ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 8 contracts
Sources: Lease Agreement (Lender Processing Services, Inc.), Lease Agreement (Lender Processing Services, Inc.), Lease Agreement (Lender Processing Services, Inc.)
ALTERATIONS AND IMPROVEMENTS. Tenant (a) The Lessee shall have the privilege from time to time of making Additional Improvements to the Facility Realty as it may determine in its discretion to be desirable for its uses and purposes, provided that:
(i) as a result of the Additional Improvements, the fair market value of the Facility is not reduced below its fair market value immediately before the Additional Improvements are made and the usefulness, structural integrity or operating efficiency of the Facility is not materially impaired,
(ii) the Additional Improvements are effected with due diligence, in a good and workmanlike manner and in compliance with all applicable Legal Requirements,
(iii) the Additional Improvements are promptly and fully paid for by the Lessee in accordance with the terms of the applicable contract(s) therefor, and
(iv) the Additional Improvements do not change the nature of the Facility so that it would not constitute the Approved Facility and a qualified “project” within the meaning of the Act.
(b) All Additional Improvements shall constitute a part of the Facility, subject to the Company Lease, this Agreement and the Sublease Agreement.
(c) If at any time after the Operations Commencement Date, the Lessee shall make any Additional Improvements, the Lessee shall (i) notify an Authorized Representative of the Agency of such Additional Improvements by delivering written notice thereof within thirty (30) days after the completion of the Additional Improvements, and (ii) take the actions required by Section 5.1(f)(i)(3).
(d) In addition to the Facility Personalty, the Lessee shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause permit to be installed any trade fixtureat the Facility Realty, signsmachinery, floor coveringequipment and other personal property at the Lessee’s own cost and expense (the “Lessee’s Property”). Once so installed, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlordthe Lessee’s prior written approval, which approval Property shall not constitute Facility Personalty and shall not be unreasonably withheld subject to the Company Lease, this Agreement or delayed. Upon the expiration Sublease Agreement, nor constitute part of the Initial Term of this LeaseFacility, Tenant provided that the same is not made fixtures appurtenant to the Facility Realty. The Lessee shall have the option right to remove such alterationscreate or permit to be created any mortgage, decorationsencumbrance, additions lien or improvements made by itcharge on, provided any damage to Premises resulting from such removal is repaired. Alsoor conditional sale or other title retention agreement with respect to, upon the expiration Lessee’s Property, without the consent of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages or notice to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcAgency., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 4 contracts
Sources: Agency Lease Agreement, Agency Lease Agreement, Agency Lease Agreement
ALTERATIONS AND IMPROVEMENTS. Tenant During the Lease Term (and any Extension Term), Lessee shall have the right at any time throughout the term of this Lease and any extensions hereof, to make any alterations or cause improvements to the Property without Lessor’s consent except for Structural Alterations. Any Structural Alterations to the Property shall require the consent of Lessor, not to be madeunreasonably withheld, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld conditioned or delayed. Upon the expiration of the Initial Term of this Lease; provided, Tenant shall have the option to remove such alterationshowever, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not Lessee may make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises Structural Alteration without the prior written approval consent of LandlordLessor if such Structural Alteration (a) is of equal or better quality than any existing Improvement, which approval shall (b) does not be unreasonably withheld consist of adding any new structures or delayedreducing or enlarging any existing structures on the Property, and (c) does not have a Material Adverse Effect. Notwithstanding the foregoing, Tenant shall be permitted Lessee may undertake any alterations to make Minor the Property that are not Structural Alterations (as defined below) without LandlordLessor’s prior written consent. Minor AlterationsIf Lessor’s consent is required hereunder and Lessor consents to the making of any such alterations, as used hereinthe same shall be made by Lessee at Lessee’s sole expense by a licensed contractor and according to plans and specifications approved by Lessor. Any work at any time commenced by Lessee on the Property shall be prosecuted diligently to completion, shall be defined of good workmanship and materials and shall comply fully with all the terms of this Lease and all Legal Requirements. With respect to any alteration individually costing $250,000.00 or more, (x) at the commencement of any such alteration, Lessee shall execute and file or record, as appropriate, a “Notice of Non-Responsibility,” or any alterationsequivalent notice permitted under Legal Requirements and (y) upon completion of any such alteration, improvements, etc. made Lessee shall upon Lessor’s written request promptly provide Lessor with evidence of full payment to all laborers and materialmen contributing to the Premises (excluding alterations. Lessee shall keep the facade thereof) which do not affect Property free from any liens arising out of any work performed on, or materials furnished to, the structure Property. Any addition to or alteration of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord Property shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration be deemed a part of the PremisesProperty and belong to Lessor, and Lessee shall execute and deliver to Lessor such instruments as Lessor may require to evidence the ownership by Lessor of such addition or alteration, excepting Lessee’s personal property, which shall remain the property of Lessee.
Appears in 3 contracts
Sources: Lease Agreement (Four Corners Property Trust, Inc.), Revolving Credit and Term Loan Agreement (Four Corners Property Trust, Inc.), Lease Agreement (Four Corners Property Trust, Inc.)
ALTERATIONS AND IMPROVEMENTS. Tenant Sublessee shall have the right at any time throughout the term of this Lease Sublease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant Sublessee may deem necessary or suitable with LandlordSublessor’s prior written approval, which approval shall not be unreasonably withheld or delayeddelayed so long as the requested improvements do not violate the terms and conditions of the Master Lease Agreement. Upon the expiration of the Initial Term of this LeaseSublease, Tenant Sublessee shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this LeaseSublease, Tenant Sublessee if requested by Landlord Sublessor shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant Sublessee shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of LandlordSublessor, which approval shall not be unreasonably withheld or delayeddelayed so long as the request does not violate the terms and conditions of the Master Lease Agreement. Notwithstanding the foregoing, Tenant Sublessee shall be permitted to make Minor Alterations (as defined below) without LandlordSublessor’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord Sublessor approves any alterations, additions, improvements, etc., Landlord Sublessor shall notify TenantSublessee, in writing, along with LandlordSublessor’s approval notice, of whether Tenant Sublessee shall, upon termination of this LeaseSublease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord Sublessor for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 3 contracts
Sources: Sublease Agreement (Lender Processing Services, Inc.), Sublease Agreement (Lender Processing Services, Inc.), Sublease Agreement (Lender Processing Services, Inc.)
ALTERATIONS AND IMPROVEMENTS. Except for minor, decorative alterations which do not affect the Building structure or systems, are not visible from outside the Premises and do not cost in excess of $10,000.00 in the aggregate, Tenant shall have not make or allow to be made any alterations, physical additions or improvements in or to the right Premises without first obtaining in writing Landlord's written consent for such alterations or additions, which consent may be granted or withheld in the sole, unfettered discretion of Landlord (if the alterations will affect the Building structure or systems or will be visible from outside the Premises), but which consent shall not be unreasonably withheld (if the alterations will not affect the Building structure or systems and will not be visible from outside the Premises). Upon Landlord's request, Tenant will furnish Landlord plans and specifications for any proposed alterations, additions or improvement and shall reimburse Landlord for its reasonable cost to review such plans. Any alterations, physical additions or improvements shall at once become the Property of Landlord; provided, however, Landlord, at its option, may require Tenant to remove any time alterations, additions or improvements in order to restore the Premises to the condition existing on the Commencement Date. All costs of any such alterations, addition or improvement shall be borne by Tenant. All alterations, additions or improvements must be made in a good, first-class, workmanlike manner and in a manner that does not disturb other tenants (i.e., any loud work must be performed during non-business hours) and Tenant must maintain appropriate liability and builder's risk insurance throughout the term construction. Tenant does hereby indemnify and hold landlord harmless from and against all claims for damages or death of persons or damage or destruction of property arising our of the performance of any such alterations, additions or improvements made by or on behalf of Tenant. Under no circumstances shall Landlord be required to pay, during the Term of this Lease and any extensions hereof, to make or cause to be maderenewals thereof, any ad valorem or Property tax on such alterations, additions, improvements or improvements, or install or cause repairs. Repairs which are to be installed performed by contractors or workmen other than Landlord's contractors or workmen, any trade fixture, signs, floor covering, interior such contractors or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not workmen must first be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenantapproved, in writing, along with by Landlord’s approval notice, . Landlord agrees to assign to Tenant any rights it may have against the contractor of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or with respect to any work performed by said contractor in connection with improvement made by Landlord at the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost request of removing such alterations or additions and the restoration of the PremisesTenant.
Appears in 3 contracts
Sources: Lease Agreement (KnowBe4, Inc.), Lease Agreement (KnowBe4, Inc.), Lease Agreement (American Recreational Enterprises Inc)
ALTERATIONS AND IMPROVEMENTS. 8.1 Save for the installation of trade fixtures and furnishings, the Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to will make or cause to be made, any no alterations, additionsinstallations, removals, additions or improvements, improvements in or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with about the Premises without the Landlord’s prior written approvalconsent, which approval shall consent will not be unreasonably withheld or delayed, and in the event of such consent, all work is done at the Tenant’s sole expense and at such times and such manner as the Landlord may reasonably approve.
8.2 The Tenant will not suffer or permit any builders’ liens to be filed against the interest of the Landlord in the Land or the Premises by reason of work, labour, services or material supplied or claimed to have been supplied to the Tenant or for which the Tenant may be in any way obligated, and if any such builders’ lien will at any time be filed against the Land or the Premises whatsoever, the Tenant will cause the same to be discharged from title to the Land within 20 days of the date the Tenant has knowledge of such filing. Upon The Landlord may wish to post security under the provisions of the Builders Lien Act or any legislation replacing such Act.
8.3 All articles of personal property and all business and trade fixtures, machinery and equipment, cabinet work, furniture and movable or immovable partitions owned or installed by the Tenant at the expense of the Tenant in the Premises will remain the property of the Tenant and may be removed by the Tenant at any time during the Term, provided that the Tenant at its expense will repair any damage to the premises or the Building caused by such removal of the original installation.
8.4 The Landlord may elect to require the Tenant to remove all or any part of the business and trade fixtures, machinery and equipment, cabinet work, furniture and movable and immovable partitions owned or installed by or on behalf of the Tenant after the commencement of the Term (other than those which constitute ordinary and reasonable commercial fixtures and improvements which would be reasonably useable by other commercial tenants) at the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from Lease in which event such removal is repaired. Alsodone at the Tenant’s expense and the Tenant will, upon the expiration of the Initial Term of this Leaseat its expense, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or to the buildings Building caused by such removal.
8.5 If the Tenant does not remove the property set out in which Section 8.4 forthwith after written demand by the Premises are located) occasioned by their installation or removal Landlord, such property will, if the Landlord elects, be deemed to become the Landlord’s property and restore the Premises to substantially Landlord may remove the same condition as existed prior to at the time when any such alterations or additions were made, or (ii) reimburse Landlord for same at the expense of the Tenant and the cost of removing such alterations or additions removal will be paid by the Tenant forthwith to the Landlord on written demand and the restoration Landlord will not be responsible for any loss or damage to such property because of the Premisessuch removal.
Appears in 3 contracts
Sources: Lease Agreement (Xenon Pharmaceuticals Inc.), Lease Agreement (Xenon Pharmaceuticals Inc.), Lease Agreement (Xenon Pharmaceuticals Inc.)
ALTERATIONS AND IMPROVEMENTS. Tenant shall have (a) At the right at any time throughout the term of this Lease and any extensions hereof, to make end or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term other termination of this Lease, Tenant shall have deliver up the Premises with all improvements located thereon (except as otherwise herein provided) in good repair and condition, reasonable wear and tear excepted, and shall deliver to Landlord all keys to the Premises. The cost and expense of any repairs necessary to restore the condition of the Premises to said condition in which they are to be delivered, reasonable wear and tear excepted, to Landlord shall be borne by Tenant. Tenant will not make or allow to be made any alterations, physical additions or improvements in excess of an aggregate amount of twenty five thousand and 00/100 dollars ($25,000.00) in any twelve (12) month period in or to the interior of the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld as to non-structural alterations or improvements. All alterations, additions or improvements made in or upon the Premises, either by Landlord or Tenant, shall be Landlord’s property on termination of this Lease and shall remain on the Premises without compensation to Tenant. All furniture, movable trade fixtures and personal property of Tenant may be removed by Tenant at the termination of this Lease if Tenant so elects, and shall be so removed if required by Landlord, or if not so removed shall, at the option of Landlord, become the property of Landlord. All such installations, removals and restoration shall be accomplished in a good workmanlike manner so as not to remove such damage the Premises or the primary structure or structural qualities of any building improvements or the plumbing, electrical lines or other utilities.
(b) Tenant shall indemnify and hold harmless Landlord from and against all costs (including attorneys’ fees and costs of suit), losses, damages, claims, demands, liabilities, or causes of action arising out of or relating to any alterations, decorations, additions or improvements made by itTenant to the Premises, provided including but not limited to any damage to Premises resulting from such removal is repairedmechanics’ or materialmen’s liens asserted in connection therewith. Also, upon The indemnity obligations of Tenant set forth herein shall survive the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon earlier termination of this Lease, either: provided, however, in the event Landlord has not commenced litigation against Tenant regarding the indemnity obligations of Tenant set forth herein within two (i2) remove any years after the expiration or earlier termination of this Lease, this indemnity shall survive such alterations expiration or additions and repair any damage to the Premises earlier termination of this Lease for a period of two (or the buildings in which the Premises are located2) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premisesyears.
Appears in 2 contracts
Sources: Sublease (Encore Capital Group Inc), Sublease (Encore Capital Group Inc)
ALTERATIONS AND IMPROVEMENTS. Tenant Sublandlord shall have the right at any time throughout the term of this Lease and any extensions hereof, no obligation to make any alterations or cause improvements to be madethe Premises for Subtenant's use or occupancy thereof; however, any alterations, additions, or improvements, or install or cause Sublandlord shall reimburse Subtenant for up to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration $150,000.00 of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions actual paid invoices reflecting alterations or improvements made by itSubtenant to the Subleased Premises on or before August 31, provided 2002. In addition, Sublandlord shall cooperate with Subtenant to assist in Subtenant's reuse of Sublandlord's network cabling and in resolving any damage to Premises resulting from such removal is repaired. Also, upon questions regarding the expiration compliance of the Initial Term Subleased Premises with applicable life safety codes. Notwithstanding any provisions of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages the Master Lease to the Premises resulting from such removal. During the termcontrary, Tenant Subtenant shall not make any alterations, additions, improvements, non-cosmetic changes improvements or other material changes to installments in the Subleased Premises without in each instance obtaining the prior written approval consent of Landlordboth Master Landlord and Sublandlord, which approval consent shall not be unreasonably withheld withheld, delayed or delayedconditioned. Notwithstanding Sublandlord hereby consents to Subtenant's initial proposed alterations, additions and improvements shown on Exhibit D. If Sublandlord and Master Landlord consent to any such alterations, improvements or installations, Subtenant shall perform and complete such alterations, improvements and installations at its expense, in compliance with applicable laws and the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consentMaster Lease. Minor Alterations, as used herein, shall be defined as If Subtenant performs any alterations, improvementsimprovements or installations without obtaining the prior written consent of both Master Landlord and Sublandlord, etc. made to the Premises Sublandlord (excluding the facade thereofor Master Landlord) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any may remove such alterations, additionsimprovements or installations, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions restore the Subleased Premises and repair any damage arising from such removal or restoration, and Subtenant shall be liable for all costs and expenses incurred in the performance of such removal, repairs or restoration. At the Master Landlord's option, all alterations, additions and improvements (except trade fixtures) shall be and remain the property of the Master Landlord upon installation and shall be surrendered to the Premises (or Master Landlord upon the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were madetermination of this Sublease, or (iiif the Master Landlord has so advised Subtenant at the time it consented to such alterations, additions or improvements) reimburse Landlord for the cost of removing such alterations or additions shall be removed by Subtenant and the Premises restored to their condition on the Commencement Date. If the Master Landlord requires such removal and restoration of and Subtenant fails to comply with such requirement, Sublandlord may undertake such removal and restoration and Subtenant shall be liable to Sublandlord for all costs and expenses incurred by the PremisesSublandlord in connection therewith.
Appears in 2 contracts
Sources: Sublease Agreement (Rsa Security Inc/De/), Sublease Agreement (Serena Software Inc)
ALTERATIONS AND IMPROVEMENTS. Subject to the terms of the Existing Lease referred to in Section 1.2 above and subject to the last two (2) sentences of this Section 7.1, Tenant shall have the right, without obtaining any consent from Landlord therefore, from time to time during the term of this Lease, to erect any lawful building or buildings or other lawful improvements upon the demised premises of any kind, nature or description, as it deems desirable, and to make repairs, changes, alterations, additions and other improvements thereto, structural or otherwise, and to demolish and remove any of the same, as Tenant may from time to time deem necessary or desirable provided, however, that no such alteration, demolition or addition shall diminish the value of the demised premises when considering the aggregate effect of alterations, demolition or additions made by Tenant to the demised premises. Also, subject to the Existing Lease and the terms of any other leases or subleases entered into by Tenant for any portion of the demised premises, Tenant shall have the right at any time throughout during the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additionsLease, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon at the expiration of the Initial Term term, as Tenant shall see fit, to remove any and all improvements erected, installed or placed on the demised premises prior to or during the term hereof by Tenant, notwithstanding the fact that any such improvements may be deemed part of this Leasethe realty, and notwithstanding any rule, regulation or statute to the contrary. In the event Landlord has approved the specific structural alteration or demolition, Tenant shall have no obligation to restore the option demised premises except as otherwise set forth in the Existing Lease or as set forth in any other leases or subleases entered into by Tenant for any portion of the demised premises. In the event Landlord has not approved specific structural alterations or demolition in advance, then Tenant shall either restore the building and the demised premises with respect to remove such alterations, decorations, additions unapproved structural alteration or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, demolition upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions or, if this Lease is to expire at the end of the Original Term, and repair any damage if Tenant does not so restore the demised premises and the building, then Landlord shall have the right to "put" the demised premises to Tenant at the Purchase Price referred to in Article 16 below and Tenant shall be obligated to purchase the demised premises at the Purchase Price pursuant to the Premises (or the buildings process provided in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord Section 16.3 below for the cost of removing such alterations or additions and the restoration of the PremisesPut Option.
Appears in 2 contracts
Sources: Lease Agreement (Brooks-Pri Automation Inc), Lease Agreement (Brooks Automation Inc)
ALTERATIONS AND IMPROVEMENTS. Tenant A. Lessee shall make no changes, improvements, alterations, or additions to the leased premises unless such changes, improvements, alterations, or additions:
1) Are first approved in writing by Lessor. Lessor shall not unreasonably withhold approval.
2) Are not in violation of restrictions placed on Lessor by lenders or other third parties.
3) Will not materially alter the character of the leased premises.
4) Will not substantially lessen the value of the leased premises.
5) Are made in a workmanlike manner, utilizing good quality materials.
B. Lessee shall have the right to place and install personal property, trade fixtures, equipment and other temporary installations in and upon the leased premises, and fasten the same to the premises.
C. All personal property, equipment, machinery, trade fixtures and temporary installations, whether acquired by Lessee at the commencement of the Lease term or placed or installed on the leased premises by Lessee thereafter, shall remain Lessee's property free and clear of any claim by Lessor. Lessee shall have the right to remove the same at any time throughout during the term of this Idaho Commercial Lease provided that all damage to the leased premises caused by such removal shall be repaired by Lessee at Lessee's expense.
D. All improvements made by Lessee to the leased premises which are so attached to the leased premises that they cannot be removed without material injury to the leased premises, shall become the property of the Lessor upon installation.
E. Not later than the last day of the Term, Lessee shall, at Lessee’s sole expense
1) Remove all of Lessee’s personal property and any extensions hereofthose improvements made by Lessee which have not become the property of Lessor, to make including trade fixtures, cabinetwork, movable paneling, partitions, and the like,
2) Repair all injury done by or cause to be made, any alterations, additions, in connection with the installation or removal of such property and improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, and
3) Surrender the leased premises in as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon good condition as they were at the expiration beginning of the Initial Term, reasonable wear and tear excepted.
F. All property remaining on the leased premises after the last day of the Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant Idaho Commercial Lease shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consentconclusively deemed abandoned and may be removed by Lessor. Minor Alterations, as used herein, Lessee shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord Lessor for the cost of removing such alterations or additions and the restoration of the Premisesremoval.
Appears in 2 contracts
Sources: Commercial Lease Agreement, Commercial Lease Agreement
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes additions or other material changes improvements to the Premises or Property without the prior written consent of Landlord; nor shall Tenant, or any telecommunications companies on behalf of Tenant, install any telecommunications systems within the Property without the prior written consent of Landlord. All construction and other work pre-approved by Landlord and performed by or on behalf of Tenant shall be with Approved Materials and Approved Contractors; and all construction shall be completed in a good and workmanlike manner and in compliance with all Laws, as well as all requirements of Landlord’s insurance carrier. Prior to installing any trade fixtures, or making any alterations, additions or improvements to the Premises, Tenant shall notify Landlord in writing of the same and provide to Landlord such plans and specifications for such work as Landlord may reasonably request, together with a detailed work schedule and list of contractors, subcontractors and materialmen. It is expressly understood and agreed that Landlord’s approval of Landlord, which approval any plans and specifications of any work undertaken by Tenant shall not be unreasonably withheld a representation by Landlord that the contemplated alterations, additions or delayedimprovements comply with any Laws; and Tenant shall remain wholly liable for compliance with all Laws and indemnify and hold Landlord harmless from any violations thereof. Landlord shall not be liable for or be required to insure any alterations or improvements made to the Premises by or on behalf of Tenant; and Tenant shall secure all-risk property insurance coverage for all such alterations and improvements pursuant to Section 19. Notwithstanding anything to the foregoingcontrary in this Lease, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair liable for any damage to the Premises (and the Property arising from any alteration or the buildings in which construction undertaken by Tenant. Prior to performing any alterations, additions or improvements to the Premises are locatedor Property, Tenant shall first provide Landlord with certain assurances reasonably satisfactory to Landlord that Tenant is capable of paying for all such materials and work. Such assurances may include, by way of example (a) occasioned proof of prepayment of all or substantially all of such materials and work, based upon actual contractor’s bids; (b) evidence of a construction or other loan from a bank or other lender in the full amount of the cost of Tenant’s proposed improvements which provides for the disbursement of the loan proceeds pursuant to a disbursing arrangement in accordance with customary industry standards reasonably acceptable to Landlord; or (c) a guaranty by their installation one (1) or more separate persons or entities, reasonably satisfactory to Landlord, for the full amount of the cost of such work. Landlord reserves the right, but not the obligation, to perform all alterations, improvements or additions required by Tenant; and, in the event Landlord exercises such right, Tenant shall reimburse Landlord for all of Landlord’s costs within fifteen (15) days after receipt of Landlord’s statement. Tenant shall remove all trade fixtures from the Premises prior to the expiration of this Lease, unless Landlord has theretofore consented in writing to allow such trade fixtures to remain within the Premises. Tenant shall remove all other improvements from the Premises, whether or not installed and/or pre-approved by Landlord, unless Landlord elects in writing to require such improvements to remain within the Premises. For purposes of this Lease, improvements shall include without limitation, all personal property, construction, and fixtures, and all voice, video, data and other telecommunications wiring, cabling and equipment (collectively, “Telecommunication Equipment”) installed by or on behalf of Tenant. Notwithstanding the aforesaid, Tenant shall have no duty to remove any construction or fixtures which were installed by Landlord or Tenant in connection with Tenant’s initial occupancy of the Premises, except with respect to Tenant’s Telecommunication Equipment which Tenant shall remove unless Landlord otherwise specifically elects in writing. Tenant shall repair any damage caused by any such removal and restore the Premises to a condition substantially similar to the same condition as existed of the Premises immediately prior to the time when any installation of such alterations or additions were madeimprovements; in the event Tenant fails to so repair and restore the Premises, or (ii) reimburse Landlord Tenant shall be liable for the cost costs thereof, which liability shall survive the termination of removing such alterations or additions and the restoration of the Premisesthis Lease.
Appears in 2 contracts
Sources: Standard Office Building Lease (Eargo, Inc.), Standard Office Building Lease (Eargo, Inc.)
ALTERATIONS AND IMPROVEMENTS. 9.1 Landlord understands that Tenant shall have has made and may in the right at any time throughout future make substantial improvements to the term interior of this Lease the Demised Premises including, but not limited to, the installation of the mezzanine, partitions, dropped ceilings, conduit, raised flooring, electrical systems, fire sprinkler systems, heating, ventilating and any extensions hereofair-conditioning systems, and other improvements necessary or desirable to prepare the Demised Premises for Tenant’s occupancy thereof (the “Tenant Improvements”).
9.2 Tenant may not make or cause to be made, any structural alterations, additions, additions or improvements, or install or cause improvements to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with the Demised Premises (“Structural Alterations”) without the consent of the Landlord’s prior written approval, which approval consent shall not be unreasonably withheld withheld, conditioned or delayed. Upon the expiration Landlord will review and consent or object in writing to Tenant’s submission of the Initial Term Tenant’s plans for structural alterations within ten (10) days of this Lease, Tenant receipt thereof. Landlord’s failure to respond within ten (10) days shall have the option to remove such operate as a refusal of consent. Landlord’s consent shall not be required for nonstructural alterations, decorations, additions or improvements made by itto the Demised Premises (“Nonstructural Alterations”). Tenant’s Structural Alterations and Nonstructural Alterations are sometimes hereinafter referred to as “Alterations”. In the event Landlord does not consent to the Tenant’s plans for Structural Alterations, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration Landlord shall specifically inform Tenant of the Initial Term reason for denial of this Lease, Tenant if requested such consent. Any work undertaken by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall be performed in compliance with all applicable codes and standards including, but not make any alterationslimited to, additionsthe New Jersey Uniform Construction Code.
9.3 Tenant, improvementsat Tenant’s sole cost and expense, non-cosmetic changes or other material changes shall prepare all necessary plans and specifications for the design and construction of all Tenant Improvements (the “Tenant Plans”). The Tenant Plans shall be subject to the Premises without the prior written review and approval of by Landlord, which approval Landlord shall not unreasonably delay or withhold or condition, and which shall be deemed approved if Landlord has not responded to Tenant within ten (10) days after submission thereof by Tenant to Landlord. Any material changes by Tenant to the Tenant Plans, once approved by Landlord, shall likewise be subject to review and approval by Landlord, which approval Landlord shall not unreasonably withheld delay or delayedwithhold or condition, and which shall be deemed approved if Landlord has not responded to Tenant within ten (10) days after submission thereof by Tenant to Landlord. Notwithstanding the foregoing, Tenant shall cause the construction and installation of the Tenant Improvements to be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made in compliance with the approved Tenant Plans.
9.4 In addition to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc.other provisions set forth in this Section 9, Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether and Tenant shall, upon termination of this Lease, eitheragree that: (i) remove any such alterations or additions each shall require all contractors retained by it to indemnify and repair any damage hold harmless Landlord and Tenant to the Premises (maximum extent permitted by law, to comply with all safety rules and regulations including, but not limited to OSHA regulations, and take all safety measures reasonably required to protect Landlord and Tenant and their respective agents, contractors and employees from injury or damage caused by or resulting from the buildings in which performance of the Premises are located) occasioned by their installation or removal and restore construction activities at the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or Demised Premises; (ii) reimburse all construction contracts in connection with construction activities at the Demised Premises shall contain provisions that obligate the contractors to: (a) carry public liability and property damage insurance with a combined single limit of not less than $5,000,000.00; and (b) carry workmen’s compensation insurance in compliance with New Jersey law.
9.5 The review and approval by Landlord of the plans and specifications for the cost Tenant Improvements is solely for the benefit of removing such alterations or additions Landlord, and, in reviewing and approving the restoration same, Landlord assumes no liability for the design of the Tenant Improvements or the adequacy thereof, nor shall such review or approval by Landlord release Tenant from any obligation or liability in respect thereof.
9.6 Upon Tenant’s request, from time to time, Landlord shall promptly submit to Tenant the current copies of any and all plans, specifications and/or working drawings relative to the Demised Premises which have not been previously submitted to Tenant pursuant to other provisions of this Lease. Upon Landlord’s request, from time to time, Tenant shall promptly submit to Landlord then current copies of any and all plans, specifications and/or working drawings relative to the Tenant Improvements which have not been previously submitted to Landlord pursuant to other provisions of this Lease. Landlord will not impose any fee for review or approval of the plans for the Tenant Improvements. Landlord will not impose any fees for construction, supervision, or plan review unless Landlord is acting as the general contractor.
9.7 Neither party shall, at any time prior to or during the Term, directly or indirectly employ or permit the employment of, any contractor, mechanic or laborer in the Demised Premises if such employment would interfere or cause any conflict with other contractors, mechanics or laborers engaged in the construction, maintenance or operation of the Demised Premises. In the event of such interference or conflict, each party, upon demand of the other, shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the Demised Premises immediately.
9.8 Tenant shall, in connection with the construction and installation of Tenant Improvements, comply with all applicable laws, ordinances, rules and regulations and shall, with Landlord’s assistance as may be required, obtain all permits and approvals required or necessary thereunder in order for Tenant to perform the Tenant Improvements.
9.9 If, because of any acts or omission of Tenant or anyone claiming through or under Tenant, any mechanic’s or materialmen’s notice of intention or mechanic’s or materialmen’s or other construction lien or order for the payment of money shall be filed against the Demised Premises, or against Landlord (whether or not such lien or order is valid or enforceable as such), Tenant shall, at Tenant’s own cost and expense, cause the same to be canceled and discharged of record or bonded off within forty-five (45) days after the date of filing thereof, and shall also indemnify and save harmless Landlord from and against any and all costs, expenses, claims, losses or damages, including reasonable counsel fees, resulting therefrom or by reason thereof. If, because of any acts or omission of Landlord or anyone claiming through or under Landlord, any mechanic’s or materialmen’s notice of intention or mechanic’s or materialmen’s or other construction lien or order for the payment of money shall be filed against the Demised Premises, or against Tenant (whether or not such lien or order is valid or enforceable as such), Landlord shall, at Landlord’s own cost and expense, cause the same to be canceled and discharged of record or bonded off within forty-five (45) days after the date of filing thereof, and shall also indemnify and save harmless Tenant from and against any and all costs, expenses, claims, losses or damages, including reasonable counsel fees, resulting therefrom or by reason thereof.
Appears in 2 contracts
Sources: Lease Agreement (SunGard VeriCenter, Inc.), Lease Agreement (Sungard Capital Corp Ii)
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to will not make or cause allow to be made, made any alterations, additions, alterations or improvements, physical additions in or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval consent of Landlord, which approval consent shall not be unreasonably withheld or delayedas to nonstructural alterations. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor AlterationsLandlord may require, as used herein, shall be defined as any alterations, improvements, etc. made a condition to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove granting its consent to any such alterations or physical additions, that Tenant agree to remove such alterations or physical additions and repair any damage to at the Premises (or end of the buildings in which the Premises are located) occasioned by their installation or removal lease term and restore the Premises to substantially the condition in which the same condition as existed prior to the time when any before such alterations or physical additions were made. At the end or other termination of this lease, Tenant shall deliver up the Premises with all improvements located thereon (except as otherwise herein provided) in good repair and condition, reasonable wear and tear excepted, and shall deliver to Landlord all keys to the Premises. The cost and expense of any repairs necessary to restore the condition of the Premises to such condition in which they are to be delivered to Landlord shall be borne by Tenant. All permanent alterations, additions or Improvements made in or upon the Premises, either by Landlord or Tenant, shall be Landlord's property on termination of this lease and shall remain on the Premises without compensation to Tenant. All temporary alterations, furniture, movable trade fixtures and equipment installed and paid for by Tenant may be removed by Tenant at the termination of this lease if Tenant so elects, and shall be so removed if required by Landlord, or (ii) reimburse Landlord for if not so removed shall at the cost option of removing Landlord, become the property of Landlord. All such alterations installations, removals and restoration shall be accomplished in good workmanlike manner so as not to damage the Premises or additions and the restoration primary structure or structural qualities of the PremisesBuilding or the plumbing, electrical lines or other utilities.
Appears in 2 contracts
Sources: Annual Report, Office Lease Agreement (Sonus Networks Inc)
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereofmay make no alteration, repairs, additions or improvements in, to make or cause about the Premises (collectively, "Tenant Alterations"), without the prior written consent of Landlord, which shall not be unreasonably withheld, and Landlord may impose as a condition to be madesuch consent such requirements as Landlord, any alterationsin its reasonable discretion, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable desirable, including without limitation, (a) the right to approve the plans and specifications for any work, (b) the right to require insurance satisfactory to Landlord, (c) the right to require evidence of Tenant's ability to make full payment for any work, (d) requirements as to the manner in which or the time or times at which work may be performed and (e) the right to designate the contractor or contractors to perform Tenant Alterations which affect the fire sprinkler or life safety systems of the Hotel. All Tenant Alterations shall be compatible with a first class hotel/casino complex and completed in accordance with Landlord’s 's requirements and all applicable rules, regulations and requirements of governmental authorities and insurance carriers. Tenant shall pay to Landlord Landlord's reasonable charges (which shall be assessed by Landlord at its cost, without profit) for reviewing and inspecting all Tenant Alterations to assure full compliance with all of Landlord's requirements. Landlord does not expressly or implicitly covenant or warrant that any plans or specifications submitted by Tenant are safe or that the same comply with any applicable laws, ordinances, codes, rules or regulations. Further, Tenant shall indemnify, protect, defend and hold Landlord harmless from any loss, cost or expense, including attorneys' fees and costs, incurred by Landlord as a result of any defects in design, materials or workmanship resulting from Tenant Alterations. If requested by Landlord, Tenant shall provide Landlord with copies of all contracts, receipts, paid vouchers, and any other documentation in connection with the construction of such Tenant Alterations. Tenant shall promptly pay all costs incurred in connection with all Tenant Alterations. Notwithstanding the foregoing provisions of this Article 9, Landlord's prior written approval, which approval consent shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, required with respect to any Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, Alteration which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises costs less than Twenty-Five Thousand Dollars (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or $25,000); (ii) reimburse Landlord for does not materially affect the cost of removing such alterations interior or additions and the restoration exterior appearance of the Premises; and (iii) does not affect fire sprinklers, life safety, plumbing, electrical or mechanical systems of the Hotel.
Appears in 2 contracts
Sources: Lease Agreement (Ark Restaurants Corp), Lease Agreement (Ark Restaurants Corp)
ALTERATIONS AND IMPROVEMENTS. Tenant Resident shall have the no right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions alterations or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes Residence or other material changes to the Premises without the prior written approval consent of Landlord, which approval may be withheld in the Landlord’s sole discretion for purely aesthetic reasons. Additions, alterations, and/or improvements include, but are not limited to, changing the exterior paint color, exterior siding, constructing additions to the Residence/Premises, replacing the Residence located on the Premises, and all other alterations or improvements to the Premises. In the event the Residence is removed from the Premises during the term of this Sublease, or if the said Residence is damaged beyond fifty (50%) percent of its replacement value, the Resident shall not be unreasonably withheld replace the said Residence within ninety (90) days of its removal or delayeddestruction by reconstructing said damaged Residence or replacing the removed Residence, in accordance with the prior written approval obtained from Landlord. Notwithstanding the foregoing, Tenant The Premises shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, deemed abandoned and Resident shall be defined in default under this Sublease whenever Resident fails to repair or replace said damaged or removed Residence as any alterations, improvements, etcrequired herein. made to Time is of the essence. Any replacement home must be purchased through the Landlord or its agents. Resident shall maintain the Residence and the Premises (excluding in a neat and orderly condition in compliance at all times with the facade thereof) which do not affect the structure Rules and Regulations of the buildings, their systems Village. In the event Resident fails or equipment. If Landlord approves any alterations, additions, improvements, etc.is unable to maintain the Residence or Premises in this manner, Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, Resident of whether Tenant shall, upon termination such failure and Resident shall within ninety (90) days complete all such repairs or work. Failure of Resident to timely complete all repairs or work shall be a default under this Agreement. In addition to all other remedies at law and equity for such breach of this LeaseAgreement, either: (i) remove any such alterations or additions and repair any damage Landlord shall have the additional right, but not the obligation, to make the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were maderepairs, or (ii) reimburse Landlord for to maintain, clean-up, or repair the cost of removing such alterations or additions and the restoration exterior of the PremisesResidence and grounds, and Resident shall reimburse to Landlord within twenty (20) days of the date of invoice all costs thereof as additional rental, which shall include all costs and reasonable attorney’s fees.
Appears in 2 contracts
Sources: Sublease Agreement, Sublease Agreement
ALTERATIONS AND IMPROVEMENTS. Tenant (a) Lessee shall have the right at any time throughout the term of this Lease and any extensions hereof, to not make or cause to be made, made any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Improved Leased Premises without the prior written approval consent of LandlordLessor. All alterations, which approval shall not be unreasonably withheld additions or delayed. Notwithstanding the foregoing, Tenant improvements approved by Lessor shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used hereinmade solely at Lessee's expense by a contractor approved by Lessor, shall be defined made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 5, and any fixtures installed as any alterationsa part thereof, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, either: (i) and Lessee shall promptly remove any such alterations or additions the same and repair any damage to the Improved Leased Premises caused by such removal.
(b) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the buildings interest from such claim or in which any manner satisfactory to Lessor and any mortgagee. If Lessee desires to contest the Premises are located) occasioned by their installation validity of any lien or removal and restore the Premises to substantially the same condition as existed claim, Lessee may do so upon Lessor's prior to the time when any such alterations or additions were madewritten consent, or (ii) reimburse Landlord for provided Lessee sustains the cost of removing such alterations contest, and Lessee remains liable to pay or additions discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and the restoration holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of the Premisessuch contest, unless such contest arises from any negligent or intentional act or omission of Lessor.
Appears in 2 contracts
Sources: Commercial Lease Agreement (Embassy Bancorp, Inc.), Commercial Lease Agreement (Embassy Bancorp, Inc.)
ALTERATIONS AND IMPROVEMENTS. A. Upon completion of the Tenant Improvements in accordance with paragraph 2 hereof, Landlord shall assign to Tenant all warranties relating to such Tenant Improvements (a complete list of which is set forth in Exhibit D) and shall have no further obligation to make any alterations or improvements to the right at any time throughout the term of this Lease and any extensions Premises except as provided in paragraph 13.C. hereof, to and except for (i) punch list items designated by the Tenant after inspection of the Premises upon completion of the Tenant Improvements (which items shall be completed by the Landlord within thirty (30) days after the Commencement Date) and (ii) any defective workmanship and materials in the Tenant Improvements of which the Tenant has given the Landlord notice not later than sixty (60) days after the Commencement Date, or in the case of latent defects, not later than one (1) year after the Commencement Date.
B. Tenant further covenants that it will at no time or times make or cause to be made, any alterations, additions, improvements or improvements, or install or cause changes of any kind over Thirty Thousand Dollars ($30,000) to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s the Premises without first submitting the plans thereof and securing the prior written approvalconsent of the Landlord, which approval consent shall not be unreasonably withheld or delayed. Upon ; however, Tenant agrees to submit all plans for alterations, improvements or changes of any kind to Landlord for its professional review and advice regarding construction matters prior to performing said alterations, improvements or changes; which review and advice shall be provided to the expiration Tenant within ten (10) days of submission of the Initial Term plans to the Landlord. Tenant may, at its own option and without having to secure the consent, written or otherwise of the Landlord,
(1) make any alterations or changes of any kind to the Premises which may be required by any governmental order or regulation, and such alterations or changes shall, if made by Tenant, be made at no expense to Landlord; and
(2) undertake any landscaping or similar work with respect to the Premises (including the Improvements) which are of a minor nature; provided that such work or alterations or changes are performed at no cost to Landlord. All improvements, alterations, replacements and building service equipment made or installed by or on behalf of Tenant and permanently affixed to the Improvements shall immediately upon completion or installment thereof be and become the property of Landlord, without payment therefor by Landlord, but subject to the provisions of this Lease; provided that all machinery, equipment (other than building service equipment), trade fixtures, movable partitions, furniture and furnishings installed by Tenant or maintained on the Premises, even if permanently affixed thereto, shall remain the property of Tenant, and Tenant shall have the option be entitled to remove such alterationsthe same or any part thereof at any time during the Lease term, decorationsbut Tenant shall, additions or improvements made by itat its expense, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages and all damage to the Premises resulting from or caused by such removal. During The interest of Tenant in any property which is not so removed shall at the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to end of thirty (30) days after the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings Lease vest in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the PremisesLandlord.
Appears in 2 contracts
Sources: Lease Agreement (Sync Research Inc), Lease Agreement (Entrada Networks Inc)
ALTERATIONS AND IMPROVEMENTS. (a) Subject in each case to the requirements of Paragraph 13(b), Tenant shall have the right, without having obtained the prior written consent of Landlord or Lender and provided that no Event of Default then exists, (i) to make Pre-Approved Alterations and (ii) to install or replace Fixtures or accessions to the Fixtures. If Tenant desires to make any Major Alteration to either Related Premises the prior written approval of Landlord and Lender shall be required. Withholding of such approval shall be deemed reasonable only if the proposed Major Alteration will, in the judgment of Landlord or Lender, as applicable, in each case exercised reasonably and in good faith, fail to meet the requirements of Paragraph 13(b). Any such withholding of approval shall be evidenced by notice to Tenant, given within thirty (30) days after Tenant has submitted to Landlord design drawings prepared by a licensed architect or engineer if a building permit is required, or, if no building permit is required, such other reasonably detailed description of the proposed Major Alteration, which shall be sufficient to permit Landlord and Lender to make the determination required hereby, setting forth the reason(s) for such withholding of approval. Tenant shall promptly furnish Landlord with such other information as Landlord may reasonably request during such thirty (30) day period regarding such proposed Major Alteration. In the absence of such notice by Landlord or Lender, Landlord and Lender's approval of the proposed Major Alteration shall be deemed given so long as Tenant's request for approval is conspicuously marked in all capitals on both the outside of the package and within such correspondence with the notation "THIS REQUEST FOR APPROVAL SHALL BE DEEMED GRANTED UNLESS RESPONDED TO WITHIN THIRTY (30) DAYS OF RECEIPT". Upon not less than thirty (30) days prior notice (which notice shall include design drawings or other description sufficient to permit Landlord and Lender to make the determination required hereby), Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make Major Replacements unless, within said thirty (30) day period, Landlord furnishes Tenant with a notice objecting to the Major Replacement, which Landlord notice shall be accompanied by the certification of an independent architect or, if applicable, engineer that the proposed Major Replacement constitutes a material modification of the structure it is replacing (and, therefore, constitutes a Major Alteration) or cause such Major Replacement, if completed in the manner proposed, will be of such lesser quality or utility as to be made, below any alterations, additions, reasonable standards for comparable buildings in the applicable locale. Tenant shall not construct upon the Land any additional buildings (other than storage sheds or improvements, garages not requiring foundations) or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s underground storage tanks without having first obtained the prior written approval, consent of Landlord and Lender which approval shall not as to underground storage tanks may be unreasonably withheld by Landlord or delayedLender in their sole and absolute discretion. Upon the expiration or termination of the Initial Term with respect to a Related Premises, Landlord shall have the right to require Tenant to remove any Alterations except for Pre-Approved Alterations which complied with Paragraph 13(b), Major Replacements, Alterations required by Law and Alterations which Landlord approved in writing, unless such approval was specifically conditioned upon removal of such Alteration.
(b) If Tenant makes any Alterations pursuant to this Paragraph 13 or as required by Paragraph 12 or 17 (such Alterations and actions being hereinafter collectively referred to as "Work"), then (i) the market value and utility of the applicable Related of Premises shall not be lessened by any such Work, (ii) all such Work shall be performed by Tenant in a good and workmanlike manner, (iii) all such Work shall be expeditiously completed in compliance with all Legal Requirements, (iv) all such Work shall comply with the requirements of all insurance policies required to be maintained by Tenant hereunder, (v) if any such Work involves the replacement of Fixtures or parts thereto, all replacement Fixtures or parts shall have a value and useful life equal to (A) if the Fixtures are being replaced because they are obsolete or worn out, the value and useful life on the date hereof of the Fixtures being replaced or (B) if the Fixtures are being replaced because of damage or the occurrence of a Casualty, the value and useful life of the Fixtures being replaced immediately prior to the occurrence of the event which required its replacement (assuming such replaced Fixtures were then in the condition required by this Lease), (vi) subject to Paragraph 14, Tenant shall promptly discharge or remove all liens filed against any of the Leased Premises arising out of such Work, (vii) Tenant shall procure and pay for all permits and licenses required in connection with any such Work, (viii) all such Work shall be the property of Landlord and shall be subject to this Lease, and Tenant shall have execute and deliver to Landlord any document requested by Landlord evidencing the option assignment to remove Landlord of all estate, right, title and interest (other than the leasehold estate created hereby) of Tenant or any other Person thereto or therein, (ix) if any such alterationsAlterations are Major Alterations or Major Replacements, decorations, additions or improvements made by it, provided any damage Tenant shall provide to Premises resulting from such removal is repaired. Also, upon the expiration Landlord reasonable financial assurances of the Initial Term availability of funds necessary to complete such Alterations and (x) Tenant shall comply, to the extent requested by Landlord or required by this Lease, Tenant if requested by Landlord shall remove any signs with the provisions of Paragraphs 12(a) and repair any damages to the Premises resulting from 19(a), whether or not such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the Work involves restoration of the Leased Premises.
Appears in 2 contracts
Sources: Lease Agreement (Truserv Corp), Lease Agreement (Corporate Property Associates 15 Inc)
ALTERATIONS AND IMPROVEMENTS. 8.1. Tenant shall have will not, except as provided herein, without the right at any time throughout the term prior written consent of this Lease and any extensions hereofLandlord, to which consent will not be unreasonably withheld, conditioned, or delayed, make or cause to be mademade any alterations (“Alterations”) in or to the Premises or any Building systems serving the Premises except that Tenant may, without the requirement of Landlord’s prior approval make such minor alterations costing less than $100,000 in the aggregate (“Decorations”) to the Premises which do not require a building permit and which do not affect any alterationsBuilding systems serving the Premises. Prior to making any Alterations, additionsTenant will give Landlord 10 days’ prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Tenant will furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Alterations will be completed at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or improvementsmechanics approved by Landlord, which approval will not be unreasonably withheld, and whose work will not cause or install threaten to cause disharmony or cause interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further condition its consent upon Tenant furnishing to be installed Landlord and Landlord approving prior to the commencement of any trade fixturework or delivery of materials to the Premises related to the Alterations such of the following as specified by Landlord: architectural plans and specifications, signsopinions from engineers reasonably acceptable to Landlord stating that the Alterations will not in any way adversely affect the Building’s systems, floor coveringincluding, interior without limitation, the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, and the fire and life safety systems in the Building, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate and reasonable evidence of Tenant’s ability to complete and pay for the completion of the Alterations such as a performance bond or exterior painting letter of credit if Tenant’s own financial resources are reasonably deemed inadequate by Landlord. Upon completion of the Alterations, Tenant will deliver to Landlord a digitized set of plans and specifications for the Alterations.
8.2. Tenant will pay the cost of all Alterations and the cost of decorating the Premises and any work to the Building occasioned thereby. In connection with completion of any Alterations, other than Decorations, Tenant will pay Landlord a supervision fee and design review fee at Landlord’s then standard reasonable rates which will not exceed 3% of the cost of the Alterations. Upon completion of Alterations, Tenant will furnish Landlord with contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or lightingits mortgagee.
8.3. Tenant agrees to complete all Alterations (i) in accordance with all Laws, plumbing fixturesall requirements of applicable insurance companies, shades or awnings, as Tenant may deem necessary or suitable and in accordance with Landlord’s prior written approvalstandard construction rules and regulations, which approval shall and (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant will notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Alterations and will immediately take such steps as are necessary to remedy such violation. In no event will such supervision or right to supervise by Landlord nor will any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s intended use, or of compliance with the requirements of this Section 8.3 (i) and (ii) above, or impose any liability upon Landlord in connection with the performance of such work.
8.4. Landlord, at the time it gives its consent to the installation of an Alteration will have the right to elect that Tenant remove from the Premises at the expiration or sooner termination of the Term of this Lease any Alteration made to, or installed by Tenant in, the Premises or the Building, as determined by Landlord it its sole discretion. In the event Landlord does not require the removal of such Alteration at the time it gives its initial consent to such Alteration, Tenant will not be unreasonably withheld required to thereafter remove such Alteration at the Expiration Date or delayedearlier termination of this Lease. Upon Notwithstanding the expiration of foregoing at the Initial Term Expiration Date or earlier termination of this Lease, Tenant shall will remove its Decorations, personal property, equipment and trade fixtures from the Premises.
8.5. Tenant will not permit any lien or claim for lien of any mechanic, laborer or supplier or any other lien to be filed against the Building, the Land, the Premises, or any part thereof arising out of work performed, or alleged to have been performed by, or at the option to remove direction of, or on behalf of Tenant. If any such alterations, decorations, additions lien or improvements made by it, provided any damage to Premises resulting from such removal claim for lien is repaired. Also, upon the expiration of the Initial Term of this Leasefiled, Tenant will within 30 days (or 10 days, if requested by Landlord shall remove any signs and repair any damages necessary, to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without avoid interference in Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to consummating a transaction involving the Premises (excluding the facade thereofBuilding) which do not affect the structure of the buildings, their systems receiving notice of such lien or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: claim (i) remove any have such alterations lien or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, claim for lien released of record or (ii) deliver to Landlord a bond in form, content, amount, and issued by surety, reasonably satisfactory to Landlord, indemnifying, protecting, defending and holding harmless the Indemnitees against all costs and liabilities resulting from such lien or claim for lien and the foreclosure or attempted foreclosure thereof. If Tenant fails to take any of the above actions, Landlord, without investigating the validity of such lien or claim for lien, may pay or discharge the same and Tenant will, as Additional Rent, reimburse Landlord upon demand for the cost of removing such alterations or additions amount so paid by Landlord, including Landlord’s reasonable expenses and the restoration of the Premisesreasonable attorneys’ fees.
Appears in 2 contracts
Sources: Lease Agreement (iCIMS Holding LLC), Lease Agreement (iCIMS Holding LLC)
ALTERATIONS AND IMPROVEMENTS. Tenant a. Sublandlord shall have the right at any time throughout the term of this Lease and any extensions hereof, no obligation to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions alterations or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Subleased Premises resulting from such removal. During the term, Tenant for Subtenant’s use or occupancy thereof Subtenant shall not make any alterations, additionsadditions or improvements (collectively, improvements, non-cosmetic changes or other material changes to “Subtenant Improvements”) in the Subleased Premises without in each instance obtaining the prior written approval consent of Landlord, which approval both Primary Sublandlord (in accordance with Section 15 of the Primary Sublease) and Sublandlord (Sublandlord’s consent shall not be unreasonably withheld or delayed. Notwithstanding withheld); provided, however, notwithstanding the foregoing, Tenant Subtenant need only seek and obtain Sublandlord’s consent if the Subtenant Improvements will involve modification of the structure or utilities systems or will cost more than $50,000.00 to complete, or require filing for a building permit with the NYC Building Department. Any approved Subtenant Improvements must be completed in accordance with plans and specifications previously approved by Sublandlord and Primary Sublandlord. Any costs reimbursable to Primary Sublandlord under the terms of the Primary Sublease in connection with approval of plans and specifications proposed by Subtenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterationspaid by Subtenant when due under the Primary Sublease, as used herein, shall be defined as Additional Rent hereunder.
b. If Sublandlord is required by the Primary Sublandlord to carry out any alterations, improvements, etc. made restorations or other work on the Subleased Premises pursuant to the Premises (excluding Sublandlord’s obligations to the facade thereof) which do Primary Sublandlord under the Primary Sublease, Subtenant shall permit same to be performed without being entitled to any reduction in rental or other compensation. Sublandlord shall complete all such work in a manner so as to not affect unreasonably interfere with the structure use and occupancy of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcSubleased Premises by Subtenant., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 2 contracts
Sources: Sublease (2U, Inc.), Sublease (2U, Inc.)
ALTERATIONS AND IMPROVEMENTS. Tenant A. Lessee shall make no changes, improvements, alterations, or additions to the leased premises unless such changes, improvements, alterations, or additions:
1) Are first approved in writing by Lessor. Lessor shall not unreasonably withhold approval.
2) Are not in violation of restrictions placed on Lessor by lenders or other third parties.
3) Will not materially alter the character of the leased premises.
4) Will not substantially lessen the value of the leased premises.
5) Are made in a workmanlike manner, utilizing good quality materials.
B. Lessee shall have the right to place and install personal property, trade fixtures, equipment and other temporary installations in and upon the leased premises, and fasten the same to the premises.
C. All personal property, equipment, machinery, trade fixtures and temporary installations, whether acquired by Lessee at the commencement of the Lease term or placed or installed on the leased premises by Lessee thereafter, shall remain Lessee's property free and clear of any claim by Lessor. Lessee shall have the right to remove the same at any time throughout during the term of this Hawaii Commercial Lease provided that all damage to the leased premises caused by such removal shall be repaired by Lessee at Lessee's expense.
D. All improvements made by Lessee to the leased premises which are so attached to the leased premises that they cannot be removed without material injury to the leased premises, shall become the property of the Lessor upon installation.
E. Not later than the last day of the Term, Lessee shall, at Lessee’s sole expense
1) Remove all of Lessee’s personal property and any extensions hereofthose improvements made by Lessee which have not become the property of Lessor, to make including trade fixtures, cabinetwork, movable paneling, partitions, and the like,
2) Repair all injury done by or cause to be made, any alterations, additions, in connection with the installation or removal of such property and improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, and
3) Surrender the leased premises in as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon good condition as they were at the expiration beginning of the Initial Term, reasonable wear and tear accepted.
F. All property remaining on the leased premises after the last day of the Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant Hawaii Commercial Lease shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consentconclusively deemed abandoned and may be removed by Lessor. Minor Alterations, as used herein, Lessee shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord Lessor for the cost of removing such alterations or additions and the restoration of the Premisesremoval.
Appears in 2 contracts
Sources: Commercial Lease Agreement, Commercial Lease Agreement
ALTERATIONS AND IMPROVEMENTS. a. Landlord shall make the improvements as specified in Fxhibit "A" and "B" at no additional charge. Tenant, upon agreement of the Landlord, may modify these improvements with the written approval of the County Environmental Protection Department Director and facilities Manager, provided said modifications do not alter the rent. The Tenant reserves the right to make alternations to the leased premises during the term of the lease with written approval of the Landlord. Approval shall not be unreasonably withheld. Tenant shall also have the right to make alteration to the premises, subject to approval of the landlord, prior to the date of useful occupancy. The landlord shall provide reasonable access for the County and its contractors to the premises.
b. At the termination of the lease term by lapse of time or otherwise, the Tenant shall have the right to remove all personal property and fixtures of the Tenant brought onto or into the premises by the 1 enant or at any time the expense of the Tenant.
c. Tenant is allowed to install conduit into the building and install optical ▇▇▇▇▇▇▇▇ LFASP - 40« W Umwrsuv Ave 6-24-2011 Page 2 of 17 fiber throughout the term building as ncccssary. Tenant will notify Landlord of this Lease its cable design and any extensions hereof, installation plan. The landlord may request reasonable modification to make or cause such plans and may provide a recommendation as to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as the location of the fiber. Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of remove this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, equipment upon termination of this Lease, either: (i) remove any such alterations or additions .
d. Tenant may utilize the existing conduit in the building for its communications and repair any damage data needs. Tenant may attach communications equipment to the Premises (roof of the Seaglc Building or the buildings Scaglc Building Annex subjcct to approval of the Landlord and in which accordance with all building codes and, regulations. Approval shall not be unreasonably withheld. Any fiber, wire or conduit or communications equipment installed by Tenant may be removed by Tenant upon termination of the lease. Landlord understands that the ability to connect this communications equipment is ncccssary for the proper use of the Premises are located) occasioned by their installation Tenant and Landlord shall make every reasonable effort to accommodate ▇▇▇▇▇▇'s needs and requests. Tenant may remove this equipment upon termination of this lease.
c. Tenant shall pay for any required permits for modifications or removal and restore alternation made by the Premises Tenant.
f. The Landlord is authorized to substantially modi ly the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration build out specified in Exhibit B with approval of the Premises.County Facility Manager and County linvironmental Protection Director provided said modifications do not increase the lease rate set forth in Section 4
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to will not make or cause allow to be made, made any alterations, additions, alterations or improvements, physical additions in or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval consent of Landlord, which approval consent shall not be unreasonably withheld or delayedas to nonstructural alterations. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor AlterationsLandlord may require, as used herein, shall be defined as any alterations, improvements, etc. made a condition to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove granting its consent to any such alterations or physical additions, that Tenant agree to remove such alterations or physical additions and repair any damage to at the Premises (or end of the buildings in which the Premises are located) occasioned by their installation or removal lease term and restore the Premises to substantially the condition in which the same condition as existed prior to the time when any before such alterations or physical additions were made. At the end or other termination of this lease, Tenant shall deliver up the Premises with all improvements located thereon (except as otherwise herein provided) in good repair and condition, reasonable wear and tear excepted, and shall deliver to Landlord all keys to the Premises. The cost and expense of any repairs necessary to restore the condition of the Premises to such condition in which they are to be delivered to Landlord shall be borne by Tenant. All permanent alterations, additions or improvements made in or upon the Premises, either by Landlord or Tenant, shall be Landlord's property on termination of this lease and shall remain on the Premises without compensation to Tenant. All temporary alterations, furniture, movable trade fixtures and equipment installed by Tenant may be removed by Tenant at the termination of this lease if Tenant so elects, and shall be so removed if required by Landlord, or (ii) reimburse Landlord for if not so removed shall at the cost option of removing Landlord, become the property of Landlord. All such alterations installations, removals and restoration shall be accomplished in good workmanlike manner so as not to damage the Premises or additions and the restoration primary structure or structural qualities of the PremisesBuilding or the plumbing, electrical lines or other utilities.
Appears in 2 contracts
Sources: Annual Report, Office Lease Agreement (Sonus Networks Inc)
ALTERATIONS AND IMPROVEMENTS. (a) With respect to the initial tenant improvements to be performed at the Premises, Landlord shall perform the improvements to the Premises set forth in the plans and specifications annexed hereto as Exhibit C ("Landlord's Work"). All costs and expenses incurred by Landlord in respect of the Landlord's Work in excess of Seventy Thousand One Hundred Ten and No/100 Dollars ($70,110.00) or Nine and No/100 Dollars ($9.00) per rentable square foot of Premises (the "Allowance") shall be borne by Tenant, and Tenant shall have reimburse Landlord for any such excess cost within fifteen (15) days after Landlord's demand therefor, provided that Tenant has approved any excess amount in advance. Tenant shall give Landlord written notice of any incomplete work, unsatisfactory conditions or defects in the right Demised Premises within thirty (30) days after the Commencement Date and Landlord shall, at its sole expense, complete said work and/or remedy such unsatisfactory conditions or defects as soon as possible. The existence of any time throughout incomplete work, unsatisfactory conditions or defects as aforesaid shall not affect the term Commencement Date or the obligation of this Lease Tenant to pay rent, Additional Rent and all other charges hereunder, provided that the Premises has been substantially completed as required herein and a certificate of occupancy has been issued by the local building authority.
(b) Tenant shall not make any extensions hereof, to make alterations or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s improvements without the prior written approvalconsent of Landlord, which approval consent shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this LeaseLandlord may elect to perform on Tenant's behalf any alterations or improvements requested by Tenant. If alterations or improvements requested by Tenant are made by Landlord, Tenant shall have pay Landlord within ten (10) days of demand the option to remove such alterationscost therefor, decorations, additions or improvements made as determined by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without plus 7% for Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment's overhead and profit. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify gives its consent to the making of alterations or improvements by Tenant, all such work shall be done in writingaccordance with such requirements and upon such conditions as Landlord, along in its reasonable discretion, may impose. Any review or approval by Landlord of any plans or specifications with respect to any alteration or improvement is solely for Landlord’s approval notice's benefit, of whether and without any representation or warranty whatsoever to Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage with respect to the Premises adequacy or correctness thereof or otherwise.
(c) Tenant shall defend, indemnify and save Landlord harmless from and against any and all mechanics', materialmen's and other liens and encumbrances filed by any person claiming through or the buildings under Tenant, including security interests in which the Premises are located) occasioned by their installation any materials, fixtures, equipment or removal any other improvements or appurtenances installed in and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration constituting part of the Premises, and against all costs, expenses and liabilities (including reasonable attorneys' fees) incurred by Landlord in connection with any such lien or emcumbrance or any action or proceeding brought thereon or in connection therewith. Tenant at its expense shall procure the satisfaction, discharge or bond of record of all such liens and encumbrances within sixty (30) days after the filing thereof.
Appears in 2 contracts
Sources: Sublease Agreement (Accord Networks LTD), Sublease Agreement (Accord Networks LTD)
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s 's prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s 's prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildingsBuilding, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s 's approval notice, of whether Tenant shall, upon termination of this Lease, either: :
(i) remove any such alterations or additions and repair any damage to the Premises (Buildings or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 2 contracts
Sources: Lease Agreement (Fidelity National Title Group, Inc.), Lease Agreement (Fidelity National Title Group, Inc.)
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make cut, drill into, disfigure, deface or injure any part of the Premises or Building, nor obstruct or permit any obstruction, alternation, addition, improvement, decoration or installation in the Premises or Building. All alterations, additions, improvements, non-cosmetic changes decorations or other material changes installations, including but not limited to partitions, railing, air conditioning ducts or equipment (except movable furniture and fixtures put in at the expense of Tenant and removable without defacing or injuring the Building or the Premises) shall become the property of Landlord at the termination of this Lease. Landlord, however, reserves the option to require Tenant, upon demand in writing, to remove all fixtures and additions improvements, decoration or installations (including those not removable without defacing or injuring the Premises) and to restore the Premises and the Building to the same condition as when originally leased to Tenant, reasonable wear and tear excepted; provided, however, Landlord shall not have the right to require Tenant to remove any fixtures, additions, improvements, decorations, and/or installations which are initially installed by and for Tenant in order to prepare the Premises for occupancy by Tenant in a manner which has been approved by Landlord. Tenant agrees to restore the Premises immediately upon the receipt of the said demand in writing at its own cost and expense and agrees in case of his failure to do so, that Landlord may do so and collect the cost thereof from Tenant upon demand. Tenant will, at Tenant's own expense, keep the Leased Premises in good repair and tenantable condition during the lease term and will replace at its own expense any and all broken glass caused by Tenant in and about the Premises. Tenant will make no alterations, additions or improvements in or to the Premises without the prior written approval consent of Landlord, which approval shall not be unreasonably reasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (insofar as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcnon-structural alterations are concerned., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 2 contracts
Sources: Lease Agreement (Medical Makeover Corp of America), Lease Agreement (Medical Makeover Corp of America)
ALTERATIONS AND IMPROVEMENTS. Tenant a. Sublandlord shall have the right at any time throughout the term of this Lease and any extensions hereof, no obligation to make any alterations or cause improvements to be made, the Subleased Premises for Subtenant's use or occupancy thereof. Notwithstanding any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration provisions of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages Primary Sublease to the Premises resulting from such removal. During the termcontrary, Tenant Subtenant shall not make any alterations, additionsadditions or improvements (collectively, improvements, non-cosmetic changes or other material changes to “Subtenant Improvements”) in the Subleased Premises without in each instance obtaining the prior written approval consent of Landlordboth Primary Sublandlord and Sublandlord, which approval shall not consent such parties may grant, withhold or condition in their respective sole and absolute discretion. Any approved Subtenant Improvements must be unreasonably withheld or delayed. Notwithstanding completed in accordance with plans and specifications previously approved by Sublandlord and Primary Sublandlord.
b. If Subtenant performs Subtenant Improvements without obtaining the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterationsconsent of both Primary Sublandlord and Sublandlord, as used hereinSublandlord (or Primary Sublandlord) may remove the Subtenant Improvements, shall be defined as any alterations, improvements, etc. made to restore the Subleased Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage arising from such removal or restoration, and Subtenant shall be liable for all costs and expenses incurred in the performance of such removal, repairs or restoration. If Sublandlord and Primary Sublandlord consent to any Subtenant Improvements, Subtenant shall perform and complete Subtenant Improvements at its expense, in compliance with applicable laws and the Premises (or Primary Sublease, and, upon installation, the buildings in which Subtenant Improvements shall be the Premises are located) occasioned by their installation or removal and restore property of the Premises to substantially Sublandlord.
c. At Sublandlord's option, Subtenant shall remove the same condition as existed Subtenant Improvements prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration end of the PremisesSublease Term and shall restore the Subleased Premises to their condition as of the Sublease Commencement Date. If Sublandlord requires such removal and restoration and Subtenant fails to comply with such requirement, Sublandlord may, but shall not be obligated to, undertake such removal and restoration and Subtenant shall be liable to Sublandlord for all costs and expenses incurred by the Sublandlord in connection therewith.
d. If the Sublandlord is required by the Prime Landlord to carry out any restorations or other work on the Subleased Premises pursuant to the Sublandlord’s obligations to the Primary Sublandlord under the Primary Sublease, the Subtenant shall permit same to be performed without being entitled to any reduction in rental or other compensation. Sublandlord shall complete all such work in a manner so as to not unreasonably interfere with the use and occupancy of the Subleased Premises by Subtenant.
Appears in 2 contracts
Sources: Sublease (Cord Blood America, Inc.), Sublease (Cord Blood America, Inc.)
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages no alterations to the Leased Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises Grounds without the prior written approval consent of Landlord. Any alterations, which approval changes, or improvements built, constructed, planted, or placed anywhere in or on the Leased Premises or Grounds by Tenant, with the exception of fixtures removable without damage to the Leased Premises and movable personal property, shall, unless otherwise provided by a written agreement between the parties, be the property of Landlord and remain on the Leased Premises after expiration or termination of this Lease. Landlord reserves the right to alter, move, remove, or cut any improvement Tenant makes to or on the Leased Premises or Grounds including, without limitation, trimming, cutting, pruning, and removing flowers, shrubs and trees. Tenant shall not be unreasonably withheld install additional locks or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) gates on any door or window without Landlord’s prior written consent. Minor AlterationsIf Landlord permits Tenant to install new or different locks, Tenant shall provide Landlord with a key for each lock. Upon expiration or termination of this Lease, Tenant shall provide Landlord with all keys. Landlord may charge Tenant for unreturned keys, as used hereinprovided for in paragraph 7 of this Lease. Landlord shall provide reasonable accommodations to Tenant’s disabilities (if any), shall be defined as any alterationsincluding making changes to rules, improvementspolicies, etc. made or procedures, and making and paying for structural alterations to the Leased Premises or Grounds; provided, however, that Landlord shall not provide accommodations that constitute a fundamental alteration to Landlord’s program or which would pose a substantial financial and administrative hardship to Landlord. Landlord may, however, permit Tenant to make alterations to the Leased Premises to accommodate Tenant’s disabilities (excluding other than alterations required of Landlord). If alterations are approved, Landlord may require that Tenant restore the facade thereof) which do not affect the structure interior or exterior of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, Leased Premises to its pre-Lease condition upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 2 contracts
Sources: Lease Agreement, Lease Agreement
ALTERATIONS AND IMPROVEMENTS. (a) Tenant shall have not make or perform, or permit the right making or performance of, any initial or subsequent tenant finish work or any alterations, installations, decorations, improvements, additions or other physical changes in or about the Leased Premises (referred to collectively as "Alterations") without Landlord's prior consent. Landlord agrees not to withhold its consent unreasonably to any nonstructural Alterations proposed to be made by Tenant to adapt the Leased Premises for Tenant's business purposes. Notwithstanding the foregoing provisions or Landlord's consent to any Alterations, all Alterations shall be made and performed in conformity with and subject to the following provisions: All Alterations shall be made and performed at Tenant's sole cost and expense and at such time and in such manner as Landlord may from time to time reasonably designate. Alterations shall be made only by contractors or mechanics approved by Landlord, such approval not to be unreasonably withheld. No Alteration shall affect any part of the Building other than the Leased Premises or adversely affect any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Building or reduce the value or utility of the Building. No alteration shall affect the outside appearance of the Building. Tenant shall submit to Landlord detailed plans and specifications (including layout, architectural, mechanical and structural drawings) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's written approval of such plans and specifications. Prior to the commencement of each proposed Alteration. Tenant shall furnish to Landlord duplicate original policies of worker's compensation insurance covering all persons to be employed in connection with such Alterations, including those to be employed by all contractors and subcontractors, and of comprehensive public liability insurance (including property damage coverage) in which Landlord, its agents, and any lessor under any ground or underlying lease, and any mortgagee of the Building shall be named as parties insured, which policies shall be issued by companies, and shall be in form and amounts, satisfactory to Landlord and shall be maintained by Tenant until the completion of such Alteration. If Landlord shall require to assure payment of all costs of such alterations, prior to commencement of any approved Alteration. Tenant shall cause to be issued and delivered to Landlord an irrevocable documentary letter of credit or payment bond in the full amount of the cost of the said approved Alterations issued by a substantial banking institution reasonably acceptable to Landlord payable in whole or in part, from time to time to the order of Landlord upon written demand accompanied by Landlord's certification that Tenant has defaulted with respect to the obligation secured thereby. The term of the letter of credit shall be from date of issuance through ninety (90) days after completion of construction of the approved Alterations. Tenant shall cause its contractor to provide Landlord with a certificate of completion of the Alterations and a bills paid affidavit and full lien waiver: and upon receipt of same, and no fewer than thirty-one (31) days following completion, if Tenant is not in default hereunder, Landlord shall return the letter of credit to Tenant unused and endorsed for cancellation. Tenant shall, if requested by Landlord at the time of Landlord's consent to the Alterations, agree to restore the Leased Premises at the termination of this Lease to their condition prior to making such Alterations. All permits, approvals and certificates required by all governmental authorities shall be timely obtained by Tenant and submitted to Landlord. Notwithstanding Landlord's approval of plans and specifications for any Alterations, all Alterations shall be made and performed in full compliance with all applicable laws, orders and regulations of Federal, State, County, and Municipal authorities and with all directions, pursuant to law, of all public officers, and with all applicable rules, orders, regulations and requirements of the Dallas Board of Fire Underwriters or any similar body. All alterations shall be made and performed in accordance with the Building rules. All materials and equipment to be incorporated in the Leased Premises as a result of all Alterations shall be new and first quality. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. If such Alterations are being performed by Tenant in connection with Tenant's initial occupancy of the Leased Premises, Tenant agrees to make proper application for, and obtain, a certificate of occupancy from the city in which the Leased Premises are located. Tenant shall furnish such certificate to Landlord promptly after issuance of same.
(b) Tenant shall not at any time throughout prior to or during the term of this Lease and Lease, directly or indirectly employ or permit the employment of, any extensions hereofcontractor, to make mechanic, or laborer in the Leased Premises, whether in connection with any Alteration or otherwise, if such employment will interfere or cause any conflict with other contractors, mechanics, or laborers engaged in the construction, maintenance or operation of the Building by Landlord, Tenant, or other, in the event of any such interference or conflict, Tenant, upon demand of Landlord, shall cause all contractors, mechanics, or laborers causing such interference or conflict to leave the Building immediately.
(c) All appurtenances, fixtures, improvements, and other property attached to or installed in the Leased Premises, whether by Landlord or Tenant or others, and whether at Landlord's expense or Tenant's expense, or the joint expense of Landlord and Tenant, shall be madeand remain the property of Landlord, except that any alterationssuch fixtures, improvements, additions, or improvements, or install or cause to be and other property which have been installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as at the sole expense of Tenant may deem necessary or suitable with Landlord’s prior written approval, and which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any are removable without material damage to the Leased Premises resulting from such removal is repairedshall be and remain the property of Tenant. Also, upon the expiration of the Initial Term of this Lease, At Landlord's option. Tenant if requested by Landlord shall remove any signs property belonging to Tenant at the end of the term hereof, and Tenant shall repair or, at Landlord's option, shall pay to Landlord the cost of repairing any damages to the Premises resulting damage arising from such removal. During the term, Tenant shall not make Any replacements of any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval property of Landlord, which approval shall not be unreasonably withheld whether made at Tenant's expense or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used hereinotherwise, shall be defined as any alterations, improvements, etc. made to and remain the Premises (excluding the facade thereof) which do not affect the structure property of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcLandlord., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 2 contracts
Sources: Commercial Lease Agreement (Avanex Corp), Commercial Lease Agreement (Avanex Corp)
ALTERATIONS AND IMPROVEMENTS. Tenant shall not have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, improvements in or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval consent of Landlord, which approval consent shall not be unreasonably withheld with regard to non-structural work only. Should Tenant desire to perform alterations or delayedimprovements upon the Premises, it shall, prior to commencing the work, transmit a reasonably detailed description of the work to Landlord, including drawings and/or plans. Within ten (10) business days of receipt of the same, Landlord shall notify Tenant as to its approval or disapproval of the proposed alteration, addition or improvement. If Landlord rejects such proposed alteration, addition or improvement and Tenant submits revised plans, then Landlord shall have five (5) business days after receipt to reject or approve the alteration, addition or improvement described in such revised plans. All work on such improvements shall be performed at Landlord’s election by either (i) Landlord’s employees or its designated agents or contractors or (ii) contractors selected by Tenant and reasonably approved by Landlord. If Tenant’s contractor is used for such work, Tenant shall provide Landlord with (x) evidence of contractor’s and subcontractors’ insurance in amounts reasonably required by Landlord, naming Landlord as an additional insured party and (y) any security for the performance of the work in amounts reasonably required by Landlord. All such work that Tenant is entitled to make hereunder, shall be done in a good and workmanlike manner and shall not impair the structural integrity of the Building. Any mechanic’s lien filed against the Premises or the Building for work claimed to have been done for, or materials claimed to have been furnished to, Tenant shall be discharged by Tenant within thirty (30) days after Tenant receives notice thereof, at Tenant’s expense, by payment or filing the bond required by law. Tenant shall obtain all required building permits prior to commencing any construction in the Premises and arrange for all required municipal or governmental inspections upon completion of any construction. Upon the termination of this Lease, any or all such alterations, additions or improvements shall, at the option of Landlord, (1) become the property of Landlord or (2) be removed by Tenant; provided that, at the time of Tenant’s request for Landlord’s consent to make such alterations, additions or improvements, Tenant may request Landlord to specify at such time whether such alterations, additions or improvements, if consented to by Landlord, would become the property of Landlord or be required to be removed by Tenant upon the termination of this Lease and Landlord shall comply with such request and abide by its decision accordingly. Notwithstanding the foregoing, Tenant all of Tenant’s trade fixtures and equipment shall remain its property and shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to removed at the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations . Tenant shall repair all damage or additions and repair any damage defacement to the Premises (or Premises, the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions Building and the restoration fixtures, appurtenances and equipment of Landlord, caused by Tenant’s removal of its furniture, fixtures, equipment, machinery and the Premiseslike and the removal of any improvements or alterations.
Appears in 2 contracts
Sources: Master Agreement (Westwood One Inc /De/), Lease (Westwood One Inc /De/)
ALTERATIONS AND IMPROVEMENTS. During the Lease Term, Tenant may undertake Nonstructural Alterations to the Property without the Landlord’s written consent, unless the costs of such Nonstructural Alterations exceeds $400,000 on a per project basis (excluding equipment, personal property, furniture, trade fixtures and other moveable property not attached to the Property), in which case the consent of Landlord shall be required and such consent shall not be unreasonably withheld, conditioned or delayed; provided, however, Tenant shall notify Landlord in advance of undertaking any Nonstructural Alterations in excess of $50,000. During the Lease Term, Tenant may undertake Structural Alterations to the Property without the Landlord’s written consent, unless the costs of such Structural Alterations exceeds $50,000 on a per project basis (excluding equipment, personal property, furniture, trade fixtures and other moveable property not attached to the Property) in which case the consent of Landlord shall be required and such consent shall not be unreasonably withheld, conditioned or delayed. Any Alterations hereunder shall be made at Tenant’s sole expense. If Landlord’s consent is required under this Lease and Landlord consents to the making of any such Alterations, the same shall be made by Tenant at Tenant’s sole expense by a licensed contractor and according to plans and specifications approved by Landlord and subject to such other conditions as Landlord shall reasonably require Any work at any time commenced by Tenant on the Property shall be prosecuted diligently to completion, shall be of good workmanship and materials and shall comply fully with all the terms of this Lease and all Legal Requirements. Upon completion of any Alteration project costing $50,000 or more, Tenant shall promptly provide Landlord with evidence of full payment to all laborers and materialmen contributing to the Alterations. Additionally, upon completion of any Nonstructural Alteration project costing $400,000 or more or any Structural Alteration project costing $50,000 or more, Tenant shall promptly provide Landlord with (a) copies of the as-built plans and specifications therefor, (b) an architect’s certificate certifying the Alterations to have been completed in conformity with the plans and specifications (if the Alterations are of such a nature as would require the issuance of such a certificate from the architect); and (c) a certificate of occupancy (if the Alterations are of such a nature as would require the issuance of a certificate of occupancy). Provided that Tenant shall have the right at to contest any time throughout the term claim of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, lien (so long as Tenant furnishes such bonds and security as may deem be necessary or suitable with to prevent any foreclosure proceeding against the Property and to permit Landlord’s prior written approvalor its mortgagee’s title insurance companies to insure over such lien(s), which approval shall not be unreasonably withheld or delayed. Upon during the expiration pendency of the Initial Term of this Leasecontest), Tenant shall have keep the option Property free from any liens arising out of any work performed on, or materials furnished to, the Property. Tenant shall execute and file or record, as appropriate, a “Notice of Non-Responsibility,” or any equivalent notice permitted under applicable Law in the state of Minnesota, which provides that Landlord is not responsible for the payment of any costs or expenses relating to remove such alterations, decorations, the additions or improvements made by it, provided any damage Alterations. Any addition to Premises resulting from such removal is repaired. Also, upon the expiration or Alteration of the Initial Term Property (excluding equipment, personal property, furniture, trade fixtures and other moveable property of this LeaseTenant that is not attached to the Property) shall be deemed a part of the Property and belong to Landlord, and Tenant if requested shall execute and deliver to Landlord such instruments as Landlord may reasonably require to evidence the ownership by Landlord shall remove any signs and repair any damages to the Premises resulting from of such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes addition or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcAlteration., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 2 contracts
Sources: Lease Agreement (Nortech Systems Inc), Lease Agreement (Nortech Systems Inc)
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right not at any time throughout during the term Term of this Lease Lease, or any extension thereof, make any alteration, addition or improvement to the Premises or any improvements located thereon without, in each instance obtaining the prior written consent of Landlord, which consent (i) shall not be unreasonably withheld, conditioned or delayed, and (ii) shall specify whether Landlord will require Tenant to remove the alterations, additions or improvements at the end of the Term (and if removal is so specified, Tenant shall remove such alterations, additions or improvements). Tenant shall not need Landlord's consent to interior, non-structural alterations, additions, and improvements made by Tenant, provided the costs of such alterations, additions or improvements shall not exceed Twenty Thousand 00/100 ($20,000.00) per calendar year or in the aggregate One Hundred Fifty Thousand and 00/100 ($150,000.00) over the Term hereof. No alteration, addition or improvement to the Premises for which Landlord's consent is required hereunder shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate of certificates from, an insurance company evidencing workmen's compensation coverage and insurance coverage protecting Landlord against public liability and property damage to any extensions hereofperson or property, to make or cause to be madeon the Premises, any arising out of and during the making of such alterations, additions, or improvements. Any alteration, addition or improvement made by Tenant hereunder shall be done in a good and workmanlike manner in compliance with all applicable governmental laws, statutes, ordinances, rules and regulations. The parties further agree that Tenant may also make interior non-structural alterations, additions, or install or cause improvements to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, the Premises so long as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect detract from the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration marketability of the Premises. In addition to any signage specified in the plans and specifications for the renovation of the Building as finally agreed upon by Landlord and Tenant, the Tenant may erect or display any signage without Landlord's Consent, provided that all signage shall comply with all applicable governmental laws, ordinances or regulations.
Appears in 1 contract
Sources: Building Lease (Sonic Foundry Inc)
ALTERATIONS AND IMPROVEMENTS. At the end or other termination of this lease, Tenant shall have deliver up the right at any time throughout the term of this Lease premises with all improvements located thereon (except as described on Exhibit "H", attached hereto and any extensions made a part hereof, and as otherwise herein provided) in good repair and condition, reasonable wear and tear and casualty damages excepted, and shall deliver to Landlord all keys to the premises. The cost and expense of any repairs necessary to restore the condition of the leased premises to said condition in which they are to be delivered to Landlord shall be borne by Tenant. Tenant will not make or cause allow to be made, made any alterations, additions, alterations or improvements, physical additions in or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s the premises without the prior written approvalconsent of Landlord, which approval consent shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Leaseprovided, however, Tenant shall have may make minor non structural, non-building system repairs at any time without the option consent of Landlord (but with notice to remove such Landlord and copy of plans or description of changes), as to non-structural alterations, decorations. All alterations, additions or improvements (whether temporary or permanent in character) made by it, provided any damage to Premises resulting from such removal is repaired. Also, in or upon the expiration of the Initial Term premises, either by landlord or Tenant, shall be Landlord's property on termination of this Leaselease and shall remain on the premises without compensation to Tenant. All furniture, movable trade fixtures and equipment installed by Tenant may be removed by Tenant at the termination of this lease if requested Tenant so elects, and shall be so removed if required by Landlord shall remove any signs and repair any damages to Landlord, or if not so removed shall, at the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval option of Landlord, which approval shall not be unreasonably withheld or delayedbecome the property of Landlord. Notwithstanding the foregoingAll such installations, Tenant removals and restoration shall be permitted accomplished in a good workmanlike manner so as not to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to damage the Premises (excluding premises or the facade thereof) which do not affect the primary structure or structural qualities of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (Building or the buildings in which the Premises are located) occasioned by their installation plumbing, electrical lines or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premisesother utilities.
Appears in 1 contract
Sources: Office/Showroom/Warehouse Lease Agreement (Pharmchem Laboratories Inc)
ALTERATIONS AND IMPROVEMENTS. A. Tenant, at Tenant's sole expense, may desire to remodel, redecorate, and make additions, improvements and replacements of and to all or any part of the Leased Premises from time to time as Tenant may deem desirable. Tenant may construct such improvements and make installations in the Leased Premises in accordance with plans and specifications as may be prepared by Tenant and approved by Landlord (“Premise Improvements”). Tenant shall endeavor to minimize any disruptions to any existing occupants of Landlord’s property during construction.
B. Tenant warrants to Landlord that all materials and equipment furnished by Tenant in connection with Premise Improvements shall be new unless otherwise specified in the approved plans and specifications, and that all of Tenant’s work to be performed shall be made in a good and workmanlike manner, free from faults and defects and in accordance with applicable federal, state and local laws Tenant shall place and install personal property, trade fixtures, equipment and other temporary installations in and upon the Leased Premises, and fasten the same to the Leased premises.
C. All Premise Improvements, exclusive of personal property, equipment, machinery, trade fixtures and temporary installations, placed within the Leased Premises by Tenant, shall be the property of the Landlord upon termination of this Lease. Tenant shall have the right to remove the same at any time throughout during the term of this Lease provided that (1) Tenant is not then in default under this Lease and any extensions hereof(2) all damage to the Leased Premises caused by such removal shall be repaired by Tenant in a good and workmanlike manner, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. at ▇▇▇▇▇▇'s sole expense.
D. Upon the expiration of the Initial Term termination of this Lease, Tenant shall have return the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Leased Premises to substantially the same condition as existed prior when delivered to the time when any such Tenant, reasonable wear and tear, and alterations or additions were made, or (ii) reimburse approved by Landlord for the cost of removing such alterations or additions and the restoration of the Premisesexcepted.
Appears in 1 contract
Sources: Lease Agreement
ALTERATIONS AND IMPROVEMENTS. Tenant Lessee shall have be entitled to undertake alterations, additions and improvements to structures and equipment located on the right at any time throughout Leased Premises during the term of this Lease Lease, subject to applicable terms and provisions contained in this Lease, and specifically approved by Lessor. Except as may otherwise be provided for herein, all structures or improvements of any extensions hereofkind constructed or placed by Lessee on the Leased Premises, to make or cause to be made, any and all alterations, additions, or improvements, changes or install or cause to additions made thereto, shall be installed any trade fixturethe property of Lessee, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval and shall not be unreasonably withheld or delayed. Upon removed by Lessee on the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon early termination of this Lease, either: (i) remove at ▇▇▇▇▇▇'s sole expense. The building structure shall remain on the property at the end of the lease, at ▇▇▇▇▇▇'s sole discretion. Lessee shall keep the Leased Premises and all buildings and improvements located thereon free and clear of any and all construction, mechanics', materialmen's and other liens for or arising out of or in connection with work or labor done, services performed or materials used or furnished for or in connection with any work or construction by, for, or permitted by Lessee on the Leased Premises. Lessee shall at all times promptly and fully pay or discharge any and all such claims on which any such alterations liens may be based, and ▇▇▇▇▇▇ shall also indemnify Lessor and the Leased Premises against all such liens and suits or additions other proceedings relating thereto. Lessee shall have the right to contest in good faith the correctness or validity of any of the aforementioned liens, so long as ▇▇▇▇▇▇'s interest in the Leased Premises and repair any damage this Lease is not jeopardized. Lessor may require Lessee to furnish a surety bond by a corporation authorized to issue such bonds in the Premises (or the buildings state in which the Leased Premises are located, in an amount equal to one and one-half (1½ ) occasioned by their installation times the amount of the claim or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were madelien, or (ii) reimburse Landlord which bond shall provide for the cost payment of removing such alterations any sum or additions and sums that the restoration claimant or claimants may recover on the claim (together with costs of suit, if it recovers in the Premisesaction).
Appears in 1 contract
Sources: Land Lease Agreement
ALTERATIONS AND IMPROVEMENTS. No alteration, addition, or improvement to the leased premises shall be made by the Tenant without the prior written consent of the Landlord, such consent not to be unreasonably denied, and provided further that no such consent shall be required for cosmetic changes such as paint or carpeting, and to the extent that in the aggregate they cost less than $10,000, fixtures and built-in office items. Any alteration, addition, or improvement made by the Tenant (other than moveable trade fixtures) after such consent shall have been given, and any fixtures installed as part thereof, shall at the Landlord's option become the property of the Landlord upon the termination of this Lease; provided, however, that so long as at the time of initially granting consent (or upon review or inspection of any alterations, additions or improvements that did not require consent), the Landlord provided written notice that the Landlord will require removal of such alteration, addition or improvement, the Landlord shall have the right to require the Tenant to remove such fixtures at the Tenant's cost upon such termination of this Lease. All alterations of or additions to the leased property, except movable trade fixtures and equipment, shall take place under the supervision of the Landlord. Tenant shall keep the leased premises and the improvements thereon free and clear of all liens arising out of or claimed by reason of any work performed, materials furnished, or obligations incurred by or at the request of Tenant, and indemnify and save the Landlord and the leased property and the building harmless of all such liens or claims of lien by parties claiming by or through Tenant and all attorney's fees and other costs and expenses incurred by reason thereof. Landlord shall have the right at any time throughout the term of this Lease and any extensions hereofreasonable times following reasonable notice to alter, to make or cause to be made, any alterations, additionsrepair, or improvementsimprove the leased premises and the building, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, and the Landlord and its representatives for that purpose may enter on and about the leased premises and the building with such materials as Tenant the Landlord may deem necessary, and may erect scaffolding and all other necessary structures on or suitable with Landlord’s prior written approvalabout the leased premises and the building. In the exercise of its rights under this paragraph, which approval the Landlord shall not be unreasonably withheld or delayedinterfere with the conduct of ▇▇▇▇▇▇'s business. Upon The Tenant waives any claim for loss of business from the expiration actions of Landlord that are permitted pursuant to this paragraph 7, so long as they are in compliance with the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcforegoing provisions., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 1 contract
Sources: Commercial Lease Agreement
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof(a) The Lessee may, to it its own expense, make or cause to be made, any such alterations, additions, or improvements, or install or cause and changes to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, the Demised Premises as Tenant it may deem necessary or suitable with Landlord’s prior expedient for its business operations within the Demised Premises, provided that the Lessee shall not make any material change or alteration in or around the Demised premises which, when completed, would substantially diminish the value of Demised Premises without the written consent of the Lessors. The foregoing notwithstanding, if the estimated cost of any proposed alteration, improvement, addition or change to the Demised Premises shall exceed the sum of ONE HUNDRED THOUSAND DOLLARS ($100,000.00), the Lessee shall first obtain the Lessors' approval, which but such approval shall not be unreasonably withheld by the Lessors.
(b) During the course of any construction, alteration or delayed. Upon addition to the expiration Demised premises, the Lessee shall deliver to the Lessors, at the Lessee's expense, comprehensive general liability insurance of the Initial Term character and in the limits reasonably required by the Lessors, but in an amount not less that THREE MILLION DOLLARS ($3,000,000).
(c) Any alteration, addition and improvement placed upon the Demised Premises by the Lessee, as well as fixtures and articles of personal property attached to or used in connection with such alterations, additions or improvements, shall immediately become the property of the Lessors and at the end or other termination of this lease, and shall be surrendered to the Lessors; provided, however, that Lessors shall pay Lessee for the unamortized book value of those leasehold improvements fixed to the the Demised Premises as of the date of termination of this lease; and, provided, further, that the movable furniture, movable personal property, and movable trade fixtures put in at the expense of the Lessee which, pursuant to the provisions of this Lease, Tenant shall have may be removed by the option to remove such alterations, decorations, additions Lessee at or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon before the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon sooner termination of this Lease, either: (i) remove any such alterations or additions and repair any damage shall not be deemed to be the Premises (or property of, nor surrendered to, the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the PremisesLessors.
Appears in 1 contract
Sources: Lease Agreement (Margo Caribe Inc)
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant absolutely shall not make any alterations, additionsadditions or improvements to or in the Building outside the Premises. Furthermore, improvementsTenant shall make no alterations, non-cosmetic changes additions or other material changes improvements to or in the Premises without the prior written approval of Landlord, which unless in each instance and for each such alteration, addition or improvement Landlord or a contractor approved by Landlord is hired to do such alterations, additions or improvements. Such approval shall not be unreasonably withheld or delayed. Notwithstanding in the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any case of alterations, improvements, etc. made additions or improvements to the Premises (excluding the facade thereof) which do not affect the structure interior of the buildings, their systems or equipment. If Landlord approves any Premises if such alterations, additions, or improvements are normal for the use described in Item 1 (d) of this Lease, do not adversely affect utility of the Premises for future tenants, do not alter the exterior of the Building, and are accompanied by insurance satisfactory to Landlord and by prepayment or bond provisions or waivers by the contractor in form satisfactory to Landlord sufficient to protect the Building from claims of lien of any sort; otherwise, such approval may be withheld for any reason whatsoever. Furthermore, such alterations, additions or improvements absolutely shall not affect the mechanical, plumbing, electrical and HVAC systems in the Premises or the Building and shall not be of a structural nature. Tenant shall conduct its work in such a manner as to maintain harmonious labor relations and as not to interfere with the operation of the Building and shall, prior to the commencement of the work, submit to Landlord copies of all necessary permits. Landlord reserves the right to have final approval of the contractors hired by Tenant. All such contractors hired by Tenant shall be, at levels and coverages prescribed by Landlord, bonded and insured, and Landlord may require evidence of same, which Tenant agrees to secure and provide Landlord prior to the commencement of any work by such contractors. All alterations, additions or improvements, etc.whether temporary or permanent in character, made in or upon the Premises, either by Landlord or Tenant, shall be Landlord's property and at the end of the term hereof shall remain in or upon the Premises without compensation to Tenant. If, however, Landlord shall notify Tenant, request in writing, along with Landlord’s approval noticeTenant will, of whether Tenant shall, upon prior to the expiration or earlier termination of this Lease, either: (i) remove any such alterations or and all alterations, additions and improvements placed or installed by Tenant in the Premises, and will repair any damage caused by such removal. All of Tenant's furniture, movable trade fixtures and equipment not attached to the Premises (Building may be removed by Tenant at the expiration of this Lease, if Tenant so elects, and shall be so removed, if required by Landlord, and, if not so removed, shall, at the option of Landlord, become the property of Landlord. To the extent Tenant makes any alterations, additions or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior improvements and/or to the time when any extent Landlord on behalf of Tenant under an "Extra Work Agreement" makes such alterations alterations, additions or additions were madeimprovements, and as a result thereof it can be determined that thereupon was caused an increase in real estate taxes or (ii) reimburse insurance premiums, then Tenant shall be responsible for reimbursing Landlord for the cost of removing such alterations or additions and the restoration of the Premisesincreases as Landlord may pay.
Appears in 1 contract
Sources: Lease Agreement (Cimetrix Inc)
ALTERATIONS AND IMPROVEMENTS. Tenant shall have not alter or improve the right at any time throughout Premises without the term prior written consent of this Lease and any extensions hereofLandlord, provided, however, that Tenant shall be permitted to reasonably decorate the interior of the Premises, to make include, without limitation, installing or cause attaching to the Premises artwork and other ordinary wall decor, such as, again, without limitation, pictures, maps, white boards, bulletin boards, interior signage, educational diplomas and the like. Before making any alterations or improvements, Tenant will submit to Landlord plans and specifications setting forth in detail any proposed alterations, improvements, and work to be madeperformed. Landlord's approval of Tenant's plans shall not, unless expressly set forth therein, be deemed to create any obligation on the part of the Landlord to do any work, to pay for the cost of any work or materials, or to authorize Tenant to make any other alterations in or about the Premises. In the event consent is given by Landlord, and unless otherwise specified by Landlord in writing, any and all alterations, additions, or improvements, and fixtures made or install placed in or cause to on the Premises shall be installed any trade fixturemade at Tenant's sole expense, signs, floor covering, interior and upon the natural expiration or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term sooner termination of this Lease, Tenant shall belong to Landlord without compensation to Tenant. In the alternative, Landlord shall have the option to require Tenant, at Tenant's expense, to promptly remove any or all of such alterations, decorationsadditions, additions or improvements made by itimprovements, provided any damage and fixtures and to restore the Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from same condition as existed before such removalalterations, additions, improvements, and fixtures were installed or made, excepting reasonable wear and tear, condemnation and uninsured damage or destruction as a result of one or more circumstances or events not within Tenant's control. During the termIn all cases, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes and fixtures shall be installed or other material changes made subject to the following conditions:
(a) The outside appearance and structural integrity of the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld adversely affected.
(b) The proper functioning of any of the mechanical, electrical, sanitary or delayed. Notwithstanding other systems of the foregoing, Tenant building shall not be permitted to make Minor Alterations adversely affected.
(as defined belowc) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as Before making any alterations, alterations or improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writingat Tenant's expense, along will procure any and all necessary governmental permits.
(d) Tenant will provide Landlord with Landlord’s approval notice, certificates of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which insurance verifying that all laborers performing work at the Premises are locatedcovered by workmen's compensation insurance and general liability insurance.
(e) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such All alterations or additions were madeimprovements shall be made in compliance with applicable laws and requirements of public authorities, and Tenant will discharge, at Tenant's expense, any violations related thereto.
(f) Tenant shall indemnify and hold Landlord harmless from and against any and all liability, damages, expenses, fees, penalties, actions, causes of action, suits, costs, claims or (ii) reimburse Landlord for the cost judgments arising, either directly or indirectly, as a result of removing such injury to persons or property occasioned or resulting from Tenant's alterations or additions and the restoration of the Premisesimprovements.
Appears in 1 contract
Sources: Commercial Lease (Carbiz Inc)
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant absolutely shall not make any alterations, additionsadditions or improvements to or in the Building outside the Premises. Furthermore, improvementsTenant shall make no alterations, non-cosmetic changes additions or other material changes improvements to or in the Premises without the prior written approval of Landlord, which unless in each instance and for each such alteration, addition or improvement Landlord or a contractor approved by Landlord is hired to do such alterations, additions or improvements. Such approval shall not be unreasonably withheld or delayed. Notwithstanding in the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any case of alterations, improvements, etc. made additions or improvements to the Premises (excluding the facade thereof) which do not affect the structure interior of the buildings, their systems or equipment. If Landlord approves any Premises if such alterations, additions, improvementsor improvements are normal for the use described in Item 1 (d) of this Lease, do not violate any applicable laws, codes, ordinances, etc., do not adversely affect utility of the Premises for future tenants, do not alter the exterior of the Building, do not affect portions of the Building outside the Premises, and are accompanied by insurance satisfactory to Landlord and by prepayment or bond provisions or waivers by the contractor in form satisfactory to Landlord sufficient to protect the Building from claims of lien of any sort; otherwise, such approval may be withheld for any reason whatsoever. Furthermore, such alterations, additions or improvements absolutely shall not affect the mechanical, plumbing, electrical and HVAC systems in the Premises or the Building and shall not be of a structural nature. Tenant shall conduct its work in such a manner as to maintain harmonious labor relations and as not to interfere with the operation of the Building and shall, prior to the commencement of the work, submit to Landlord copies of all necessary permits. Landlord reserves the right to have final approval of the contractors hired by Tenant. All such contractors hired by Tenant shall be, at levels and coverages prescribed by Landlord, bonded and insured, and Landlord may require evidence of same, which Tenant agrees to secure and provide Landlord prior to the commencement of any work by such contractors. All alterations, additions or improvements, whether temporary or permanent in character, made in or upon the Premises, either by Landlord or Tenant, shall be Landlord's property and at the end of the term hereof shall remain in or upon the Premises without compensation to Tenant. If, however, Landlord shall notify Tenant, request in writing, along with Landlord’s approval noticeTenant will, of whether Tenant shall, upon prior to the expiration or earlier termination of this Lease, either: (i) remove any such alterations or and all alterations, additions and improvements placed or installed by Tenant in the Premises, and will repair any damage caused by such removal. All of Tenant's furniture, movable trade fixtures and equipment not attached to the Premises (Building may be removed by Tenant at the expiration of this Lease, if Tenant so elects, and shall be so removed, if required by Landlord, and, if not so removed, shall, at the option of Landlord, become the property of Landlord. To the extent Tenant makes any alterations, additions or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior improvements and/or to the time when any extent Landlord on behalf of Tenant under an "Extra Work Agreement" makes such alterations alterations, additions or additions were madeimprovements, and as a result thereof it can be determined that thereupon was caused an increase in real estate taxes or (ii) reimburse insurance premiums, then Tenant shall be responsible for reimbursing Landlord for such increases as Landlord may pay. Landlord expressly reserves the cost right (but shall not have the obligation) to further develop, add to, improve, repair and alter the Building and its common areas, appurtenances, roadways, parking areas, etc., as Landlord may see fit, free from any and all liability of removing any nature whatsoever to Tenant for loss of business or damages of any nature whatsoever to Tenant occasioned during the making of such alterations or additions improvements, developments, additions, repairs and the restoration of the Premisesalterations.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. Tenant The LESSOR shall have be responsible for the erection and construction of that portion of the Leased Premises described in Paragraph 1 hereof. The LESSOR'S obligation for such improvements shall be limited to the initial improvements effected as of the beginning of this Lease. LESSOR shall not be responsible for any costs or allowances towards the cost of any improvements that LESSEE makes to the Leased Premises after initial possession of the Leased Premises by the LESSEE unless specifically provided for in this Lease. LESSEE shall obtain LESSOR'S prior written consent to any improvements, modifications or alterations which affect the interior of the Leased Premises and LESSEE shall furnish copies of the plans to LESSOR for LESSOR'S consideration prior to doing any work for any improvements. LESSEE shall conduct any work done to the Leased Premises in such a manner as to maintain harmonious labor relations and not to adversely affect any warranties pertaining to the existing premises. Prior to commencement of any structural work, LESSEE shall submit to LESSOR copies of all necessary permits and approved plans accompanied by a performance bond in form satisfactory to LESSOR sufficient to protect the Leased Premises from claims of lien of any sort. LESSOR reserves the right at to have final approval of the contractors and plans used by LESSEE to effect any time throughout structural modifications, alterations or improvements to the term of this Lease and any extensions hereof, to make or cause to be made, any Leased Premises. All alterations, additions, additions or improvements, whether temporary or install permanent in character, made in or cause upon the Space by LESSOR shall be LESSOR'S property and at the end of the term hereof shall remain in or upon the Space without compensation to be installed any LESSEE. All of LESSEE'S furniture, movable trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall and equipment not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages attached to the Premises resulting from such removal. During Space may be removed by LESSEE at the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions if LESSEE so elects, and repair any damage to shall be so removed, if required by LESSOR, and, if not so removed, shall, at the Premises (or option of LESSOR, become the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost property of removing such alterations or additions and the restoration of the PremisesLESSOR.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. Except for any improvements to the Leased Premises to be constructed by Tenant pursuant to the Exhibit "D", Tenant shall have not place partitions and fixtures or make any improvements or other alterations to the right at interior of the Leased Premises without prior to commencing any time throughout such work obtaining the term written consent of this Lease and any extensions hereofLandlord to the proposed work, to make or cause to be madeincluding the approval by Landlord of the plans, any alterationsspecifications, additions, or the proposed architect and/or contractor(s) for such alterations and/or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable and the materials used in connection with Landlord’s prior written approvalsuch alterations, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease; provided, however, that Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not may make any alterations, additions, improvements, non-cosmetic changes or other material changes to the interior finish of the Leased Premises without first obtaining the prior written approval of Landlord and Tenant may make alterations to the Leased Premises that are not structural in nature without Landlord's prior approval (but only after delivery to Landlord of the plans and specifications therefor) if the costs of such alterations do not exceed $20,000.00 in any 1-month period. Landlord may, as a condition to consenting to such work (where such consent shall be required), require that Tenant provide security adequate in Landlord's judgment so that the improvements or other alterations to the interior of the Leased Premises will be completed in a good and workmanlike manner. Landlord may also require that any work done to the Leased Premises for which Landlord's consent shall be required be done by employees or contractors approved in advance by Landlord, but at Tenant's expense. All improvements and alterations to the interior of the Leased Premises for which Landlord's approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant required shall be permitted subject to make Minor Alterations (the supervision of Landlord or its designee. All such improvements or alterations must conform to and be in substantial accordance in quality and appearance with those improvements and alterations that are standard for the Building as defined below) without Landlord’s prior written consent. Minor Alterationsdescribed in Exhibit "F", as used herein, and upon completion shall be defined as any alterations, improvements, etcthe property of Landlord. made In the event Landlord consents to the Premises (excluding use by Tenant of its own architect and/or contractor for the facade thereof) which do not affect the structure installation of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed improvements, prior to the time when commencement of such work, Tenant shall provide Landlord with evidence that Tenant's contractor has procured worker's compensation, liability and property damage insurance (naming Landlord as an additional insured) in a form and in an amount reasonably acceptable to Landlord, and evidence that Tenant's architect and/or contractor has procured the necessary permits, certificates and approvals from the appropriate governmental authorities. Tenant acknowledges, and agrees that any review by Landlord of Tenant's plans and specifications and/or right of approval exercised by Landlord with respect to Tenant's architect and/or contractor is for Landlord's benefit only and Landlord shall not, by virtue of such alterations review or additions were maderight of approval, be deemed to make any representation, warranty or acknowledgment to Tenant or to any other person or entity as to the adequacy of Tenant's plans and specifications or as to the ability, capability, or (ii) reimburse Landlord for the cost reputation of removing such alterations or additions and the restoration of the PremisesTenant's architect and/or contractor.
Appears in 1 contract
Sources: Lease Agreement (Suntek Corp)
ALTERATIONS AND IMPROVEMENTS. Tenant shall have Other than the right at any time throughout initial improvements to the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approvalLeased Premises, which approval shall not be unreasonably withheld or delayed. Upon governed by the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the termWork Letter attached hereto, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes material improvements (defined as having a construction cost in excess of $10,000) or other material changes alterations to the Premises interior of the Leased Premises, or undertake any construction whatsoever involving structural components or roof penetrations, without prior to commencing any such work obtaining the prior written approval consent of LandlordLandlord to the proposed work, which approval shall not be unreasonably withheld withheld, including the approval by Landlord of the plans, specifications, the proposed architect and/or contractor(s) for such alterations and/or improvements, and the materials used in connection with such alterations. Landlord may, as a condition to consenting to such work, require that Tenant provide security adequate in Landlord's judgment so that the improvements or delayedother alterations to the interior of the Leased Premises will be completed in a good and workmanlike manner. Notwithstanding Landlord may also require that any work done to the foregoingLeased Premises (such as any roof penetrations or other structural changes) be done by Landlord's own employees or contractors, but at Tenant's expense. Other than improvements by Tenant made pursuant to the Work Letter attached hereto, any additional improvements and alterations to the interior of the Leased Premises shall be subject to the supervision of Landlord or its designee, and Tenant shall pay to Landlord, upon completion of such work, a supervision fee in an amount equal to 5% of the cost of such work. All such improvements or alterations must conform to and be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterationsin substantial accordance in quality and appearance with those improvements and alterations that are standard for the Building, as used herein, and upon completion shall be defined as any alterationsthe property of Landlord. Tenant may remove its trade fixtures, improvements, etc. made property (including office supplies) and moveable office furniture and equipment not attached to the Premises Building provided: (excluding i) such removal is made prior to the facade thereof) which do not affect the structure of the buildings, their systems expiration or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: ; (iii) remove Tenant is not then in default in the performance of its obligations under this Lease; and (iii) Tenant promptly repairs all damage caused by such removal. Tenant shall give Landlord written notice of such removal at least three (3) business days prior to commencement thereof. In the event Landlord consents to the use by Tenant of its own architect and/or contractor for the installation of any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed improvements, prior to the time when commencement of such work, Tenant shall provide Landlord with evidence that Tenant's contractor has procured worker's compensation, liability and property damage insurance (naming Landlord as an additional insured) in a form and in an amount reasonably acceptable to Landlord, and evidence that Tenant's architect and/or contractor has procured the necessary permits, certificates and approvals from the appropriate governmental authorities. Tenant acknowledges and agrees that any review by Landlord of Tenant's plans and specifications and/or right of approval exercised by Landlord with respect to Tenant's architect and/or contractor is for Landlord's benefit only and Landlord shall not, by virtue of such alterations review or additions were maderight of approval, be deemed to make any representation, warranty or (ii) reimburse Landlord for acknowledgment to Tenant or to any other person or entity as to the cost adequacy of removing such alterations Tenant's plans and specifications or additions and as to the restoration ability, capability or reputation of the PremisesTenant's architect and/or contractor.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of (a) Except as provided in this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the termSection 12, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes additions or other material changes improvements to the Premises without (the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below“Alterations”) without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Minor Landlord’s consent shall not be required for interior non-structural Alterations which (i) are not visible from the outside of the Building, (ii) consent is not required under the terms of any mortgage on the Project, and (iii) does not violate the provisions of the certificate of occupancy for the Building or the Premises or adversely affect in any material respect any structural parts of the Building, HVAC or other Building systems or the strength of the Building. In no event shall Alterations reduce the size or cubic content of the Building or reduce the value of the Premises. Tenant shall submit to Landlord plans and specifications in reasonable detail for Alterations requiring Landlord’s consent, which shall be reviewed by Landlord without charge. Landlord shall grant or deny its consent to any proposed Alteration within ten (10) business days of receipt of Tenant’s written request accompanied by plans and specifications describing the proposed Alteration. In the event Landlord fails to consent or deny its consent within ten (10) business days after submission by Tenant to Landlord, Tenant shall have the right to thereafter deliver notice to Landlord advising Landlord of its failure to consent or deny its consent to the proposed Alterations within the ten (10) business day period as specified above, which notice shall expressly state in bold type as follows: “IN THE EVENT LANDLORD FAILS TO CONSENT OR DENY ITS CONSENT TO THE REQUESTED ALTERATIONS WITHIN FIVE (5) BUSINESS DAYS FROM THE DATE OF THIS NOTICE, LANDLORD’S CONSENT SHALL BE DEEMED GRANTED”. In the event that in the event Landlord fails to consent or deny its consent within five (5) business days from the date of such notice, Landlord’s consent shall be deemed granted. Any denial of Landlord’s consent shall set forth the specific reasons for Landlord’s objection thereto. Tenant shall also provide to Landlord for its reasonable approval the identity of the contractor and architect Tenant proposes to employ to construct the Alterations. All Alterations shall be accomplished in accordance with the following conditions:
(1) Tenant shall procure all governmental permits and authorizations for the Alterations, as used hereinand obtain and provide to Landlord an official certificate of occupancy and/or compliance upon completion of the Alterations, shall if appropriate. At Tenant’s request, Landlord shall, at Tenant’s cost, join with Tenant in applying for all necessary permits to be defined as obtained from governmental authorities for any alterations, improvements, etc. made Alterations to be performed by Tenant in or to the Premises and Landlord shall, at Tenant’s cost, subject to Landlord’s review and approval of same, execute any consents and applications as such governmental authorities may require.
(excluding the facade thereof2) which do not affect the structure Tenant shall arrange for extension of the buildingsgeneral liability insurance provided for in Section 7(b) to apply to the construction of the Alterations. Further, their systems or equipmentTenant shall procure and maintain Builders Risk Casualty Insurance in the amount of the full replacement cost of the Alterations and statutory Workers Compensation Insurance covering persons employed in connection with the work. If Landlord approves any alterationsAll such insurance shall conform to the requirements of Section 7(c). Evidence of such coverage, additionsand payment of all premiums therefor, improvements, etc., reasonably satisfactory to Landlord shall notify Tenantbe delivered to Landlord prior to commencing such Alterations.
(3) Tenant shall construct the Alterations in a good and workmanlike manner utilizing materials of first class quality in accordance with the plans and specifications approved by Landlord, if any, in writingcompliance with all laws and governmental regulations and no such materials shall be subject to any lien, along with Landlord’s approval noticeencumbrance, chattel mortgage, title retention or security agreement.
(b) Upon completion of whether the Alterations, Tenant shall, to the extent available, provide Landlord with “as built” CAD plans of the Alterations.
(c) Alterations shall be the property of Tenant until the termination of the Lease, provided that any Alterations (other than trade fixtures, movable equipment or furniture owned by Tenant] shall become the property of Landlord and shall remain on the Premises upon termination of the Lease, provided that Tenant shall remove any and all Alterations installed in the Premises which are items not ordinarily found in first class office premises (including items such as bank vaults and vertical penetrations, but expressly excluding partitions, mezzanines [including any stairways or elevators for accessing such mezzanines], skylights, finishes, slab reinforcements, kitchen (and related exhaust), wiring, supplemental HVAC and conduit communications systems and rooftop telecommunication equipment) (“Non-Standard Office Alterations”). Notwithstanding the foregoing, if Tenant has requested, at the time of Tenant’s request for Landlord’s consent to such Alterations that Landlord advise Tenant whether any proposed Non-Standard Alterations will be required to be removed upon the expiration or earlier termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to Landlord does not notify Tenant at the time when any of Landlord’s consent thereto that Landlord will require Tenant to remove such alterations or additions were madeNon-Standard Office Alterations, or (ii) reimburse Landlord for the cost of removing Tenant shall have no obligation to remove such alterations or additions and the restoration of the PremisesNon-Standard Office Alterations.
Appears in 1 contract
Sources: Lease Agreement (Party City Corp)
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right not at any time throughout during the lease term make any alteration, addition or improvement to the Premises or any improvements located thereon, including without limitation creating any openings in the roof or exterior walls, without in each instance the prior written consent of Landlord. Landlord shall not unreasonably withhold its consent to minor, non-structural alterations and improvements made by Tenant, provided the costs of any such alterations or improvements shall not exceed $25,000.00. No alteration, addition or improvement to the Premises shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen's compensation coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen's compensation coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such alterations, additions or improvements. All alterations, additions and improvements (except Tenant's equipment, as hereinafter defined), made at the expense of Tenant, shall become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the termination of this Lease and any extensions hereof, to make or cause to be made, any alterations, additionslease, or improvementsat Landlord's option, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Landlord may require Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal improvements and restore the Premises to substantially its original condition Landlord may require Tenant to remove such alterations, additions and improvements and restore the same condition as existed prior Premises to its original condition. Tenant, at its sole cost and expense, will make all additions, improvements and alterations on the Premises and to the time when improvements, appurtenances and equipment thereon which may be necessary by the act or neglect of any such other person or corporation (public or private), including supporting the streets and alleys adjoining the Premises. No additions, improvements or alterations or additions were made, or (ii) reimburse Landlord for exceeding the cost of removing such alterations or additions and $25,000.00 shall be commenced until Tenant has first satisfied the restoration of the Premisesrequirements set forth in Section 9.2 hereof.
Appears in 1 contract
Sources: Lease (Alaron Com Holding Corp)
ALTERATIONS AND IMPROVEMENTS. Except for minor, decorative alterations which do not affect the Building structure or systems, are not visible from outside the Premises and do not cost in excess of $25,000.00 in the aggregate, Tenant shall have not make or allow to be made any alterations, physical additions or improvements in or to the right Premises without first obtaining in writing Landlord’s written consent for such alterations or additions, which consent may be granted or withheld in the sole, unfettered discretion of Landlord (if the alterations will affect the Building structure or systems or will be visible from outside the Premises), but which consent shall not be unreasonably withheld (if the alterations will not affect the Building structure or systems and will not be visible from outside the Premises). Upon Landlord’s request, Tenant will furnish Landlord plans and specifications for any proposed alterations, additions or improvements and shall reimburse Landlord for its reasonable cost to review such plans. Tenant shall bear responsibility for compliance with all applicable laws, ordinances, the CC&R’s and governmental approvals, for obtaining the approval of the association or architectural committee governing the Building, and for complying with any other requirements of Interlocken Park, the City of Broomfield or the County of Boulder (the compliance with which, including the procurement of all necessary permits and licenses, is Tenant’s responsibility). Any alterations, physical additions or improvements shall at once become the property of Landlord; provided, however, upon the expiration or earlier termination of this Lease Landlord, at its option, may require Tenant to remove any time alterations, additions or improvements (plus any installed cabling, wiring or other connection lines) in order to restore the Premises to the condition existing on the Commencement Date. All costs of any such alterations, additions or improvements shall be borne by Tenant. All alterations, additions or improvements must be made in a good, first-class, workmanlike manner and, if the Building is multi-tenanted in the future, in a manner that does not disturb other tenants (i.e., any loud work must be performed during non-business hours) and Tenant must maintain appropriate liability and builder’s risk insurance throughout the term construction. Tenant does hereby indemnify and hold Landlord harmless from and against all claims for damages or death of persons or damage or destruction of property arising out of the performance of any such alterations, additions or improvements made by or on behalf of Tenant. Under no circumstances shall Landlord be required to pay, during the Term of this Lease and any extensions hereofor renewals thereof, any ad valorem or Property tax on such alterations, additions or improvements, Tenant hereby covenanting to make or cause to be made, pay all such taxes when they become due. In the event any alterations, additions, improvements or improvements, or install or cause repairs are to be installed any trade fixture, signs, floor covering, interior performed by contractors or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with workmen other than Landlord’s prior written approvalcontractors or workmen, which approval shall not any such contractors or workmen must first be unreasonably withheld or delayedapproved, in writing, by Landlord. Upon Landlord agrees to assign to Tenant any rights it may have against the expiration contractor of the Initial Term Premises with respect to any work performed by said contractor in connection with improvements made by Landlord at the request of this Lease, Tenant. Tenant shall have the option right to remove such alterationsuse the Building’s roof, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, shafts and risers for its HVAC and other utility needs upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used hereinwhich consent shall not be unreasonably withheld, and further provided that Tenant shall be defined as remove all cables and any alterations, improvements, etc. made other equipment installed therein or thereon prior to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems Expiration Date or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon earlier termination of this Lease, either: (i) remove any such alterations or additions Lease and shall repair any damage to caused in connection with the Premises (or the buildings in which the Premises are located) occasioned by their installation or installation, repair, maintenance and/or removal and restore the Premises to substantially the same condition as existed prior to the time when any of such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premisesitems.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. The Tenant reserves the right to make alterations to the Premises during the term of the Lease with written approval of the Landlord; and Landlord agrees that such written approval shall not be unreasonably withheld. Upon expiration or termination of this Lease, all improvements and alterations to the Premises that were made by the Tenant shall become the property of the Landlord. At the expiration or termination of the Lease, the Tenant shall have the right to remove from the Premises all personal property owned by the Tenant. Any sale of the Premises by Landlord shall be subject to Tenant’s rights under this Lease. Tenant may, at its sole cost and expense, apply for and obtain all licenses, permits, and approvals, required by any time throughout local, state or federal governmental authorities for its use of the term of this Lease Premises, including without limitation, all applications for zoning variances, zoning ordinances, building code variances, amendments, special use permits, and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem construction permits and other licenses and approvals necessary or suitable with Landlordconvenient for constructing, installing, removing, replacing, maintaining and operating a Fire Station, including parking, access driveways, internal driveways, fences, gates, landscaping and anything else related to the Tenant’s prior written approvaluse of the Premises as a Fire Station (collectively, which approval the “Government Approvals”). Landlord shall not be unreasonably withheld or delayedimpede ▇▇▇▇▇▇’s ability to obtain all necessary Governmental Approvals. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option right to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, terminate this Lease upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages 30 days written notice to the Premises resulting from such removal. During the termLandlord, Tenant shall not make if ▇▇▇▇▇▇ is unable, with reasonable effort, to obtain any alterations, additions, improvements, non-cosmetic changes or other material changes Government Approvals necessary to use the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayedin compliance with Section 5. Notwithstanding the foregoing, Tenant Tenant’s determination as to what constitutes reasonable effort shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to final and binding on the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcParties., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 1 contract
Sources: Lease Agreement
ALTERATIONS AND IMPROVEMENTS. Except for minor, decorative alterations which do not affect the Building structure or systems, are not visible from outside the Premises and do not cost in excess of $10,000.00 per occasion, Tenant shall have not make or allow to be made any alterations, physical additions or improvements in or to the right Premises without first obtaining in writing Landlord’s written consent for such alterations or additions, which consent may be granted or withheld in the sole, unfettered discretion of Landlord (if the alterations will affect the Building structure or systems or will be visible from outside the Premises), but which consent shall not be unreasonably withheld or delayed if the alterations will not affect the Building structure or systems and will not be visible from outside the Premises. Upon Landlord’s request, Tenant will furnish Landlord plans and specifications for any proposed alterations, additions or improvements and shall reimburse Landlord for its reasonable cost to review such plans. Any alterations, physical additions or improvements shall at once become the property of Landlord; provided, however, Landlord, at its option, may require Tenant to remove any alterations, additions or improvements made by Tenant during the Term of this Lease in order to restore the Premises to the condition existing on the Commencement Date. As to improvements requiring Landlord’s consent, Landlord shall notify Tenant, at the time of Tenant’s request, if Tenant shall be required to remove any alterations, additions or improvements covered by such request at the expiration or termination of the Term of this Lease. All costs of any such alterations, additions or improvements shall be borne by Tenant. All alterations, additions or improvements must be made in a good, first-class, workmanlike manner and in a manner that does not unreasonably disturb other tenants (i.e., any loud work must be performed during non-business hours) and Tenant must maintain appropriate liability and builder’s risk insurance throughout the term construction. Tenant does hereby indemnify and hold Landlord harmless from and against all claims for damages or death of persons or damage or destruction of property arising out of the performance of any such alterations, additions or improvements made by or on behalf of Tenant (other than by Landlord or Landlord’s contractors or workmen). Under no circumstances shall Landlord be required to pay, during the Term of this Lease and any extensions hereofor renewals thereof, any ad valorem or Property tax on such alterations, additions or improvements, Tenant hereby covenanting to make or cause to be madepay all such taxes when they become due, provided that Landlord notifies Tenant in writing promptly upon receipt of such a tax ▇▇▇▇. In the event any alterations, additions, improvements or improvements, or install or cause repairs are to be installed any trade fixture, signs, floor covering, interior performed by contractors or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with workmen other than Landlord’s prior written approvalcontractors or workmen, which any such contractors or workmen must first be approved, in writing, by Landlord, such approval shall not be unreasonably withheld or delayed. Upon Landlord agrees to assign to Tenant any rights it may have against the expiration contractor of the Initial Term of this Lease, Tenant shall have the option Premises with respect to remove such alterations, decorations, additions or any work performed by said contractor in connection with improvements made by itLandlord at the request of Tenant. In the event any such claim of lien is filed against the Property by any contractor, provided any damage laborer or materialman performing work on the Premises at Tenant’s direction, Tenant agrees to Premises resulting from cause such removal is repaired. Alsolien to be discharged, upon the expiration by payment of the Initial Term claim or bond, within ten (10) business days of this Lease, Tenant if requested receipt of demand by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. 10.1 Neither Tenant nor any Subtenants shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, add any alterations, additions, permanent or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any non-movable alterations, additions, improvements, non-cosmetic changes fixtures or other material changes equipment to the Premises without the prior written approval consent of Landlord, except for the installation of unattached, readily movable trade fixtures which approval may be installed in the Premises without drilling, cutting or otherwise defacing the Premises. All alterations, additions, improvements, equipment and fixtures (including, without limitation, all floor coverings, wallcoverings, baseboards, doors, door fixtures, windows, walls, electrical wiring and switches, lights, plumbing, bathroom equipment, and all heating and air conditioning equipment, but excluding Tenant's unattached, readily movable furniture and office equipment) which may be made or installed upon the Premises by Landlord, Tenant, any Subtenant or any other person or entity shall not remain upon and be unreasonably withheld surrendered with the Premises, without compensation therefor to Tenant, any Subtenant or delayedany other person or entity, and become the property of Landlord at the termination of this Lease or Tenant's rights of possession under this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Premises (or other area where such property may be located) to their original condition at Tenant's expense. Notwithstanding the foregoing, Tenant may remove, so long as it restores the Premises to the condition existing prior to their installation, any light fixtures, furniture, kitchen equipment, security equipment or fire detection equipment. Tenant promptly shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made repair all damage to the Premises (excluding the facade thereof) which do not affect the structure resulting from any removal of the buildings, their systems property. This covenant shall survive any expiration or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease.
10.2 All construction work done by or on behalf of Tenant or any Subtenant within the Premises shall be performed in a good and workmanlike manner, either: in compliance with all governmental requirements, and in such manner as to cause a minimum of interference with other construction in progress on the Shoreside Complex (ias defined in the Ground Lease) remove and with the transaction of business relating thereto. ▇▇▇▇▇▇ agrees to, and does hereby, indemnify and hold Landlord and its partners and their respective officers, directors, members, shareholders, employees and agents harmless from and against all losses, liabilities and damages (including attorneys' fees and litigation expenses) resulting from such work, and Tenant shall, if requested by Landlord, furnish bonds or other security satisfactory to Landlord against such loss, liability or damage. Tenant shall promptly pay each of its contractors, subcontractors and suppliers as may be necessary to prevent the imposition or assertion of any mechanic's, laborer's or materialman's lien on any of the Premises or Tenant's or Landlord's leasehold interest therein. Nothing herein contained shall be construed as constituting the consent or request of Landlord that any contractor, subcontractor or supplier provide any labor, service or material for any construction, repair or demolition in, of or to any of the Premises. Landlord is not, and shall not be, liable for any labor, services or materials furnished or to be furnished to Tenant or any Subtenant, and no mechanic's, laborer's, materialman's or other liens for any such alterations labor, services or additions materials shall attach to or affect the interest of Landlord in any of the Premises. Tenant shall reimburse Landlord, on demand, for Landlord's costs incurred in complying with any laws or regulations applicable to any construction, repair or demolition by or for Tenant.
10.3 In the event that Landlord elects to remodel or repair all or any portion of the Premises, or modify or reconfigure any portions of the Premises, Tenant will cooperate with such remodeling, repair, modification or reconfiguration, including, without limitation, Tenant's tolerating temporary inconveniences (and repair any damage even the temporary removal of Tenant's signs in order to facilitate such remodeling, repair, modification or reconfiguration as it may relate to the Premises (or exterior of the buildings Premises), provided, in which the event any election to reconfigure portions of the Premises are located) occasioned by their installation results in a displacement of Subtenants and such Subtenants incur out-of-pocket costs as a result of such displacement, Landlord will reimburse such Subtenants for reasonable, actual out-of-pocket costs incurred as a result of such displacement upon receipt of the original invoices therefor.
10.4 In the event Tenant or removal any Subtenant uses a general contractor to perform construction work within the Premises, Tenant shall, prior to the commencement of such work, require said general contractor to execute and restore deliver to Landlord a waiver and release of any and all claims against Landlord and liens against the Premises to substantially which such contractor might at any time be entitled. The delivery of the same waiver and release of lien within the time period set forth above shall be a condition as existed prior precedent to the time when ability of Tenant or any such alterations or additions were madeSubtenant to enter on and begin its construction work at the Premises and, or (ii) reimburse if applicable, to any reimbursement from Landlord for the cost of removing such alterations or additions and the restoration of the Premisesits construction work.
Appears in 1 contract
Sources: Retail Space Lease (HCS Ii Inc)
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes improvements or other material changes additions to the Leased Premises without the prior written approval consent of Landlord, which approval consent shall not be unreasonably withheld or delayedwithheld. Notwithstanding the foregoing, Tenant shall be permitted supply Landlord with a list of contractors and subcontractors, and with plans and specifications for all such alterations, improvements and additions prior to make Minor Alterations (as defined below) without Landlord’s prior written requesting such consent. Minor Alterations, as used herein, shall be defined as any All alterations, improvements, etc. improvements and additions made to by Tenant shall remain upon the Leased Premises (excluding at the facade thereof) which do not affect expiration or earlier termination of this Lease and shall become the structure property of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., unless Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon prior to or after the termination of this Lease, either: (i) have given written notice to Tenant to remove same or any such alterations or additions and repair any damage to the Premises (or the buildings of same, in which the Premises are located) occasioned by their installation or removal event Tenant shall remove such alterations, improvements and additions and restore the Premises to substantially the same good order and condition as existed prior in which it was on the Commencement Date. Should Tenant fail so to the time when any such alterations or additions were madedo, or (ii) Landlord may do so, and Tenant shall reimburse Landlord for the cost Landlord’s expenses, on demand. All of removing such alterations alterations, improvements or additions shall be made solely at Tenant’s expense; and ▇▇▇▇▇▇ agrees to indemnify, defend and save harmless Landlord (a) on account of any injury to any persons or property by reason of any such improvements, additions or alterations, and (b) from the restoration payment of the Premisesany claim on account of bills for labor or materials furnished or claimed to have been furnished in connection therewith. ▇▇▇▇▇▇ agrees to procure all necessary licenses, permits and approvals before undertaking such work and to do all such work in a good and workmanlike manner, employing materials of highest quality and complying with all applicable governmental requirements.
Appears in 1 contract
Sources: Commercial Lease (Health Sciences Acquisitions Corp 2)
ALTERATIONS AND IMPROVEMENTS. (a) Tenant shall have not make or perform, or permit the right making or performance of, any initial or subsequent tenant finish work or any alterations, installations, decorations, improvements, additions or other physical changes in or about the Leased Premises (referred to collectively as "Alterations") without Landlord's prior consent. Landlord agrees not to withhold its consent unreasonably to any nonstructural Alterations proposed to be made by Tenant to adapt the Leased Premises for Tenant's business purposes. Notwithstanding the foregoing provisions or Landlord's consent to any Alterations, all Alterations shall be made and performed in conformity with and subject to the following provisions: All Alterations shall be made and performed at Tenant's sole cost and expense and at such time and in such manner as Landlord may from time to time reasonably designate. Alterations shall be made only by contractors or mechanics approved by Landlord, such approval not to be unreasonably withheld. No Alteration shall affect any part of the Building other than the Leased Premises or adversely affect any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Building or reduce the value of the Building. No alteration shall affect the outside appearance of the Building. Tenant shall submit to Landlord detailed plans and specifications (including layout, architectural, mechanical and structural drawings) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's written approval of such plans and specifications. Prior to the commencement of each proposed Alteration, Tenant shall furnish to Landlord duplicate original policies of worker's compensation insurance covering all persons to be employed in connection with such Alterations, including those to be employed by all contractors and subcontractors and comprehensive public liability insurance (including property damage coverage) in which Landlord, its agents, and any lessor under any ground or underlying lease, and any mortgagee of the Building shall be named as parties insured, which policies shall be issued by companies, and shall be in form and amounts, satisfactory to Landlord and shall be maintained by Tenant until the completion of such Alteration (Intentionally Deleted). Tenant shall cause its contractor to provide Landlord with a certificate of completion of the Alterations and a bills paid affidavit and full lien waiver; and upon receipt of same, and no fewer than thirty-one (31) days following completion if Tenant is not in default hereunder, Landlord shall return the letter of credit to Tenant unused and endorsed for cancellation. Tenant shall, if requested by Landlord at the time of Landlord's consent to the Alterations, agree to restore the Leased Premises at the termination of this Lease to their condition prior to making such Alterations. All permits, approvals and certificates required by all governmental authorities shall be timely obtained by Tenant and submitted to Landlord. Notwithstanding Landlord's approval of plans and specifications for any Alterations, all Alterations shall be made and performed in full compliance with applicable laws, orders and regulations of Federal, State, County, and Municipal authorities and with all directions, pursuant to law, of all public officers, and with all applicable rules, orders, regulations and requirements of the Dallas Board of Fire Underwriters or any similar body. All alterations shall be made and performed in accordance with the Building rules. All materials and equipment to be incorporated in the Leased Premises as a result of all Alterations shall be new and first quality. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. If such Alterations are being performed by Tenant in connection with Tenant's initial occupancy of the Leased Premises, Tenant agrees to make proper application for, and obtain, a certificate of occupancy from the city in which the Leased Premises are located. Tenant shall furnish such certificate to Landlord promptly after issuance of same.
(b) Tenant shall not at any time throughout prior to or during the term of this Lease and Lease, directly or indirectly employ or permit the employment of, any extensions hereofcontractor, to make mechanic, or laborer in the Leased Premises, whether in connection with any Alteration or otherwise, if such employment will interfere or cause any conflict with other contractors, mechanics, or laborers engaged in the construction, maintenance or operation of the Building by Landlord, Tenant, or other. In the event of any such interference or conflict. Tenant, upon demand of Landlord, shall cause all contractors, mechanics, or laborers causing such interference or conflict to leave the Building immediately.
(c) All appurtenances, fixtures, improvements, and other property attached to or installed in the Leased Premises, whether by Landlord or Tenant or others, and whether at Landlord's expense or Tenant's expense, or the joint expense of Landlord and Tenant, shall be madeand remain the property of Landlord, except that any alterationssuch fixtures, improvements, additions, or improvements, or install or cause and other property which have been installed at the sole expense of Tenant and which are removable without material damage to the Leased Premises shall be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with and remain the property of Tenant. At Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease's option, Tenant shall have remove any property belonging to Tenant at the option end of the term hereof, and Tenant shall repair or, at Landlord's option, shall pay to remove such alterations, decorations, additions or improvements made by it, provided Landlord the cost of repairing any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting arising from such removal. During the term, Tenant shall not make Any replacements of any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval property of Landlord, which approval shall not be unreasonably withheld whether made at Tenant's expense or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used hereinotherwise, shall be defined as any alterations, improvements, etc. made to and remain the Premises (excluding the facade thereof) which do not affect the structure property of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcLandlord., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 1 contract
Sources: Commercial Lease Agreement (Monitronics International Inc)
ALTERATIONS AND IMPROVEMENTS. Subsequent to completion of the initial Work,Tenant shall have the right at any time throughout and privilege to make such alterations, improvements, additions and changes, structural or otherwise, during the term of this Lease Lease, at its own cost and expense, in and to the Premises in such manner as it may deem necessary or convenient to promote the interests of its business (“Tenant Improvements”); provided, however, that the following tenant improvements must first be submitted to Landlord and any extensions hereofmortgagee of the Landlord for their written approval, to make or cause not to be madeunreasonably withheld, conditioned or delayed: (a) pertinent plans for material changes to the structural or exterior portions of the building or to the parking areas constructed by Landlord as Improvements, and (b) pertinent plans for any removal, modification or addition of Tenant Improvements to the initial Work or other portions of the Premises that cause a material decrease in the value of the Premises. For clarification, structural changes that compromise the re-usability of the Building or changes that will result in a material decrease in the value of the Building could be reasons for withholding approval. Unless objections to such changes from any mortgagee of the Landlord are received by the Tenant and the Landlord within twenty (20) days of receipt of notice thereof from the Tenant, such mortgagee shall be deemed to have accepted them. Except as noted below, any alterations, additions, or improvements, additions or install changes made to the Premises by or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as for Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon under the expiration of the Initial Term terms of this paragraph shall attach to the realty and become the property of Landlord at and upon termination of this Lease unless removed by Tenant as permitted in this Lease. Notwithstanding anything to the contrary herein, Tenant shall have the option right to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration construct greenhouses and similar structures on other portions of the Initial Term of this Lease, Tenant if requested Land. Any licensed contractor hired by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make perform any alterations, additions, improvements, non-cosmetic changes work in a ▇▇▇▇▇▇▇-like manner. Any exterior greenhouses or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, similar structures constructed by Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall property of Tenant and may be defined as any alterations, improvements, etc. made to removed by Tenant at the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. Tenant 6.01 Lessee shall have the right at not make any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, alterations or improvements, improvements in or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlordthe Lease Premises (“Alterations”) without Lessor’s prior written approvalconsent, which approval consent shall not be unreasonably withheld withheld, conditioned, or delayed. Lessee shall not permit or allow any lien to be filed or recorded against the Leased Premises or Lessor’s interest therein, and Lessee shall fully cooperate with Lessor in obtaining the protection afforded Lessor under Section 38-22-105(2), C.R.S., as amended to date. All Alterations made in or to the Leased Premises by Lessee shall immediately become part of the Leased Premises and be surrendered with the Leased Premises at the termination of this Lease. Upon the expiration of the Initial Term Lease, the Lessee shall not be required to remove any of the initial Fit-out work or any improvements existing at the time of delivery of the Premises to Lessee, regardless of who performed or paid for such work. Notwithstanding the foregoing, any generators and/or chill-packs installed by Lessee shall be considered personal property, and Lessee shall have the option, at Lessee’s sole election, to remove such generator(s) and/or chill-pack(s) or leave said installations on the Premises upon Lease expiration.
6.02 All equipment, fixtures and improvements of a detachable or temporary nature installed or placed upon the Leased Premises by Lessee, including trade fixtures, shall remain the property of Lessee, subject to Lessee’s right, at its option, to remove same not later than ten (10) days after termination of this Lease. Lessee, Tenant at its expense, shall have the option to remove such alterations, decorations, additions or improvements made by it, provided promptly repair any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the termThe failure of lessee to remove its equipment, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions fixtures and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.detachable improvements within ten
Appears in 1 contract
Sources: Lease Agreement
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant absolutely shall not make any alterations, additions or improvements to or in the Building outside the Premises. Furthermore, Tenant shall make no alterations or improvements (including additions, improvements, non-cosmetic changes ) to or other material changes to in the Premises without the prior written approval of Landlord, which unless in each instance and for each such alteration or improvement, Landlord or a contractor approved by Landlord is hired to do such alterations or improvement. Such approval shall not be unreasonably withheld in the case of alterations or delayedimprovements to the interior of the Premises if such alterations or improvements are normal for the use described in Item 1(d) of this Lease, do not adversely affect utility of the Premises for future Tenants, do not alter the exterior of the Building, and are accompanied by insurance satisfactory to Landlord and by prepayment or bond provisions or waivers by the contractor in form satisfactory to Landlord sufficient to protect the Building from claims of lien of any sort; otherwise, such approval may be withheld for any reason whatsoever. Notwithstanding Furthermore, such alterations or improvements absolutely shall not affect the foregoingmechanical, plumbing, electrical and HVAC systems in the Premises or the Building and shall not be of a structural nature. Tenant shall be permitted conduct its work in such a manner as to make Minor Alterations (maintain harmonious labor relations and as defined below) without not to interfere with the operation of the Building and shall, prior to the commencement of the work, submit to Landlord copies of all necessary permits. Landlord reserves the right to have final approval of the contractors hired by Tenant. All such contractors hired by Tenant shall be, at levels and coverage’s prescribed by Landlord’s , licenses, bonded and insured, and Landlord may require evidence of same, which Tenant agrees to secure and provide Landlord prior written consentto the commencement of any work by such contractors. Minor AlterationsAll alterations or improvements, as used hereinwhether temporary or permanent in character, made in or upon the Premises, either by Landlord or Tenant, shall be defined as any alterations, improvements, etc. made to Landlord’s properly and at the end of the term hereof shall remain in or upon the Premises (excluding the facade thereof) which do not affect the structure of the buildingswithout compensation to Tenant. If, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc.however, Landlord shall notify Tenant, request in writing, along with Landlord’s approval noticeTenant will, of whether Tenant shall, upon prior to expiration or earlier termination of this Lease, either: (i) remove any and all alterations, and improvements placed or installed by Tenant in the Premises, and will repair any damage caused by such removal. All of Tenant’s furniture, movable trade fixtures and equipment not attached to the Building may be removed by Tenant at the expiration of this Lease, if Tenant so elects, and shall be so removed, if required by Landlord, and, if not so removed, shall, at the option of Landlord, become the property of Landlord. To the extent Tenant makes any alterations or improvements and/or to the extent Landlord on behalf of Tenant under an “Extra Work Agreement” makes such alterations or additions improvements, and repair any damage to the Premises (as a result thereof it can be determined that thereupon was caused an increase in real estate taxes or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were madeinsurance premiums, or (ii) reimburse then Tenant shall be responsible for reimbursing Landlord for the cost of removing such alterations or additions and the restoration of the Premisesincreases as Landlord may pay.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. Tenant shall have not, without prior written consent of the right at any time throughout the term of this Lease and any extensions hereofLandlord, to make or cause to be made, any alterations, additionsadditions or improvements to the Leased Premises which (a) require structural changes, (b) lessen the value of the Leased Premises, (c) require penetration of the roof, (d) require modification of the exterior of the building, or improvements(e) require modification of utility services, plumbing, electrical or install heating systems or cause lines. If Landlord’s consent is requested, Landlord will respond within twenty (20) days after the receipt by Landlord of Tenant’s written request. If Landlord does not respond within such twenty (20) day period, Tenant may give a second request to Landlord which shall inform Landlord that a failure to respond within seven (7) days shall be deemed to be installed any trade fixturean approval of the request, signsand if Landlord does not respond within seven (7) days following Landlord’s receipt of the second request, floor covering, interior or exterior painting or lighting, plumbing the request shall be deemed to be approved. All fixtures, shades or awningspaneling, as partitions and other items installed by the Tenant, except those replacements required to be made by Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon under the expiration of the Initial Term terms of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted removed by the Tenant at the Tenant’s own expense prior to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove unless Landlord elects in writing to have said improvements remain in the Premises, in which case said improvements then become the property of the Landlord. Nothing in this Article shall be construed to prevent Tenant’s removal of trade fixtures. Upon removal of any such alterations trade fixtures from Premises or additions upon removal of other installations as may be required by the Landlord, Tenant shall immediately and at its own expense, repair and restore the Premises to the condition existing prior to installation and repair any damage to the Leased Premises (due to such removal, reasonable wear and tear excepted. All property permitted or required to be removed by Tenant at the buildings end of the Lease Term, which remains in which the Premises are located) occasioned by their installation after Tenant’s removal shall be deemed abandoned and may at the election of the Landlord, either be retained as Landlord’s property or removal and restore may be removed from the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse by Landlord for the cost of removing such alterations or additions and the restoration of the Premisesat Tenant’s expense.
Appears in 1 contract
Sources: Lease Agreement (Sielox Inc)
ALTERATIONS AND IMPROVEMENTS. Except for alterations which do not affect the Building structure or systems, are not visible from outside the Premises and do not cost in excess of $100,000.00 in the aggregate, Tenant shall not make or allow to be made any alterations, physical additions or improvements in or to the Premises without first obtaining in writing Landlord’s written consent for such alterations or additions, which consent may be granted or withheld in the sole, unfettered discretion of Landlord (if the alterations will affect the Building structure or systems or will be visible from outside the Premises), but which consent shall not be unreasonably withheld (if the alterations will not affect the Building structure or systems and will not be visible from outside the Premises). Upon Landlord’s request, and if reasonably necessary in connection with the work, Tenant will furnish Landlord plans and specifications for any proposed alterations, additions or improvements and shall reimburse Landlord for its out-of-pocket reasonable cost to review such plans. Any alterations, physical additions or improvements shall at once become the property of Landlord; provided, however, as to improvements and alterations made by Tenant after the date of this Lease, Landlord, at its option, may require Tenant (at the end of the Term) to remove any alterations, additions or improvements in order to restore the Premises to the condition existing on the Commencement Date, if Landlord provided notice to Tenant, at the time Tenant requested the right to make such alteration, that it would have to be removed at the end of the Term. Tenant shall have no obligation to remove any of the right at improvements in or alterations to the Premises existing as of the date of this Lease. All costs of any time such alterations, additions or improvements shall be borne by Tenant. All alterations, additions or improvements must be made in a good, first-class, workmanlike manner and Tenant must maintain appropriate liability and builder’s risk insurance throughout the term construction. Tenant does hereby indemnify and hold Landlord harmless from and against all claims for damages or death of persons or damage or destruction of property arising out of the performance of any such alterations, additions or improvements made by or on behalf of Tenant. Under no circumstances shall Landlord be required to pay, during the Term of this Lease and any extensions hereofor renewals thereof, any ad valorem or Property tax on such alterations, additions or improvements, Tenant hereby covenants to make or cause to be made, pay all such taxes when they become due. In the event any alterations, additions, improvements or improvements, or install or cause repairs are to be installed any trade fixture, signs, floor covering, interior performed by contractors or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with workmen other than Landlord’s prior written approvalcontractors or workmen, which approval shall not any such contractors or workmen must first be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenantapproved, in writing, along with by Landlord’s approval notice, . Landlord agrees to assign to Tenant any rights it may have against the contractor of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or with respect to any work performed by said contractor in connection with improvements made by Landlord at the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost request of removing such alterations or additions and the restoration of the PremisesTenant.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. A. Upon completion of the Tenant Improvements in accordance with paragraph 2 and Exhibit "C" hereof, Landlord shall assign to Tenant all warranties where applicable relating to such Tenant Improvements and shall have the right at any time throughout the term of this Lease and any extensions hereof, no further obligation to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions alterations or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Leased Premises resulting from such removal. During the term, except as provided in paragraph 12C hereof.
B. Tenant shall not further covenants that it will at no time or times make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made or changes of any kind to the Leased Premises without first submitting the plans thereof and securing the prior written consent of the Landlord, which consent shall not be unreasonably withheld; provided, however, that Tenant may, at its own option and without having to secure the consent, written or otherwise of the Landlord,
(1) make any alterations or changes of any kind to the Leased Premises which may be required to be made by Tenant hereunder because of any governmental order or regulation, the compliance with which Tenant is responsible for hereunder, and, so long as such alterations or changes are not of a character required to be performed by Landlord hereunder, such alterations or changes shall, if made by Tenant, be made at no expense to Landlord; and
(2) undertake any landscaping or similar work with respect to the Leased Premises (excluding including the facade thereofimprovements) which do not affect are of a minor nature and are reasonably necessary to the structure use by the Tenant of the buildingsLeased Premises as contemplated hereunder, their systems provided that such work or equipmentalterations or changes are performed at no cost to Landlord and are approved by Landlord. If Landlord approves any All improvements, alterations, additionsreplacements, improvementsand building service equipment made or installed by or on behalf of Tenant and permanently affixed to the Building shall immediately upon completion or installment thereof be and become the property of Landlord without payment therefor by Landlord, etc.but subject to the provisions of this Lease; provided that all machinery, Landlord equipment (other than HVAC and other building service equipment), trade fixtures, movable partitions, furniture and furnishings installed by Tenant or maintained on the Leased Premises, even if permanently affixed thereto, shall notify remain the property of Tenant, in writingand Tenant shall be entitled to remove the same or any part thereof at any time during the Lease term, along with Landlord’s approval notice, of whether but Tenant shall, upon termination of this Leaseat its expense, either: (i) remove any such alterations or additions and repair any and all damage to the Leased Premises (resulting from or caused by such removal. Landlord has the buildings right to remove Tenant's property remaining in which the Leased Premises are located) occasioned by their installation or removal after termination and restore the Premises to substantially the store same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premisesat Tenant's expense.
Appears in 1 contract
Sources: Lease Agreement (Astropower Inc)
ALTERATIONS AND IMPROVEMENTS. Tenant Lessee at its own cost and expense shall have fully equip the right at any time throughout the term of this Lease Premises with all lighting fixtures, furniture, operating equipment, and any extensions hereof, to make other equipment necessary for the proper operation of Lessee’s business. All fixtures installed by Lessee shall be new or cause to be made, completely reconditioned. Lessee shall not do any alterations, additions, alternations or improvements, construction work or install or cause any equipment without first obtaining Lessor’s written approval and consent, such consent not to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon Lessee shall present to Lessor plans and specifications for such work at the expiration time approval is sought. Lessor reserves the right before approving such work to require Lessee to furnish Lessor with evidence satisfactory to Lessor of financial arrangements made by Lessee to promptly pay for any work Lessee causes to be done in or on the Premises. Lessor’s approval of any plans, specifications or work drawings shall create no responsibility or liability on the part of the Initial Term Lessor for their completeness, design sufficiency or compliance with all laws, rules and regulations of governmental agencies or authorities. Lessee shall be entitled to make interior, non-structural alterations, additions or improvements to the Premises without Lessor’s consent, provided such alterations, additions or improvements do not adversely affect the utility systems serving the Premises. Lessee shall remove all liens of record that may result from the performance of any alternations or additions. Lessee agrees that all alternations, physical additions or improvements to the Premises made by Lessee shall be completed in a good and workmanlike manner and shall be in compliance with the Americas with Disabilities Act (the “ADA”) ADA and, upon the request of Lessor, Lessee shall provide Lessor with evidence reasonably satisfactory to Lessor that such work was performed in compliance with the ADA. Any alternations, physical additions or improvements to the Premises made by Lessee shall at once become the property of Lessor and shall be surrendered to Lessor upon the termination of this Lease, Tenant except that the forgoing shall have not apply to moveable equipment or furniture owned by Lessee which may be removed by Lessee at any time during the option Lease term or the end of the term of this Lease if Lessee is not then in default and if such equipment and furniture is not then subject to any other rights, liens and interests of Lessor. Lessor, at its option, may require Lessee to remove such alterations, decorations, any physical additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and and/or repair any damages alternations in order to restore the Premises to the Premises resulting from such removal. During condition existing at the termtime the Lessee took possession, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes all costs of removal and/or alternations to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayedborne by Lessee. Notwithstanding the foregoing, Tenant under circumstances where Lessor has an approval right over the alterations or additions being made by Lessee hereunder and if Lessor has approved same, Lessee shall not be permitted obligated to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) so remove any such alterations or additions unless and repair any damage to except under circumstances where Lessor advised Lessee of such removal requirement at the time of its approval of the subject alterations or additions. If Lessee does not remove moveable equipment or furniture or other personal property not owned by Lessor from the Premises (or after Lessor’s written request at the buildings in which end of the Premises are located) occasioned term of the Lease, such property will be deemed abandoned by their installation or Lessee and Lessor may dispose of such property as Lessor sees fit and, if Lessor disposes of such property, Lessor shall recover its costs incurred for the removal and restore disposal thereof. The provisions of this Paragraph 13 shall survive the Premises to substantially the same condition as existed prior to the time when any such alterations expiration or additions were made, or (ii) reimburse Landlord for the cost sooner termination of removing such alterations or additions and the restoration of the Premisesthis Lease.
Appears in 1 contract
Sources: Lease (Adherex Technologies Inc)
ALTERATIONS AND IMPROVEMENTS. a. Tenant will not make any alterations, improvements or additions to or about the Demised Premises, or affix or attach any articles to or make any holes in or about the Demised Premises or the building of which the Demised Premises is a part without first having submitted plans for same to Landlord for its prior approval. If said plan receives Landlord’s approval, Landlord Endo Pharmaceuticals Inc. Page 10 Confidential alone will make or do the same on behalf of Tenant and for Tenant’s benefit, solely at the cost, expense and risk of Tenant unless otherwise provided in writing. Notwithstanding the foregoing, the parties agree that Tenant may make any non-structural alterations, non-structural improvements or non-structural additions to the Demised Premises that do not exceed $10,000.00 in cost without seeking and/or receiving Landlord’s approval. All alterations, improvements, additions or fixtures, whether installed, made or placed before or after the execution of this Lease, shall have remain upon the right Demised Premises at any time throughout the term expiration or earlier termination of this Lease and any extensions hereofbecome the property of Landlord unless Landlord shall, at the time Landlord approves such alterations give written notice to make or cause Tenant to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon remove the same at the expiration of the Initial Term of this LeaseLease term, in which event Tenant shall have remove the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon same at the expiration of the Initial Term of Lease term and restore the Demised Premises to the same good order and condition in which it now is; provided, however, trade fixtures may be removed if there is no existing default under this Lease.
b. Tenant will not lay any linoleum, oil cloth, rubber or other air-tight covering upon the floors of the Demised Premises, nor fasten articles to or drill holes or drive nails or screws into the walls or partitions of the Demised Premises; nor will Tenant if requested paint, paper or otherwise cover or in any way ▇▇▇▇, deface or break said walls or partitions; nor make any attachment to the electric lighting wires of the Demised Premises or building of which the Demised Premises is a part for storing electricity, running electric fans or motors or other purposes; nor will Tenant use any method of heating other than that provided by Landlord shall remove any signs and repair any damages to the Premises resulting from provided that Tenant may make such removal. During the term, Tenant shall not make any non-structural alterations, additions, improvements, and/or repairs to the extent that such non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any structural alterations, additions, improvements, etc.and/or repairs do not exceed $10,000.00 in cost. If Tenant desires to have telephone, Landlord telegraph or other similar wires and instruments installed on the Demised Premises, he shall notify Landlord, and Landlord will direct where and how the same are to be installed. Landlord reserves at all times the right to require Tenant to install and use in the Demised Premises such electrical protective devices and to change wires and their placing and arrangement, as Landlord may deem necessary, and further, to require compliance on the part of all using or seeking access to such wires with such rules as Landlord may establish relating thereto; and further reserves, in the event of non-compliance with such requirements and rules, the right to cut and prevent the use of any wires to which such non-compliance relates.
c. No contract entered into or that may be subsequently entered into by Landlord with Tenant, relative to any alterations, additions, improvements or repairs, nor the failure of Landlord to make such alterations, additions, improvements or repairs as required by any such contract, nor the making by Landlord or his agents or contractors of such alterations, additions, improvements or repairs shall in writing, along with Landlord’s approval notice, any way affect the payment of whether Tenant shall, upon termination of the rent or said other charges at the time specified in this Lease. Endo Pharmaceuticals Inc. Page 11 Confidential d. Items of a decorative nature, either: (i) remove any such alterations or additions and repair any damage as small pictures, are not intended to the Premises (or the buildings in which the Premises are located) occasioned be prohibited by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premisesthis paragraph. 11.
Appears in 1 contract
Sources: Tenancy Agreement
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages no alterations to the Leased Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises Grounds without the prior written approval consent of Landlord. Any alterations, which approval changes, or improvements built, constructed, planted, or placed anywhere in or on the Leased Premises or Grounds by Tenant, with the exception of fixtures removable without damage to the Leased Premises and movable personal property, shall, unless otherwise provided by a written agreement between the parties, be the property of Landlord and remain on the Leased Premises after expiration or termination of this Lease. Landlord reserves the right to alter, move, remove, or cut any improvement Tenant makes to or on the Leased Premises or Grounds including, without limitation, trimming, cutting, pruning, and removing flowers, shrubs and trees. Tenant shall not be unreasonably withheld install additional locks or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) gates on any door or window without Landlord’s prior written consent. Minor AlterationsIf Landlord permits Tenant to install new or different locks, Tenant shall provide Landlord with a key for each lock. Upon expiration or termination of this Lease, Tenant shall provide Landlord with all keys. ▇▇▇▇▇▇▇▇ may charge Tenant for unreturned keys, as used hereinprovided for in paragraph 7 of this Lease. Landlord shall provide reasonable accommodations to Tenant’s disabilities (if any), shall be defined as any alterationsincluding making changes to rules, improvementspolicies, etc. made or procedures, and making and paying for structural alterations to the Leased Premises or Grounds; provided, however, that Landlord shall not provide accommodations that constitute a fundamental alteration to Landlord’s program or which would pose a substantial financial and administrative hardship to Landlord. Landlord may, however, permit Tenant to make alterations to the Leased Premises to accommodate ▇▇▇▇▇▇’s disabilities (excluding other than alterations required of Landlord). If alterations are approved, Landlord may require that Tenant restore the facade thereof) which do not affect the structure interior or exterior of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, Leased Premises to its pre-Lease condition upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 1 contract
Sources: Lease Agreement
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to will not make or cause allow to be made, made any alterations, additions, alterations or improvements, physical additions in or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval consent of Landlord, which approval consent shall not be unreasonably withheld or delayedas to nonstructural alterations. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor AlterationsLandlord may require, as used herein, shall be defined as any alterations, improvements, etc. made a condition to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove granting its consent to any such alterations or physical additions, that Tenant agree to remove such alterations or physical additions and repair any damage to at the Premises (or end of the buildings in which the Premises are located) occasioned by their installation or removal lease term and restore the Premises to substantially the condition in which the same condition as existed prior to the time when any before such alterations or physical additions were made. At the end or other termination of this lease, Tenant shall deliver up the Premises with all improvements located thereon (except as otherwise herein provided) in good repair and condition, reasonable wear and tear excepted, and shall deliver to Landlord all keys to the Premises. The cost and expense of any repairs necessary to restore the condition of the Premises to such condition in which they are to be delivered to Landlord shall be borne by Tenant reasonable wear and tear excepted. All alterations, additions or improvements (whether temporary or permanent in character) made in or upon the Premises, either by Landlord or Tenant, shall be Landlord’s property on termination of this lease and shall remain on the Premises without compensation to Tenant. All furniture, movable trade fixtures and equipment installed by Tenant may be removed by Tenant at the termination of this lease if Tenant so elects, and shall be so removed if required by Landlord, or (ii) reimburse Landlord for if not so removed shall at the cost option of removing Landlord, become the property of Landlord. All such alterations installations, removals and restoration shall be accomplished in good workmanlike manner so as not to damage the Premises or additions and the restoration primary structure or structural qualities of the PremisesBuilding or the plumbing, electrical lines or other utilities.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. Except for minor, decorative alterations which do not affect the Building structure or systems, are not visible from outside the Premises and do not cost in excess of $10,000.00 in the aggregate, Tenant shall have not make or allow to be made any alterations, physical additions or improvements in or to the right Premises without first obtaining in writing Landlord’s written consent for such alterations or additions, which consent may be granted or withheld in the sole, unfettered discretion of Landlord (if the alterations will affect the Building structure or systems or will be visible from outside the Premises), but which consent shall not be unreasonably withheld (if the alterations will not affect the Building structure or systems and will not be visible from outside the Premises). Upon Landlord’s request, Tenant will furnish Landlord plans and specifications for any proposed alterations, additions or improvements and shall reimburse Landlord for its reasonable cost to review such plans. Any alterations, physical additions or improvements shall at once become the property of Landlord; provided, however, Landlord, at its option, may require Tenant to remove any time alterations, additions or improvements in order to restore the Premises to the condition existing on the Commencement Date. All costs of any such alterations, additions or improvements shall be borne by Tenant. All alterations, additions or improvements must be made in a good, first-class, workmanlike manner and in a manner that does not disturb other tenants (i.e., any loud work must be performed during non-business hours) and Tenant must maintain appropriate liability and builder’s risk insurance throughout the term construction. Tenant does hereby indemnify and hold Landlord harmless from and against all claims for damages or death of persons or damage or destruction of property arising out of the performance of any such alterations, additions or improvements made by or on behalf of Tenant. Under no circumstances shall Landlord be required to pay, during the Term of this Lease and any extensions hereofor renewals thereof, any ad valorem or Property tax on such alterations, additions or improvements, Tenant hereby covenanting to make or cause to be made, pay all such taxes when they become due. In the event any alterations, additions, improvements or improvements, or install or cause repairs are to be installed any trade fixture, signs, floor covering, interior performed by contractors or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with workmen other than Landlord’s prior written approvalcontractors or workmen, which approval shall not any such contractors or workmen must first be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Leaseapproved, Tenant shall have the option to remove such alterationsin writing, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably unnecessarily withheld or delayed. Notwithstanding Landlord agrees to assign to Tenant any rights it may have against the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to contractor of the Premises (excluding with respect to any work performed by said contractor in connection with improvements made by Landlord at the facade thereof) which do not affect the structure request of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcTenant., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. Tenant shall have not, without the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approvalconsent of Landlord, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes improvements or other material changes additions to the Premises (hereinafter referred to as a "Change"). Tenant's installation and reconfiguration of its modular office units used for executive offices shall not constitute a Change or require Landlord's consent unless such installation or reconfiguration results in alterations to the structural components of the Building or the Building's HVAC, electrical, plumbing or other utility systems. Landlord may impose such reasonable conditions with respect to such Change as Landlord deems appropriate, including without limitation, requiring Tenant to furnish Landlord security for the prior written approval payment of all costs to be incurred in connection with the Change, insurance against liabilities which may arise out of such work and the plans and specifications naming Landlord as an additional insured together with all necessary permits for such Change. The work necessary to make the Change or to effect the reconfiguration of Tenant's modular office units shall be done at Tenant's expense by employees or contractors selected by Tenant and, with respect to a Change, approved by Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding , and shall be performed in such manner and at such times as Landlord shall direct to minimize disturbance to other tenants (and without limiting the generality of the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made acknowledges that Landlord may withhold its consent to the Premises (excluding use of employees or a contractor selected by Tenant if, in Landlord's judgment, the facade thereof) which do not affect the structure retention of such employees or contractor might delay, hinder or otherwise interfere with Landlord's construction activities in or management of the buildingsBuilding). Tenant shall promptly pay, their systems or equipment. If Landlord approves any alterationswhen due, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing all such alterations work and of all decorating required by reason thereof. With respect to a Change, Tenant shall also pay to Landlord a percentage of the cost of such work, which percentage shall not exceed 10% of the cost of such work (or additions 5% if Tenant shall have the work supervised and performed by a general contractor selected and paid by Tenant and approved by Landlord), as reimbursement to Landlord for all expenses arising from Landlord's involvement with such work. Upon completion of such work, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials (in the form attached hereto as Exhibit F). Tenant shall defend and hold Landlord and the restoration Building harmless from all costs, damages and liens and expenses related to such work. In connection with such work Tenant shall never be deemed an agent of Landlord. All work done by Tenant or Tenant's contractors shall be done in a first class workmanlike manner using only good grades of materials and shall comply with all union and insurance requirements and all Conditions. In consideration of Landlord's consent to such Change, any Change shall (without further compensation to Tenant) become Landlord's property at the termination of the PremisesTerm, and shall, unless Landlord requests otherwise, be relinquished to Landlord in good condition, ordinary wear, casualty, condemnation and damage due to the acts or omissions of Landlord, its agents, engineers or contractors excepted.
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ALTERATIONS AND IMPROVEMENTS. Tenant, at Tenant's expense, shall have the right following Landlord's written consent to remodel, redecorate, and make additions, improvements and replacements of and to all or any part of the Leased Premises from time to time as Tenant may deem desirable, provided that all necessary building permits are obtained, and that such improvements are made in a workmanlike manner and utilizing good quality materials. Subject to Tenant shall also have the right to place and install personal property, trade fixtures, equipment and other temporary installations in and upon the Leased Premises, and fasten the same to the Leased Premises. All personal property, equipment, machinery, trade fixtures and temporary installations , whether acquired by Tenant at the commencement of the Lease term or placed or installed on the Leased Premises by Tenant thereafter, shall remain Tenant's property free and clear of any claim by Landlord. Tenant shall have the right to remove the same at any time throughout during the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any that all damage to the Leased Premises resulting from caused by such removal is repairedshall be repaired by Tenant at Tenant's expense. AlsoIn addition, upon the expiration or earlier termination of the Initial Term Lease, Tenant improvements, alterations or replacements made by Tenant, and restore the Leased Premises to its original condition. building-standard finishes throughout, shall construct and deliver the Leased Premises according to the floorplan depicted in Exhibit A-1, to include : - VCT tile floor or polished concrete floors in the breakroom, restrooms, and hallways. - Carpeted floors in the offices, conference room and training room. - New paint throughout. - Drop ceiling throughout Landlord will demise the Leased Premises from areas used by it or any other tenants at its sole expense. Substantial Completion shall occur on the date Landlord provides Tenant written notice that all of the Tenant Improvements have been substantially completed, with the exception of any agreed upon punch list items, to be completed by Landlord within a reasonable period of time thereafter, and the Leased Premises have been delivered to Tenant. In addition to the construction of the Tenant Improvements, Landlord agrees to provide Tenant an allowance in the amount of $10,000 to be used by Tenant for the construction of an accordion wall in the conference room, as noted in the revised Exhibit A- payment of the Allowance, Landlord shall have no responsibility with respect to the accordion wall, and Tenant shall be solely responsible for all aspects thereof, including, without limitation, its installation and maintenance, and its removal upon the expiration or earlier termination of the Lease, together with the payment of all other costs related thereto. The Allowance shall be paid to Tenant on the commencement date of this Lease, Tenant . signage on any existing building directory if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along at Tenant expense. prior written approval as to both the type and design, and the exact sizes and locations thereof shall be determined by Landlord. All costs of design, fabricat written demand. Tenant shall also repairs of the Tenant signage, and Tenant shall remove the same, and replace the monument panel with Landlord’s approval notice, of whether Tenant shalla blank panel, upon the expiration or earlier termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 1 contract
Sources: Commercial Lease Agreement
ALTERATIONS AND IMPROVEMENTS. Tenant may place partitions and fixtures and may make improvements and other alterations to the interior of the Leased Premises at Tenant's expense, provided, however, that prior to commencing any such work, Tenant shall have first obtain the right at any time throughout written consent of Landlord to the term of this Lease proposed work, including the plans, specifications, the proposed architect and/or contractor(s) for such alterations and/or improvements and any extensions hereof, to make or cause to be made, any the materials used in connection with such alterations, additionsincluding, without limitation, paint, carpeting, wall or improvements, or install or cause window coverings and the use of carpet glues and other chemicals for installation of such materials. Landlord's consent to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval Tenant's request shall not be unreasonably withheld or delayed. Upon At least ten (10) days prior to the expiration commencement of any construction in the Initial Term of this LeaseLeased Premises, Tenant shall have deliver to Landlord copies of the option plans and specifications for the contemplated work and shall identify the contractor(s) selected by Tenant to remove perform such alterationswork. Landlord may require that the work be done by Landlord's own employees, decorationsits construction contractors, additions or under Landlord's direction, but at the expense of Tenant, and Landlord may, as a condition to consenting to such work, require that Tenant provide security adequate in Landlord's judgment so that the improvements made by itor other alterations to the Leased Premises will be completed in a good, provided workmanlike and lien free manner. Landlord may also require that any damage work done to the interior of the Leased Premises resulting from such removal is repaired. Alsobe subject to the supervision of Landlord or its designee, and Tenant shall pay to Landlord, upon the expiration completion of such work, a supervision fee in an amount equal to ten percent (10%) of the Initial Term cost of this Leasesuch work. All such improvements or alterations must conform to and be in substantial accordance in quality and appearance with the quality and appearance of improvements in a first-class, Tenant if requested by Class A, institutional grade office building. All such improvements shall be the property of Landlord. In the event Landlord shall remove any signs and repair any damages consents to the Premises resulting from such removal. During use by Tenant of its own architect and/or contractor for the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval installation of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed improvements, prior to the time when commencement of such work, Tenant shall provide Landlord with evidence that Tenant's contractor has procured worker's compensation, liability and property damage insurance (naming Landlord as an additional insured) in a form and in an amount approved by Landlord, and evidence 7- 9 that Tenant's architect and/or contractor has procured the necessary permits, certificates and approvals from the appropriate governmental authorities. Tenant acknowledges and agrees that any review by Landlord of Tenant's plans and specifications and/or right of approval exercised by Landlord with respect to Tenant's architect and/or contractor is for Landlord's benefit only and Landlord shall not, by virtue of such alterations review or additions were maderight of approval, be deemed to make any representation, warranty or (ii) reimburse Landlord for acknowledgment to Tenant or to any other person or entity as to the cost adequacy of removing such alterations Tenant's plans and specifications or additions and as to the restoration ability, capability or reputation of the PremisesTenant's architect and/or contractor.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. 9.1. Tenant shall have will make no alteration, change, improvement, repair, replacement or addition to the right at any time throughout Leased Premises without the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, consent of Landlord which approval consent shall not be unreasonably withheld or delayed. Upon If Landlord grants such prior written consent, then the work to be done in connection therewith shall be done at Tenant’s sole cost and expense, but by Landlord’s contractors or other qualified contractors reasonably approved in advance, in writing, by Landlord and in a manner and upon terms and conditions and at a time reasonably satisfactory to Landlord. In any instance where Landlord grants such consent, Landlord may grant such consent contingent and conditioned upon Tenant’s contractors, laborers, materialmen and others furnishing labor or materials for Tenant’s job working in harmony and not interfering with any labor utilized by Landlord, Landlord’s contractors or mechanics or by any other tenant or such tenant’s contractors or mechanics; and if at any time such entry by one or more persons furnishing labor or materials for Tenant’s work shall cause disharmony or interference, the consent granted by Landlord to Tenant may be withdrawn immediately upon notice to Tenant. Notwithstanding anything contained herein to the contrary, Tenant may make non-structural cosmetic improvements to the Leased Premises that do not include any changes, additions, or effect the structural, HVAC, electrical or plumbing without prior Landlord written approval as long as the cost of such non-structural cosmetic improvements do not exceed $100,000.00 in any twenty-four (24) consecutive month period. Tenant agrees to notify Landlord in writing as to any non-structural cosmetic improvements to be made by Tenant.
9.2. Any and all permitted alterations, additions, improvements, or changes (when made to the Leased Premises by Tenant) shall become property of Landlord at the expiration of the Initial Lease Term and shall be surrendered to Landlord upon termination of this Lease by lapse of time or otherwise; provided, however, this clause shall not apply to moveable equipment or furniture owned by Tenant. Tenant hereby expressly waives all rights to any payment or compensation for any alterations, changes or improvements to the Leased Premises. Notwithstanding the provision that such alterations, improvements and changes will remain in the Leased Premises upon termination of this Lease, if Landlord so requests in writing or if it is expressly stated in Exhibit “C” to the Lease, Tenant, shall prior to termination of this Lease, Tenant shall remove any and all alterations, cabling, fixtures and property placed or installed by Tenant in the Leased Premises and will repair any damages caused by such removal.
9.3. Tenant may remove its trade fixtures, moveable office furniture, and equipment not attached to the Building provided;
9.3.1. Such removal is made not later than ten (10) days following termination of this Lease.
9.3.2. Tenant is not in default beyond any applicable cure period of any obligation or covenant of this Lease at the lime of such removal.
9.3.3. Tenant shall promptly repair all damage caused by such removal.
9.4. If any property not belonging to Landlord remains at the Leased Premises after ten (10) days after expiration of the Term of this Lease, Tenant shall have hereby authorizes Landlord to make such disposition of such property as Landlord may desire without liability for compensation or damages to Tenant in the option to remove event that such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from property is property of Tenant; and in the event that such removal property is repaired. Also, upon the expiration property of the Initial Term of this Leasesomeone other than Tenant, Tenant if requested by agrees to expressly indemnify, defend and hold Landlord shall remove harmless from any signs and repair all claims, damages, suits, liability, loss and expenses in connection therewith or incident to any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes exercise or other material changes to the Premises without the prior written approval dominion over and/or disposition of such property by Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 1 contract
Sources: Lease Agreement (Franklin Bank Corp)
ALTERATIONS AND IMPROVEMENTS. (a) Tenant shall have not make or perform, or permit the right making or performance of, any initial or subsequent tenant finish work or any alterations, installations, decorations, improvements, additions or other physical changes in or about the Leased Premises (referred to collectively as "Alterations") without Landlord's prior consent. Landlord agrees not to withhold its consent unreasonably to any nonstructural Alterations proposed to be made by Tenant to adapt the Leased Premises for Tenant's business purposes. Notwithstanding the foregoing provisions or Landlord's consent to any Alterations, all Alterations shall be made and performed in conformity with and subject to the following provisions: All Alterations shall be made and performed at Tenant's sole cost and expense and at such time and in such manner as Landlord may from time to time reasonably designate. Alterations shall be made only by contractors or mechanics approved by Landlord, such approval not to be unreasonably withheld. No Alteration shall affect any part of the Building other than the Leased Premises or adversely affect any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Building or reduce the value of the Building. No alteration shall affect the outside appearance of the Building. Tenant shall submit to Landlord detailed plans and specifications (including layout, architectural, mechanical and structural drawings) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's written approval of such plans and specifications. Prior to the commencement of each proposed Alteration, Tenant shall furnish to Landlord duplicate original policies of worker's compensation insurance covering all persons to be employed in connection with such Alterations, including those to be employed by all contractors and subcontractors and comprehensive public liability insurance (including property damage coverage) in which Landlord, its agents, and any lessor under any ground or underlying lease, and any mortgagee of the Building shall be named as parties insured, which policies shall be issued by companies, and shall be in form and amounts, satisfactory to Landlord and shall be maintained by Tenant until the completion of such Alteration. If Landlord shall require Tenant to assure payment of all costs of such alterations, prior to commencement of any approved Alteration, Tenant shall cause to be issued and delivered to Landlord an irrevocable documentary letter of credit or payment bond in the full amount of the cost of the said approved Alterations issued by a substantial banking institution reasonably acceptable to Landlord payable in whole or in part, from time to time to the order of Landlord upon written demand accompanied by Landlord's certification that Tenant has defaulted with respect to the obligation secured thereby. The term of the letter of credit shall be from date of issuance through ninety (90) days after completion of construction of the approved Alterations. Tenant shall cause its contractor to provide Landlord with a certificate of completion of the Alterations and a bills paid affidavit and full lien waiver; and upon receipt of same, and no fewer than thirty-one (31) days following completion if Tenant is not in default hereunder, Landlord shall return the letter of credit to Tenant unused and endorsed for cancellation. Tenant shall, if requested by Landlord at the time of Landlord's consent to the Alterations, agree to restore the Leased Premises at the termination of this Lease to their condition prior to making such Alterations. All permits, approvals and certificates required by all governmental authorities shall be timely obtained by Tenant and submitted to Landlord. Notwithstanding Landlord's approval of plans and specifications for any Alterations, all Alterations shall be made and performed in full compliance with applicable laws, orders and regulations of Federal, State, County, and Municipal authorities and with all directions, pursuant to law, of all public officers, and with all applicable rules, orders, regulations and requirements of the Dallas Board of Fire Underwriters or any similar body. All alterations shall be made and performed in accordance with the Building rules. All materials and equipment to be incorporated in the Leased Premises as a result of all Alterations shall be new and first quality. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. If such Alterations are being performed by Tenant in connection with Tenant's initial occupancy of the Leased Premises, Tenant agrees to make proper application for, and obtain, a certificate of occupancy from the city in which the Leased Premises are located. Tenant shall furnish such certificate to Landlord promptly after issuance of same.
(b) Tenant shall not at any time throughout prior to or during the term of this Lease and Lease, directly or indirectly employ or permit the employment of, any extensions hereofcontractor, to make mechanic, or laborer in the Leased Premises, whether in connection with any Alteration or otherwise, if such employment will interfere or cause any conflict with other contractors, mechanics, or laborers engaged in the construction, maintenance or operation of the Building by Landlord, Tenant, or other. In the event of any such interference or conflict. Tenant, upon demand of Landlord, shall cause all contractors, mechanics, or laborers causing such interference or conflict to leave the Building immediately.
(c) All appurtenances, fixtures, improvements, and other property attached to or installed in the Leased Premises, whether by Landlord or Tenant or others, and whether at Landlord's expense or Tenant's expense, or the joint expense of Landlord and Tenant, shall be madeand remain the property of Landlord, except that any alterationssuch fixtures, improvements, additions, or improvements, or install or cause and other property which have been installed at the sole expense of Tenant and which are removable without material damage to the Leased Premises shall be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with and remain the property of Tenant. At Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease's option, Tenant shall have remove any property belonging to Tenant at the option end of the term hereof, and Tenant shall repair or, at Landlord's option, shall pay to remove such alterations, decorations, additions or improvements made by it, provided Landlord the cost of repairing any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting arising from such removal. During the term, Tenant shall not make Any replacements of any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval property of Landlord, which approval shall not be unreasonably withheld whether made at Tenant's expense or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used hereinotherwise, shall be defined as any alterations, improvements, etc. made to and remain the Premises (excluding the facade thereof) which do not affect the structure property of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcLandlord., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 1 contract
Sources: Commercial Lease Agreement (Monitronics International Inc)
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right to make alterations and Improvements to the Premises, subject to the following terms and conditions:
(a) No alterations or improvements made by Tenant shall in any way impair the structural stability of any building or improvement on the Premises or diminish the value of the Premises.
(b) All alterations or improvements requiring an expenditure greater then TEN THOUSAND DOLLARS ($10,000) shall be first approved in writing by Landlord.
(c) Tenant shall keep all of the Premises and every part thereof, including buildings and other improvements at any time throughout the term located thereon, free and clear of this Lease any and all mechanics', materialmen's, and other liens arising out of, or in connection with, any extensions hereofwork or services performed, or materials or appliances furnished to make Tenant as part of any alterations, improvements, or repairs that Tenant may make, or cause to be made, any alterations, additionson or about the Premises, or improvementsany obligations of any kind incurred by Tenant. Tenant further agrees to promptly and fully discharge any and all claims on which such liens might be based, and to hold Landlord free and harmless from any and all such liens and claims of liens and suits or install or cause other proceedings pertaining thereto. Should Tenant desire to be installed contest any trade fixturelien that may attach to the Premises, signsTenant shall first notify Landlord in writing of Tenant's intention so to do within five (5) business days of the lien having been filed. In such a case, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayedconsidered in default hereunder until ten (10) business days after the final determination of the validity thereof, within which time Tenant shall satisfy and discharge the lien to the extent held valid. Upon The satisfaction and discharge of any such lien shall not, in any case, be delayed until execution is had on any judgment rendered on the lien, and that delay shall be a default of Tenant under this Lease. In the event of any such contest, Tenant shall protect and indemnify Landlord against all loss, cost, expense, and damage resulting from the contest.
(d) All alterations and improvements made to the Premises shall become the property of Landlord and shall remain on and be surrendered with the Premises at the expiration or earlier termination of the Initial Term of this Lease, including any extension thereof. Notwithstanding any other provision in this Lease, Tenant shall have the option right to remove such alterations, decorations, additions or improvements made by it, provided any damage to its trade fixtures from the Premises resulting from such removal is repaired. Also, upon at the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon earlier termination of this Lease, either: (i) remove any such alterations or additions Lease term provided Tenant is not then in default under this Lease and provided that Tenant shall repair any damage to the Premises caused by that removal.
(or e) All alterations and improvements shall comply with the buildings in which the Premises are located) occasioned by their installation or removal applicable laws, ordinances, and restore the Premises to substantially the same condition as existed prior to the time when regulations of any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of governmental authority with jurisdiction over the Premises.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. Tenant A. Lessee shall make no changes, improvements,alterations, or additions to the leased premises unless such changes, improvements, alterations, or additions:
1) Are first approved in writing by ▇▇▇▇▇▇. Lessor shall not unreasonably withhold approval.
2) Are not in violation of restrictions placed on Lessor by lenders or other third parties.
3) Will not materially alter the character of the leased premises.
4) Will not substantially lessen the value of the leased premises.
5) Are made in a workmanlike manner, utilizing good quality materials.
B. Lessee shall have the right to place and install personal property, trade fixtures, equipment and other temporary installations in and upon the leased premises, and fasten the same to the premises.
C. All personal property, equipment, machinery, trade fixtures and temporary installations, whether acquired by Lessee at the commencement of the Lease term or placed or installed on the leased premises by ▇▇▇▇▇▇ thereafter, shall remain Lessee's property free and clear of any claim by ▇▇▇▇▇▇. Lessee shall have the right to remove the same at any time throughout during the term of this Hawaii Commercial Lease provided that all damage to the leased premises caused by such removal shall be repaired by Lessee at Lessee's expense.
D. All improvements made by Lessee to the leased premises which are so attached to the leased premises that they cannot be removed without material injury to the leased premises, shall become the property of the Lessor upon installation.
E. Not later than the last day of the Term, Lessee shall, at ▇▇▇▇▇▇’s sole expense
1) Remove all of ▇▇▇▇▇▇’s personal property and any extensions hereofthose improvements made by Lessee which have not become the property of Lessor, to make including trade fixtures, cabinetwork, movable paneling, partitions, and the like,
2) Repair all injury done by or cause to be made, any alterations, additions, in connection with the installation or removal of such property and improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, and
3) Surrender the leased premises in as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon good condition as they were at the expiration beginning of the Initial Term, reasonable wear and tear excepted.
F. All property remaining on the leased premises after the last day of the Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant Hawaii Commercial Lease shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consentconclusively deemed abandoned and may be removed by ▇▇▇▇▇▇. Minor Alterations, as used herein, Lessee shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord Lessor for the cost of removing such alterations or additions and the restoration of the Premisesremoval.
Appears in 1 contract
Sources: Commercial Lease Agreement
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease Except as expressly and any extensions hereofclearly provided elsewhere herein, to make or cause to be made, any all alterations, additionsimprovements, additions or remodeling of the Premises during the Term of the Lease shall be done at the expense of the LESSEE and only with the written consent of LESSOR. To the extent any such alterations, improvements, additions or remodeling do not adversely affect the foundation, exterior walls, roof, or improvementsany structural issues related to the Premises, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval such consent shall not be unreasonably withheld withheld, conditioned or delayed. Upon the expiration of the Initial Term of this LeaseLESSEE is hereby permitted, Tenant shall have the option with LESSOR’s consent not to remove be unreasonably withheld, conditioned or delayed, to install and to perform such alterations, decorations, additions or other alterations and improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from which do not adversely affect the structural soundness thereof; provided, however, if the installation of any such removal. During supplemental equipment involves the termroof, Tenant the placing of equipment on the roof or a roof penetration, LESSOR’s roofing contractor or consultant, must have the opportunity to be present at all times during such work, and LESSEE shall not make any alterations, additions, improvements, non-cosmetic changes be obligated to pay all reasonable costs associated with LESSOR’s roofing contractor or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayedconsultant. Notwithstanding the foregoing, Tenant LESSOR’s consent shall not be permitted required for any alteration, improvement, addition or remodeling of the Premises that satisfies all of the following criteria: (a) does not affect the foundation, exterior walls, roof, or any structural issues related to make Minor Alterations the Premises; and (b) the cost thereof does not exceed, in the aggregate for any particular project or series of projects which reasonably can be considered one and the same project, $25,000. Other than LESSEE’s equipment, machines and removable trade fixtures (whether or not the same may be affixed to the Premises so long as defined below) the removal thereof can be accomplished without Landlordcausing permanent damage to the Premises that cannot be repaired to LESSOR’s prior written consent. Minor Alterationsreasonable satisfaction), as used hereinbut specifically excluding any installed by LESSEE (“Tenant’s Equipments”), shall be defined as any all such alterations, improvements, etcadditions or remodeling, whether made by LESSEE or LESSOR at LESSEE’s request, including any items nailed, glued, screwed or otherwise attached to the Premises, shall become the property of LESSOR upon the expiration of this Lease, unless otherwise expressly and clearly provided herein. made LESSEE shall not, without the written consent of LESSOR, permit any lien to be affixed to the Premises (excluding or the facade thereof) which do Business Park by reason of any remodeling, alterations or other work performed by, or at the request of, LESSEE, by operation of law or otherwise. Other than Tenant’s Equipment and except in connection with any alterations permitted hereunder, LESSEE shall not affect the structure of the buildings, their systems or equipment. If Landlord approves remove at any alterationstime any improvements, additions, improvementsor any other item nailed, glued, screwed or otherwise attached to the Premises without LESSOR’s express written permission, such permission not to be unreasonably withheld, conditioned or delayed. However, not later than the last day of the Term, LESSEE shall, at LESSEE’s sole expense, remove all of LESSEE’s property, and remove all partitions, counters, railings, etc., Landlord which were installed by LESSEE (other than the Tenant Improvements installed pursuant to Exhibit C) and whose removal is specifically requested by LESSOR in writing at the time LESSOR approves the installation thereof, and LESSEE shall notify Tenantrepair all injuries done by or in connection with the installation and/or removal of such property. Without limiting the generality of anything herein contained, in writingthe event any federal, along state or local law, rule, or ordinance or regulation (including, but not limited to, the Americans with Landlord’s approval noticeDisabilities Act of 1990, as same may now exist or hereafter be amended or supplemented), shall require any alterations or improvements to the Premises, the Building B Parking Spaces and the Common Areas, it shall be the obligation of whether Tenant shall, upon termination of this Lease, either: (i) remove any LESSOR and not LESSEE to make such alterations or additions and repair any damage improvements, but, to the Premises (extent such alterations are required in order to comply with laws, rules, ordinances or regulations becoming effective after the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any Commencement Date, such alterations or additions were madeimprovements shall be deemed to be Operating Expenses, or (ii) reimburse Landlord for and to the cost of removing extent such alterations or additions and improvements are determined under generally accepted accounting principles to be capital improvements, the restoration of amortized cost thereof over the Premisesdepreciable life such alteration or improvement shall be an Operating Expense.
Appears in 1 contract
Sources: Lease Agreement (Cryolife Inc)
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any no alterations, additions, additions or improvements, or install or cause improvements to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with the Leased Premises without the written consent of Landlord’s prior written approval, which approval consent shall not be unreasonably withheld or delayed; provided, however, that Tenant shall be permitted to make interior nonstructural alterations, additions, and improvements costing less than $200,000.00 without Landlord's prior consent.
17.1 All such work shall be carried on at Tenant's cost, and in a first class, workmanlike manner in accordance with building standards and other reasonable requirements of Landlord and in compliance with all governmental orders, regulations and permits. Upon Such work shall be performed by responsible contractors, approved by Landlord who will, prior to commencement of work, submit satisfactory proof of insurance coverage naming Landlord as an additional insured and file with the expiration Prothonotary of Bucks County a waiver of liens with respect to all labor and materials to be furnished in connection with such work by the Initial Term contractor and its subcontractors and materialmen.
17.2 Following completion of this Leasesuch alterations, additions or improvements (hereinafter "TENANT'S Improvements") by Tenant, Tenant shall have ownership of such Improvements, and thus, the option right to remove depreciate such alterationsImprovements.
17.3 Tenant, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without with the prior written approval consent of Landlord, Landlord (which approval consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing), Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as may remove any alterations, additions, trade fixtures, improvements, etcappliances or equipment installed by Tenant which can be removed without damage to or leaving incomplete the Leased Premises. made to Landlord may direct Tenant at the Premises (excluding the facade thereof) which do not affect the structure end of the buildingsLease Term or upon the earlier termination of this Lease, their systems and whether or equipment. If Landlord approves any not Tenant is in default hereunder, to remove all alterations, additions, improvements, etc.trade fixtures, Landlord shall notify Tenantappliances or other personal property brought into or placed about the Leased Premises by Tenant or constructed or installed therein by Tenant (including but not limited to, partitions, cabinets, shelving, drapes, shades, furniture, wiring and plumbing) during the term of this Lease as may be specified in writingwriting by Landlord, along with Landlord’s approval notice, of whether and Tenant shall, upon termination of this Leaseat its expense, either: (i) remove any immediately effect such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premisesshall repair all damage incidental thereto.
Appears in 1 contract
Sources: Merger Agreement (Prophet 21 Inc)
ALTERATIONS AND IMPROVEMENTS. A. Upon completion of the Tenant Improvements in accordance with Paragraph 2 and Exhibit "C" hereof, Landlord shall have the right at any time throughout the term of this Lease and any extensions hereof, no further obligation to make any alterations or cause improvements to be made, the Leased Premises except as provided in Paragraph 12C hereof.
B. Tenant further covenants that it will at no time or times make any other alterations, additions, or improvements, or install material changes of any kind to the Leased Premises or cause the Building (collectively, "Alterations") over the amount of $10,000 per occurrence without first submitting the plans thereof to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s Landlord and securing the prior written approvalconsent of the Landlord. As a precondition to receiving such Landlord's consent:
(i) Tenant must demonstrate to Landlord's satisfaction, which approval in Landlord's sole determination, that the Tenant has the financial ability to pay for any such Alteration(s); and (ii) the contractor or contractors performing the Alteration(s) must acknowledge in writing to Landlord in form and substance satisfactory to Landlord that it or they are relying solely upon Tenant's ability to pay and are not looking to Landlord or to its equity in the Real Property as a source of payment. Tenant acknowledges that the preconditions set forth in subparagraphs (i) and (ii) above are material inducements to Landlord's consent and shall be relied upon by Landlord in providing consent should Landlord, in its sole discretion, elect to provide such consent.
C. Tenant shall not install any equipment of any kind or nature whatsoever which would or might necessitate any changes, replacements or additions to any of the heating, ventilating, air conditioning, electric, sanitary, or other systems serving the Leased Premises or any other portion of the Building, without the prior written consent of the Landlord. In the event that such consent is granted, all such replacements, changes or additions shall be unreasonably withheld or delayedpaid for by Tenant. Upon At the expiration or earlier termination of the Initial Term of this LeaseTerm, Tenant shall have pay to Landlord Landlord's cost of restoring such systems to their condition prior to such replacements, changes or additions, normal wear and tear excepted.
D. All improvements, alterations, replacements, and building service equipment made or installed by or on behalf of Tenant and permanently affixed to the option Building shall immediately upon completion or installment thereof be and become the property of Landlord without payment therefor by Landlord or, at Landlord's option, after written notice to Tenant, any or all of the foregoing, except for the Tenant Improvements, may be designated by Landlord as items which shall be removed by Tenant at its sole cost and expense upon the expiration or sooner termination of its Lease and in such event Tenant shall also repair all damage to the Leased Premises caused by such installation or removal. All machinery, equipment (other than HVAC and other building service equipment), trade fixtures, movable partitions, furniture and furnishings installed by Tenant or maintained on the Leased Premises, shall remain the property of Tenant, and Tenant shall be entitled to remove such alterations, decorations, additions the same or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, part thereof upon the expiration of the Initial Term of this LeaseTerm, but Tenant if requested by Landlord shall remove any signs and shall, at its expense, repair any damages and all damage to the Leased Premises resulting from or caused by such removal. During Landlord has the term, Tenant shall not make right to remove any alterations, additions, improvements, non-cosmetic changes of Tenant's property remaining in the Leased Premises after ten (10) days following any termination at Tenant's expense and at Landlord's option to treat the same as Landlord's own or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayedstore same at Tenant's expense. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify TenantTenant in advance, if Tenant has previously provided Landlord with written notice outlining improvements, in writing, along with Landlord’s approval notice, writing if any alterations or improvements shall be required to be removed upon termination. The provisions of whether Tenant shall, upon this Paragraph 12 shall survive the expiration or sooner termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 1 contract
Sources: Lease Agreement (Innotrac Corp)
ALTERATIONS AND IMPROVEMENTS. Except for minor, decorative alterations which do not affect the Building structure or systems, are not visible from outside the Premises and do not cost in excess of $10,000.00 in the aggregate, Tenant shall have not make or allow to be made any alterations, physical additions or improvements in or to the right Premises without first obtaining in writing Landlord's written consent for such alterations or additions, which consent may be granted or withheld in the sole, unfettered discretion of Landlord (if the alterations will affect the Building structure or systems or will be visible from outside the Premises), but which consent shall not be unreasonably withheld (if the alterations will not affect the Building structure or systems and will not be visible from outside the Premises). Upon Landlord's request, Tenant will furnish Landlord plans and specifications for any proposed alterations, additions or improvements and shall reimburse Landlord for its reasonable cost to review such plans. Any alterations, physical additions or improvements shall at once become the property of Landlord; provided, however, Landlord, at its option, may require Tenant to remove any time alterations, additions or improvements (and/or any cabling installed by or on behalf of Tenant) in order to restore the Premises to the condition existing on the Commencement Date. All costs of any such alterations, additions or improvements shall be borne by Tenant. All alterations, additions or improvements must be made in a good, first-class, workmanlike manner and in a manner that does not disturb other tenants (i.e., any loud work must be performed during non-business hours) and Tenant must maintain appropriate liability and builder's risk insurance throughout the term construction. Tenant does hereby indemnify and hold Landlord harmless from and against all claims for damages or death of persons or damage or destruction of property arising out of the performance of any such alterations, additions or improvements made by or on behalf of Tenant. Under no circumstances shall Landlord be required to pay, during the Term of this Lease and any extensions hereofor renewals thereof, any ad valorem or Property tax on such alterations, additions or improvements, Tenant hereby covenanting to make or cause to be made, pay all such taxes when they become due. In the event any alterations, additions, improvements or improvements, or install or cause repairs are to be installed performed by contractors or workmen other than Landlord's contractors or workmen, any trade fixture, signs, floor covering, interior such contractors or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not workmen must first be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenantapproved, in writing, along with by Landlord’s approval notice, . Landlord agrees to assign to Tenant any rights it may have against the contractor of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or with respect to any work performed by said contractor in connection with improvements made by Landlord at the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost request of removing such alterations or additions and the restoration of the PremisesTenant.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. Tenant By entry hereunder, Subtenant acknowledged to have received the demised premise in its “AS IS” condition. No alterations shall be made on any part of said demised premise without the written consent of the Landlord first had and obtained, except as may be hereinafter provided. Subtenant shall give Landlord written notice not less than (5) working days prior to any work or improvements to be preformed by Subtenant to the demised premises thereby permitting Landlord to record and post Notices of Non-Responsibility. All applicable permits, authorizations and governmental approvals shall be obtained before commencement of the alterations, and the alterations shall be completed with due diligence in compliance with the plans and specifications approved by the Landlord. Landlord shall not be required to do any construction whatsoever (save as required by Paragraph 12 hereof) after delivery of possession and shall not be required to install, maintain or repair any fixtures, plumbing or furnishings required by Subtenant in the use of the said premises and in connection with the business or occupations transacted therein, all of which shall be furnished solely by Subtenant. Subtenant agrees to conform to and comply with all laws, ordinances, rules and regulations of Federal, State, County and Municipal authority in the use and occupation and repair of the demised premises and to keep and maintain (expect as hereinafter provided) the demised premises and appurtenances and every part thereof including glazing, interior surface of exterior walls, doors and apputenances to doors, and showcases in good and sanitary order, condition and repair at Subtenant’s sole cost and expense during the entire term of this Lease. Landlord shall, during the term of this Lease, at Landlord’s sole cost and expense, maintain in good condition and repair the roof (including any skylights) of said premises, the exterior walls (other than glazing and doors, door jams, door frames, locks, bolts, door hardware, door closures, or appurtenances), foundations, sub-surface plumbing and sub-surface electrical systems) and the sidewalks surrounding said premises except for damage caused by the wrongful act of Subtenant or its agents and except for lose or damage, the repair of which is Subtenant’s responsibility under Paragraph 5 and Paragraph 12 of this Lease, Landlord shall not, however, be obligated to paint such exterior, nor shall Landlord be required to maintain the interior surface, windows, doors or glass, nor any electrical, plumbing, or other systems installed by Subtenant. Landlord shall have no obligation to make repairs under this Paragraph until a reasonable time after receipt of written notice of the need for such repairs. Subtenant expressly waives the benefits of any statue now or hereafter in effect which would otherwise afford Subtenant the right to make repairs at Landlord’s expense. Subtenant, at Subtenant’s expense, shall have the right to remodel, redecorate, and make additions, improvements and replacements of and to all or any part of the Leased Premises from time to time as Subtenant may deem desirable, provided the same are made in a workmanlike manner and utilizing good quality materials and as prescribed in this paragraph. Subtenant shall have the right to place and install personal property, trade fixtures, equipment and other temporary installations in and upon the Leased Premises, and fasten the same to the premises. All personal property, equipment, machinery, trade fixtures and temporary installations, whether acquired by Subtenant at the commencement of the Sublease Term or placed or installed on the Leased Premises by Subtenant thereafter, shall remain Subtenant’s property free and clear of any claim by Landlord. Subtenant shall have the right to remove the same at any time throughout during the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, Sublease provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any that all damage to the Leased Premises (or the buildings in which the Premises are located) occasioned caused by their installation or such removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premisesshall be repaired by Subtenant at Subtenant’s expense.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. 9.1. Tenant shall have will make no alteration, change, improvement, repair, replacement or addition to the right at any time throughout Leased Premises without the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, consent of Landlord which approval consent shall not be unreasonably withheld or delayed. Upon If Landlord grants such prior written consent, then the expiration of the Initial Term of this Leasework to be done in connection therewith shall be done at Tenant’s sole cost and expense, Tenant shall have the option to remove such alterationsbut by Landlord’s or qualified contractors reasonably approved in advance, decorationsin writing, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord and in a manner and upon terms and conditions and at a time satisfactory to Landlord. In any instance where Landlord grants such consent, Landlord may grant such consent contingent and conditioned upon Tenant’s contractors, laborers, materialmen and others furnishing labor or materials for Tenant’s job working in harmony and not interfering with any labor utilized by Landlord, Landlord’s contractors or mechanics or by any other tenant or such tenant’s contractors or mechanics; and if at any time such entry by one or more persons furnishing labor or materials for Tenant’s work shall remove any signs cause disharmony or interference, the consent granted by Landlord to Tenant may be withdrawn immediately upon notice to Tenant.
9.2. Any and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any all permitted alterations, additions, improvements, non-cosmetic or changes (when made to the Leased Premises by Tenant) shall at once become property of Landlord and shall be surrendered to Landlord upon termination of this Lease by lapse of time or otherwise; provided, however, this clause shall not apply to moveable equipment or furniture owned by Tenant. Tenant hereby expressly waives all rights to any payment or compensation for any alterations, additions, changes or other material changes improvements to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayedLeased Premises. Notwithstanding the foregoingprovision that such alterations, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlordadditions, improvements and changes will remain in the Leased Premises upon termination of this Lease, if Landlord so requests in writing, Tenant, at Tenant’s prior written consent. Minor Alterations, as used hereinsole cost and expense, shall be defined as prior to termination of this Lease, remove any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any and all alterations, additions, improvements, etc.changes, cabling, fixtures and other property placed or installed by Tenant in the Leased Premises and will promptly repair any damages caused by such removal. In the event Tenant fails to remove the aforesaid described property, than Landlord may remove the same and demand from Tenant and Tenant herein agrees to pay cost and expense incurred by Landlord to remove said property. This paragraph shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon survive the termination of this Lease.
9.3. Tenant may remove its trade fixtures, either: (i) remove any such alterations or additions moveable office furniture, and repair any damage equipment not attached to the Premises Building provided:
9.3.1 Such removal is made not later than two (or the buildings in which the Premises are located2) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost days following termination of removing such alterations or additions and the restoration of the Premisesthis Lease.
Appears in 1 contract
Sources: Lease Agreement (INX Inc)
ALTERATIONS AND IMPROVEMENTS. Tenant Lessee shall have not make or allow to be made any alterations, physical additions or improvements in or to the right Expansion Premises beyond the initial tenant improvements, if any, without first obtaining Landlord's written consent, which consent may be granted or withheld in the sole discretion of Landlord. Upon Landlord's request, Lessee will furnish plans and specifications for any proposed alterations, additions or improvements and shall reimburse Landlord for its reasonable costs to review such plans. Any alterations, physical additions or improvements shall at once become the Property of Lessor; provided, however, Lessor, at its sole option may require Lessee to remove any time alterations, additions or improvements in order to restore the Expansion Premises to the condition existing on the Commencement Date. All costs of any such alterations, additions or improvements shall be borne by Lessee. All alterations, additions or improvements must be made in good, first class, workmanlike manner that does not disturb other tenants (i.e.: any loud work must be performed during no-business hours) and Lessee must maintain such liability and builder's risk insurance as Lessor may reasonably require throughout construction. Lessee does hereby indemnify, defend and hold Lessor harmless from and against all claims for damage or destruction of property arising out of the performance of any such alterations, additions or improvements made by or on behalf of Lessee. Under no circumstances shall Lessor be required to pay during the term of this Lease and any extensions hereofor renewals thereof, any ad valorem or Property tax on such alterations, additions or improvements, Lessee hereby covenanting to make or cause to be made, pay all such taxes when they become due. In the event any alterations, additions, improvements or improvements, or install or cause repairs are to be installed performed by contractors or workmen other than Lessor's contractors or workmen, any trade fixture, signs, floor covering, interior such contractors or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant workmen must first be approved in writing by Lessor. Lessor agrees to assign to Lessee any rights it may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon have against the expiration contractor of the Initial Term of this Lease, Tenant shall have the option Expansion Premises with respect to remove such alterations, decorations, additions or any work performed by said contractor in connection with improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon Lessor at the expiration request of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcLessee., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 1 contract
Sources: Lease Agreement (Open Solutions Inc)
ALTERATIONS AND IMPROVEMENTS. Tenant 10.1 Without the prior written consent of Lessor which shall not be unreasonably withheld, conditioned or delayed, Lessee shall not make alterations, additions or improvements in or to the Premises or install and attach fixtures in and to the Premises, except that Lessee, without the prior written consent of Lessor, shall be entitled to make interior alterations, additions or improvements to the Premises not affecting the structure of the Building so long as Lessee (i) delivers to Lessor prior written notice of and a description of such minor interior alterations, additions or improvements, (ii) updates, at Lessee's sole cost and expense, Lessor's as-built plans and specifications of the Premises to reflect such alteration, addition or improvement which costs and expenses shall be at commercially reasonable rates, and (iii) restores the Premises on or before the expiration or earlier termination of the Lease Term to the condition they were prior to such alteration, addition or improvement, unless Lessor shall have agreed that such alterations, additions or improvements need not be removed. As a condition to Lessor's consent to alterations, additions or improvements, with respect to which Lessee is required to obtain Lessor's consent, Lessor may elect that any or all installations made or installed by or on behalf of Lessee be removed at the end of the Lease Term, and, if Lessor so elects, it shall be Lessee's obligation to restore the Premises to the condition they were prior to the alterations, additions, or improvements on or before the expiration or other termination of this Lease. Such removal and restoration shall be at the sole expense of Lessee. All alterations, additions, or improvements made, installed in, or attached to the Premises by Lessee, upon the consent specified above, shall be made at Lessee's expense in a good and workmanlike manner, strictly in accordance with plans and specifications approved by Lessor, all applicable laws, ordinances, regulations, and other requirements of any appropriate governmental authority, and any applicable covenants or other restrictions. Prior to the commencement of any such work, Lessee shall deliver to Lessor certificates issued by insurance companies licensed and registered to operate in the State of Georgia evidencing that workers' compensation insurance and public liability insurance, all in amounts satisfactory to Lessor, are in force and effect and maintained by all contractors and subcontractors engaged by Lessee to perform the work.
10.2 During the Lease Term, Lessee shall keep the Premises free from all liens, rights to liens, or claims of liens of contractors, subcontractors, mechanics, or materialmen for work done or materials furnished to the Property at the request of Lessee. Whenever and so often as any such lien shall attach or claims therefor shall be filed against the Property or any part thereof as a result of work done or materials furnished to the Property at the request of Lessee, Lessee shall, within fifteen (15) days after Lessee has notice of the claim for lien, cause it to be discharged of record, which discharge may be accomplished by deposit or bonding proceedings. If Lessee shall fail to cause the lien to be discharged within the fifteen-day period, then, in addition to any other right at any time throughout or remedy, Lessor may, but shall not be obligated to, discharge it either by paying the term amount claimed to be due or by procuring the discharge of the lien by deposit or bonding proceedings. Any amount so paid by Lessor and all costs and expenses, including, without limitation, attorneys' fees, incurred by Lessor in connection therewith shall constitute additional rent payable by Lessee under this Lease and shall be paid by Lessee in full on demand of Lessor together with interest thereon from the date it was paid by Lessor. Lessee shall not have the authority to subject the interest or estate of Lessor to any extensions hereofliens, rights to make liens, or cause claims of liens for services, materials, supplies, or equipment furnished to be madeLessee, any and all persons contracting with Lessee are hereby charged with notice that they must look to Lessee and to Lessee's interest only to secure payment.
10.3 All alterations, additions, or improvements, or install or cause to be installed any trade fixtureincluding, signsbut not limited to, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awningspartitions, as Tenant may deem necessary or suitable with Landlord’s prior written approvalcounters, and window and floor coverings, which approval shall not may be unreasonably withheld made or delayed. Upon the expiration installed by either of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, parties hereto upon the expiration Premises, irrespective of the Initial Term manner of this Leaseannexation, Tenant if requested by Landlord shall remove any signs and repair any damages to irrespective of which party may have paid the Premises resulting cost thereof, excepting only movable office furniture, shop equipment and other trade fixtures and property of Lessee that may be removed from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without material alteration put in at the prior written approval expense of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used hereinLessee, shall be defined as any alterationsthe property of Lessor, improvements, etc. made to and shall remain upon and be surrendered with the Premises (excluding as a part thereof at the facade thereof) which do not affect the structure of the buildings, their systems expiration or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon other termination of this Lease, either: without disturbance, molestation, or injury. Further, notwithstanding anything contained herein to the contrary, Lessor shall be under no obligation to insure the alterations, additions, or improvements or anything in the nature of a leasehold improvement made or installed by or on behalf of Lessee, or any of the Lessee's licensees, agents, invitees, customers, servants, employees, contractors or subcontractors (i) remove herein collectively called "Lessee Parties"), or any other person, and such alterations improvements shall be on the Premises at the risk of Lessee only.
10.4 In the event Lessor makes any capital investment, major structural repairs or additions and repair any damage improvements in or to the Premises or Building (of which Lessor shall deliver prior notice to Lessee) which are required due to any negligence by Lessee or any of the buildings Lessee Parties or any breach by Lessee of its obligations hereunder, any and all cost and expenses incurred by Lessor in which making the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were madecapital investment, major structural repairs, or (ii) reimburse Landlord for improvements shall constitute additional rent payable by Lessee under this Lease and shall be paid to Lessee in full on demand of Lessor, together with interest thereon from the cost of removing such alterations or additions and the restoration date of the Premisesdemand. The foregoing notwithstanding, if such capital investment relates to a condition, the repair of which is Lessee's responsibility hereunder, Lessor shall not make such repair unless Lessor has given Lessee notice of such repair and Lessee has failed to diligently and in good faith to pursue such repair or fails to complete such repair within thirty (30) days of notice from Lessor.
Appears in 1 contract
Sources: Lease (Melita International Corp)
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at may make (a) cosmetic alterations or improvements (i.e., painting, carpeting, flooring, etc) regardless of cost; (b) any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any other non-structural alterations, additionsadditions or improvements having a cost, when aggregated with all work performed at substantially the same time, of $100,000.00 or improvementsless, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as without Landlord’s prior consent and Tenant may deem necessary make non-structural alterations, additions or suitable improvements having a cost, when aggregated with all work performed at substantially the same time, in excess of $100,000.00, with Landlord’s prior written approvalconsent, which approval consent shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested and then only in accordance with plans and specifications therefor first approved by Landlord (the “Tenant Improvements Plans”), such approval not to be unreasonably withheld. Landlord shall remove any signs review Tenant’s proposed Tenant Improvements Plans and repair any damages shall notify Tenant in writing within fifteen (15) business days after Landlord’s receipt of same as to whether Landlord approves the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, Improvements Plans (which approval shall not be unreasonably withheld withheld, conditioned or delayed). Notwithstanding If Landlord fails to respond to Tenant’s request for review and approval of Tenant’s proposed Tenant Improvements Plans within fifteen (15) business days after receipt of Tenant’s request, Tenant must send a second notice to Landlord, which such second notice must state that it is the foregoingsecond notice to Landlord in connection with Tenant’s request for approval of the Tenant Improvement Plans and that Landlord’s failure to respond to such second notice within five (5) days after receipt thereof shall be deemed Landlord’s approval of the Tenant Improvement Plans. If Landlord fails to respond to Tenant’s second notice within such five (5) day period, the Tenant Improvement Plans shall be deemed approved by Landlord. If Landlord does not approve the Tenant Improvements Plans, such written notice from Landlord to Tenant shall provide Landlord’s specific and detailed comments and suggestions which, if incorporated into the Tenant Improvements Plans, would render the Tenant Improvements Plans acceptable to Landlord. Landlord and Tenant shall cooperate with one another in good faith to reach agreement regarding the Tenant Improvements Plans as soon as practicable. In the event Landlord and Tenant are unable, after complying with the foregoing terms and provisions in this Section 7.02, to reach agreement regarding the Tenant Improvements Plans within ten (10) business days after the date on which Landlord delivers to Tenant Landlord’s specific and detailed comments and suggestions relating to the Tenant Improvements Plans pursuant to this Section 7.02, then until such time as Landlord and Tenant succeed in reaching agreement relative to the Tenant Improvements Plans, either Landlord or Tenant shall be permitted entitled to make Minor Alterations submit the issue(s) in dispute to expedited arbitration in accordance with the terms and provisions of Section 26.21 of the Lease. Landlord hereby approves the plans shown on Exhibit K, attached hereto, and agrees that it will approve the Tenant Improvement Plans as long as such plans are consistent with the attached plans. Without limitation, Landlord may withhold approval of any alterations or additions which would (as defined belowa) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made require unusual expense to readapt the Premises (excluding the facade thereof) which do not affect the structure of the buildingsto normal office, their systems or equipment. If Landlord approves any alterationsresearch and development, additionswarehousing, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, and distribution uses upon termination of this LeaseLease or (b) increase the cost of insurance; provided, either: (i) remove any however, that Landlord shall not be entitled to withhold Landlord’s approval of such alterations or additions for the reasons described in clauses (a) or (b) if Tenant agrees to reimburse Landlord for such unusual expenses or the amount of the increase in the cost of insurance, if any, associated with Tenant’s alterations or additions. Notwithstanding anything to the contrary contained herein, Landlord acknowledges that Tenant, at Tenant’s sole cost, shall have the option to install its own security system in the Building. All of Tenant’s alterations and repair additions and installation of furnishings shall be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not to damage the Building or the Premises or interfere with Building operation and, except for installation of furnishings, shall be performed by general contractors and subcontractors first approved by Landlord, such approval not to be unreasonably withheld. Landlord hereby approves as a general contractor Builders Systems Inc., ▇▇▇ ▇▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇, ▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇ (▇▇▇-▇▇▇-▇▇▇▇. Except for work done by or through Landlord, Tenant before its work is started shall: secure all licenses and permits necessary therefor; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and material to be furnished by them; and cause each contractor to carry workers’ compensation insurance in statutory amounts covering all the contractor’s and subcontractor’s employees and commercial general liability insurance with such limits as Landlord may reasonably require, but in no event less than $1,000,000.00 and property damage insurance with limits of not less than $1,000,000.00 and have deductibles of no more than $5,000.00 (all such insurance to be written by companies approved by Landlord and insuring Tenant and Landlord and its managing agent and its mortgagees, as well as the contractors), and to deliver to Landlord certificates of all such insurance. Tenant agrees to pay promptly when due the entire cost of any work done in the Premises by Tenant, its agents, employees or independent contractors, and not to cause or permit any liens therewith to attach to the Premises and immediately to discharge any such liens which may so attach. All construction work done by Tenant, its agents, employees or independent contractors shall be done in a good and workmanlike manner and in compliance with all Legal Requirements and Insurance Requirements. Promptly after completion of any work, whether or not Landlord’s consent was required, Tenant shall furnish as built plans therefor to Landlord. At or prior to expiration of the Term, Tenant shall remove (or a) all alterations and improvements designated for removal by Landlord at the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially time it approves the same condition as existed and (b) all alterations and improvements not approved by Landlord (including alterations and improvements for which Landlord’s approval was not required) or to which Landlord has objected but have been permitted under Section 26.21 which Landlord shall designate for removal by notice prior to expiration of the time when any Term. Removal shall include restoration of all affected areas to the condition prior to such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premisesimprovements.
Appears in 1 contract
Sources: Lease Agreement (A123 Systems, Inc.)
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant Lessee shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes improvements to the Premises Office Space without the prior written approval of Landlord, which approval the Lessor. Any approved alterations and improvements to the Office Space shall be made at Lessee's sole expense. Lessee shall not be unreasonably withheld or delayed. Notwithstanding allow the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as construction of any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any approved alterations, additions, or improvements to interfere with the operation of the Building. Prior to the commencement of any approved alterations, additions, or improvements, etc.Lessee shall submit to Lessor copies of all necessary permits. Lessor reserves the right of final approval of the contractors hired by Lessee. All alterations, Landlord additions, and improvements, whether temporary or permanent in nature, made in or upon the Office Space, shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shallbe Lessor's property and, upon termination of this Lease, either: (i) shall remain in or on the Office Space without compensation to Lessee. If, however, Lessor shall so request in writing, Lessee will, prior to the termination of this Lease, remove any such alterations and all alterations, additions, and improvements placed or additions installed by Lessee in the Office Space and will repair any damage caused by such removal. All of Lessee's furniture, movable trade fixtures, and equipment not attached to the Premises (Building may be removed by Lessee upon or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were madetermination of this Lease, or (ii) reimburse Landlord for if Lessee so elects. If required by Lessor, Lessee shall remove all furniture, movable trade fixtures, and equipment from the cost of removing such alterations or additions and the restoration Office Space upon termination of the PremisesLease. Any furniture, movable trade fixtures, and equipment not removed upon the termination of this Lease shall, at the option of Lessor, become the property of Lessor.
Appears in 1 contract
Sources: Lease Agreement (National Medical Health Card Systems Inc)
ALTERATIONS AND IMPROVEMENTS. (a) After initially opening the Premises for business, without first obtaining the written approval of Landlord, Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to not make or cause to be mademade to the Premises or the Tenant Utility Facilities any addition, renovation, alteration, reconstruction or change (collectively, “Alterations”) which would result in any alterationsof the following: (i) cost in excess of Ten Thousand Dollars ($10,000.00) in the aggregate, (ii) involve structural changes or additions, (iii) affect the exterior storefront, mechanical systems, fire sprinkler systems, exterior walls, floors, ceilings or improvementsroof of the Premises, are visible from outside of the storefront or install change the design or cause the design elements of the Premises as originally approved by Landlord as part of Tenant’s Work, (iv) involve the erection of a mezzanine or an increase in the size of an existing mezzanine, (v) require or result in any penetration of the roof, demising walls or floor of the Premises or (vi) trigger any legal requirement upon Landlord to be installed make any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written Alteration to the Shopping Center. In the event governmental approval, which approval such as a building permit, is required in connection with any Alterations, then such Alterations shall be constructed in accordance with the provisions of Exhibit C. In such event, Tenant shall undertake the Design Approval Procedure specified in Part 3 of Exhibit C, provided, however, the initial date for delivery of the Preliminary Drawings shall not be unreasonably withheld or delayed. Upon fifteen (15) days from the Lease Date, but shall instead be fifteen (15) days prior to the date Tenant desires to commence the Alterations in question.
(b) Within ninety (90) days after the Commencement Date, Tenant shall submit to Landlord evidence of the book value of Tenant’s leasehold improvements, excluding items removable by Tenant at the expiration of the Initial Term of pursuant to this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages Section 21.8 (to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterationsextent said leasehold improvements were paid for by Tenant, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure evidenced by invoices and proofs of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcpayment)., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 1 contract
Sources: Retail Lease (Yoshiharu Global Co.)
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any no structural alterations, additions, changes or improvements, in, to or install or cause to be installed any trade fixtureabout the Premises, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s without the prior written approval, consent of Landlord which approval shall not be unreasonably withheld withheld, conditioned or delayed. Upon Tenant may, at Tenant's expense, without Landlord's consent but otherwise subject to the expiration of the Initial Term provisions of this LeaseArticle, Tenant shall have the option to remove such make alterations, decorations, additions changes or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, which are non-structural and which do not affect utility service or plumbing or electrical lines. Tenant may make cosmetic changes or other material changes to the Premises without the prior written Landlord’s consent. In making any alterations, changes or improvements, other than cosmetic changes. Tenant shall, subject to Section 2 of this Article, use contractors or mechanics first approved in writing by Landlord. If Landlord shall consent to any structural alteration, change or improvement, working drawings for all work shall be submitted to Landlord for approval before any such work is performed. Promptly after completion of Landlordany alteration, which approval change or improvement (structural or non-structural), Tenant shall not be unreasonably withheld or delayedprovide to Landlord "as built" plans showing all work performed. Notwithstanding Without limiting the foregoing, Tenant all alterations, changes and improvements when completed shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, of such a character so that same shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, eithernot: (i) remove any such alterations or additions and repair any damage to adversely affect the Premises (or value of the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, Premises; or (ii) reimburse Landlord for reduce the cost size of removing such alterations the Premises or additions and the restoration cubic content thereof; or (iii) change the character of the Premises. No alteration, change, or improvement shall be undertaken until Tenant shall have procured and paid for, so far as the same may be required from time to time, all permits and authorizations of the various governmental agencies having jurisdiction thereover, and Landlord agrees to join in the application for such permits or authorizations whenever such action is necessary.
Appears in 1 contract
Sources: Office Lease Agreement (Audible Inc)
ALTERATIONS AND IMPROVEMENTS. Alterations and improvements shall be made by Landlord in accordance with Paragraph 54th. However, alterations or additions may be made by Landlord on the Leased Premises without the prior written consent of Tenant. Any alterations or additions made to the Premises including improvements and alterations made by Tenant with the consent of Landlord shall, at Landlord’s option, become part of the building and belong to Landlord. Any alterations or additions to the Premises consented to by Landlord and made by Tenant, unless designated by Landlord to become part of the realty and Landlord’s property, shall be removed by Tenant and the Leased Premises restored to its previous condition by the expiration of the Lease term. Landlord agrees to designate that property which shall become Landlord’s at least thirty (30) days prior to the expiration of the Lease term. Should Tenant desire to alter the Leased Premises and Landlord gives written consent to such alterations, at Landlord’s option, Tenant shall have contract with Landlord for the right at any time throughout construction of the term of this Lease alterations and any extensions hereofTenant shall pay Landlord the cost, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayedplus a reasonable allowance for overhead and profit. Upon the expiration of or sooner termination of the Initial Term of this Leasetenancy hereby created, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to peaceably surrender the Premises resulting from in broom clean condition, reasonable wear and tear excepted. At such removal. During the termtime, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to surrender all keys for the Premises without to Landlord at the prior written approval place then fixed for the payment of Landlordrent and shall inform Landlord of all combinations on locks, which approval shall not be unreasonably withheld or delayedsafes and vaults, if any, in the Premises. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterationsremove all its trade fixtures, as used hereinphone systems, shall be defined as any alterationsalarm systems, improvementswiring, etc. made to cables and all other similar systems and wiring before surrendering the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord and shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (caused thereby. Only those improvements, modifications or the buildings alterations which Landlord notifies Tenant in which writing Landlord wishes to retain shall not be removed. Any property of Tenant left at the Premises are located) occasioned by their installation at the expiration or removal sooner termination of this Lease shall be deemed abandoned and restore Landlord may dispose of such property without further notice to Tenant and at the Premises sole cost and expense of Tenant. Tenant’s obligation to substantially observe or perform this covenant shall survive the same condition as existed prior to the time when any such alterations expiration or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration other termination of the Premisesterm of this Lease.
Appears in 1 contract
Sources: Lease Agreement (Telvue Corp)
ALTERATIONS AND IMPROVEMENTS. Following the Term Commencement Date, Tenant shall have the right may, at any time throughout its option during the term of this Lease without the written approval of Landlord, move or alter movable partitioning, furnishings, and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or electrical lighting, plumbing fixturesprovided the electrical lighting is not disconnected from its power source, shades or awnings, within the Premises at its sole cost and expense as may be required in Tenant’s sole determination by the business conducted therein. Tenant may deem necessary or suitable with Landlord’s shall not make any other alteration to the Premises without first obtaining the prior written approvalconsent of Landlord, which approval consent shall not be unreasonably withheld or delayed. Upon All such alterations, improvements and replacements which require the prior written consent of Landlord shall remain the property of Tenant and may be removed from the Premises at any time during the term or at the termination of Tenant’s occupancy hereunder, provided that any damage caused by such removal shall be repaired by Tenant. Tenant may at its option elect not to remove any or all of such improvements, installations or replacements in which case the same shall become the property of Landlord upon Tenant’s surrender of the Premises; provided, however, that Landlord may require Tenant to remove any such additions, installations or replacements by written notice from Landlord to Tenant received by Tenant within fifteen (15) days prior to the expiration of the Initial Term term of this LeaseLease if such additions, installations or replacements are structural or substantial. Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided agrees that any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any all alterations, additions, or replacements shall be made in compliance with the building codes and ordinances, laws and regulations applicable to the Premises. Should a building or other permit or permits be required by Tenant to accomplish any improvements, non-cosmetic changes installations or other material changes replacements provided for in this paragraph, Landlord will execute, at Tenant’s expense, any necessary documents which are consistent with the terms of this Lease. With respect to the Premises without the prior written approval any approvals to be given by Landlord or with respect to any supervision which may be required of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoingLandlord under this paragraph, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the PremisesLandlord’s reasonable out-of-pocket expenses.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, (a) Tenant shall not make any alterations, additions, improvements, non-cosmetic changes additions or other material changes improvements to the Premises without Property (the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below"Alterations") without Landlord’s 's prior written consent. Minor Alterations, as used hereinexcept for interior non-structural Alterations which do not exceed $10,000.00 in cost which are not visible from the outside of the Building and which meet all applicable laws and building codes, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) and which do not affect the structure insurability or cost of insuring the Premises. In no event shall Alterations reduce the size of the buildingsBuilding or reduce the value of the Property. Tenant shall submit to Landlord detailed plans and specifications for Alterations requiring Landlord's consent and reimburse Landlord for all reasonable expenses incurred by Landlord in connection with its review thereof. Tenant shall also provide to landlord for its reasonable approval the identity of the contractor Tenant proposes to employ to construct. the Alterations for those Alterations requiring Landlord's consent. All Alterations shall be accomplished in accordance with the following conditions:
(1) Tenant shall procure all governmental permits and authorizations for the Alterations, their systems or equipmentand obtain and provide to Landlord an official certificate of occupancy and/or compliance upon completion of the Alterations, if appropriate.
(2) Tenant shall arrange for extension of its general liability insurance to apply to the construction of the Alterations. If Further, Tenant shall procure and maintain Builders Risk Casualty Insurance in the amount of the full replacement cost of the Alterations and statutory Workers Compensation Insurance covering persons employed in connection with the work.
(3) Tenant shall construct the Alterations in a good and workmanlike manner utilizing materials of quality commensurate with others in the building and in compliance with all laws and governmental regulations.
(b) Upon completion of the Alterations, if Landlord approves any alterationsso requests, additionsTenant shall provide Landlord with "as built" reproducible transparency plans of the Alterations; however, improvements, etcTenant will not be required to provide plans for non-structural alterations which do not require a building permit.,
(c) Alterations shall be the property of Landlord and shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, remain on the Property upon termination of this Leasethe Lease or, either: (i) remove any such alterations if Landlord so requires, a portion of or additions and repair any damage to the Premises (all Alterations shall be removed by Tenant on or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration termination of the PremisesLease and Tenant shall restore the Property to its condition prior to such Alterations, reasonable wear and tear excepted. Landlord will, upon Tenant's request, notify Tenant of those Alterations which must be removed at Lease end.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. Tenant 1) No alterations, additions or improvements shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterationsand no climate regulating, additionsair conditioning, cooling, heating or improvementssprinkler systems, television or install radio antennas, heavy equipment, apparatus or cause to fixtures, shall be installed any trade fixturein or attached to the Demised Premises, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s without the prior written approvalconsent of Landlord, which approval shall not be unreasonably withheld withheld, and the issuance of all required permits from all government agencies having jurisdiction. Except as provided below, all such alterations, additions or delayed. Upon improvements installed in or attached to the Demised Premises shall belong to and become the property of Landlord and be surrendered with the Demised Premises and as a part thereof upon the expiration or sooner termination of this Lease, without hindrance, molestation or injury.
2) Provided that Tenant is not in default of any of the Initial Term terms of this Lease, Tenant shall have the option right to remove such alterationsany trade fixtures which were installed at Tenant’s sole cost and expense; provided, decorationshowever, additions that (i) Tenant shall not remove any equipment, furnishings or improvements made by it, provided any damage mechanical fixtures that are fixed in place and mechanically or electrically connected to the building and/or its systems and (ii)Tenant shall restore the Demised Premises resulting from such removal is repaired. Also, upon to the expiration condition existing prior to the installation of the Initial Term trade fixtures which are removed, reasonable wear and tear excepted. 17th Construction Lien. If any construction, mechanics’ or other liens shall be created or filed against the Demised Premises by reason of labor performed or materials furnished for Tenant in the creation, construction, completion, alteration, repair or addition to any building or improvement, Tenant shall, at Tenant’s sole cost and expense within ten (10) days of filing, cause such lien or liens to be satisfied and discharged of record together with any other liens that may have been filed. Failure to discharge said liens within the aforesaid ten (10) day period shall entitle Landlord to resort to such remedies as are provided herein in the case of any default of this Lease, Tenant if requested in addition to any remedies permitted by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etclaw., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 1 contract
Sources: Lease Agreement (Advaxis, Inc.)
ALTERATIONS AND IMPROVEMENTS. Except for minor, decorative alterations which do not affect the Building structure or systems, are not visible from outside the Premises and do not cost in excess of $10,000.00 in the aggregate, Tenant shall have not make or allow to be made any alterations, physical additions or improvements in or to the right Premises without first obtaining in writing Landlord's written consent for such alterations or additions, which consent may be granted or withheld in the sole, unfettered discretion of Landlord (if the alterations will affect the Building structure or systems or will be visible from outside the Premises), but which consent shall not be unreasonably withheld (if the alterations will not affect the Building structure or systems and will not be visible from outside the Premises). Upon Landlord's request, Tenant will furnish Landlord plans and specifications for any proposed alterations, additions or improvements and shall reimburse Landlord for its reasonable cost to review such plans. Any alterations, physical additions or improvements shall at once become the property of Landlord; provided, however, Landlord, at its option, may require Tenant to remove any time alterations, additions or improvements in order to restore the Premises to the condition existing on the Commencement Date. All costs of any such alterations, additions or improvements shall be borne by Tenant. All alterations, additions or improvements must be made in a good, first-class, workmanlike manner and in a manner that does not disturb other tenants (i.e., any loud work must be performed during non-business hours) and Tenant must maintain appropriate liability and builder's risk insurance throughout the term construction. Tenant does hereby indemnify and hold Landlord harmless from and against all claims for damages or death of persons or damage or destruction of property arising out of the performance of any such alterations, additions or improvements made by or on behalf of Tenant. Under no circumstances shall Landlord be required to pay, during the Term of this Lease and any extensions hereofor renewals thereof, any ad valorem or Property tax on such alterations, additions or improvements, Tenant hereby covenanting to make or cause to be made, pay all such taxes when they become due. In the event any alterations, additions, improvements or improvements, or install or cause repairs are to be installed performed by contractors or workmen other than Landlord's contractors or workmen, any trade fixture, signs, floor covering, interior such contractors or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not workmen must first be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenantapproved, in writing, along with by Landlord’s approval notice, . Landlord agrees to assign to Tenant any rights it may have against the contractor of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or with respect to any work performed by said contractor in connection with improvements made by Landlord at the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost request of removing such alterations or additions and the restoration of the PremisesTenant.
Appears in 1 contract
Sources: Lease Agreement (Emageon Inc)
ALTERATIONS AND IMPROVEMENTS. Except for minor, decorative alterations which do not affect the Building structure or systems, are not visible from outside the Premises and do not cost in excess of $25,000.00 in the aggregate, Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to not make or cause allow to be made, made any alterations, physical additions or improvements in or to the Premises without first obtaining in writing Landlord’s written consent for such alterations or additions, which consent may be granted or improvementswithheld in the sole, unfettered discretion of Landlord (if the alterations will affect the Building structure or install systems or cause to will be installed any trade fixturevisible from outside the Premises), signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, but which approval consent shall not be unreasonably withheld (if the alterations will not affect the Building structure or delayedsystems and will not be visible from outside the Premises). Upon Landlord’s request, Tenant will furnish Landlord plans and specifications for any proposed alterations, additions or improvements and shall reimburse Landlord for its reasonable cost to review such plans. Tenant shall bear responsibility for compliance with all applicable laws, ordinances, the expiration CC&R’s and governmental approvals, for obtaining the approval of the Initial Term association or architectural committee governing the Building, and for complying with any other requirements of this LeaseMission Industrial Park, the City of Fremont or the County of Alameda (the compliance with which, including the procurement of all necessary permits and licenses, is Tenant’s responsibility). Any alterations, physical additions or improvements shall at once become the property of Landlord; provided, however, Landlord, at its option, may require Tenant shall have the option to remove any alterations, additions or improvements in order to restore the Premises to the condition existing on the Commencement Date. All costs of any such alterations, decorationsadditions or improvements shall be borne by Tenant. All alterations, additions or improvements must be made in a good, first-class, workmanlike manner and, if the Building is multi-tenanted in the future, in a manner that does not disturb other tenants (i.e., any loud work must be performed during non-business hours) and Tenant must maintain appropriate liability and builder’s risk insurance throughout the construction. Tenant does hereby indemnify and hold Landlord harmless from and against all claims for damages or death of persons or damage or destruction of property arising out of the performance of any such alterations, additions or improvements made by itor on behalf of Tenant. Under no circumstances shall Landlord be required to pay, provided any damage to Premises resulting from such removal is repaired. Also, upon during the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from ad valorem or Property tax on such removal. During the termalterations, additions or improvements, Tenant shall not make hereby covenanting to pay all such taxes when they become due. In the event any alterations, additions, improvements, non-cosmetic changes improvements or repairs are to be performed by contractors or workmen other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without than Landlord’s prior written consent. Minor Alterationscontractors or workmen, as used herein, shall any such contractors or workmen must first be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenantapproved, in writing, along with by Landlord’s approval notice, . Landlord agrees to assign to Tenant any rights it may have against the contractor of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (with respect to any work performed by said contractor in connection with improvements made by Landlord at the request of Tenant. Upon the completion of any alterations, additions or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for improvements the cost of removing such alterations or additions and which is in excess of $25,000.00, Tenant agrees to cause a Notice of Completion to be recorded in the restoration office of the PremisesRecorder of Alameda County in accordance with Section 3093 of the Civil Code of the State of California or any successor statute.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. (a) The Tenant may make alterations or improvements to the Premises provide that the same do not affect any structural components of the Building or the Premises provided that any such alteration or improvement shall (i) not change the general character of the Premises, or reduce the fair market value thereof below its value immediately before such alteration or addition, or impair the usefulness of the Premises; (ii) is effected with due diligence, in a good and workmanlike manner and in compliance with all Legal Requirements; and (iii) is promptly and fully paid for by the Tenant. The Landlord's failure to object to a written notice from the Tenant requesting the Landlord's consent to any alterations or improvements that do affect structural components, within 15 days of such request, shall constitute an approval of the same. On expiration or earlier termination of this Lease, the Tenant shall have the right to remove any improvements, alterations, trade fixtures, furniture, machinery and equipment installed within the Premises by and at the expense of the Tenant, provided that the Tenant shall repair any time throughout damage caused to the term Premises or the Building in effecting such removal, and provided, further, that the Tenant shall not have the right so to remove any structural component, partition, or any portion of the HVAC, plumbing, electrical or mechanical systems.
(b) All improvements, alterations, trade fixtures, furniture, machinery and equipment of the Tenant located at the Leased Premises 30 days following expiration or earlier termination of this Lease shall be considered abandoned by the Tenant and any extensions hereofmay be appropriated, to make or cause to be madesold, any alterations, additionsdestroyed, or improvementsotherwise disposed of by the Landlord without obligation to account therefor, and the Tenant will pay the Landlord, upon demand, all reasonable costs and expenses incurred by the Landlord in removing, storing or install or cause to be installed disposing of any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 1 contract
Sources: Lease Agreement (Langer Inc)
ALTERATIONS AND IMPROVEMENTS. (a) Subject in each case to the requirements of Paragraph 13(b), Tenant shall have the right, without having obtained the prior written consent of Landlord or Lender and provided that no Event of Default then exists, (i) to make Pre-Approved Alterations and (ii) to install or replace Fixtures or accessions to the Fixtures. If Tenant desires to make any Major Alteration to any Related Premises the prior written approval of Landlord and Lender shall be required. Withholding of such approval shall be deemed reasonable only if the proposed Major Alteration will, in the judgment of Landlord or Lender, as applicable, in each case exercised reasonably and in good faith, fail to meet the requirements of Paragraph 13(b). Any such withholding of approval shall be evidenced by notice to Tenant, given within thirty (30) days after Tenant has submitted to Landlord design drawings prepared by a licensed architect or engineer if a building permit is required, or, if no building permit is required, such other reasonably detailed description of the proposed Major Alteration, which shall be sufficient to permit Landlord and Lender to make the determination required hereby, setting forth the reason(s) for such withholding of approval. Tenant shall promptly furnish Landlord with such other information as Landlord may reasonably request during such thirty (30) day period regarding such proposed Major Alteration. In the absence of such notice by Landlord or Lender, Landlord and Lender's approval of the proposed Major Alteration shall be deemed given so long as Tenant's request for approval is conspicuously marked in all capitals on both the outside of the package and within such correspondence with the notation "THIS REQUEST FOR APPROVAL SHALL BE DEEMED GRANTED UNLESS RESPONDED TO WITHIN THIRTY (30) DAYS OF RECEIPT". Upon not less than thirty (30) days prior notice (which notice shall include design drawings or other description sufficient to permit Landlord and Lender to make the determination required hereby), Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make Major Replacements unless, within said thirty (30) day period, Landlord furnishes Tenant with a notice objecting to the Major Replacement, which Landlord notice shall be accompanied by the certification of an independent architect or, if applicable, engineer that the proposed Major Replacement constitutes a material modification of the structure it is replacing (and, therefore, constitutes a Major Alteration) or cause such Major Replacement, if completed in the manner proposed, will be of such lesser quality or utility as to be made, below any alterations, additions, reasonable standards for comparable buildings in the applicable locale. Tenant shall not construct upon the Land any additional buildings (other than storage sheds or improvements, garages not requiring foundations) or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s underground storage tanks without having first obtained the prior written approval, consent of Landlord and Lender which approval shall not as to underground storage tanks may be unreasonably withheld by Landlord or delayedLender in their sole and absolute discretion. Upon the expiration or termination of the Initial Term with respect to a Related Premises, Landlord shall have the right to require Tenant to remove any Alterations except for Pre-Approved Alterations which complied with Paragraph 13(b), Major Replacements, Alterations required by Law and Alterations which Landlord approved in writing, unless such approval was specifically conditioned upon removal of such Alteration.
(b) If Tenant makes any Alterations pursuant to this Paragraph 13 or as required by Paragraph 12 or 17 (such Alterations and actions being hereinafter collectively referred to as "Work"), then (i) the market value and utility of the applicable Related of Premises shall not be lessened by any such Work, (ii) all such Work shall be performed by Tenant in a good and workmanlike manner, (iii) all such Work shall be expeditiously completed in compliance with all Legal Requirements, (iv) all such Work shall comply with the requirements of all insurance policies required to be maintained by Tenant hereunder, (v) if any such Work involves the replacement of Fixtures or parts thereto, all replacement Fixtures or parts shall have a value and useful life equal to (A) if the Fixtures are being replaced because they are obsolete or worn out, the value and useful life on the date hereof of the Fixtures being replaced or (B) if the Fixtures are being replaced because of damage or the occurrence of a Casualty, the value and useful life of the Fixtures being replaced immediately prior to the occurrence of the event which required its replacement (assuming such replaced Fixtures were then in the condition required by this Lease), (vi) subject to Paragraph 14, Tenant shall promptly discharge or remove all liens filed against any of the Leased Premises arising out of such Work, (vii) Tenant shall procure and pay for all permits and licenses required in connection with any such Work, (viii) all such Work shall be the property of Landlord and shall be subject to this Lease, and Tenant shall have execute and deliver to Landlord any document requested by Landlord evidencing the option assignment to remove Landlord of all estate, right, title and interest (other than the leasehold estate created hereby) of Tenant or any other Person thereto or therein, (ix) if any such alterationsAlterations are Major Alterations or Major Replacements, decorations, additions or improvements made by it, provided any damage Tenant shall provide to Premises resulting from such removal is repaired. Also, upon the expiration Landlord reasonable financial assurances of the Initial Term availability of funds necessary to complete such Alterations and (x) Tenant shall comply, to the extent requested by Landlord or required by this Lease, Tenant if requested by Landlord shall remove any signs with the provisions of Paragraphs 12(a) and repair any damages to the Premises resulting from 19(a), whether or not such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the Work involves restoration of the Leased Premises.
Appears in 1 contract
Sources: Lease Agreement (Corporate Property Associates 15 Inc)
ALTERATIONS AND IMPROVEMENTS. Tenant shall have not make any alterations or improvements in or to the right Premises without the written consent of Landlord, provided, however, Tenant may make alterations to the Premises in amounts less than $5,000 upon prior written notice to Landlord. Notice must provide specific detail as to the budget and scope of work and must also include copies of insurance certificates, licenses for contractors, and any and all approved building permits required. At the time Landlord receives such notice or a request for consent to any improvements in excess of $5,000, Landlord shall inform Tenant in writing whether or not such particular improvements are to be removed at the termination of this Lease or are to remain in the Premises. If required by Landlord, such improvements or alterations shall be performed by Landlord, at the cost of Tenant, provided that such cost is competitive. Any approved alteration or improvement shall be done by contractors approved by Landlord (such approval not to be unreasonably withheld) and in a good and workmanlike manner and in a manner so that the structural integrity of the Building shall not be impaired. Tenant shall obtain all necessary permits and, at Landlord's option, shall submit to Landlord architectural renderings and insurance and lien waivers to Landlord required by Landlord. Upon the making of such alterations or improvements the same shall become the property of Landlord; provided, however, that, at its option, Landlord may, on the termination of this Lease require that Tenant remove the same at no expense to Landlord and repair any time throughout damage caused by such removal and that the Premises shall be left by Tenant in the condition that the Premises were in at the commencement of the term of this Lease Lease, ordinary wear and tear excepted. Tenant shall comply with all governmental requirements; including but not limited to building, electrical and plumbing codes. All work performed shall be done in such a manner as not to disturb or disrupt the operation of the Park or of any extensions hereofother occupants in the Park. Following completion of any changes, to make or cause to be made, any alterations, additions, additions or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have furnish Landlord with current "as-built" drawings and specifications for the option to remove Premises reflecting such alterations, decorationschanges, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from Premises. Any increase in the Real Estate Taxes or insurance premiums on the Park attributable to such removal. During the termchange, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes addition or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant improvements shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcpaid by Tenant., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. ▇. ▇▇▇▇▇▇ acknowledges that Landlord owns the Building(s). Tenant shall have accepts the right at any time throughout Building(s) from Landlord in its "as is" conditions, the term conditions that exist as of the Effective Date of this Lease Lease. Tenant acknowledges that Landlord makes no representation or warranty concerning (i) the physical condition of the Building(s); (ii) the Property's suitability for Tenant's proposed use; or (iii) the presence of any Hazardous Substance in or about the Property or the Building(s), except as otherwise expressly set forth in this Lease. Landlord has encouraged Tenant to make its own physical inspection of all aspects of the Property and any extensions hereof, the Building(s) and to conduct its own investigation as to the suitability of the Property and the Building(s) for Tenant's use.
B. If Tenant proposes to make or cause to be made, construct any alterations, additionsimprovements, additions or fixtures that affect any portion of the Property or any structures located on the Property that are allowed under an existing use permit, Tenant shall first provide the Landlord with thirty (30) days prior written notice. If Landlord raises no objections within thirty (30) days after receipt of such notice, Tenant may proceed, provided Tenant obtains all required permits. Tenant shall not attach any fixture or item of equipment to the Building without ▇▇▇▇▇▇▇▇'s prior written consent. All such alterations, additions or improvements shall be made at Tenant's sole expense in accordance with Landlord's General Design Requirements (if any) and the plans and specifications (including specifications for materials to be used in connection therewith) and a statement of the estimated cost of such work submitted to and approved by Landlord (collectively the "Plans and Specifications"). If the cost thereof exceeds $15,000 for any single instance, or improvementsif the proposed work involves the Building structure or utility systems, any contractor or install person selected by Tenant to make the same shall first be approved by Landlord. Landlord, in its sole discretion, shall approve or cause disapprove Tenant's request and may disapprove Tenant's use of any materials or substances, including but not limited to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approvalasbestos and fiber glass, which approval Landlord, in its sole discretion, deems potentially hazardous, toxic or threatening to health. To the extent that ▇▇▇▇▇▇'s work shall require a building permit or other permits from the City of Berkeley, Bay Conservation and Development Commission ("BCDC") and/or any other governmental agency, Tenant shall not be unreasonably withheld or delayedperform any of Tenant's Work until ▇▇▇▇▇▇ has obtained all requisite permits. Upon Tenant further shall comply with all prevailing wage requirements of California Labor Code Sections 1720 et seq.; to the expiration of the Initial Term of extent, such requirements are applicable to Tenant's work.
C. Except as otherwise expressly provided in this Lease, Tenant shall have not repair, replace, or modify any utility system located within the option to remove such alterations, decorations, additions or improvements made by it, provided Building without the Landlord's prior written consent. Tenant is responsible for the repair of any damage to Premises resulting from such removal is repaired. Alsoany utility system, upon the expiration structural element of the Initial Term Building(s), facilities of this LeaseLandlord or any other facilities arising out of Tenant's construction activities or Tenant's negligence or willful misconduct; provided, Tenant if requested by Landlord shall remove any signs however, such provision is not intended to and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not be interpreted to make any alterationsother person or entity a third party beneficiary thereof.
D. This Lease specifically prohibits Tenants, additionsor any other party, improvementsfrom expanding uses or structures allowed on the Property beyond those designated in use permits approved by the City of Berkeley. Notwithstanding approval of any new Use Permit allowing expansion, non-cosmetic changes or other material changes any future expansion of the uses in existing buildings, or additions to existing buildings or docks, or construction of any new buildings or docks, or moving existing buildings onto the Premises without Property, are all subject to the prior written approval of Landlordthe Landlord and all improvements are subject to the environmental review and permit regulations and approvals of same by all applicable local, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoingstate, and federal agencies.
E. Except for Exhibit “C” Improvements, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterationsnot substantially deface or change any floors, as used hereinwalls, shall be defined as ceilings, roofs, or partition any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems structures or equipmentimprovements on the Property without first providing thirty (30) days written notice to Landlord. If Landlord approves raises no objections within thirty (30) days after receipt of such notice, Tenant may proceed, provided Tenant obtains all required permits. Except as may be specifically approved in writing by Landlord, Tenant shall require all contractors to provide a labor and materials bond for the full amount of any contract for improvements that exceed $50,000. Tenant shall pay, when due, all sums of money that may be due or become due for any labor, services, materials, supplies or equipment furnished to or for Tenant, in, at, upon or about the Property and which may be secured by any mechanic's, material men’s or other lien against the Property or ▇▇▇▇▇▇▇▇'s interest therein.
F. All alterations, additions, improvements, etc., improvements or additions that are now or in the future attached permanently to the Property shall be the Property of Landlord and shall notify Tenant, in writing, along remain with Landlord’s approval notice, of whether Tenant shall, upon the Property at the termination of this Lease, either: except that Landlord can elect within thirty (i30) days of the termination of the Lease to require Tenant, at its cost, to remove any such alterations or additions and repair any damage equipment that Tenant has affixed to the Premises Property.
▇. ▇▇▇▇▇▇ agrees that to the extent it is required to comply with the prevailing wage requirements, Tenant shall assure that all workers are paid the prevailing rate of per diem wages, and travel and subsistence payments (defined in applicable collective bargaining agreements filed in accordance with Section 1773.8 of the California Labor Code), in effect on the date of Landlord's first approval of a building permit or other approval of the work. Copies of the applicable prevailing rate of per diem wages are on file at Landlord's principal office and will be made available to any interested party on request. ▇▇▇▇▇▇ agrees to post a copy of the prevailing rate of per diem wages at the Property. Tenant, as a penalty to Landlord, shall forfeit Twenty-Five Dollars ($25) for each calendar day, or portion thereof (or such other sum as specified from time to time by Section 1775 of the buildings California Labor Code), for each worker paid less than the applicable prevailing rates for such work or craft in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing worker is employed. The difference between such alterations or additions prevailing wage rates and the restoration of amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the Premisesprevailing wage rate shall be paid to each worker by Tenant.
Appears in 1 contract
Sources: Lease Agreement
ALTERATIONS AND IMPROVEMENTS. Tenant shall have not, without the right at prior written consent of Landlord, make any time throughout structural, electrical, mechanical or plumbing alterations, improvements or additions to the term Premises (hereinafter referred to as a "Change"). If Landlord consents to a Change it may impose such conditions with respect thereto as Landlord reasonably deems appropriate, including without limitation, requiring Tenant to furnish insurance against liabilities which may arise out of this Lease such work and any extensions hereof, the plans and specifications together with all necessary permits for such Change. The work necessary to make the Change shall be done at Tenant's expense by employees or cause contractors reasonably approved by Landlord and compatible with the employees then working in the Building. Tenant shall promptly pay, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to be madeLandlord an amount sufficient to reimburse Landlord for all actual, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable out of pocket expenses arising from Landlord's involvement with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayedsuch work. Upon completion of such work, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall defend and hold Landlord and the expiration Building harmless from all costs, damages and liens and expenses related to such work. In connection with such work Tenant shall never be deemed an agent of Landlord. All work done by Tenant or its contractors shall be done in a first class workmanlike manner using only good grades of materials and shall comply with all applicable codes, rules and regulations, union and insurance requirements. Any Change shall (without compensation to Tenant) become Landlord's property at the termination of the Initial Term Term, and shall, unless Landlord conditions Landlord's consent to the Change upon the removal of the Change at the termination or expiration of this Lease, Tenant shall have the option be relinquished to remove such alterationsLandlord in good condition, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcordinary wear excepted., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 1 contract
Sources: Office Lease (Stereotaxis, Inc.)
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes improvements to the Leased Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s 's prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any Any and all alterations, additions, improvements, etc., or improvements approved by the Landlord shall notify and made by the Tenant, in writing, along with Landlordat Tenant’s approval notice, of whether Tenant shallsole cost and expense, upon the Leased Premises shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease, either: (i) provided, however, upon the termination or expiration of this Lease, Tenant shall immediately notify Landlord in writing of whether or not it intends to remove any of its playground equipment from the Leased Premises. If Tenant intends to remove such alterations playground equipment from the Leased Premises, as specified in the above notice requirement, it must do so at its sole cost and expense and complete such removal within sixty (60) days of the termination or additions expiration of the Lease Term. Landlord shall have the option, upon the expiration or sooner termination of this Lease, to require the Tenant to remove certain or all of the improvements from the Leased Premises. In that event, Tenant must do so at its sole cost and repair expense and complete such removal within sixty (60) days of the termination or expiration of the Lease Term. Upon removal of any damage to the Premises (or the buildings in which the Premises are located) occasioned improvements by their installation or removal Tenant, Tenant shall, at its sole cost and expense, restore the Leased Premises to substantially its original condition at the same condition as existed prior to the time when any beginning of this Lease. All such alterations or additions were madealterations, improvements, or (ii) reimburse Landlord for the cost of removing such alterations or additions physical changes shall be done at Tenant's sole expense and the restoration of the Premisesshall be performed in a good and workmanlike manner by a reputable contractor.
Appears in 1 contract
Sources: Lease Agreement
ALTERATIONS AND IMPROVEMENTS. Except for minor, decorative alterations which do not affect the structural, exterior or roof elements of the Property or the mechanical, electrical, plumbing or life safety systems of the Property, are not visible from outside the Premises and do not cost in excess of $25,000.00 in the aggregate, Tenant shall have not make or allow to be made any alterations, physical additions or improvements in or to the right Premises without first obtaining in writing Landlord’s written consent for such alterations or additions, which consent shall not be unreasonably withheld unless such alterations will affect the structural, exterior or roof elements of the Property or the mechanical, electrical, plumbing or life safety systems of the Property or will be visible from outside the Premises. Upon Landlord’s request, Tenant shall deliver to Landlord plans and specifications for any proposed alterations, additions or improvements and shall reimburse Landlord for Landlord’s reasonable cost to review such plans. Any alterations, physical additions or improvements shall at once become the property of Landlord; provided, however, that, Landlord, at its option, may require Tenant to remove any alterations, additions or improvements in order to restore the Premises to the condition existing on the Commencement Date. Notwithstanding the foregoing to the contrary, if Tenant desires permission to leave a specific alteration in the Premises at the expiration or earlier termination of the Lease, Tenant shall request such permission from Landlord in writing at the time Tenant requests approval for such alteration and Landlord shall advise Tenant in writing at the time of Landlord’s approval of the subject alteration whether Landlord will require the removal of the alteration at the expiration or earlier termination of this Lease. All costs of any such alterations, additions or improvements shall be borne by Tenant. All alterations, additions or improvements shall be made in a good, first-class, workmanlike manner and in a manner that does not disturb other tenants, if any, and Tenant must maintain adequate liability and builder’s risk insurance throughout the term construction. Tenant does hereby indemnify and hold Landlord harmless from and against all claims for damages or death of persons or damage or destruction of property arising out of the performance of any such alterations, additions or improvements made by or on behalf of Tenant. Under no circumstances shall Landlord be required to pay, during the Term of this Lease and any extensions or renewals hereof, any ad valorem or Property tax on such alterations, additions or improvements, Tenant hereby covenanting to make or cause to be made, pay all such taxes when they become due. In the event any alterations, additions, improvements or improvements, or install or cause repairs are to be installed any trade fixture, signs, floor covering, interior performed by contractors or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with workmen other than Landlord’s prior written approvalcontractors or workmen, any such contractors or workmen must first be approved, in writing, by Landlord (which approval shall not be unreasonably withheld or delayedwithheld). Upon Landlord agrees to assign to Tenant any rights Landlord may have against the expiration contractor of the Initial Term of this Lease, Tenant shall have the option Premises with respect to remove any work performed by such alterations, decorations, additions or contractor in connection with improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon Landlord at the expiration request of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcTenant., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. Except for minor, decorative alterations which do not affect the Building structure or systems, are not visible from outside the Premises, Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to not make or cause allow to be made, made any alterations, physical additions or improvements in or to the Premises without first obtaining in writing Landlord's written consent for such alterations or additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval consent shall not be unreasonably withheld withheld. Landlord and Tenant anticipate that Tenant shall make alterations to the Premises (the "Initial Tenant Improvements"). Tenant will furnish Landlord plans and specifications for any proposed alterations, additions or delayed. Upon the expiration of improvements, including the Initial Term Tenant Improvements. All costs of this Lease, Tenant shall have the option to remove any such alterations, decorationsadditions or improvements shall be borne by Tenant. All alterations, additions or improvements must be made in a good, first-class, workmanlike manner, and Tenant must maintain appropriate liability and builder's risk insurance throughout the construction. Tenant does hereby indemnify and hold Landlord harmless from and against all claims for damages or death of persons or damage or destruction of property arising out of the performance of any such alterations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repairedor on behalf of Tenant. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any Any alterations, additions, improvements, non-cosmetic changes improvements or other material changes repairs that are subject to the Premises without the prior written Landlord's approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used hereinprovided above, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenantperformed by a bonded licensed general contractor approved, in writing, along with by Landlord (such approval not to be unreasonably withheld). Landlord’s approval notice's interest in the real property encumbered hereby shall not be subject to liens or improvements made by the Tenant. Tenant shall notify the contractor making any improvements, of whether this provision, and the knowing or willful failure of the Tenant to provide such notice to the contractor shall, upon termination of this Leaseas provided by Fla. Stat. 713.10, either: (i) remove any such alterations or additions and repair any damage to render the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions contract between Tenant and the restoration contractor voidable at the option of the PremisesContractor. The Landlord's interest shall not be subject to liens for improvements made by Tenant and Tenant agrees to execute a short form lease agreement in recordable form which shall be recorded in the Public Records of Broward County, Florida, expressly prohibiting such liability.
Appears in 1 contract
Sources: Lease Agreement (Odimo INC)
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions no alterations or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord and Landlord's mortgagee, if any, which approval shall will not be unreasonably withheld or delayed. Notwithstanding delayed so long as the foregoingalterations or improvements (a) are not visible from the exterior of the Building, Tenant shall be permitted to make Minor Alterations (as defined belowb) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure mechanical, electrical, HVAC, life safety or other Building operating systems, (c) do not affect the structural components of the buildingsBuilding or require penetration of the floor or ceiling of the Premises, their systems (d) do not involve the use or equipmentdisturbance of any hazardous or toxic materials, and (e) are not prohibited by any Landlord Rules and Regulations set forth in Schedule 2. If Any such alterations or improvements by Tenant shall be done in a good and workmanlike manner, at Tenant's expense, by a licensed contractor approved by Landlord approves any alterations, additions, improvements, etc., and in conformity with plans and specifications approved by Landlord. Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove have the right to supervise any such alterations or additions and repair any damage to the Premises (or the buildings improvements, in which event Tenant shall pay to Landlord on demand a fee for such supervision in an amount equal to three percent (3.0%) of the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any cost of such alterations or additions were madeimprovements (including all "soft costs"). If requested by Landlord, Tenant will post a bond or other security reasonably satisfactory to Landlord to protect Landlord against liens arising from work performed for Tenant. Landlord's approval of plans and specifications for Tenant's alterations or improvements shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with applicable laws, rules and regulations. Notwithstanding anything contained herein to the contrary, Tenant may perform alterations to the interior of the Premises without Landlord's prior written consent, provided such alterations are not of the type described above in (iia) reimburse through (e), and do not cost more than five thousand dollars ($5,000.00) in any calendar year, and further provided that Tenant gives Landlord prior written notice of such alterations (including plans showing any alterations affecting walls or other structures within the Premises), and further provided that such alterations (and the performance thereof) shall otherwise be in compliance with the provisions of this Section (except for the cost requirement of removing Landlord's consent). If the alteration consists solely of carpeting and repainting, Landlord shall not charge Tenant a supervisory fee for such alterations or additions and the restoration of the Premisesalteration.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon At the expiration of the Initial Term or earlier termination of this Lease, Tenant shall have deliver up the option Premises with all improvements located thereon (including all mechanical, plumbing and HVAC systems) in good repair and condition, reasonable wear and tear excepted and also excepting any casualty to the extent Landlord is adequately and sufficiently compensated therefor by means of available insurance proceeds, and shall deliver to Landlord all keys to the Premises. Tenant shall also remove such alterations, decorations, additions or improvements made by it, provided any damage all trash and debris from the Premises and leave same in a "broom clean " condition. The cost and expense repairs necessary to Premises resulting from such removal is repaired. Also, upon restore the expiration condition of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages Premises to the Premises resulting from such removalcondition in which they are to be delivered to Landlord according to the immediately preceding sentence shall be borne by Tenant. During the term, Tenant shall will not make or allow to be made any alterations, additions, improvements, non-cosmetic changes alterations or other material changes physical additions in or to the Premises without the prior written approval consent of Landlord, which approval consent shall not be unreasonably withheld as to interior, cosmetic, non-structural alterations. All alterations, additions or delayed. Notwithstanding improvements (whether temporary or permanent in character) made in or upon the foregoingPremises, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used hereineither by Landlord or Tenant, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems Landlord's property on expiration or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon earlier termination of this Lease, either: (i) remove any such alterations or additions Lease and repair any damage to shall remain on the Premises (without compensation to Tenant. All furniture, movable trade fixtures and equipment installed by Tenant may be removed by Tenant at me expiration or earlier termination of this Lease if Tenant so elects, and shall be so removed if required by Landlord, or if not so removed shall, at the option of Landlord, become the property of Landlord. All such installations, removals and restoration shall be accomplished in a good, workmanlike manner so as not to damage the Premises or the buildings in which the Premises are located) occasioned by their installation primary structure or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration structural qualities of the PremisesBuilding, the other improvements or the plumbing, electrical lines or other utilities.
Appears in 1 contract
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereofright, subject to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any non-structural alterations, additions, or improvements (hereinafter collectively referred to as “improvements, non-cosmetic changes or other material changes ”) to the Premises without interior of the prior written approval of LandlordDemised Premises. Said improvements and additions shall be accomplished at Tenant’s sole cost and expense and shall be made in compliance with all applicable building codes and ordinances, which approval shall not be unreasonably withheld or delayedlaws, and regulations applicable to the Demised Premises. Notwithstanding the foregoing, Tenant shall cause all improvements to be permitted accomplished in a good workmanlike manner using the same quality and finish to make Minor Alterations (as defined below) without Landlordmatch existing. Landlord shall have the right, but not the obligation to require Tenant’s prior written consent. Minor Alterationsremoval of said improvements at the expiration or termination of the Lease, as used hereinincluding restoration ofthe Demised Premises, shall be defined as any alterationsto its original state of improvement, improvementsconfiguration, etc. made to Tenant shall keep the Premises free from any liens arising out of any work performed, material furnished or obligation incurred by or for Tenant or any person or entity claiming through or under Tenant. In the event that Tenant shall not, within thirty (excluding 30) days following the facade thereof) which do not affect imposition of any such lien, cause the structure same to be released by payment or posting of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc.a bond, Landlord shall notify have the right, but not the obligation, to cause such lien to be released by such means as Landlord deems proper, including payment of the claim giving rise to such lien. All such sums paid and all expenses incurred by Landlord in connection therewith shall be due and payable to Landlord by Tenant as additional rent within fifteen (15) days of Tenant, in writing, along with ’s receipt of Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premisesinvoice.
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ALTERATIONS AND IMPROVEMENTS. A. Tenant shall have acknowledges that Landlord owns the right at any time throughout Building(s). Tenant accepts the term Building(s) from Landlord in its "as is" conditions, the conditions that exist as of the Effective Date of this Lease Lease. Tenant acknowledges that Landlord makes no representation or warranty concerning (i) the physical condition of the Building(s); (ii) the Property's suitability for Tenant's proposed use; or (iii) the presence of any Hazardous Substance in or about the Property or the Building(s), except as otherwise expressly set forth in this Lease. Landlord has encouraged Tenant to make its own physical inspection of all aspects of the Property and any extensions hereof, the Building(s) and to conduct its own investigation as to the suitability of the Property and the Building(s) for Tenant's use.
B. If Tenant proposes to make or cause to be made, construct any alterations, additionsimprovements, additions or fixtures (“Alterations”) that affect any portion of the Property or any structures located on the Property that are allowed under an existing use permit, Tenant shall first provide the Landlord with thirty (30) days prior written notice. If Landlord raises no objections within thirty (30) days after receipt of such notice, Tenant may proceed, provided Tenant obtains all required permits. Tenant shall not attach any fixture or item of equipment to the Building without Landlord's prior written consent. All such Alterations shall be made at Tenant's sole expense in accordance with Landlord's General Design Requirements (if any) and the plans and specifications (including specifications for materials to be used in connection therewith) and a statement of the estimated cost of such work submitted to and approved by Landlord (collectively the "Plans and Specifications"). If the cost thereof exceeds $15,000 for any single instance, or improvementsif the proposed work involves the Building structure or utility systems, any contractor or install person selected by Tenant to make the same shall first be approved by Landlord. Landlord, in its sole discretion, shall approve or cause disapprove Tenant's request and may disapprove Tenant's use of any materials or substances, including but not limited to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approvalasbestos and fiber glass, which approval Landlord, in its sole discretion, deems potentially hazardous, toxic or threatening to health. To the extent that Tenant's work shall require a building permit or other permits from the City of Berkeley, Bay Conservation and Development Commission ("BCDC") and/or any other governmental agency, Tenant shall not be unreasonably withheld or delayedperform any of Tenant's Work until Tenant has obtained all requisite permits. Upon Tenant further shall comply with all prevailing wage requirements of California Labor Code Sections 1720 et seq.; to the expiration of the Initial Term of extent, such requirements are applicable to Tenant's work.
C. Except as otherwise expressly provided in this Lease, Tenant shall have not repair, replace, or modify any utility system located within the option to remove such alterations, decorations, additions or improvements made by it, provided Building without the Landlord's prior written consent. Tenant is responsible for the repair of any damage to Premises resulting from such removal is repaired. Alsoany utility system, upon the expiration structural element of the Initial Term Building(s), facilities of this LeaseLandlord or any other facilities arising out of Tenant's construction activities or Tenant's negligence or willful misconduct; provided, Tenant if requested by Landlord shall remove any signs however, such provision is not intended to and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not be interpreted to make any alterationsother person or entity a third party beneficiary thereof.
D. This Lease specifically prohibits Tenants, additionsor any other party, improvementsfrom expanding uses or structures allowed on the Property beyond those designated in use permits approved by the City of Berkeley. Notwithstanding approval of any new Use Permit allowing expansion, non-cosmetic changes or other material changes any future expansion of the uses in existing buildings, or additions to existing buildings or docks, or construction of any new buildings or docks, or moving existing buildings onto the Premises without Property, are all subject to the prior written approval of Landlordthe Landlord and all improvements are subject to the environmental review and permit regulations and approvals of same by all applicable local, which approval state, and federal agencies.
E. Tenant shall not be unreasonably withheld substantially deface or delayed. Notwithstanding the foregoingchange any floors, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterationswalls, as used hereinceilings, shall be defined as roofs, or partition any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems structures or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to improvements on the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.Property without first providing thirty
Appears in 1 contract
Sources: Lease Agreement
ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to will not make or cause allow to be made, made any alterations, additions, alterations or improvements, physical additions in or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s the Premises other than non-structural and cosmetic changes and changes that are less then $10,000 without the prior written approvalconsent of Landlord, which approval consent shall not be unreasonably withheld or delayedas to nonstructural alterations. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterationsmay require, as used herein, shall be defined as any alterations, improvements, etc. made a condition to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove granting its consent to any such alterations or physical additions, that Tenant agree to remove such alterations or physical additions and repair any damage to at the Premises (or end of the buildings in which the Premises are located) occasioned by their installation or removal lease term and restore the Premises to substantially the condition in which the same condition as existed prior to the time when any before such alterations or physical additions were made. At the end or other termination of this lease, Tenant shall deliver up the Premises with all improvements located thereon (except as otherwise herein provided) in good repair and condition, reasonable wear and tear and casualty excepted, and shall deliver to Landlord all keys to the Premises. The cost and expense of any repairs necessary to restore the condition of the Premises to such condition in which they are to be delivered to Landlord shall be borne by Tenant. All alterations, additions or improvements (whether temporary or permanent in character) made in or upon the Premises, either by Landlord or Tenant, shall be Landlord's property on termination of this lease and shall remain on the Premises without compensation to Tenant. All furniture, trade fixtures and equipment installed by Tenant may be removed by Tenant at the termination of this lease if Tenant so elects, and shall be so removed if required by Landlord, or (ii) reimburse Landlord for if not so removed shall at the cost option of removing Landlord, become the property of Landlord. All such alterations installations, removals and restoration shall be accomplished in good workmanlike manner so as not to damage the Premises or additions and the restoration primary structure or structural qualities of the PremisesBuilding or the plumbing, electrical lines or other utilities.
Appears in 1 contract
Sources: Office Lease Agreement (American Caresource Holdings, Inc.)