Common use of ALTERATIONS AND IMPROVEMENTS Clause in Contracts

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

Samples: Lease Agreement (Lender Processing Services, Inc.), Lease Agreement (Lender Processing Services, Inc.), Lease Agreement (Fidelity National Information Services, Inc.)

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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

Samples: Sublease Agreement (Lender Processing Services, Inc.), Sublease Agreement (Lender Processing Services, Inc.), Form of Sublease Agreement (Lender Processing Services, Inc.)

ALTERATIONS AND IMPROVEMENTS. After completion of the initial Tenant Improvements, Tenant shall have make no alterations, additions or improvements to the Project without the prior written approval of Landlord. In the case of alterations, additions or improvements to the interior of the Project which are nonstructural, do not affect any base building systems, and do not alter the exterior of the Buildings, such approval shall not be unreasonably withheld or delayed. However, (i) if the cost of an alteration, addition or improvement does not exceed in the aggregate Ten Thousand and No/100 ($10,000.00) Dollars, then such approval shall not be required and no notice need be given to Landlord, and (ii) if the cost of an alteration, addition or improvement is more than Ten Thousand and No/100 ($10,000.00) Dollars in the aggregate but less than Thirty-Five Thousand and No/100 ($35,000.00) Dollars in the aggregate, then such approval shall not be required, but Tenant shall be required to give Landlord prior written notice thereof. In any event, Tenant shall conduct its work in such a manner as to maintain harmonious labor relations and shall, prior to the commencement of the work, submit to Landlord copies of all necessary permits. All alterations, additions and improvements to the Project made by or on behalf of Tenant will be made only in a good and workmanlike manner, using new, first-class materials, in conformity with all required permits, and in compliance with all applicable building codes and other Legal Requirements. Landlord reserves the right at any time throughout to approve 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 approvalcontractors hired by Tenant, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have pay to Landlord all reasonable architectural and engineering fees incurred by Landlord in connection with the option to remove such review of any proposed alterations, decorations, additions or improvements for which Landlord’s consent is required. 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 Project prior to the Commencement Date of each Phase, as applicable, either by Landlord or Tenant, shall, at the end of the Initial Term hereof, be Landlord’s property and at the end of this Lease, Tenant if requested by Landlord the Term hereof shall remove any signs and repair any damages remain in or upon the Project without compensation to the Premises resulting from such removalTenant. During the term, Tenant shall not make be required to remove and restore any alterations, additionsadditions or improvements which were made after the Commencement Date, improvementsunless Landlord expressly requires in writing the removal of such alteration, non-cosmetic changes addition or other material changes to improvement, and the Premises without restoration occasioned by such removal, at the prior written approval of time Landlord, which approval shall not be unreasonably withheld or delayed’s consent is granted. Notwithstanding the foregoing, all of Tenant’s furniture, personal property, movable trade fixtures, work stations, file systems, appliances, art, and equipment including without limitation all movable cabinets, loose woodwork and shelving, and telephone and communication equipment and data transmission equipment may be removed by 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 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 if Tenant so removes, Tenant shall at its sole expense repair any damage to the Premises (Project caused by such removal which damage is beyond what may be reasonably expected in connection with such move and reasonable wear and tear. If not so removed by Tenant, such property shall become the property of Landlord without any accounting to Tenant. In no event may Tenant remove any leasehold improvements 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 madebase building mechanical, electrical, HVAC, plumbing, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premiseslife safety systems, except that Tenant may remove its separate generator.

Appears in 3 contracts

Samples: Lease (Interval Leisure Group, Inc.), Lease (Interval Leisure Group, Inc.), Lease (Interval Leisure Group, Inc.)

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

Samples: Lease Agreement (Four Corners Property Trust, Inc.), Lease Agreement (Four Corners Property Trust, Inc.), Lease Agreement (Four Corners Property Trust, 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

Samples: Lease Agreement (KnowBe4, Inc.), Lease Agreement (KnowBe4, Inc.), Lease Agreement (American Recreational Enterprises Inc)

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

Samples: Office Lease Agreement, 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 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

Samples: Lease Agreement (Medical Makeover Corp of America), Lease Agreement (Medical Makeover Corp of America)

ALTERATIONS AND IMPROVEMENTS. Tenant During the Lease Term, Lessee shall have not alter the right at any time throughout the term of this Lease and any extensions hereofexterior, 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 lightingstructural, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approvalelectrical elements of the Properties in any manner without the consent of Lessor, which approval consent shall not be unreasonably withheld withheld, conditioned or delayed. Upon ; provided, however, Lessee may undertake structural, exterior, plumbing and electrical alterations, which may include the expiration construction and demolition of additional improvements to the Properties (if such demolition does not unreasonably impair the ability to operate the Permitted Facility on the applicable Property, does not effect any improvements located on the applicable Property as of the Initial Term of this LeaseEffective Date and is at Lessee’s sole cost and expense), Tenant shall have individually, costing less than $500,000, as adjusted by changes in the option to remove such alterationsPrice Index, 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 LandlordLessor’s prior written consent. Minor AlterationsLessee may undertake any non-structural alteration to the Properties, so long as Lessee provides Lessor with fourteen (14) days prior written notice of such alterations, if greater than $10,000, as used hereinadjusted by changes in the Price Index. If Lessor’s consent is required hereunder and Lessor consents to the making of any such alterations, the same shall be made by Lessee at Lessee’s sole expense by a licensed contractor (which may be directly subcontracted with by Lessee) and according to plans and specifications approved by Lessor and subject to such other conditions as Lessor shall reasonably require. Any work at any time commenced by Lessee on the Properties 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. Lessor shall reasonably cooperate with all improvements including, without limitation, signing applications. Upon completion of any alterations individually costing $10,000 or more, as adjusted by changes in the Price Index, Lessee shall promptly provide Lessor with evidence of full payment to all laborers and materialmen contributing to the alterations. Additionally, upon completion of any such alterations, improvementsLessee shall promptly provide Lessor with (a) 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); (b) a certificate of occupancy (if the alterations are of such a nature as would require the issuance of a certificate of occupancy); and (c) any other documents or information reasonably requested by Lessor. Lessee shall keep the Properties free from any liens arising out of any work performed on, etcor materials furnished to, the Properties. made Lessee shall execute and file or record, as appropriate, a “Notice of Non-Responsibility,” or any equivalent notice permitted under applicable law in the states where the Properties are located which provides that Lessor is not responsible for the payment of any costs or expenses relating to the Premises (excluding the facade thereof) which do not affect the structure additions or alterations. Any addition to or alteration of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord Properties 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 PremisesProperties 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.

Appears in 2 contracts

Samples: Master Lease Agreement (Malibu Boats, Inc.), Master Lease Agreement (Malibu Boats, 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

Samples: Lease Agreement (Brooks-Pri Automation Inc), Lease Agreement (Brooks Automation 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 of this Leasewith respect to a Related Premises, Tenant Landlord shall have the option right to require Tenant to remove such alterationsany Alterations except for Pre-Approved Alterations which complied with Paragraph 13(b), decorationsMajor Replacements, additions or improvements made Alterations required 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 Law and Alterations which 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, approved in writing, along with Landlord’s unless such approval notice, was specifically conditioned upon removal 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 PremisesAlteration.

Appears in 2 contracts

Samples: 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, 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 without the requirement of Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon make such minor alterations costing less than $100,000 in 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 aggregate (“Decorations”) to the Premises resulting from such removalwhich do not require a building permit and which do not affect any Building systems serving the Premises. During the termPrior to making any Alterations, Tenant shall not make any alterations, additions, improvements, 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-cosmetic changes 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 other material changes to the Premises without the prior written approval of mechanics approved by Landlord, which approval shall will not be unreasonably withheld withheld, and whose work will not cause or delayedthreaten to cause disharmony or interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Notwithstanding Landlord may further condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to 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 commencement of any alterations, improvements, etc. made work or delivery of materials to the Premises (excluding related to the facade thereof) which do Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from engineers reasonably acceptable to Landlord stating that the Alterations will not in any way adversely affect the structure Building’s systems, including, 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 buildingsAlterations such as a performance bond or letter of credit if Tenant’s own financial resources are reasonably deemed inadequate by Landlord. Upon completion of the Alterations, their systems or equipment. If Tenant will deliver to Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, a digitized set of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions plans 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 specifications for the cost of removing such alterations or additions and the restoration of the PremisesAlterations.

Appears in 2 contracts

Samples: Lease Agreement (iCIMS Holding LLC), Lease Agreement (iCIMS Holding LLC)

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

Samples: Lease Agreement (Nortech Systems Inc), Lease Agreement (Nortech Systems 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 option 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 remove such 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, decorations, physical additions or improvements made by it, provided in excess of an aggregate amount of twenty five thousand and 00/100 dollars ($25,000.00) in 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 twelve (12) month period in or 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 interior of the Premises without the prior written approval consent of Landlord, which approval consent shall not be unreasonably withheld as to non-structural alterations or delayedimprovements. Notwithstanding All alterations, additions or improvements 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 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 property on 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 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 damage the Premises or the buildings in which primary structure or structural qualities of any building improvements or 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 2 contracts

Samples: 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

Samples: Sublease Agreement (Serena Software Inc), Sublease Agreement (Rsa Security Inc/De/)

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

Samples: Letter Agreement (Westwood One Inc /De/), Westwood One Inc /De/

ALTERATIONS AND IMPROVEMENTS. Tenant shall have be entitled to make structural and nonstructural alterations and improvements to the right Properties without Landlord’s consent if (a) the cost of such alterations at any time throughout individual Property shall not exceed $300,000 for any individual project; or (b) the term alterations are made in connection with a system wide alteration project including at least 75 % of the stores owned and operated by Tenant and its Affiliates. In any event, Tenant shall give Landlord prior written notice of any alterations and related work at any single Property costing more than $100,000. All such alterations and improvements shall (i) be made by Tenant at Tenant’s sole expense by a licensed and bonded contractor; (ii) be prosecuted diligently to completion, (iii) be of good workmanship and materials, and (iv) shall comply fully with all the terms of this Lease and any extensions hereofall Legal Requirements. The assets of Landlord and, except for liens being contested by Tenant in accordance with Section 8.06, the applicable Property shall at all times be kept free of liens for work, services, labor and materials supplied or claimed to make or cause have been supplied 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 applicable Property; no alterations or improvements made by itshall be undertaken without obtaining or causing a contractor to obtain the insurance required under Section 6.03 above, provided any damage to Premises resulting from and “all risk” builder’s risk property insurance for the full replacement cost of such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs alteration or improvement on a completed basis; and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterationsalterations that would (A) be inconsistent with the use of the applicable Property as a Permitted Facility, additions(B) increase the likelihood of a hazardous or illegal condition, improvements(C) result in a decrease in the fair market value of any Property or (D) reduce the footprint, nonsquare footage or structural integrity of any improvement on the Property ((A)-(D) being the “Objections”). For purposes hereof, the term “structural alteration” means a change in the pitch, slope or sightlines of the roof (excluding customary replacement of tiles or shingles), or changes that affect the foundation or load-cosmetic changes bearing walls of any building located upon the applicable Property. All improvements or other material changes to alterations not covered by the Premises without the prior written approval of foregoing shall require Landlord’s consent, which approval consent shall not be unreasonably withheld or delayedwithheld, provided, without limitation of any other reasonable basis for Landlord to withhold its consent, it shall be reasonable for Landlord to withhold its consents for any alteration that would violate any of the Objections. Notwithstanding If Landlord’s consent is required hereunder and Landlord consents to the foregoingmaking of any such alterations, the same shall be made by Tenant according to plans and specifications approved by Landlord and subject to such other conditions as Landlord shall reasonably require. Landlord shall use commercially reasonable efforts to promptly respond to Tenant’s requests hereunder; provided, however, if Landlord fails to respond to a request of Tenant regarding alterations within thirty (30) days of receipt of Tenant’s request, Tenant shall be permitted deliver a second written request to make Minor Alterations Landlord, with a copy to Lender, by FedEx or other reputable overnight delivery service (as defined notwithstanding the notice and delivery provisions set forth in Section 15.01 below) without Landlord’s prior ), such second written consent. Minor Alterations, as used herein, request shall be defined as any alterations, improvements, etc. made to marked in bold lettering with the Premises following language: “LANDLORD’S RESPONSE IS REQUIRED WITHIN FIFTEEN (excluding 15) DAYS OF RECEIPT OF THIS NOTICE PURSUANT TO THE TERMS OF A MASTER LEASE AGREEMENT BETWEEN THE UNDERSIGNED AND LANDLORD” and the facade thereof) which do not affect envelope containing the structure of the buildings, their systems or equipment. request shall be marked “PRIORITY.” If Landlord approves any alterationsfails to respond within fifteen (15) days of Tenant’s second request so given, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval noticeof the requested alterations shall be deemed given. Once commenced, Tenant shall diligently pursue to completion all alterations permitted hereunder in material compliance with all Legal Requirements (including, without limitation, the correction of whether any deficiency in a Property noted in any written citation or other written notice received by Tenant shallfrom any Governmental Authority), upon termination pay all Costs incurred in connection therewith as the same become due and payable and not suffer any mechanics liens to be recorded or filed against the subject Properties, except as permitted under Section 8.06. Upon completion of this Leaseany alterations requiring Landlord’s consent hereunder, either: Tenant shall promptly provide Landlord with (i) remove any a certificate of occupancy (if the alterations are of such alterations or additions a nature as would require the issuance of a certificate of occupancy); 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 any other documents or information reasonably requested by Landlord. Following any alteration of a Property that results in a change in the cost footprint of removing such alterations or additions and the restoration any of the Premisesimprovements on the Property or any other physical change (other than the restriping of parking areas) that would be shown on an ALTA/ASCM survey, Tenant shall provide to Landlord, within thirty (30) days following the substantial completion of the alteration, an ALTA/ASCM survey of such Property addressed to Landlord and Lender in form reasonably satisfactory to Landlord and including Table A items reasonably requested by Landlord. Except as set forth in Section 7.03 below, any addition to or alteration of the Properties shall be deemed a part of the Properties and belong to Landlord, and Tenant shall execute and deliver to Landlord such instruments as Landlord may reasonably require to evidence the ownership by Landlord of such addition or alteration.

Appears in 2 contracts

Samples: Master Lease Agreement (Bob Evans Farms Inc), Master Lease Agreement (Bob Evans Farms Inc)

ALTERATIONS AND IMPROVEMENTS. Tenant shall have be responsible, at its sole cost and expense, for all decorating, fixturizing, furnishing and equipping of the right at any time throughout the term of this Lease and any extensions hereof, Premises 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 '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 improvements or changes ("Improvements") in 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 Any Improvements shall be permitted at the sole cost and expense of Tenant. Landlord may require Tenant, at Tenant's sole cost and expense, to make Minor Alterations (as defined below) without furnish a bond, or other security satisfactory to Landlord’s prior written consent, to assure diligent and faithful performance of any work to be performed by Tenant. Minor Alterations, as used herein, Any Improvements shall be defined as any alterationsmade promptly, improvementsin good and workmanlike manner by duly licensed union contractors and in compliance with all insurance requirements and with all applicable permits, etc. made authorizations, building regulations, zoning laws and all other governmental rules, regulations, ordinances, statutes and laws, now or hereafter in effect, pertaining to the Premises (excluding the facade or Tenant's use thereof) which do not affect the structure of the buildings. Tenant shall remove all Improvements, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify at Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall's sole cost and expense, upon termination of this Lease, either: (i) remove any such alterations or additions Lease and repair any damage to surrender 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 they were in prior to the time when making of any or all such alterations or additions were madeImprovements, or (ii) reimburse Landlord for ordinary wear and tear excepted. Notwithstanding the cost of removing such alterations or additions and above, Tenant shall have the restoration of right to remove any trade fixtures installed by Tenant upon the Premises.. SECTION 8

Appears in 2 contracts

Samples: Lease Agreement (Wynn Resorts LTD), Lease Agreement (Wynn Resorts LTD)

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

Samples: Office Lease Agreement, 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 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

Samples: Office Building Lease (Eargo, Inc.), Office Building Lease (Eargo, Inc.)

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 time throughout part of the term 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 this Lease 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 extensions hereoflessor 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 make or 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 made, any alterations, additions, issued and delivered to Landlord an irrevocable documentary letter of credit 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 payment bond in the expiration full amount of the Initial Term cost of this Leasethe 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 have the option cause its contractor 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 provide Landlord with a certificate of completion of the Initial Term Alterations and a bills paid affidavit and full lien waiver: and upon receipt of this Leasesame, 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 shall remove any signs and repair any damages at the time of Landlord's consent 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 agree to restore the Leased Premises (excluding at 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 LeaseLease to their condition prior to making such Alterations. All permits, either: (i) remove 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 alterations materials or additions 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 repair any damage to obtain, a certificate of occupancy from the Premises (or the buildings city in which the Leased Premises are located) occasioned by their installation or removal and restore the Premises . Tenant shall furnish such certificate 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 promptly after issuance of removing such alterations or additions and the restoration of the Premisessame.

Appears in 2 contracts

Samples: Commercial Lease Agreement (Avanex Corp), Commercial Lease Agreement (Avanex Corp)

ALTERATIONS AND IMPROVEMENTS. (a) Tenant shall have the right at any time throughout right, without having obtained the term prior written consent of this Lease Landlord or Lender and any extensions hereofprovided that no Event of Default then exists, (i) to make non-structural Alterations or cause a series of related non-structural Alterations that, as to be madeany such Alterations or series of related Alterations, do not cost in excess of $500,000 and (ii) to install Equipment in the Improvements or accessions to the Equipment that, as to such Equipment or accessions, do not cost in excess of $500,000, so long as at the time of construction or installation of any alterationssuch Equipment or Alterations the value and utility of the Leased Premises is not diminished thereby. If (i) the cost of any non-structural Alterations or series of related non-structural Alterations is in excess of $500,000, additions(ii) the cost of any Equipment or accessions thereto is in excess of $500,000, or improvements, or install or cause (iii) Tenant desires 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 make structural Alterations to the Premises resulting from such removal. During the termLeased Premises, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of LandlordLandlord and Lender shall be required, which approval by Landlord shall not be unreasonably unreasonable withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) not construct upon the Land any additional buildings without Landlord’s having first obtained the prior written consentconsent of Landlord and Lender. Minor AlterationsLandlord shall have the right to require Tenant to remove any Alterations except for Alterations required by Law, as used hereinAlterations made for office use or uses ancillary there (i.e., shall be defined cafeteria, health club or retail) so long as any alterationssuch Alterations do not lessen the market value of the Leased Premises, improvementsor Alterations for which Landlord has agreed in writing that removal will not be required. Landlord acknowledges that as of the Commencement Date certain roofing repair work is being performed at the Leased Premises at the direction of Tenant (the "Xxxxx Roofing Work"), etc. made consents 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 Xxxxx Roofing Work 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 agrees that the cost of removing such alterations or additions and the restoration Xxxxx Roofing Work shall not be counted towards the $500,000 non-structural Alteration threshold for consent noted above. Tenant acknowledges that the Xxxxx Roofing Work shall be subject to the requirements of the PremisesParagraph 13(b).

Appears in 2 contracts

Samples: Lease Agreement (Corporate Property Associates 15 Inc), Lease Agreement (Foster Wheeler 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 prior written approval, which approval shall not be unreasonably withheld or delayed. Upon place partitions and fixtures and may make improvements and other alterations to the expiration interior of the Initial Term of this LeaseLeased Premises at Tenant’s expense, provided, however, that prior to commencing any such work, Tenant shall have first obtain the option written consent of Landlord (not to remove be unreasonably withheld, conditioned or delayed) to the proposed work, including 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, 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) alterations without Landlord’s prior written consent. Minor Alterations, as used hereinbut upon at least five (5) days prior notice to Landlord, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which extent that such alterations 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 materially adversely affect the Building systems, exterior appearance of the Building, or Building structure, (ii) materially adversely affect the value of the Leased Premises or Building, (iii) require a building or construction permit, or (iv) cost more than One Hundred Fifty Thousand and 00/100 Dollars ($150,000.00) for a particular job of work or in any 12-month period (the “Cosmetic Alterations”). At least fifteen (15) days prior to the commencement of any construction in the Leased Premises (other than Cosmetic Alterations), Tenant shall deliver to Landlord copies of the plans and specifications for the contemplated work and shall identify the contractor(s) selected by Tenant to perform such work. If the proposed work affects the Building’s structure or systems, Landlord may require that the work be done by Landlord’s own employees, its construction contractors, 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 or other alterations to the Leased Premises will be completed in a good, workmanlike and lien free manner. Landlord may also require that any work done to the interior of the Leased Premises, other than Cosmetic Alterations, 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 five percent (5%) of the cost of such work. All such improvements or alterations must conform to and be in substantial accordance in quality and appearance with the quality and appearance of the improvements in the remainder of the Building. All such improvements shall be the property of Landlord. 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 approved by 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 2 contracts

Samples: Office Lease (SenesTech, Inc.), Office Lease (SenesTech, 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

Samples: Lease Agreement (Ark Restaurants Corp), Lease Agreement (Ark Restaurants Corp)

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

Samples: Lease, A S E

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

Samples: Lease Agreement (Fidelity National Title Group, Inc.), Lease Agreement (Fidelity National Title Group, Inc.)

ALTERATIONS AND IMPROVEMENTS. (a) The 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 made, any have made alterations, additions, or improvements, decorations, installations and substitutions (collectively called "Tenant's changes") in, of 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 Demised Premises without the prior written approvalreasonable consent of the Landlord in each instance; provided, which approval however, that, except as to structural alterations, improvements or additions and those prohibited by the Rules and Regulations attached hereto as Exhibit D, such consent shall not be unreasonably withheld or delayed. Upon Unless otherwise specified in the expiration consent referred to in this Section 13, any improvements or alterations in the Demised Premises made by the Tenant (including, without limitation, permanent partitions, wall paneling and lighting fixtures, but excepting the Tenant's Property (as defined in Section 14)) shall be and remain the property of the Initial Term Landlord and, except as provided in Section 21, shall remain upon and be surrendered with the Demised Premises at the termination of the term of this Lease, Tenant shall have lease. If the option Landlord consents to remove any such alterations, decorationsimprovements or additions, additions or improvements made by itit may impose such conditions with respect thereto as the Landlord reasonably deems appropriate, provided any damage including, without limitation, requiring the Tenant to Premises resulting from furnish the Landlord with security for the payment of all costs to be incurred in connection with such removal is repairedwork, insurance against liabilities which may arise out of such work and plans, specifications and permits necessary for such work. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages The work necessary 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 Demised Premises without shall be done at the Tenant's expense by employees of or contractors hired by the Landlord, except to the extent the Landlord gives its prior written approval of Landlordconsent to the Tenant's hiring employees or contractors, which approval consent shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, The Tenant shall be permitted promptly pay to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterationsthe Landlord or the Tenant's contractors, as used hereinthe case may be, shall be defined as any alterationswhen due, 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 all such alterations work and of all repairs to the Building required by reason thereof. Upon completion of such work the Tenant shall deliver to the 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 additions and the restoration of the Premisesmaterials.

Appears in 2 contracts

Samples: Agreement (Open Solutions Inc), Lease (Open Solutions Inc)

ALTERATIONS AND IMPROVEMENTS. Tenant Lessee shall have not, without the prior written consent of Lessor, which consent shall not be unreasonably withheld, make any alterations, improvements or additions to the Premises. If Lessor consents to said alterations, improvements or additions, it may impose such conditions with respect thereto as Lessor deems appropriate, including without limitation requiring Lessee to furnish Lessor with security for the payment of all costs to be incurred in connection with such work and the plans and specifications together with all permits necessary for such work. The work necessary to make any alterations, improvements or additions to the premises shall be done at Lessee’s expense by employees of or contractors hired by Lessor except to the extent Lessor gives its prior written consent to Lessee’s hiring contractors. Lessee shall promptly pay to Lessor or to Lessee’s contractors, as the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Upon completion of such work, Lessee shall deliver to Lessor, if payment is made directly to contractors, evidence of payment, contractor’s affidavits and full and final waivers of all liens for labor, services or materials. Lessee shall defend and hold Lessor and the Land and the Building harmless from all costs, damages, liens and expenses related to such work. Lessor reserves the right to require separate documentation in the event it elects to have third-party financing of any improvements to be performed by Lessor. All work done by Lessee or its contractors shall be done in a first-class, workmanlike manner, using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All alterations, improvements and additions to the Premises, whether temporary or permanent in character, made or paid for by Lessor or Lessee shall become Lessor’s property at any time throughout the term termination of this Lease and any extensions hereofshall, unless Lessor requests their removal or approves their removal, be relinquished to make or cause Lessor in good condition, ordinary wear and tear excepted. In the event Lessee and Lessor agree in writing that certain improvements may be removed, Lessee shall be required 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 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 occasioned by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant Lessor’s permission for removal shall not make apply to any alterationstelecommunications equipment, additionsswitches, improvements, non-cosmetic changes or other material changes devices owned or leased by Lessee in which title to the Premises without the prior written approval of Landlord, which approval Lessor 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 Tenantpass, in writingany manner whatsoever, along with Landlord’s approval notice, of whether Tenant shall, and Lessee may remove upon termination of this Leasethe Lease without Lessor consent, either: (i) remove any such alterations or additions and subject to Lessee’s obligation to repair any damage to the Premises (or the buildings in which the Premises are located) occasioned caused by their installation or removal removal, not including ordinary wear 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 Premisestear.

Appears in 1 contract

Samples: Office Lease (Ptek Holdings 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 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

Samples: Lease Agreement (Wells Real Estate Fund Iii L P)

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.

Appears in 1 contract

Samples: Ebs Building LLC

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 or perform, or permit the making or performance of, any initial or subsequent tenant finish work or any alterations, additionsinstallations, decorations, improvements, non-cosmetic changes additions or other material physical changes in or about the Leased Premises (referred to collectively as "Alterations") without Landlord's prior consent. Landlord shall be under no obligation to allow Alterations of any kind and may withhold its consent without cause. 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 Premises following provisions: All Alterations shall be made and performed at Tenant's sole cost and expense in a good and workmanlike manner. Alterations shall be made only by contractors or mechanics approved by Landlord, such approval not to be unreasonably withheld. Tenant shall submit to Landlord detailed plans and specifications (including architectural layout, mechanical and structural drawings) for each proposed Alteration and shall not commence any such Alteration without the prior first obtaining Landlord's written approval of such plans and specifications. Prior to the commencement of each proposed Alteration, Tenant shall furnish to Landlord a certificate evidencing worker's compensation insurance coverage for 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. Tenant shall cause its contractor and each subcontractor to provide Landlord with a Certificate of Completion of the Alterations and a Bills Paid Affidavit and full Lien Waiver. Tenant shall, if required 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, rules, COMMERCIAL LEASE AGREEMENT - PAGE 14 -------------------------- LEASE 2 standards and regulations of Federal, State, County, and Municipal authorities, including, without limitation, all directions, pursuant to law, of all public officers, and with all applicable rules, orders, regulations and requirements of the local Board of Fire Underwriters or any similar body ("Applicable Laws"). Landlord's approval shall not in any way be unreasonably withheld considered an indication that the plans and specifications comply with Applicable Laws. 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 delayedequipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. Notwithstanding Whether such Alterations are being performed by Tenant in connection with Tenant's initial occupancy of the foregoingLeased Premises or subsequently, Tenant shall be permitted agrees to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterationsproper application for, as used hereinand obtain, shall be defined as any alterations, improvements, etc. made to a Building Permit and a Certificate of Occupancy from 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 city in which the Leased Premises are located) occasioned by their installation or removal . Tenant shall furnish copies of such permit and restore the Premises certificate 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 promptly after issuance of removing such alterations or additions and the restoration of the Premisessame.

Appears in 1 contract

Samples: Lease Agreement (Adams Golf Inc)

ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, Except for alterations 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 termTenant's sales equipment, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes alterations or other material changes improvements in or to the Premises without the prior written approval consent of Landlord, Landlord which approval consent shall not be unreasonably withheld as to interior non- structural, non-mechanical, non-electrical changes. At Landlord's option, such improvements or delayedalterations shall be performed by Landlord, at the cost of Tenant provided Landlord's charge and schedule shall be competitive and said charge shall not exceed ten percent (10%) of any responsive and responsible bid tendered by another contractor. Notwithstanding Any approved alteration or improvement shall be done by contractors approved by Landlord and in a good and workmanlike manner and in a manner so that the foregoing, structural integrity of the building in which the Premises is located shall not be impaired. Tenant shall be permitted obtain all necessary permits and, at Landlord's option shall submit to make Minor Alterations 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 (as defined belowprovided this election is made by Landlord at the time of its consent) without Landlord’s prior written consent. Minor Alterations, as used herein, require that Tenant remove the same at no expense to Landlord and repair any damage caused by such removal and that the Premises shall be defined as any alterations, improvements, etc. made to left by Tenant in the condition that the Premises (excluding were in at the facade thereof) which do not affect the structure commencement 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 term of this Lease, either: (i) remove any such alterations or additions ordinary wear and repair any damage tear casualty, condemnation and Landlord's obligations excepted. With respect to the Premises (provisions of this Section 14.1, Tenant shall comply with all governmental requirements; including but no limited to building, electrical and plumbing codes. All work performed shall be done in such a manner as not to disturb or disrupt the buildings operation of the Park or of any other occupants in which the Park. Following completion of any changes, additions or improvements, Tenant shall furnish Landlord with current "as-built" drawings and specifications for the Premises are located) occasioned by their installation reflecting such changes, additions or removal and restore the Premises to substantially the same condition as existed prior improvements made to the time when any Premises. Any increase in the Real Estate Taxes or insurance premiums on the Park attributable to such alterations change, addition or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.improvements shall be paid by Tenant. ARTICLE XV ---------- Limitation on Landlord's Liability; Tenant's indemnity; Insurance 15.1

Appears in 1 contract

Samples: Agreement of Lease (Farmstead Telephone Group Inc)

ALTERATIONS AND IMPROVEMENTS. (a) Tenant shall have the right at any time throughout right, without having obtained the term prior written consent of this Lease Landlord and any extensions hereofLender and provided that no Event of Default then exists, (i) to make non-structural 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 awningsa series of related non-structural Alterations that, as Tenant may deem necessary to any such Alterations or suitable series of related Alterations, do not cost in excess of the Threshold Amount with Landlord’s respect to any Related Premises and (ii) to install Equipment in the Improvements or accessions to the Equipment that, as to such Equipment or accessions, do not cost in excess of the Threshold Amount with respect to any Related Premises, so long as at the time of construction or installation of any such Equipment or Alterations no Event of Default exists and the value and utility of the Leased Premises is not diminished thereby. If the cost of any non-structural Alterations, series of related non-structural Alterations, Equipment or accessions thereto is in excess of the Threshold Amount with respect to any Related Premises, the prior written approvalapproval of Landlord shall be required, 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 itwithheld, provided that, with respect to any damage to Premises resulting from such removal is repaired. Alsonon-structural Alterations, 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 not have notified Tenant of its disapproval of such removal. During the term, Tenant shall not make any alterations, additions, improvements, proposed non-cosmetic changes or structural Alterations within thirty (30) days after Landlord's receipt of plans and specifications therefor together with such other material changes documentation as Landlord may reasonably request in order to the Premises without make such determination, such approval shall be deemed granted. If Tenant desires to make structural Alterations with respect to any Related Premises, the prior written approval of Landlord shall be required, which approval shall be in Landlord's sole discretion. Tenant shall not construct upon the Land any additional buildings without having first obtained the prior written consent of Landlord, which approval shall be in Landlord's sole discretion. Landlord shall have the right to require Tenant to remove any Alterations except for (A) those Alterations required by Law, (B) any Pre-Approved Alterations, or (C) any Alterations which Landlord has agreed in writing at the time of granting consent thereto that removal will not be unreasonably withheld or delayedrequired. Notwithstanding In connection therewith, upon the foregoingrequest of Tenant at the time of submission of any plans and specifications for Alterations to Landlord, Tenant shall have the right to request that Landlord determine whether such proposed Alterations must 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 end of the buildingsTerm, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc.in which case, Landlord shall notify Tenant, Tenant in writing, along with Landlord’s writing at the time of granting approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove to any such alterations Alterations, whether 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 not such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the PremisesAlteration must be so removed.

Appears in 1 contract

Samples: Lease Agreement (Finisar Corp)

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 Lessee shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option permitted to remove such make any 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 (“Alterations”) to the Premises without the prior written approval consent of LandlordLessor, which approval consent shall not be unreasonably withheld and shall be granted or delayedreasonably withheld by Lessor (with its reasons therefor) by written notice to Lessee within fifteen (15) business days after Lessee’s request. If Lessor shall fail to respond to Lessee’s request for consent within the aforesaid fifteen (15) business day period, Lessor’s consent shall be deemed to have been granted. Failure of Lessee to remove (by payment or bond or otherwise), within thirty (30) days of notice to Lessee of imposition, any lien against the Premises and/or the property resulting from any Alterations performed by or on behalf of the Lessee (other than by Lessor), shall constitute an event of default. Lessor hereby grants its consent to the Improvements. Notwithstanding the foregoing, Tenant or anything to the contrary contained elsewhere in this Lease, Lessee shall be permitted have the right, without Lessor’s consent, to make Minor any Alteration that is (i) decorative in nature (such as paint, carpet or other wall or floor finishes, movable partitions or other such work), or does not otherwise materially affect the Base Building. For purposes of the foregoing, without limitation, an Alteration shall not be deemed to materially affect the Base Building if the total hard costs of such Alteration do not exceed Fifty Thousand Dollars ($50,000.00). Prior to commencing any Alterations (as defined below) without Landlord’s prior written consentunder this Paragraph, Lessee shall secure all necessary permits and provide copies thereof to Lessor. Minor Lessee shall cause all contractors performing any Alterations for Lessee to carry reasonable limits of liability and workers compensation insurance. Lessee shall indemnify and hold the Lessor harmless from any and all damages and personal injuries resulting from any Alterations, as used hereinand work associated therewith, undertaken by Lessee. This indemnification and hold harmless provision shall be defined as any alterations, improvements, etc. made to survive the Premises (excluding 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 earlier termination of this Lease. All Alterations by Lessee shall be performed in a work in a good and workmanlike manner, either: (i) remove any such alterations or additions employing materials of good quality 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 Premisescomplying with all governmental requirements.

Appears in 1 contract

Samples: Lease (Alpha Teknova, 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

Samples: Commercial Lease Agreement (Adherex Technologies Inc)

ALTERATIONS AND IMPROVEMENTS. Tenant Lessee shall have be entitled to make structural and nonstructural alterations and improvements to the right Properties without Lessor’s consent provided that (a) Lessee shall give Lessor prior written notice of any structural alterations; (b) the cost of any structural alterations at any individual Property shall not exceed $500,000 for any individual project; (c) Lessee shall not expand or decrease, nor perform any material structural alteration to, the exterior of, any building located upon a Property without Lessor’s prior written consent; (d) all alterations and improvements shall be made by Lessee at Lessee’s sole expense by a licensed and bonded contractor; (e) any work at any time throughout commenced by Lessee on the term Properties 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; (f) the assets of Lessor and, except for liens being contested by Lessee in accordance with Section 8.06, the applicable Property shall at all times be free of liens for work, services, labor and materials supplied or claimed to have been supplied to the applicable Property; (g) no alterations or improvements shall be undertaken without obtaining or causing a contractor to obtain the insurance required under Section 6.03 above, and “all risk” builder’s risk property insurance for the full replacement cost of such alteration or improvement on a completed basis; and (h) Lessee shall not make any extensions alterations that would reasonably be expected to have a material negative effect on the value of any Property. For purposes hereof, to make the term “structural alteration” means a change in the pitch, slope or cause to be made, any alterations, additionssightlines of the roof (excluding customary replacement of tiles or shingles), or improvements, changes that affect the foundation or install load-bearing walls of any building located upon the applicable Property. All improvements 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 Landlordalterations not covered by the foregoing shall require Lessor’s prior written approvalconsent, which approval consent shall not be unreasonably withheld or delayedwithheld. Upon If Lessor’s consent is required hereunder and Lessor consents to the expiration making of the Initial Term of this Lease, Tenant shall have the option to remove any such alterations, decorations, additions or improvements the same shall be made by itLessee according to plans and specifications approved by Lessor and subject to such other conditions as Lessor shall reasonably require. Lessor shall use commercially reasonable efforts to promptly respond to Lessee’s requests hereunder; provided, provided any damage however, if Lessor fails to Premises resulting from respond to a request of Lessee regarding alterations within thirty (30) days of receipt of Lessee’s request, Lessee shall deliver a second written request to Lessor by FedEx or other reputable overnight delivery service (notwithstanding the notice and delivery provisions set forth in Section 15.01 below), such removal is repaired. Alsosecond written request shall be marked in bold lettering with the following language: “LESSOR’S RESPONSE IS REQUIRED WITHIN TWENTY (20) DAYS OF RECEIPT OF THIS NOTICE PURSUANT TO THE TERMS OF A MASTER LEASE AGREEMENT BETWEEN THE UNDERSIGNED AND LESSOR” and the envelope containing the request shall be marked “PRIORITY.” If Lessor fails to respond within twenty (20) days of Lessee’s second request, upon the expiration Lessor’s approval 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 alterations shall be permitted to make Minor Alterations (as defined below) without Landlorddeemed given. Upon completion of any alterations requiring Lessor’s prior written consent. Minor Alterationsconsent hereunder, 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 promptly provide Lessor with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any an architect’s certificate certifying the alterations to have been completed in conformity with the plans and specifications (if the alterations are of such alterations or additions and repair any damage to a nature as would require the Premises (or issuance of such a certificate from 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 architect); (ii) reimburse Landlord a certificate of occupancy (if the alterations are of such a nature as would require the issuance of a certificate of occupancy); and (iii) any other documents or information reasonably requested by Lessor. Upon Lessor’s request, Lessee shall execute and file or record, as appropriate, a “Notice of Non-Responsibility,” or any equivalent notice permitted under applicable law in the states where the Properties are located which provides that Lessor is not responsible for the cost payment of removing such alterations any costs or expenses relating to the additions and the restoration or alterations. Except as set forth in Section 7.03 below, any addition to or alteration of the PremisesProperties shall be deemed a part of the Properties and belong to Lessor, and Lessee shall execute and deliver to Lessor such instruments as Lessor may reasonably require to evidence the ownership by Lessor of such addition or alteration. At Lessee’s option, Lessee may request Lessor to finance the costs of expansion of any one or more of the Properties, upon terms, conditions and documentation (either separate from this Lease or pursuant to an amendment to this Lease), mutually acceptable to Lessor and Lessee, and neither party shall have any obligation to participate in the financing of such expansion unless both parties agree to the terms, conditions and documentation thereof.

Appears in 1 contract

Samples: Master Lease Agreement (O Charleys Inc)

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

Samples: Office Lease (Mobility Electronics 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 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.following conditions:

Appears in 1 contract

Samples: Commercial Lease (Carbiz Inc)

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 time throughout part of the term 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 this Lease 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) from each proposed Alterations 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 extensions hereoflessor 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 make 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 or any approved Alteration, Tenant shall cause to be made, any alterations, additions, issued and delivered to Landlord an irrevocable documentary letter of credit 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 payment bond in the expiration full amount of the Initial Term cost of this Leasethe 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 have the option cause its contractor 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 provide Landlord with a certificate of completion of the Initial Term Alterations and a bills paid affidavit and full lien waiver, and upon receipt of this Leasesame, 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 shall remove any signs and repair any damages at the time of Landlord's consent 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 agree to restore the Leased Premises (excluding at 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 LeaseLease to their condition prior to making such alterations. All permits, either: (i) remove 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 alterations materials or additions 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 repair any damage to obtain, a certificate of occupancy from the Premises (or the buildings city in which the Leased Premises are located) occasioned by their installation or removal and restore the Premises . Tenant shall furnish such certificate 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 promptly after issuance of removing such alterations or additions and the restoration of the Premisessame.

Appears in 1 contract

Samples: Commercial Lease Agreement (Graham Field Health Products 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

Samples: Lease Agreement (Wells Real Estate Fund Xiii L P)

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., 000 Xxxxxxxxxxx Xxxxxx, Xxx 000, Xxxxxx, XX 00000 (000-000-0000. 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

Samples: Tenant Estoppel Certificate (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 place partitions and fixtures and may make improvements and other alterations to the expiration interior of the Initial Term of this LeaseLeased Premises at Tenant’s expense, provided, however, that prior to commencing any such work, Tenant shall have first obtain the option written consent of Landlord to remove the proposed work, including 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, decorationsincluding, additions without limitation, paint, carpeting, wall or improvements made by itwindow coverings and the use of carpet glues and other chemicals for installation of such materials, provided any damage such consent not to Premises resulting from such removal is repairedbe unreasonably withheld. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages At least ten (10) days prior to the Premises resulting from such removal. During commencement of any construction in the termLeased Premises, Tenant shall not make any alterationsdeliver to Landlord copies of the plans and specifications for the contemplated work and shall identify the contractor(s) selected by Tenant to perform such work. Landlord may require that the work be done by Landlord’s own employees, additionsits construction contractors, improvementsor under Landlord’s direction, non-cosmetic changes 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 or other material changes alterations to the Leased Premises without will be completed in a good, workmanlike and lien free manner. Landlord may also require that any work done to the prior written approval interior of the Leased Premises 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 zero percent (0%) of the cost of such 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, Class A, institutional grade office building. All such improvements shall be the property of Landlord, which 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 alterations, improvements, etc. made 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 approved by 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

Samples: Rider (Eschelon Telecom 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 $35,000 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 Landlord’s sole but reasonable discretion. Upon Landlord’s request, Tenant shall deliver to Landlord plans and specifications for any proposed alterations, additions or improvements requiring Landlord consent and shall reimburse Landlord for Landlord’s reasonable cost to review such plans up to an amount of $1,000. 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 (provided Landlord notified Tenant at the time of Landlord’s consent to any such alterations, additions or improvements that Landlord would require the removal thereof). 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 conditioned, delayed 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

Samples: Industrial Lease Agreement (Elevance Renewable Sciences, Inc.)

ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease Other than Landlord's Work 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 Tenant's Work approved by 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 alterations or other material changes additions to the Premises without the prior written approval of except in accordance with plans and specifications therefor first approved in writing by Landlord, which approval shall not be unreasonably withheld or delayedwithheld. Notwithstanding the foregoing, Tenant shall be permitted not hang shades, curtains, signs, awnings or other materials, attach any materials to or make Minor Alterations (as defined below) any change in the appearance of any glass visible from outside of the Premises, add any window treatments of any kind or make improvements or install furniture visible from outside of the Premises, without Landlord’s 's prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to Any alterations or additions which would (a) delay completion of the Premises or the Building, or (excluding b) require unusual expense to readapt 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, Premises to normal office use upon termination of this Lease, either: Lease or increase (i) remove any such alterations the cost of (a) construction or additions and repair any damage to the Premises (or the buildings in which the Premises are locatedb) 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, insurance or (ii) reimburse Taxes may not be made without Landlord's prior written consent. All alterations and additions shall be part of the Premises unless and until Landlord shall specify the same (other than Landlord's work which shall not be required to be removed for removal in a notice delivered to Tenant on or before the Lease Termination Date. All of Tenant's alterations and 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 contractors or workmen first reasonably approved by Landlord. 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 removing all labor and material to be furnished by them; and cause each contractor to carry workmen's compensation insurance in statutory amounts covering all the contractor's and subcontractor's employees and comprehensive public liability insurance with 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 that $1,000,000.00 and have deductibles of no more than $5,000.00 (all such alterations insurance to be written in companies approved by Landlord and insuring Landlord and Tenant 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 additions independent contractors, and not to cause or permit any liens therewith to attach to the restoration 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. Landlord shall promptly give notice to Tenant of the Premisesany observed defects.

Appears in 1 contract

Samples: Office Lease (Nexar Technologies Inc)

ALTERATIONS AND IMPROVEMENTS. Tenant A. Except as otherwise provided below, Tenant, following the full and final execution and delivery of this Lease, shall have the right at any time throughout the term of this Lease to perform alterations 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 in 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“Initial Alterations”). Notwithstanding the foregoing, Tenant and its contractors shall not have the right to perform Initial Alterations in the Premises unless and until Tenant has complied with all of the terms and conditions of Article IX.B. of this Lease, including, without limitation, approval by Landlord of the final plans for the Initial Alterations (the “Plans”) and the contractors to be retained by Tenant to perform such Initial Alterations. Tenant shall be responsible for all elements of the design of the Plans (including, without limitation, compliance with law, functionality of design the structural integrity of the design, the configuration of the premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of the Plans shall in no event relieve Tenant of the responsibility for such design. If requested by Tenant, Landlord’s architect will prepare the Plans necessary for such construction at Tenant’s cost. Whether or not the layout and Plans are prepared with the help (in whole or in part) of Landlord’s architect, Tenant agrees to remain solely responsible for the preparation and submission of the Plans and for all elements of the design of such Plans and for all costs related thereto. Landlord’s approval of the contractors to perform the Initial Alterations shall not be unreasonably withheld, conditioned or delayed. The parties agree that Landlord’s approval of the general contractor to perform the Initial Alterations shall not be considered to be unreasonably withheld if any such general contractor (i) does not have trade references reasonably acceptable to Landlord, (ii) does not maintain insurance as required pursuant to the terms of this Lease, (iii) does not have the ability to be bonded for the work in an amount of no less than one hundred fifty percent (150%) of the Allowance, as hereinafter defined, (iv) does not provide current financial statements reasonably acceptable to Landlord, or (v) is not licensed as a contractor in the state of Georgia. Tenant acknowledges the foregoing is not intended to be an exclusive list of the reasons why Landlord may reasonably withhold its consent to a general contractor. Notwithstanding the foregoing, prior to performing any Initial Alterations in Premises A-1, Tenant shall provide Landlord the written consent of Sublandlord, as defined in Article III.A. of this Lease, for Tenant to make the Initial Alterations in Premises A-1 prior to the Premises A-1 Commencement Date Tenant shall perform all work in Premises A-1 in strict compliance with the terms and conditions of this Lease and Tenant shall do nothing to interfere with Sublandlord’s right of quiet enjoyment to its premises. If Tenant fails to obtain Sublandlord’s written consent to the Initial Alterations, Tenant shall not 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 improvements or alterations to Premises A-1 until 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, etcA-1 Commencement Date., 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

Samples: Office Lease Agreement (Homebanc Corp)

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 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 removalfor Subtenant’s use or occupancy thereof. During Notwithstanding any provisions of the termMaster Lease to the contrary, 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 they may grant, withhold or condition in their respective sole and absolute discretion. If Sublandlord and Master Landlord consent to any such alterations, improvements or installations, Subtenant shall not be unreasonably withheld or delayedperform and complete such alterations, improvements and installations at its expense, in compliance with applicable laws and the Master Lease. 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 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 Sublandlord’s option, all alterations, additions and improvements (except trade fixtures) shall be and remain the property of Sublandlord upon installation and shall be surrendered to Sublandlord upon the termination of this Sublease, or shall be removed by Subtenant and the Premises (or restored to their condition on the buildings in which the Premises are located) occasioned by their installation or Commencement Date. If Sublandlord requires such removal and restore restoration 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 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 PremisesSublandlord in connection therewith.

Appears in 1 contract

Samples: Sublease Agreement (Tripath Technology Inc)

ALTERATIONS AND IMPROVEMENTS. (a) Tenant shall have the right at any time throughout right, without having obtained the term prior written consent of this Lease Landlord and any extensions hereofLender , (i) to make non-structural Alterations and (ii) to install Equipment in the Improvements or cause accessions to be madethe Equipment that, so long as at the time of construction or installation of any alterationssuch Equipment or Alterations no Event of Default exists and the value, additionsutility or structural integrity of the Building or the Leased Premises is not diminished thereby, or improvementsnor the use of the Leased Premises altered thereby in any material respect. If Tenant desires to make structural Alterations to the Leased 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 then the prior written approval, which approval of Landlord and Lender shall be required (such approval not to be unreasonably withheld or delayed. Upon ); provided that (i) "poke-throughs" or similar minor slab penetrations or reinforcement of existing structural elements to increase load bearing shall not constitute structural alterations if performed in connection with any other permitted Alterations hereunder and (ii) Landlord's approval shall not be withheld (and shall be given by Landlord within ten (10) days of a written request by Tenant therefor accompanied by the expiration statement of the Initial Term Qualified Engineer below, or else shall be deemed given by Landlord) with respect to construction of internal stairways created within the Leased Premises, so long as Tenant gives to Landlord a writing signed by a reputable and recognized structural engineer selected by Tenant who regularly prepares plans for and/or reviews and approves structural work (including without limitation the construction and installation of internal stairways), in first-class high-rise office buildings in Manhattan (a "Qualified Engineer") stating that Tenant's plans for such stairway(s) have been prepared and/or reviewed by, and are satisfactory to, such Qualified Engineer and are in compliance with all applicable Legal Requirements. Tenant shall not cause or permit to be constructed upon the Land any additional buildings without having first obtained the prior written consent of Landlord and Lender, such approval to be granted or withheld in their sole discretion. Landlord shall have the right to require Tenant, at its sole cost and expense, to remove at the end of the Term, and Tenant shall so remove (and repair and restore as necessary to its prior condition) upon such request of Landlord (i) all Specialty Alterations (other than the SPU Areas) installed by Tenant after the date of this Lease, Tenant shall have including, without limitation, any internal stairway connecting any floor excluded from the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Leased Premises resulting from such removal is repaired. Also, upon the expiration as part of a partial extension of the Initial Term by Tenant under Paragraph 5(c) hereof, and (ii) all other Alterations which Landlord, at the time it granted approval to perform same, required that same be removed at the end of this Leasethe Term, Tenant if requested by Landlord shall remove and (ii) any signs and repair Alterations existing in violation of any damages Legal Requirements. If, in Landlord's reasonable judgment, the cost of any single Alteration or series of related Alterations to be performed in any consecutive twelve-month period is likely to exceed the Premises resulting from such removal. During the termThreshold Amount, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes provide to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld within ten (10) days after Landlord's request therefor, adequate assurances (in Landlord's reasonable determination) that Tenant has the financial wherewithal to complete same lien-free and otherwise in accordance with the terms of this Lease and the Governing Documents. If such assurances are not, in Landlord's reasonable determination, adequate, then Landlord may request further financial assurances in the form of a bond or delayed. Notwithstanding the foregoing, Tenant shall be permitted letter of credit reasonably satisfactory to make Minor Alterations (as defined below) without Landlord in form and substance and in an amount equal to or greater than 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 's reasonable estimate 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 anticipated cost of removing such alterations or additions and the restoration of the PremisesAlterations.

Appears in 1 contract

Samples: Lease Agreement (Corporate Property Associates 17 - Global INC)

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

Samples: Office Lease Agreement (American Caresource Holdings, Inc.)

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 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 approvalproposed work, which approval shall not be unreasonably withheld withheld, including 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, including, without limitation, paint, carpeting, wall or delayedwindow coverings and the use of carpet glues and other chemicals for installation of such materials. 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 the option deliver 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 Landlord copies of the Initial Term of this Leaseplans and specifications for the contemplated work and shall identify the contractor(s) selected by Tenant to perform such work. Landlord may, as a condition to consenting to such work, require that Tenant if requested by Landlord shall remove any signs and repair any damages provide security adequate in Landlord's judgment so that the improvements or other alterations to the Leased Premises resulting from such removalwill be completed in a good, workmanlike and lien free manner. During the term, Tenant shall not make Landlord may also require that any alterations, additions, improvements, non-cosmetic changes or other material changes work done to the interior of the Leased Premises without be subject to the prior written approval supervision of Landlord or its designee. All such improvements or alterations must conform to and be in substantial accordance in quality and appearance with the quality and appearance of the improvements in the remainder of the Leased Premises. All such improvements shall be the property of Landlord, which 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 alterations, improvements, etc. made 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 approved by 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 right 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 reputation of Tenant's architect and/or contractor. Notwithstanding anything to the contrary herein, Tenant may construct interior nonstructural alterations, additions were madeand improvements in the Leased Premises without Landlord's prior approval, or (ii) reimburse Landlord for if the cost of removing such work does not exceed in the aggregate Fifty Thousand Dollars ($50,000.00) in any calendar year. All trade fixtures and personal property installed in the Leased Premises at Tenant's expense ("Tenant's Property") shall ----------------- at all times remain Tenant's property and Tenant shall be entitled to all depreciation, amortization and other tax benefits with respect thereto. Except for alterations or additions and improvements which cannot be removed without structural injury to the restoration of Leased Premises, at any time Tenant may remove Tenant's Property from the Leased Premises, provided Tenant repairs all damage caused by such removal.

Appears in 1 contract

Samples: Office Lease (CBT Group PLC)

ALTERATIONS AND IMPROVEMENTS. Except for minor, decorative alterations which do not affect the Building structure or systems, do not require a permit, are not visible from outside the Premises and do not cost in excess of $10,000.00 for any single project (or group of related projects), Tenant shall have 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 Landlord’s sole discretion 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 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 become the property of Landlord upon the expiration or earlier termination of the Lease 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 (if Landlord notified Tenant at the time of Landlord’s consent to any such alterations, additions or improvements that Landlord reserved the right at to require the removal thereof). Notwithstanding the foregoing, in no event shall Tenant be required to remove any time of the Tenant Improvement Work unless otherwise required pursuant to the Work Letter. 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, 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 any and all claims for damages or death of persons or damage or destruction of property arising out of or relating to the performance of any such alterations, additions or improvements made by or on behalf of Tenant (excluding any Landlord’s Work). 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, any such contractors or workmen must first be approved, in writing, by Landlord (which approval shall will not be unreasonably withheld or delayedwithheld). Upon Landlord agrees to assign to Tenant and itself, for the expiration of the Initial Term term of this Lease, Tenant shall any rights Landlord may have against the option contractor of the 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 repairedLandlord at the request of Tenant. Also, upon the expiration The cost of the Initial Term of this LeaseAlterations to be paid by Tenant shall include a reasonable charge for the administration, Tenant if requested by Landlord or an agent, of the construction or installation of the Alterations, the amount of which shall remove any signs and repair any damages bear a reasonable relationship 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 scope 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 Alterations and the restoration costs of performing the Premisesadministration.

Appears in 1 contract

Samples: Office Lease Agreement (Invuity, Inc.)

ALTERATIONS AND IMPROVEMENTS. (A) Landlord's Consent. Subject to the prior written approval of Landlord not to be unreasonably withheld, Tenant may from time to time request changes and non-structural alterations, additions or improvements in or to the Leased Property. Tenant shall not make, or cause or permit the making of, any structural alterations, additions or improvements, including demolition and rebuilding in or to the Leased Property without obtaining Landlord's prior consent thereto in each instance. Notwithstanding the foregoing, Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause non-structural alterations to be madethe Leased Property which do not exceed $50,000 in the aggregate and change the paint and wallpaper in the Leased Property without Landlord’s consent, any provided that Tenant shall give Landlord prior written notice of its intention to do so, which notice shall include a detailed statement of the anticipated non-structural alterations and/or design changes. Plans and Specifications showing the proposed structural alterations, additions, or improvements, or install or cause additions and improvements shall be submitted to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, Landlord for approval 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 part of the Initial Term application for Landlord's consent along with copies 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 repairednecessary permits. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove respond to Tenant’s request for consent within 15 days after receipt of such request. Contractors for 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 alterations must be approved by Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding Notwithstanding, if Tenant includes in its written request a notice that Landlord’s failure to respond within 15 days shall be deemed an approval, then if Landlord fails to respond to Tenant within said 15 days after receipt of Tenant’s request, the foregoingrequest shall be deemed approved. At its sole cost and expense, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterationsobtain all required licenses, as used herein, shall be defined as temporary and permanent certificates of occupancy and other governmental approvals in connection with any structural alterations, additions or improvements, etc. made Tenant shall not make any changes to the Premises (excluding the facade thereof) which do not affect the structure exterior common areas of the buildings, their Building or the Building 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 systems designated for the cost of removing such alterations or additions and the restoration of the PremisesLeased Property.

Appears in 1 contract

Samples: Sublease Agreement (First Albany Companies Inc)

ALTERATIONS AND IMPROVEMENTS. Tenant shall have bear the right expense of all permits, alterations and improvements which, are necessary in order to make the Demised Premises suitable for Tenant's occupancy. Such alterations and improvements shall be constructed under a no-lien contract and in compliance with all applicable codes, laws and ordinances and shall be made by competent licensed contractors in strict accordance with plans and specifications submitted to and approved by Landlord prior to the commencement of any work at the Demised Premises. Landlord's approval of such plans and specifications shall not excuse Tenant from compliance with all applicable laws, regulations, codes, and ordinances nor render Landlord liable for any time throughout incompleteness or design insufficiency therein. Tenant shall indemnify and save harmless Landlord from all costs, loss or expense in connection with any construction or installation. No person shall be entitled to any lien directly or indirectly derived through or under Tenant or through or under any act or omission of Tenant upon the term Demised Premises for any improvements or fixtures made thereon or installed therein or for or on account of any labor or material furnished to the Demised Premises or for or on account of any matter or thing whatsoever. Nothing in this Lease and contained shall be construed to constitute a consent by Landlord to the creation of any extensions hereoflien. In the event Tenant causes, to make suffers or cause to be made, permits the creation of any alterations, additionslien against the Demised Premises, or improvementsany part thereof, 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 a lien is filed because of the Initial Term of this Leasealleged non-payment by Tenant, Tenant shall have the option cause such lien 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 be released within ten (10) days after actual notice of the Initial Term of this Leasefiling thereof, Tenant if requested by or shall furnish Landlord shall remove any signs a bond, in form, with surety, and repair any damages in an amount satisfactory 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 conditioned to indemnify Landlord 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 the Premises (excluding the facade thereof) which do not affect the structure foreclosure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcsuch lien., 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

Samples: First State Financial Corp/Fl

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 4TH: No alterations, additions, additions or improvements, or install or cause to improvements 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 Landlord’s prior made without the written approval, consent of the Landlord Improvements which approval shall not be unreasonably withheld or delayedwithheld. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove Any such alterations, decorations, additions or improvements made must be done in a xxxxxxx like manner in keeping with all building codes and regulations and in no way harm the structure of the demised premises. It is understood that Tenant intends to subdivide the one existing theater at the demised premises into five separate theaters. Tenant shall comply with the conditions contained in a letter from the Township of Cedar Grove Director of Community Development dated April 17, 1990, as modified by itletter of April 30, provided any damage to Premises resulting from such removal is repaired1990. Also, upon At the expiration of this Lease or any extension thereof, Tenant, at its expense, upon written request from Landlord must restore the Initial Term within demised premises to its original condition, except as shall have been modified by the above permitted subdivision and alterations made pursuant thereto. The Landlord reserves the right, before approving any such alterations, additions or improvements to require the Tenant to furnish him a good and sufficient bond, conditioned that it will save Landlord harm less from the payment of this Leaseany claims either by way of damages or liens. All of such alterations, additions or improvements shall be made solely at the expense of the Tenant; and the Tenant if requested agrees to protect, indemnify and save harmless the Landlord on account of any injury to third persons or property, by reason of any such alterations, additions or improvements, and to protect, indemnify and save harmless Landlord shall remove from the payment of any signs and repair claim of any damages to the Premises resulting from such removalkind or character on account of bills for labor or material in connection therewith. During the term, Signs 5TH: The Tenant shall not make place nor allow to be placed any alterationssigns of any kind whatsoever, additionsupon, improvementsin or about the said premises or any part thereof, non-cosmetic changes except of a design and structure and in or other material changes at such places as may be indicated and consented to by the Premises without the prior written approval of Landlord, Landlord in writing which approval shall not be unreasonably withheld withheld. In case the Landlord or delayed. Notwithstanding the foregoingLandlord's agents, Tenant employees or representatives shall be permitted deem it necessary 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 signs in order to paint or make any repairs, alterations or additions and repair improvements in or upon said premises or 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 part thereof, they may be so removed but shall be replaced at true Landlords expense when any such said repairs, alterations or additions were made, improvements shall have been completed. Any signs permitted by the Landlord shall at all times conform with all municipal ordinances or (ii) reimburse Landlord for the cost of removing such alterations or additions other laws and the restoration of the Premisesregulations applicable thereto.

Appears in 1 contract

Samples: Lease Agreement (Clearview Cinema Group Inc)

ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease Except as described on Exhibit C, attached hereto and any extensions made a part hereof, Landlord shall not be required to make alter or cause improve the Premises or the Building. Tenant accepts the Premises in an "as is" condition and agrees to be madeperform alterations or improvements to the Premises in accordance with plans and specifications prepared by a certified architect, any alterationsall at Tenant's sole cost and expense, additions, or improvements, or install or cause subject 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, approval which approval shall not be unreasonably withheld withheld, and in accordance with all applicable laws, ordinances, rules and regulations. Prior to commencing any alteration or delayed. Upon improvement to the expiration of the Initial Term of this LeasePremises, Tenant shall have forward to Landlord three (3) sets of blueprints and one (1) set of sepias of Tenant's proposed work. Landlord may in its sole discretion impose requirements as to the option manner of performance of any work by or for Tenant in the Premises. All work shall be performed in a good and workmanlike manner using quality material and shall be promptly completed, lien-free, by a contractor who is insured, bonded and has been pre-approved by Landlord. Prior to remove the commencement of 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 Leasework, Tenant if requested by agrees to deliver to Landlord a Certificate of Worker's Compensation insurance in statutory limits from each contractor and subcontractor as well as evidence of automobile insurance, including "non-owned" automobiles, covering personal injury, bodily injury and property damage, including death resulting therefrom, in the combined single limit amount of $1,000,000.00 and comprehensive general liability in the combined single limit amount of $1,000,000.00, with Landlord listed as an additional named insured. Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, reimburse 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 renovation or construction work performed by Tenant (excluding all consultation and design fees), in the amount and manner hereinafter provided. The amount of such alterations or additions reimbursement being hereinafter referred to as "Tenant's Allowance". It is understood and agreed that Tenant's Allowance shall cover on the restoration cost of the Premises.construction to be completed by Tenant, hereinafter referred to as "Tenant's Work", as delineated in the plans and specifications approved by Landlord. Tenant's Allowance shall not exceed a total amount of Two Hundred Fifty Two Thousand Seven Hundred Eighty and 00/100 Dollars ($252,780.00), or the actual cost of construction of Tenant's Work as evidenced by the lowest competitive bid therefore, whichever is less. Landlord shall pay Tenant's Allowance to Tenant within thirty (30) days of completion of Tenant's Work and satisfaction of the following conditions:

Appears in 1 contract

Samples: Lease (Webex Communications Inc)

ALTERATIONS AND IMPROVEMENTS. In preparation for Tenant's occupancy, Landlord shall make, at Landlord's sole cost and expense, the alterations and improvements to the demised premises described on Schedule "A" (not applicable at this time-building is leased as-is), attached hereto and incorporated by reference (the "Landlord's initial improvements"). Tenant shall have not make any alterations or improvements to the right at premises of any time throughout the term of this Lease and kind, nor shall Tenant install 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 lighting fixtures, shades or awnings, as Tenant may deem necessary (inside or suitable with outside the demised premises) or install sliding doors in or on, or alter the structure of or obstruct any portion of the demised premises in any manner without first having obtained Landlord’s 's prior written approvalconsent to the installation or construction of such alteration or improvement, which as well as Landlord's written approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term design, materials, size and location thereof, and Landlord's consent, at Landlord's sole option, may also be conditioed upon the posting of this Lease, Tenant shall have the option to remove such a payment and performance bond. All alterations, decorationsadditions, additions improvements and such fixture other than trade fixtures which as a matter of law have become a part of the realty which may be made or improvements made installed by iteither of the parties hereto upon the premises and which in any manner are attached to the floors, provided any damage to Premises resulting from such removal is repaired. Alsowalls or ceilings shall, 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 Leaselease, either: (i) become the property of landlord without any payment by Landlord therefor, provided that Landlord may at its option require Tenant to remove from the premises at Tenant's expense all or any such alterations portion or additions item heretofore specified at the expiration of this lease. Tenant agrees to remove all signs and repair any damage personal insignia which may be displayed in or about the demised premises at the termination of this lease. Tenant agrees 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 pay Landlord for the cost repair of removing any damage caused to the demised premises by Tenant's removal of such alterations or additions and the restoration of the Premisesitems.

Appears in 1 contract

Samples: Exactech 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, 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 unless in each instance and for each such alteration, addition or improvement Landlord or a contractor approved by Xxxxxxxx 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 Section 1(d) of this Lease, do not adversely affect the utility of the Premises for future tenants, do not alter the exterior of the Building, and are accompanied 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 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 Xxxxxx. All such contractors hired by Xxxxxx shall be, at levels and coverages prescribed by Landlord, bonded and insured, and Landlord may require evidence of same, which Xxxxxx 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 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 termination 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 improvements and/or to the buildings extent Landlord on behalf of Tenant under "Extra Work Agreement" makes such alterations, additions or improvements, and as a result thereof it can be determined that such alterations, additions or improvements caused an increase in which real estate taxes or insurance premiums, then Tenant shall be responsible for reimbursing Landlord for such increases as Landlord may pay. Tenant shall keep the Premises are located) occasioned and Building free from any liens arising from any work performed in accordance with this Lease. Any such alterations, additions or improvements conducted by their installation or removal Tenant shall be in accordance with all federal, state and restore local laws, rules and regulations, including, without limitation, 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 PremisesADA.

Appears in 1 contract

Samples: Lease Agreement (Affinity International Travel Systems Inc)

ALTERATIONS AND IMPROVEMENTS. 9.1 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 made, any alterations, additionsdecorations, additions or 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 the Demised Premises without first obtaining Landlord’s prior written approvalconsent thereto, which approval consent may be arbitrarily withheld with respect to any proposed structural alterations or additions, but shall not be unreasonably withheld as to other alterations or delayedadditions; provided that no consent shall be required for purely decorative alterations, or other non-structural alterations which do not affect any building systems costing, in the aggregate, less than $200,000 provided that for any non-structural alterations or improvements not affecting any building systems having a value in the aggregate of more than $50,000 Tenant shall provide the Landlord with a copy of all permits and plans and specifications for such alterations and improvements before the work commences, and a copy of all governmental inspections and approvals upon completion of such work. Upon Landlord may in its sole and absolute discretion provide notice to the Tenant not later than three (3) months prior to expiration of the Initial Term Termination Date that Landlord elects to assume ownership of this Lease, Tenant shall have the option to remove any or all of such alterations, decorations, additions or improvements made by itimprovements, provided any damage to Premises resulting from in which case such removal is repaired. Also, items shall become the property of the Landlord upon the expiration of the Initial Term of this Leaseand shall be turned over to Landlord in good condition and repair, reasonable wear and tear, damage by casualty, and other matters which are not Tenant’s responsibility hereunder excepted. If Landlord does not elect to assume ownership by notice to Tenant if requested by Landlord shall remove any signs and repair any damages to as provided in the Premises resulting from such removal. During the termpreceding sentence, Tenant shall not make any all alterations, additionsdecorations, improvementsadditions or improvements upon the Demised Premises made by either party (including, non-cosmetic changes or other material changes to but not limited to, paneling, partitions, railings, and 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 hereinlike), shall be defined as any alterations, improvements, etc. made to removed from the Demised Premises (excluding and 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 Demised Premises 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 be restored to substantially the same condition as existed prior at the Commencement Date at the end of the Term, in the manner hereinafter provided at the sole cost of the Tenant. Notwithstanding the foregoing, the Tenant shall not be required to remove those Allowance Improvements located within the existing office areas of the Demised Premises. Tenant shall at Tenant’s sole cost and expense engage competent contractors reasonably acceptable to the time when any Landlord to remove all alterations, decorations, additions and improvements and to restore the Demised Premises and deliver same to Landlord on the Termination Date in accordance with the attached Schedule “D” (all such alterations work hereinafter referred to as the “Restoration Work”) at Tenant’s expense; except that in the case of Restoration Work that involves structural work to the Building or additions were madework to areas outside of the Demised Premises, Tenant shall, at the Landlord’s option in Landlord’s sole discretion, either: (a) pay the Landlord the reasonable cost to perform the structural work at Tenant’s sole cost and expense; or (iib) reimburse Tenant shall at Tenant’s expense engage competent contractors reasonably acceptable to the Landlord for to complete the cost of removing such alterations structural or additions and the exterior restoration of the Premises.work..

Appears in 1 contract

Samples: Lease Agreement (G Iii Apparel Group LTD /De/)

ALTERATIONS AND IMPROVEMENTS. (a) Tenant shall have the right at any time throughout the term of this Lease and any extensions hereofnot make, to make suffer or cause permit to be made, made any alterations, additionsAlterations (as hereinafter defined) to or of the Premises or any part thereof, or improvementsattach any fixtures or equipment thereto, 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 without first obtaining Landlord’s prior written approvalconsent, which approval consent shall not be unreasonably withheld or delayed. Upon delayed with respect to non-structural, interior Alterations that do not affect or involve the expiration Building’s electrical, plumbing, mechanical or fire/life safety systems or any other Building systems or the exterior façade or exterior appearance of the Initial Term of this Lease, Tenant shall have Premises or 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 delayedBuilding. Notwithstanding the foregoing, after at least ten (10) days prior written notice to Landlord but without any requirement for Landlord’s consent, Tenant may repaint and install carpet in the Premises and perform any other non-structural Alterations of a purely decorative nature, which do not require the issuance of a building permit or affect any building systems. All Alterations (excluding Tenant’s movable furniture, equipment and trade fixtures) shall become Landlord’s property at the expiration or earlier termination of the term hereof and shall remain on the Premises without compensation to Tenant. Notwithstanding the foregoing, Landlord may elect by written notice to Tenant to have Tenant remove such Alterations, in which event, Tenant shall be permitted promptly restore, at its sole cost and expense, the Premises to its condition prior to the installation of such Alterations, normal wear and tear excepted. In relation to the foregoing, Landlord acknowledges and agrees that it shall advise Tenant as to whether or not it shall require the removal of each respective Alteration, (x) within ten (10) days of being notified of Tenant’s intention to make Minor the subject Alterations where notification rather than consent is required or (as defined belowy) without at the time Landlord grants its consent to the subject Alteration under circumstances where Xxxxxxxx’s consent is required. Landlord agrees that Tenant may install one (1) wire forklift system in the Premises subject to Landlord’s prior written consentapproval of the specifications and manner of affixation in the Premises. Minor Alterations, as used herein, shall Xxxxxxxx agrees that Tenant will not be defined as any alterations, improvements, etc. made required to remove such wire forklift system from the Premises (excluding exclusive of actual racking which shall be removed by Tenant) at the facade thereof) which do not affect the structure end of the buildingsTerm, their systems or equipment. If Landlord approves any alterationsprovided, additionshowever, improvementsthat the anchor bolts for such forklift system shall be cut, etc., Landlord shall notify Tenant, in writing, along ground down and filled with epoxy to Landlord’s approval notice, of whether Tenant shall, upon reasonable satisfaction on or before the expiration or earlier termination of this Lease, either: (i) remove any such alterations or additions and repair any damage the Lease Term. Landlord hereby consents to the Premises Alterations shown on the plans attached hereto as Exhibit I (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“Tenant Approved Plans”).

Appears in 1 contract

Samples: Lease Agreement (Haights Cross Communications Inc)

ALTERATIONS AND IMPROVEMENTS. 1. 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, 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, not to be unreasonably withheld, conditioned, or delayed. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made Prior to the Premises (excluding the facade thereof) which do not affect the structure commencement of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc.Lease, Landlord shall notify Tenant, in writing, along with will provide Landlord’s approval noticebuilding standard finish out in accordance with the parameters outlined in Exhibit “D” attached hereto (“Landlord’s Work”). Landlord shall proceed with due diligence to complete both Landlord’s Work and Tenant’s Work (collectively the “Work”) in compliance with Exhibit “D” attached hereto, of whether Tenant shallor as otherwise agreed, 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 tender the Premises to Tenant. The Premises shall be “substantially complete” when all of the same condition Work on the Premises shall have been fully performed, with only such omissions or deviations as existed prior to are inadvertent and unintentional, and are remediable without impairing 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 intended use of the Premises. The Premises shall be deemed to be ready for occupancy when Landlord certifies in writing to Tenant that Landlord has substantially completed the Work and Landlord has in fact substantially completed the Work to such point that Tenant may immediately occupy the premises and commence its intended business operations (“Substantial Completion”). Tenant shall promptly inspect the Work and accept same if in compliance with the terms hereof (“Acceptance”), which shall not be unreasonably withheld, conditioned or delayed. All construction work done by Landlord shall be performed in a good and workmanlike manner, in compliance with all governmental requirements, and in accordance with the description of the Work in Exhibit “D.” If approved in writing by Tenant, any costs for tenant finish-out in excess of the Landlord’s building standard shall be borne by Tenant. If deemed reasonably necessary, specific construction details will be memorialized in a letter agreement between Landlord and Tenant prior to commencement of construction, which will form part of Exhibit “D” to this Lease.

Appears in 1 contract

Samples: Lease Agreement (Fuse Medical, Inc.)

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 Xxxxxx’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 Xxxxxx 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

Samples: Lease Agreement

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

Samples: Sublease Agreement (Allion Healthcare 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 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. Notwithstanding the foregoing to the contrary, the foregoing removal option shall not apply if at the time Tenant requested Landlord’s consent to such alterations, additions or improvements, Tenant delivered a notice to Landlord which included the phrase in bold type, “LANDLORD MUST RESPOND TO TENANT IN WRITING WHETHER OR NOT THE ALTERATIONS, ADDITIONS OR IMPROVEMENTS WHICH ARE THE SUBJECT OF THIS NOTICE MUST BE REMOVED IN ORDER TO RESTORE THE PREMISES TO THE CONDITION EXISTING ON THE COMMENCEMENT DATE”. Following receipt of such a notice from Tenant, Landlord shall indicate whether such alterations, additions or improvements will need to be removed at the expiration or earlier termination of this Lease, and Landlord shall be bound by such determination thereafter. 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. 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 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 Tenantreasonably approved, 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

Samples: Lease Agreement (DARA BioSciences, Inc.)

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ALTERATIONS AND IMPROVEMENTS. Tenant shall have not make alterations or additions to the right at any time throughout the term of this Lease Premises except in accordance with plans and any extensions hereofspecifications therefor first approved by Landlord, 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 which approval, which approval in the case of a nonstructural alteration not including the roof or the mechanical utility systems of the Building, shall not be unreasonably withheld or delayedand shall be deemed given if Landlord does not object thereto, by written notice to Tenant, within fourteen (14) days of written request for such approval accompanied by the plans and specifications therefor. 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 hang shades, curtains, signs, awnings or other materials, attach any materials to or make any alterationschange in the appearance of any glass visible from outside of the Premises, additionsadd any window treatment of any kind or make improvements or install furniture visible from outside of the Premises, 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 buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc.Without limitation, Landlord shall notify Tenant, in writing, along with Landlord’s not be deemed unreasonable for withholding approval notice, of whether Tenant shall, any alterations or additions which would require unusual expense to readapt the Premises to normal office use upon termination of this Lease, either: (i) remove any such Lease or increase in the cost of insurance or Taxes. The parties understand and agree that cubicles and workbenches shall not be deemed alterations subject to approval hereunder. All alterations and additions shall be part of the Premises unless and until Landlord shall specify the same for removal in a notice delivered to Tenant on or before the Lease Termination Date. All of Tenant's alterations and additions and repair installation of furnishings shall be coordinated with any work performed by Landlord and in such a 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 contractors or workmen first reasonably approved by Landlord. 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 furnished by them; and cause each contractor to carry workmen's compensation insurance in statutory amounts covering all the contractor's and subcontractor's employees and comprehensive public liability insurance with such limits as Landlord may reasonably require, but in no event less than $500,000 - $1,000,000, and property damage insurance with limits of not less than $500,000 (all such insurance to be written in companies approved by Landlord and insuring Landlord and Tenant 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 for labor or materials performed or furnished in connection therewith to attach to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises immediately to substantially the same condition as existed prior to the time when discharge any such alterations liens which may so attach. All construction work done by Tenant, its agents, employees or additions were made, manner and in compliance with all Legal Requirements and Insurance Requirements. Landlord may inspect such work at any time or (ii) reimburse Landlord for the cost times and shall promptly give notice to Tenant of removing such alterations or additions and the restoration of the Premisesany observed defects.

Appears in 1 contract

Samples: Net Lease (Kofax Image Products Inc)

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

Samples: Industrial Lease Agreement (Applied Imaging 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 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

Samples: Lease Agreement (Emageon Inc)

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 consent shall not be unreasonably withheld withheld, conditioned 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 without and/or the prior written approval Storage Area (hereinafter referred to as a "Change"). Tenant's reconfiguration of its office units shall not require Landlord's consent unless such reconfiguration results in alterations to the Building's HVAC, electrical, plumbing or other utility systems. If Landlord consents to a Change it may impose such conditions with respect thereto as Landlord, acting in its reasonable discretion, deems appropriate, including without limitation, requiring Tenant to furnish Landlord security for the payment of all costs to be incurred in connection with the Change, insurance against liabilities which approval may arise out of such work naming Landlord as an additional insured together with all necessary permits for such Change. The work necessary to make the Change shall not be unreasonably withheld done at Tenant's expense by employees or delayedcontractors hired by Landlord except to the extent that Landlord may agree otherwise, and shall be performed in such manner and at such times as Landlord shall direct to minimize disturbance to other tenants. Notwithstanding Tenant shall promptly pay, when due, the foregoingcost of all such work and of all decorating required by reason thereof. Tenant shall also pay to Landlord a percentage of the cost of such work (such percentage to be established on a uniform basis for the Building by Landlord from time to time and shall not, in any event, exceed ten percent (10%) of the cost of such work if there shall be no general contractor selected and paid by Tenant, approved by Landlord and retained for such work, or five percent (5%) of the cost of such work if there shall be such a general contractor selected and paid by Tenant, approved by Landlord and retained for such work) sufficient to reimburse 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 by Tenant, 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), and Tenant shall defend and hold Landlord and the Building harmless from all costs, damages and liens and expenses related to such work. In connection with such work Tenant shall never be permitted to make Minor Alterations (as defined below) without deemed an agent of Landlord’s prior written consent. Minor Alterations, as used herein, All work done by Tenant or Tenant's contractors shall be defined as done in a good and workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all Conditions. Tenant's contractors may not utilize any alterationsnon-union or other employees or procedures which might delay, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure hinder or otherwise interfere with Landlord's construction activities in or management of the buildingsBuilding. In consideration of Landlord's consent to such Change, their systems or equipment. If Landlord approves any alterationsChange shall (without further compensation to Tenant) become Landlord's property at the termination of the Term, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant and shall, upon termination of this Leaseunless Landlord requests otherwise, either: (i) remove any such alterations or additions and repair any damage be relinquished to the Premises (or the buildings Landlord 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 madegood condition, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premisesordinary wear excepted.

Appears in 1 contract

Samples: Nondisturbance and Subordination Agreement (Ebs Building LLC)

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

Samples: 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

Samples: Lease Agreement (Pharmchem Laboratories Inc)

ALTERATIONS AND IMPROVEMENTS. 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 shall not be unreasonably withheld. 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 time throughout leasehold improvements, physical additions or improvements in the term Premises in order to restore the Premises to the condition which existed prior to Landlord leasing the Premises to Tenant. All costs of alterations, additions or improvements to which Landlord consents shall be borne by Tenant. Landlord shall, under no circumstances during the Term of this Lease, be required by to carry any insurance on nor shall Landlord be liable for any damage or loss to said alterations, additions or improvements or to any leasehold improvements made by Landlord for the benefit of Tenant; and provided further, that 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, additionsadditions improvements, or repairs are to be performed by contractors or workmen other than Landlord's contractors or workmen, such contractors or workmen must first be approved in writing by Landlord. During the construction of any such alterations, additions or improvements, Tenant shall carry insurance in types and amounts and with carriers reasonably acceptable to Landlord. Tenant shall comply with all reasonable rules and regulations adopted by Landlord for construction in the Building. Tenant shall keep the Building and the Property and Landlord's interest therein free from any liens arising from any work performed, materials furnished or install obligations incurred by or cause on behalf of Tenant. Notice is hereby given that neither Landlord nor any mortgagee or lessor of Landlord shall be liable for any labor or materials furnished to be installed Tenant. If any trade fixturelien is filed for such work or materials, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as such lien shall encumber only Tenant's interest in leasehold improvements in the Premises. Within ten (10) days after Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration learns of the Initial Term filing of this Leaseany such lien, Tenant shall have either discharge or cancel such lien of record or post a bond sufficient under 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 laws of the Initial Term State of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages Georgia to cover double 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 amount of the buildingslien claim plus any penalties, their systems or equipmentinterest, attorney's fees, court costs and other legal expenses in connection with such lien. If Landlord approves any alterations, additions, improvements, etc.Tenant fails to so discharge or bond such lien within ten (10) calendar days after written demand from Landlord, Landlord shall notify Tenanthave the right, in writingat Landlord's option, along with Landlord’s approval noticeto pay the full amount of such lien without inquiry into the validity thereof and Landlord shall be promptly reimbursed upon demand by Tenant for all amounts so paid by Landlord including expenses, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions interest 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 Premisesattorney's fees.

Appears in 1 contract

Samples: Lease Agreement (Med E America Corp)

ALTERATIONS AND IMPROVEMENTS. (a) Tenant shall have the right at any time throughout right, without having obtained the term prior written consent of this Lease Landlord and any extensions hereofprovided that no Event of Default then exists, (i) to make non-structural Alterations or cause a series of related non-structural Alterations that, as to be madeany such Alterations or series of related Alterations, do not cost in excess of $500,000 in any alterationstwelve (12) month period and (ii) to install Equipment in the Improvements or accessions to the Equipment that, additionsas to such Equipment or accessions, do not cost in excess of $500,000 in any twelve (12) month period, so long as at the time of construction or installation of any such Alterations or Equipment described above, the value and utility of the Leased Premises is not diminished thereby. If the cost of any non-structural Alterations, series of related non-structural Alterations, Equipment or accessions thereto is in excess of $500,000, or improvementsif Tenant desires to make structural Alterations to the Leased 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 the prior written approvalapproval of Landlord shall be required, which approval shall not be unreasonably withheld withheld, delayed or delayedconditioned. Upon Tenant shall not construct upon the Land any additional buildings without having first obtained the prior written consent of Landlord, which consent shall not be unreasonably withheld. Landlord shall have the right to require Tenant to remove any Alterations which either (A) Tenant installed without Landlord’s prior consent, provided Landlord’s consent was required for such Alteration, or (B) Landlord notified Tenant, at the time of its consent, that Landlord requires such Alterations to be removed at the expiration of the Initial Term Term, except for those Alterations required by Law and any Improvements or Equipment existing as of the date 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 As used herein, a “non-structural Alteration” shall be defined as mean an Alteration that (x) does not affect any alterations, improvements, etc. made capital components of the building systems or main service lines to the Premises point of entry into the Primary Building, and (excluding the facade thereofy) which do does not affect the structure building structure, roof, or external appearance of any of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcImprovements., 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

Samples: Lease Agreement (Lincoln Educational Services Corp)

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, nonwork in a xxxxxxx-cosmetic changes 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

Samples: Suit and Lease Agreement (ArborGen 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

Samples: Flex Lease (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

Samples: Gsi Group Inc

ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout right, without having obtained the term prior written consent of this Lease Landlord and any extensions hereofLender and provided that no Event of Default then exists, (i) to make non- structural Alterations or cause a series of related non-structural Alterations that, as to be madeany such Alterations or series of related Alterations (within any period), do not cost in excess of the Threshold Amount and (ii) to install Building Systems and Components in the Improvements or accessions to the Building Systems and Components that, as to such Building Systems and Components or accessions (installed within any alterationsperiod), additionsdo not cost in excess of the Threshold Amount, so long as at the time of construction or installation of any such Building Systems and Components or Alterations no Event of Default exists and the value and utility of the Leased Premises is not materially diminished thereby. If the cost of any non-structural Alterations, series of related non-structural Alterations, Building Systems and Components or accessions thereto is in excess of the Threshold Amount, or improvements, or install or cause if Tenant desires 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 make structural Alterations to the Premises resulting from such removal. During the termLeased Premises, 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 shall be required, such approval not to be unreasonably withheld, delayed or conditioned. Tenant shall not construct upon the Land any additional buildings without having first obtained the prior written consent of Landlord, such approval not to be unreasonably withheld, delayed or conditioned. Landlord shall have the right to require Tenant to remove (i) any Forced Removal Items, (ii) any Alterations installed in violation of applicable Legal Requirements, or (iii) any Alterations as to which Xxxxxx agreed in writing to remove at the expiration or earlier termination of the Term. If a response from Landlord is not received by Tenant within after the date of Tenant’s notice requesting approval of any Alteration, then such proposed Alteration shall be deemed approved. With respect to any Work required to comply with Legal Requirements or Insurance Requirements, if Landlord shall fail to respond to any written request for approval within of such written request, then the performance such Work as so requested shall be deemed approved by Landlord. 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”) whether or not Landlord's consent is required, then the Leased Premises shall not have its usefulness impaired in any material respect, (i) all such Work shall be unreasonably withheld performed by Tenant in a good and workmanlike manner, (ii) all such Work shall be expeditiously completed in compliance with all Legal Requirements, (iii) all such Work shall comply with the Insurance Requirements, (iv) if any such Work involves the replacement of Building Systems and Components or delayed. Notwithstanding parts thereto, all replacement Building Systems and Components or parts shall have a value and useful life at least equal to the foregoingvalue and useful life of the Building Systems and Components being replaced immediately prior to the occurrence of the event which required its replacement (assuming such replaced Building Systems and Components was then in the condition required by this Lease), (v) Tenant shall be permitted to make Minor Alterations promptly discharge or remove all liens filed against any of the Leased Premises arising out of such Work, (as defined belowvi) without Landlord’s prior written consent. Minor AlterationsTenant shall procure and pay for all permits and licenses required in connection with any such Work, as used herein, (vii) all such Work shall be defined as any alterations, improvements, etc. made the property of Landlord and shall be subject 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: and Tenant shall execute and deliver to Landlord any document reasonably requested by Landlord evidencing the assignment to Landlord of all estate, right, title and interest (iother than the leasehold estate created hereby) remove of Tenant or any such alterations other Person thereto or additions therein, and repair any damage (viii) Tenant shall comply, to the Premises (extent requested by Landlord or required by this Lease, with the buildings in which the Premises are locatedprovisions of Paragraphs 12(a) occasioned by their installation and 19(a), whether or removal and restore the Premises to substantially the same condition as existed prior to the time when any not 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

Samples: Agreement of Lease

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, additionsadditions or improvements to the Premises without prior written approval of Landlord, unless Landlord is hired to do such 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 . Such approval shall not be unreasonably withheld or delayed. Upon in the expiration case 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 interior of the Initial Term of this LeasePremises, 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, or improvements are normal for office use, do not adversely affect utility of the Premises for future tenants, do not alter the exterior of the Building, are not of a structural nature and are accompanied 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. Tenant shall conduct its work in such a manner as to maintain harmonious labor relations and is not to interfere with the operation of the Building and shall, prior to 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 alterations additions or improvements, non-cosmetic changes whether temporary or other material changes to 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 the prior written approval of Landlordcompensation to Tenant. If, 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.however, Landlord shall notify Tenant, request in writing, along with Landlord’s approval noticeTenant will, of whether Tenant shall, upon prior to 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 to caused by such removal. All of Tenant's furniture, movable trade fixtures and equipment (including removable equipment) may be removed by Tenant at 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 termination of the PremisesLease, 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.

Appears in 1 contract

Samples: Lease Agreement (Florida Banks Inc)

ALTERATIONS AND IMPROVEMENTS. Landlord hereby approves Tenant's plans for its initial improvements to the Premises, as set forth in Exhibit C hereto. Tenant may also make non-structural alterations or additions to the Premises costing less than $50,000 and not including the roof, structure or the mechanical systems of the Building, or to the electrical system of the Building costing less than $25,000 (referred to in this document as "Minor Non-Structural Alterations") without first obtaining the Landlord's written consent. Tenant will provide Landlord with no less than five (5) days written notice prior to undertaking any Minor Non-Structural Alterations hereunder having a cost in excess of $15,000, except in case of emergency. Tenant shall have not make any other alterations or additions to the right at any time throughout the term of this Lease Premises except in accordance with plans and any extensions hereof, to make specifications therefor first prepared by a licensed professional engineer 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 approvallicensed architect and approved by Landlord in writing, which approval shall not be unreasonably withheld withheld, conditioned or delayed. Upon the expiration of the Initial Term of this LeaseWithout limitation, 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 deemed unreasonable for withholding approval of any alterations or delayed. Notwithstanding the foregoing, Tenant shall be permitted additions which would require unusual expense 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 readapt 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, to normal Permitted Uses upon termination of this Lease, either: (i) remove any Lease or would result in an increase in the cost of insurance or Taxes and Tenant did not agree to assume such expense or increase in the cost of insurance or Taxes. All alterations and additions approved by Landlord in writing shall be a part of the Premises unless Landlord indicates otherwise at the time of approval of such alterations or additions and repair any damage pursuant to this paragraph. Tenant shall be responsible for 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 of such alterations or additions were madeso designated by Landlord, as well as for the removal of any other alteration and addition not approved in writing by Landlord, except for Minor Non-Structural Alterations, as to which Tenant shall not have a removal obligation at the end of the Lease. Landlord hereby agrees that Tenant is not obligated to remove from the Premises the alterations described in Exhibit C. All of Tenant's alterations and additions and installation of furnishings shall be coordinated with any work performed by Landlord and in such a manner as to maintain harmonious labor relations and not to damage the Building or the Premises. 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 (except for Minor Non-Structural Alterations); and cause each contractor to carry workmen's compensation insurance in statutory amounts covering all the contractor's and subcontractor's employees and comprehensive public liability insurance with such limits as Landlord may reasonably require, but in no event less than the following amounts for personal injury, death and property damage: $10,000,000 for riggers and high risk contractors; $3,000,000 for medium risk contractors; and $1,000,000 for low risk contractors (all such insurance to be written in companies approved by Landlord and insuring Landlord and Tenant as well as the contractors), and to deliver to Landlord certificates of all such insurance. The above amounts may be adjusted upwards by Landlord to reflect inflation. 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 for labor or materials performed or furnished in connection therewith to attach to the Premises and immediately to discharge or bond over (ii) reimburse with an insurance company satisfactory to Landlord for the cost of removing such alterations or additions and the restoration full amount of the Premisesclaim) within ten (10) days notice thereof any such liens which may so attach. All construction work done by Tenant, its agents, employees or contractors shall be done in a first class workmanlike manner and in compliance with all Legal Requirements and Insurance Requirements. Landlord may inspect such work at any time or times and shall promptly give notice to Tenant of any observed defects.

Appears in 1 contract

Samples: Lease (Quaker Fabric Corp /De/)

ALTERATIONS AND IMPROVEMENTS. 12.01 Limitations: Without limiting Section 13 below and except as set forth in Section 7.03, other than the 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 termImprovements, Tenant shall not make any alterations, additionsadditions or improvements to the Premises, improvementsor install any exterior signs or lettering, non-cosmetic changes interior or other material exterior lighting, or plumbing or mechanical fixtures, or make any changes to the storefront, without first obtaining Landlord’s written approval. Tenant shall present to Landlord plans and specifications for such additional work at the time approval is sought. In the event Landlord consents to the making of any alterations, additions, or improvements to the Premises without by Tenant, the prior written approval same shall be made by Tenant at Tenant’s sole cost and expense. All such work with respect to any alterations, additions and improvements shall be done in a good and workmanlike manner and diligently prosecuted to completion such that, except as absolutely necessary during the course of Landlordsuch work, the Premises shall at all times be a complete operating unit. Any such alterations, additions, or improvements shall be performed and done strictly in accordance with all laws and ordinances relating thereto. In performing the work or any such alterations, additions or improvements, Tenant shall have the same performed in such a manner as not to obstruct access to any portion of the Building. Any alterations, additions, or improvements to the Premises, made pursuant to this Article or pursuant to Section 7.03 including, but not limited to, wall and floor coverings; paneling; HVAC, electrical and plumbing systems; cabinet portions of any exterior signs and built-in cabinet work, (excluding movable furniture, equipment, sign fascia or individual sign lettering and trade fixtures all of which approval can be removed), shall not at once become a part of the realty and shall be unreasonably withheld or delayedsurrendered with the Premises unless Landlord otherwise elects at the time of approval. Notwithstanding the foregoing, however, for tax purposes, Tenant shall be permitted deemed to make Minor Alterations be the owner (as defined belowwithout removal rights) 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 such permanent alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon or improvements until 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

Samples: Warehouse Lease Agreement (Obagi Medical Products, Inc.)

ALTERATIONS AND IMPROVEMENTS. (a) 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 madeperform, or permit the making or performance of, any initial or subsequent tenant finish work or any alterations, additionsinstallations, or decorations, improvements, additions or install other physical changes in or cause 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 installed made by Tenant to adapt the Leased Premises for Tenant's business purposes. Notwithstanding the foregoing provisions or Landlord's consent to any trade fixtureAlterations, signsall 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, floor coveringsuch 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, interior or exterior painting or lightingarchitectural, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval mechanical and structural drawings) for each proposed Alteration and shall not be unreasonably withheld or delayedcommence any such Alteration without first obtaining Landlord's written approval of such plans and specifications. Upon Prior to the expiration commencement of the Initial Term of this Leaseeach proposed Alteration, Tenant shall have the option furnish to remove Landlord duplicate original policies of worker's compensation insurance covering all persons to be employed in connection with such alterationsAlterations, decorationsincluding those to be employed by all contractors and subcontractors and comprehensive public liability insurance (including property damage coverage) in which Landlord, additions its agents, and any lessor under any ground or improvements made by itunderlying lease, provided and any damage to Premises resulting from such removal is repaired. Also, upon the expiration mortgagee of the Initial Term 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 this Leasesuch 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 shall remove any signs and repair any damages at the time of Landlord's consent 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 agree to restore the Leased Premises (excluding at 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 LeaseLease to their condition prior to making such Alterations. All permits, either: (i) remove 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 alterations materials or additions 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 repair any damage to obtain, a certificate of occupancy from the Premises (or the buildings city in which the Leased Premises are located) occasioned by their installation or removal and restore the Premises . Tenant shall furnish such certificate 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 promptly after issuance of removing such alterations or additions and the restoration of the Premisessame.

Appears in 1 contract

Samples: Lease Agreement (Monitronics International Inc)

ALTERATIONS AND IMPROVEMENTS. (a) Tenant shall have the right at any time throughout right, without having obtained the term prior written consent of this Lease Landlord and any extensions hereofLender and provided that no Event of Default then exists, (i) to make non-structural 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 awningsa series of related non-structural Alterations that, as Tenant may deem necessary to any such Alterations or suitable with Landlord’s series of related Alterations, do not cost in excess of Major Alterations Amount and (ii) to install Equipment in the Improvements or accessions to the Equipment that, as to such Equipment or accessions, do not cost in excess of Major Alterations Amount, so long as at the time of construction or installation of any such Equipment or Alterations no Event of Default exists. If the cost of any non-structural Alterations, series of related non-structural Alterations, Equipment or accessions thereto is in excess of Major Alterations Amount, the prior written approval, approval of Landlord and Lender that is an Institutional Lender which approval shall not be unreasonably withheld shall be required or delayedif Tenant desires to make structural Alterations to the Leased Premises. Upon Tenant shall not construct upon the Land any additional buildings without having first obtained the prior written consent of Landlord and any Lender that is an Institutional Lender which shall not be unreasonably withheld. Landlord shall have the right to require Tenant to remove any Alterations except for those Alterations required by Law, non-structural Alterations made in the ordinary course of property maintenance, Alterations that do not in the aggregate over the Term exceed the Non-Structural Approval Amount or Alterations for which Landlord has consented in writing that removal will not be required. Landlord agrees that it will respond promptly to any request from Tenant to permit Alterations to remain 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 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, etcTerm., 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

Samples: Lease Agreement (Rockwood Specialties 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 place partitions and fixtures and may make improvements and other alterations to the expiration interior of the Initial Term Leased Premises at Tenant's expense, provided, however, that prior to commencing any structural work or any other work costing in excess of this LeaseTwenty Thousand and No/100 Dollars ($20,000.00), Tenant shall have first obtain the option written consent of Landlord to remove the proposed work, including 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, decorationsincluding, additions without limitation, paint, carpeting, wall or improvements made by it, provided any damage to Premises resulting from window coverings and the use of carpet glues and other chemicals for installation of such removal is repairedmaterials. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages At least ten (10) days prior to the Premises resulting from such removal. During commencement of any construction in the termLeased Premises, Tenant shall not make any alterationsdeliver to Landlord copies of the plans and specifications for the contemplated work and shall identify the contractor(s) selected by Tenant to perform such work. Landlord may, additionsas a condition to consenting to such work, improvements, non-cosmetic changes require that Tenant provide security adequate in Landlord's judgment so that the improvements or other material changes alterations to the Leased Premises without will be completed in a good, workmanlike and lien free manner. All such improvements or alterations must conform to and be in substantial accordance in quality and appearance with the prior written approval quality and appearance of the improvements in the remainder of the Building. All such improvements shall be the property of Landlord, which approval shall not be unreasonably withheld or delayedunless otherwise agreed to in writing by Landlord. Notwithstanding Prior to the foregoingcommencement 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 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 review or right of approval, be permitted deemed to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterationsany representation, as used herein, shall be defined as warranty or acknowledgment to Tenant or to 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.other person or

Appears in 1 contract

Samples: Office Lease (Managed Care Solutions Inc)

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

Samples: 1999 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

Samples: Lease Agreement (Asset Acceptance Capital Corp)

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 xxxx, 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

Samples: Lease Agreement

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

Samples: Lease (Alaron Com Holding Corp)

ALTERATIONS AND IMPROVEMENTS. Tenant shall have Without the right at any time throughout the term written consent 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 (a) make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without exterior of the prior written approval of LandlordBuilding, which approval shall not be unreasonably withheld or delayed(b) make any addition or alterations to the Leased Premises. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations certain cosmetic changes in order to make the Leased Premises suitable for Tenant’s occupancy and use before and during the Lease Term (hereinafter referred to as defined below) without “Tenant’s Work”). The scope of the initial Tenant’s Work is attached as Exhibit C and must be approved by Landlord. Tenant shall cause Tenant’s prior written consent. Minor AlterationsWork to be done in a good and workmanlike manner by competent, licensed contractors, in strict accordance with the plans and specifications approved by Landlord, and in compliance with all applicable laws, orders, rules, regulations, codes and requirements of any governmental authority affecting Tenant’s Work or the Leased Premises, including, but not limited to, the Americans With Disabilities Act, as used hereinit may be amended, and in compliance with any applicable insurance requirements (hereinafter collectively referred to as “applicable law or regulation”). Tenant shall obtain and furnish Landlord at Tenant’s expense any and all certificates and approvals with respect to Tenant’s Work and occupancy of the Leased Premises that may be required by any applicable law or regulation. Landlord shall have no liability whatsoever for loss, injury or damage to (a) Tenant’s Work; (b) fixtures, equipment or other property of Tenant or Tenant’s contractors; or (c) any other person or the property of any other person. Tenant shall indemnify and hold Landlord harmless from any claim, cost (including reasonable attorneys’ fees) or loss relating to Tenant’s Work and from any claim of nonpayment for any aspect of Tenant’s Work. All debris which accumulates in connection with Xxxxxx’s Work shall be defined as removed daily by Tenant at its sole expense. No person shall be entitled to any alterations, improvements, etc. lien directly or indirectly derived through or under Tenant or through or under any act or omission of Tenant upon the Leased Premises for any improvements or fixtures made thereon or installed therein or for or on account of any labor or material furnished to the Leased Premises or for or on account of any matter or thing whatsoever. Nothing in this Lease contained shall be construed to constitute consent by Landlord to the creation of any lien. In the event Tenant causes, suffers or permits the creation of any lien against the Leased Premises, or any part thereof, or a lien is filed because of alleged non-payment by Tenant, Tenant shall cause such lien to be released within ten (excluding the facade thereof10) which do not affect the structure days after Tenant’s actual notice of the buildingsfiling thereof, their systems or equipmentshall furnish Landlord a bond, in form, with surety, and in an amount satisfactory to Landlord, conditioned to indemnify Landlord against the foreclosure of such lien, and all matters and proceedings related thereto. If required by Landlord, during the performance of Tenant’s Work, Tenant shall maintain Builder’s Risk insurance on a non-reporting basis with “all risk” extended coverage endorsements on a completed value basis for full insurable value covering the Leased Premises from casualty resulting from Tenant’s Work, the interest of Tenant (and its contractors and subcontractors) in all work incorporated in the Leased Premises, and all materials and equipment on or about the Premises or incident to the construction thereof (but not including machinery, tools or equipment used by contractors or subcontractors). Tenant shall also provide Landlord approves any alterationswith all other policies and endorsements of insurance required by Landlord, additionsincluding, improvementsbut not limited to, etc., Independent Contractor’s coverage in Tenant’s General Liability policy and General Liability policies of insurance from Tenant’s contractors and subcontractors. Landlord shall notify be named an additional insured under all such policies of insurance which shall be written on terms and by companies satisfactory to Landlord. Tenant shall provide Landlord with copies of the policies and certificates evidencing that such insurance is in full force and effect and stating the terms thereof, prior to commencement of 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 Work. This paragraph shall not apply 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.initial Tenant’s Work set forth on Exhibit C.

Appears in 1 contract

Samples: Office Lease

ALTERATIONS AND IMPROVEMENTS. Tenant After Completion of the Lessor’s Work, Lessee or any of its assignees or subtenants shall have the right at any time throughout the term of right, in accordance with this Lease and any extensions hereofSection 22, to make any alterations or cause improvements to the Premises for the purpose of its business or the business of its assignees or subtenants (“Lessee Change”); provided, that (i) for any Lessee Change having a cost in excess of Fifty Thousand Dollars ($50,000), Lessee shall give Lessor written notice of any Lessee Change prior to commencement of any work and provide a set of plans and specifications for the proposed Lessee Change; (ii) no Lessee change may affect any structural element of the Buildings or system in the Buildings, nor be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or visible from the exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s of the Buildings without the prior written approvalconsent of Lessor, which approval shall not to be unreasonably withheld or delayed. Upon denied; (iii) all Lessee Changes shall be made in accordance with the expiration requirements of all governmental authorities having jurisdiction thereover and the Permitted Exceptions; and (iv) no Lessee Change may cause the value of the Initial Term of this Leaseproperty to be materially diminished thereby. Lessor agrees to sign promptly, Tenant shall have the option at no expense or liability to remove such alterationsLessor, decorationsapplications, additions permits or improvements made consents which may be required 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 public authorities in connection with alterations, improvements, etc. made or stockroom additions to the Premises which are in compliance with this Section 22 and are requested by Lessee, its assignees or subtenants. Subject to the following sentence, Lessor may require Lessee to have all or any portion of such items designated by Lessor to be removed from the Premises upon the expiration or earlier termination of this Lease (excluding except in the facade thereof) which do not affect event of an early termination that is the structure result of Lessee’s purchase of the buildingsPremises), their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenantto remain in the Premises, in writing, along with Landlord’s approval notice, which event they shall be and become the property of whether Tenant shall, Lessor upon the expiration or earlier termination of this Lease. Lessee may request Lessor to identify whether or not a particular Lessee Change will be required to be removed at the time that Lessee seeks Lessor’s consent for such Lessee Change, either: (i) remove any or if no consent is required for a particular Lessee Change, Lessee may seek such alterations or additions and determination prior to its construction. Lessee shall repair any all damage to the Premises (or caused by 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 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 the PremisesLessee Changes.

Appears in 1 contract

Samples: Lease Agreement (Centerpoint Properties Trust)

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 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: consent shall not be required for interior non-structural Alterations which (i) remove any such alterations or additions and repair any damage to are not visible from the Premises (or outside 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 madeBuilding, or (ii) reimburse Landlord 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 cost Building or the Premises or adversely affect in any material respect any structural parts of removing such alterations the Building, HVAC or additions and other Building systems or the restoration 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:

Appears in 1 contract

Samples: Agreement of Lease (Party City Corp)

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, 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 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, non-cosmetic changes or other material changes to the Premises without the prior written approval consent of Landlord, which approval not to be unreasonably withheld or delayed, and without first submitting to Landlord plans and specifications for such work. All work done by Tenant shall be performed in a good and workmanlike manner, in compliance with all applicable laws and at such times and in such manner as not to cause interference with any work of Landlord or with other tenants in the Building. Any alterations, additions, or improvements (whether temporary or permanent in character) made in or upon the Premises, either by Landlord or Tenant (including but not be limited to, wall covering, carpeting or other floor covering, paneling, built-in trac moveable file systems, nurses call systems, built-in book shelves and built-in cabinet work), shall be deemed a part of the property of Landlord and shall be surrendered with the Premises at termination of this Lease and shall remain on the Premises without compensation to Tenant. All other furniture, movable trade fixtures (including but not be limited to, x-ray equipment, audio booths and laboratory equipment) and equipment installed by Tenant may (and shall at Landlord's option) be removed by Tenant at the termination of this Lease. Landlord reserves the right to prescribe that all improvements by Tenant shall be the same as or shall conform with Building standard items, materials and types of construction. All alterations, physical additions or improvements must be constructed by a contractor and workmen approved by Landlord, not to be unreasonably withheld or delayed. Notwithstanding All furniture, movable trade and equipment installed by Tenant not removed from the foregoing, Tenant Premises within fifteen (15) days of the termination of the Lease shall be permitted conclusively presumed to make Minor Alterations have been abandoned by Tenant and Landlord may, at its option, take over the possession of such property and either (as defined belowa) without Landlord’s prior declare same to be property of Landlord by written consent. Minor Alterationsnotice thereof to Tenant or (b) at the sole risk, as used hereincost, shall be defined as and expense of Tenant, remove the same or 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 part thereof in any alterations, additions, improvements, etc., manner that Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, choose and dispose 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 store the same condition as existed prior without incurring liability to the time when Tenant or to 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.other person. * *

Appears in 1 contract

Samples: Lease Agreement (United Surgical Partners International Inc)

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, 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

Samples: Alaron Com Holding Corp

ALTERATIONS AND IMPROVEMENTS. Prior to commencing construction of (a) any Improvements that (when considered individually or together with any related Improvements) have a total estimated cost in excess of $250,000.00, or (b) any alterations to any of the Improvements that (when considered individually or together with any related alterations) have a total estimated cost in excess of $250,000.00, or (c) any structural alterations to any of the Improvements, or (d) any non-structural alterations to the Improvements that could reasonably be expected to diminish the value of the Improvements by more than $100,000.00 (either individually or in the aggregate) (any of the foregoing, “Major Work”), Tenant shall have the right at any time throughout the term obtain Landlord’s prior written approval of such proposed Improvements or alterations, which approval shall not be unreasonably withheld, conditioned or delayed so long as Tenant shall not be in breach under this Lease beyond any applicable notice and cure period. Prior to commencing any extensions hereofconstruction (regardless of whether or not Landlord’s approval may be required hereunder), Tenant shall submit to make Landlord, on electronic media (together with a hard copy), such plans and specifications as are customary and reasonable for the alteration or cause improvement contemplated, in Tenant’s commercially reasonable judgment, which may include a site plan showing in detail any planned changes to be madethe existing dimensions, any alterationsingress, additionsegress, or improvementsgrading, or install or cause to be installed any trade fixturedrainage, signssite and building signage, floor covering, interior or exterior painting or site and building lighting, plumbing fixturesparking, shades or awningshardscape and landscaping (the “Preliminary Submittal”). In addition, as prior to commencing construction of any Major Work, Tenant may deem necessary or suitable with shall submit to comprehensive plans and specifications therefor for Landlord’s prior written approval, which approval shall not be unreasonably withheld withheld, conditioned or delayeddelayed so long as Tenant shall not be in breach under this Lease beyond any applicable notice and cure period. Upon the expiration No work that requires Landlord’s approval may be commenced unless and until Landlord shall have given such approval as required hereunder. It shall be reasonable for Landlord to withhold its approval of the Initial Term comprehensive plans and specifications if they do not substantially conform to the Preliminary Submittal approved by Landlord. Tenant acknowledges that Landlord does not assume any responsibility whatsoever for the design of this Leaseany structure or for any violation of applicable laws, Tenant shall have the option to remove such alterations, decorations, additions ordinances or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration regulations and that Landlord’s review and approval of the Initial Term of this Lease, Tenant if requested by Landlord shall remove Preliminary Submittal and any signs plans and repair specifications is for Landlord’s own benefit and does not constitute any damages representation or warranty whatsoever to the Premises resulting from such removalTenant. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic material changes or other material changes modifications to the Premises without plans and specifications for any alterations or new Improvements after having received the prior written approval of Landlord, without first obtaining the approval of Landlord to such changes or modifications, which approval shall not be unreasonably withheld withheld, conditioned or delayeddelayed so long as Tenant shall not be in breach under this Lease beyond any applicable notice and cure period. All work shall be constructed and completed in a good, workmanlike and lien free manner, in conformance with the plans and specifications approved by Landlord as required hereunder and in compliance with the codes and ordinances of governmental authorities having jurisdiction. Within one hundred twenty (120) days after completion of any Improvements on the Land and within one hundred twenty (120) days after completion of any alterations to the Improvements, Tenant shall deliver to Landlord, at no cost or expense to Landlord, one (1) set of “as built” plans for the Improvements on electronic media, together with a signed and sealed letter of certification from Tenant’s architect and/or engineer certifying that the electronic media furnished represents the true, correct and complete “as built” plans for the Improvements; provided, however, in no event shall Tenant be required to submit “as built” plans and specifications for any Improvements or alterations that do not constitute Major Work if it would not be customary and reasonable to produce “as built” plans and specifications for such Improvement or alteration. All Improvements, alterations, additions and fixtures (excluding Tenant’s trade fixtures, furniture, equipment and/or personal property) made or installed by Tenant (collectively, the “Tenant Alterations”) shall remain upon the Premises at the expiration or earlier termination of this Lease and shall become the property of Landlord without the need to execute any further documents or instruments, unless, either prior to the expiration or termination of this Lease or within thirty (30) days after the termination or expiration of this Lease, Landlord shall give written notice to Tenant directing Tenant to remove the same or such of the same as shall be specified by Landlord, whereupon Tenant shall, on or before the expiration or earlier termination of the Lease Term (or the date that is thirty (30) days after the date of Landlord’s notice if such notice is given after the expiration or earlier termination of the Lease Term) remove any Tenant Alterations so specified and repair all damage occasioned in connection with such removal and return the area affected thereby to its condition prior to the performance or installation of the same, all at Tenant’s sole cost and expense. Notwithstanding the foregoing, except for cabling, which Tenant shall remove if Landlord does not require the same to be permitted capped and surrendered, Tenant shall not be required to make Minor remove any Tenant Alterations if (i) Tenant’s request for Landlord’s consent to such Tenant Alterations (as defined below) without Landlordor Tenant’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) notice of Tenant Alterations which do not affect require Landlord’s consent hereunder) contains a statement in capital letters of not less than 14 point, bold-face type advising Landlord that Landlord shall be deemed to have waived its right to require removal of such Tenant Alterations at the structure end of the buildingsLease Term unless Landlord, their systems at the time Landlord gives its consent to such Tenant Alterations (or equipment. If Landlord approves within thirty (30) days after receiving notice of any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Tenant Alterations not requiring Landlord’s approval noticeconsent), notifies Tenant that removal of whether such Tenant shall, upon termination Alterations at the end of this Lease, either: (i) remove any such alterations or additions the Lease Term is required 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 does not notify Tenant that such alterations or additions and the restoration of the Premisesremoval shall be required.

Appears in 1 contract

Samples: Lease (RE/MAX Holdings, Inc.)

ALTERATIONS AND IMPROVEMENTS. Tenant shall have Lessee may erect a sign near or on the right at any time throughout exterior of the term Premises, with the prior approval of this Lease the Lessor and any extensions hereof, to make or cause with the cost to be madeborne by the Lessee. Upon vacating the premises for any reason, any Lessee agrees to take down and remove such sign and repair portions of the door or wall to which said sign was attached to the original condition. No structural alterations, additions, or improvements, or install or cause improvements to the said 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 Landlord’s prior made without written approval, consent of the Lessor which approval consent shall not be unreasonably withheld or delayed. Upon withheld, and any such improvements, additions and/or alterations made by Lessee after such consent has been given, including fixtures, shall at the expiration option of the Initial Term Lessor become property of this Leasethe Lessor and remain, Tenant or at Lessor’s election, shall have be removed at Lessee’s costs. In the option to remove such event of the removal of any alterations, decorations, additions or improvements made by itimprovements, provided Lessee at its expense shall and will restore the premises to its original condition 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 all damages to the Premises premises resulting from the removal and/or installation of such removalthings. During In the term, Tenant shall not make any event that the consent of the Lessor is first had and alterations, additionsimprovements and/or additions are installed by the Lessee, 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 they shall be permitted done in a good and workmanlike manner in keeping with any and all applicable building codes and regulations and as will in no way harm the building structure or the premises. Any mechanic’s lien filed against the premises or any part thereof for work claimed to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, have been done or materials claimed to have been furnished or for any other reason to Lessee shall be defined as discharged within twenty (20) days after filing by bonding or any other manner provided by law. All such changes, alterations, improvements, etc. improvements and/or additions shall be made to solely at the Premises (excluding the facade thereof) which do not affect the structure expense 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

Samples: Lease Agreement

ALTERATIONS AND IMPROVEMENTS. Except for alterations to the Premises which do not materially and adversely affect the Building structure or systems and are not visible from outside the Premises and that do not cost in excess of $50,000.00 per project (provided, however, that Tenant may not break up a project into sub-parts that each cost $50,000.00 or less as a subterfuge to avoid the provisions of this paragraph) and except for alterations to the Premises or Tenant’s Exclusive Parking Areas that do not cost in excess of $50,000.00 per project (provided, however, that Tenant may not break up a project into sub-parts that each cost $50,000.00 or less as a subterfuge to avoid the provisions of this Paragraph), Tenant shall have not make or allow to be made any alterations, physical additions or improvements after the initial Tenant Improvements in the Work Letter, in or to the Premises or Tenant’s Exclusive Parking Areas without first obtaining in writing Landlord’s written consent for such alterations or additions, which consent may be granted or withheld in Landlord’s sole discretion if the alterations will affect the Building structure or systems or, in the case of alterations to the Premises, will be visible from outside the Premises, but which consent shall otherwise not be unreasonably withheld, conditioned or delayed. 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 actually incurred to review such plans (not to exceed $1,000). Any alterations, physical additions or improvements (excluding trade fixtures, including warehouse racking) shall at once become the property of Landlord (subject to Tenant’s right to depreciate the cost of such alterations for tax purposes); 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 (provided that Landlord notified Tenant at the time of Landlord’s consent to any such alterations, additions or improvements for which Landlord’s consent is required that Landlord reserved the right to require the removal thereof). With respect to any alterations, physical additions or improvements that Tenant is entitled to construct under this Lease without Landlord’s consent but which Tenant desires to leave on the Premises at the expiration or earlier termination of this Lease, Tenant shall request such permission from Landlord in writing prior to the date Tenant begins construction of such alteration, physical addition or improvement, and Landlord shall advise Tenant in writing within five (5) business days of Landlord’s receipt of such request and plans and specifications for such work (or if no plans and specifications are to be prepared for such work, then a detailed written description of such work) whether Landlord will require the removal of the alteration, physical addition or improvement at the expiration or sooner termination of this Lease. In no event shall Landlord require Tenant to remove alterations, additions or improvements that are consistent with typical warehouse uses, including typical office improvements. All costs of any time 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 unreasonably disturb other tenants, if any, and Tenant must maintain adequate liability and builder’s risk insurance throughout the term construction. Subject to the provisions of Section 26(e) below, 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, except to the extent caused by the negligence or willful misconduct of Landlord, its agents or employees. 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

Samples: Industrial Lease Agreement (TNAV Holdings, 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 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

Samples: Lease Agreement (Wells Real Estate Fund Viii Lp)

ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease covenants and any extensions hereof, to agrees that it will make or cause to be made, any no alterations, additions, improvements or improvements, or install or cause changes of any kind 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 Property without first submitting the plans thereof to Landlord and securing the prior written approvalconsent of the Landlord, which approval consent shall not be unreasonably withheld withheld, conditioned or delayed. Upon ; provided, however, that Tenant may, at its own option and without having to secure the expiration consent, written or otherwise of the Initial Term Landlord, make any alterations or changes of any kind to the Property which may be required by any governmental order or regulation COPIES OF WHICH SHALL BE PROVIDED TO LANDLORD ALONG WITH ALL NECESSARY PLANS AND PERMITS, and, so long as such alterations or changes are not of a character required to be performed by Landlord under this Lease, such alterations or changes shall be made at no expense to Landlord; provided, however, that nothing herein shall obligate Tenant to make any capital improvements to the Property. All improvements, alterations, replacements and building service equipment made or installed by or on behalf of Tenant and permanently affixed to the Property shall immediately upon completion or installation 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 Property, even if permanently affixed thereto, shall have remain the option property of Tenant, and Tenant shall, if not in default beyond any applicable grace or notice and cure period, 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 repair any and all damage to Premises the Property resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested or caused by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During The interest of Tenant in any property, which is not so removed, shall at the termend of the time provided for removal thereof vest in Landlord. Landlord's approval of any plans, Tenant specifications or working drawings shall not make create no responsibility or liability on the part of the Landlord for their completeness, design sufficiency or compliance with any alterationslaws, additions, improvements, non-cosmetic changes rules and regulations of governmental agencies or other material changes authorities. The alterations shall conform to the Premises without the prior written approval requirements of Landlord's and Tenant's insurers and of the Federal, which approval shall not be unreasonably withheld or delayed. Notwithstanding state and local governments having jurisdiction over the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used hereinProperty, shall be defined as any alterations, improvements, etc. made to performed in accordance with the Premises (excluding the facade thereof) which do terms and provisions of this Lease in a good and workmanlike manner and shall not adversely affect the structure value, utility or character of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcProperty., 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

Samples: Lease Agreement (Argan Inc)

ALTERATIONS AND IMPROVEMENTS. Tenant shall have not make or allow to be ---------------------------- made any alterations or physical additions in or to the right Premises without first obtaining the written consent of the Landlord. Any alterations, physical additions or improvements to the Premises made by the Tenant shall at once become the property of the Landlord and shall be surrendered to the Landlord upon termination or expiration of this Lease. The Landlord, at its option, may require the Tenant to remove any physical additions and/or repair any alterations in order to restore the Premises to the condition existing at the time throughout the Tenant took possession, all costs of removal and/or alterations to be borne by the Tenant. This Article 9 shall not apply to moveable equipment or furniture (including moveable partitions) owned by the Tenant which may be removed by the Tenant at the end of the term of this Lease if the Tenant is not then in default and if such equipment and furniture is not then subject to any extensions hereofother rights, liens and interests of the Landlord. The Tenant will peaceably yield up to make or cause the Landlord the Premises in good order and condition, excepting ordinary wear and tear, repairs required to be made, any alterations, additionsmade by the Landlord, or improvementsdamage, destruction or install loss by fire or other casualty or by any other cause unless such damage, destruction or loss is caused by the act, omission or negligence of the Tenant or any employees, invitees, licensees or agents of the Tenant and is not covered by insurance carried or required by this Lease to be installed any trade fixturecarried by the Landlord, signsand in such event the repair of such damage, floor covering, interior destruction 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 delayedloss is the responsibility of Tenant. Upon the expiration of the Initial Term of this Lease, The 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 all damage to the Premises (or and the buildings in which fixtures, appurtenances and equipment of the Premises are located) occasioned by their installation or removal Landlord therein, and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were madeBuilding, or (ii) reimburse Landlord for caused by the cost Tenant's removal of removing such alterations or additions its furniture, equipment and the restoration of the Premisesmachinery.

Appears in 1 contract

Samples: Wake Lease Agreement (Liposcience 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

Samples: Lease (Liquidmetal Technologies)

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

Samples: Business Lease (First American Railways Inc)

ALTERATIONS AND IMPROVEMENTS. Tenant shall bear the expense of all permits, alterations and improvements which are necessary in order to make the Premises suitable for Tenant’s occupancy and use during the Term (hereinafter referred to as “Tenant’s Work”). Tenant shall commence and thereafter complete with due diligence, all of Tenant’s Work. Tenant shall cause Tenant’s Work to be done in a good and workmanlike manner by competent, licensed contractors, in strict accordance with the plans and specifications approved by Landlord, and in compliance with all applicable laws, orders, rules, regulations, codes and requirements of any governmental authority affecting Tenant’s Work or the Premises, including, but not limited to the Americans With Disabilities Act, as it may be amended, and in compliance with any applicable insurance requirements (hereinafter collectively referred to as “applicable law or regulation”). Tenant shall obtain and furnish Landlord at Tenant’s expense all certificates and approvals with respect to Tenant’s Work and occupancy of the Premises that may be required by any applicable law or regulation. Landlord shall have no liability whatsoever for loss, injury or damage to (a) Tenant’s Work; (b) fixtures, equipment or other property of Tenant or Tenant’s contractors; or (c) any other person or the right property of any other person. Tenant shall indemnify and hold Landlord harmless from any claim, cost (including reasonable attorneys’ fees) or loss relating to Tenant’s Work and from any claim of nonpayment for any aspect of Tenant’s Work. All debris which accumulates in connection with Tenant’s Work shall be removed by Tenant at its sole expense. Tenant’s Work shall be constructed under a no-lien contract if permitted under the law of the State. No person shall be entitled to any time throughout lien directly or indirectly derived through or under Tenant or through or under any act or omission of Tenant upon the term Premises for any improvements or fixtures made thereon or installed therein or for or on account of any labor or material furnished to the Premises or for or on account of any matter or thing whatsoever. Nothing in this Lease and contained shall be construed to constitute a consent by Landlord to the creation of any extensions hereoflien. In the event Tenant causes, to make suffers or cause to be made, permits the creation of any alterations, additionslien against the Premises, or improvementsany part thereof, 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 a lien is filed because of the Initial Term of this Leasealleged non-payment by Tenant, Tenant shall have the option cause such lien 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 be released within 10 days after Tenant’s actual notice of the Initial Term filing thereof, or shall furnish Landlord a bond, in form, with surety, and in an amount satisfactory to Landlord, conditioned to indemnify Landlord against the foreclosure of this Leasesuch lien, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removalall matters and proceedings related thereto. During the termperformance of Tenant’s Work, Tenant shall not make any alterations, additions, improvements, maintain Builder’s Risk insurance on a non-cosmetic changes reporting basis with “all risk” extended coverage endorsements on a completed value basis for full insurable value covering the Premises from casualty resulting from Tenant’s Work, the interest of Tenant (and its contractors and subcontractors) in all work incorporated in the Premises, and all materials and equipment on or other material changes about the Premises or incident to the Premises without the prior written approval construction thereof (but not including machinery, tools or equipment used by contractors or subcontractors). Tenant shall also provide Landlord with all other policies and endorsements of insurance required by Landlord, including but not limited to Independent Contractor’s coverage in Tenant’s General Liability policy and General Liability policies of insurance from Tenant’s contractors and subcontractors. Landlord shall be named an additional insured under all such policies of insurance which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoingwritten on terms and by companies satisfactory to Landlord, and Landlord and Tenant shall be permitted given not less than 30 days’ written notice by the insurance company prior to make Minor Alterations (as defined below) without Landlord’s prior written consentcancellation, termination or change in such insurance. Minor Alterations, as used herein, Tenant shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure provide Landlord with copies of the buildingspolicies and certificates evidencing that such insurance is in full force and effect and stating the terms thereof, 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 commencement of removing such alterations or additions and the restoration of the PremisesTenant’s Work.

Appears in 1 contract

Samples: Lease (First State Financial Corp/Fl)

ALTERATIONS AND IMPROVEMENTS. 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 madeinstall any alteration, any alterationsinstallation, additionsaddition, or improvementshardware, or install or cause to be installed any trade fixture, signswindow treatment, floor covering, interior fixture or exterior painting other improvements to the Premises, or lightingadd to, disturb or in any way change any plumbing fixturesor wiring, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s without in each and every of such cases (Individually and collectively "Improvements") the prior written approvalconsent of Landlord. Landlord's written consent shall include any requirement to remove said alteration upon expiration or termination of the lease. Landlord's approval of plans or specifications for improvements shall not constitute an assumption of the responsibility for the accuracy or sufficiency of such plans and specifications, or their compliance with applicable codes, regulations or statutes, which approval responsibility shall not be unreasonably withheld solely Tenant's. All such improvements shall be made at Tenant's sole cost and expense and any contractor or delayedperson selected by Tenant to make improvements must first be approved in writing by Landlord. Upon Landlord may require that the expiration of the Initial Term of this Lease, contractor provide payment and performance bonds. All improvements and all repairs required to be made by Tenant shall have be made in a good and workmanlike manner and in compliance with all governmental requirements, codes and rating bureau recommendations, and shall be performed by competent workmen approved in advance by Landlord. Tenant shall hold Landlord harmless and indemnified from all injury, loss, claims or damage to any person or property occasioned by, or in connection with the option construction or installation of improvements. Tenant shall obtain all necessary permits from governmental authorities. Tenant shall repair any damage and perform any necessary clean-up to remove such alterations, decorations, additions the Building or its contents resulting from any improvements made by itTenant. All Improvements, provided temporary or permanent, including wall paneling, built in cabinets, sinks, doors, floor coverings, or other built in units of any kind, however attached (except trade fixtures, medical equipment or devices, furniture and equipment belonging to Tenant which are removable without causing damage to Premises resulting from such removal is repaired. Alsothe Building) or installed by Tenant in, upon on or about the expiration of the Initial Term of this LeasePremises, 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 expiration or sooner termination of this Lease, either: (i) become Landlord's property, and remain upon the Premises, all without compensation, allowance or credit to Tenant provided, Tenant shall at the expiration or termination of this Lease remove any such alterations improvements placed in the Premises by or additions on behalf of Tenant and so designated in the notice. Tenant shall, at Tenant's sole expense, repair any damage to the Premises (or the buildings in which Building resulting from such removal, and Landlord may require a payment and performance bond for the Premises are located) occasioned work of such removal. If Tenant fails to remove such designated improvements, they will be deemed to be abandoned by their installation or removal Tenant and restore the Premises to substantially Landlord may remove the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the at Tenant's sole cost of removing such alterations or additions and the restoration of the Premisesexpense.

Appears in 1 contract

Samples: Redmond Corporate (Cacheflow Inc)

ALTERATIONS AND IMPROVEMENTS. Tenant shall not, except as provided herein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, make or cause to be made any Tenant Alterations in or to the Premises. All Tenant Alterations shall be completed by contractors approved by Landlord in Landlord’s reasonable discretion; provided, however, Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building’s systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building). Landlord has approved of Tenant’s preferred general contractor, Nova Construction. Landlord may further condition its consent upon receipt of: architectural plans and specifications, opinions from Landlord’s engineers stating that the Tenant Alterations will not in any way adversely affect the Building’s systems, 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 evidence of Tenant’s ability to pay for the Tenant Alterations and may require a payment and performance bond or other security acceptable to Landlord prior to consenting to such alterations. Tenant shall have the right at any from time throughout the term of this Lease and any extensions hereof, to time to make or cause to be made, non-structural Tenant Alterations without Landlord's consent so long as the cost thereof does not exceed $10,000 in 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 delayedone instance. 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.request, Landlord shall notify Tenant, advise Tenant in writing, along with Landlord’s approval notice, of writing whether it reserves the right to require Tenant shall, to remove any Tenant Alterations from the Premises upon termination of this the Lease, either: . Tenant shall deliver to Landlord an as-built mylar and digitized (iif available) remove any such alterations or additions set of plans 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 specifications for the cost of removing such alterations or additions and the restoration of the Premises.Tenant Alterations. Tenant agrees to complete all Tenant

Appears in 1 contract

Samples: Commencement Date Agreement (Zendesk, Inc.)

ALTERATIONS AND IMPROVEMENTS. (a) The following provisions shall apply to the completion of any Tenant Alterations: Tenant shall have 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 shall not be unreasonably withheld, conditioned or delayed, make or cause to be made, made any alterations, additions, Tenant Alterations in 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 removalor any Property systems serving the Premises. During the termSubject to all other requirements of this Article, Tenant shall not make any alterations, additions, improvements, may undertake decoration work or minor non-cosmetic changes or other material changes to the Premises structural work not requiring building permits such as installation of cabinets in a conference room without the Landlord's prior written approval consent. Tenant shall furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Tenant Alterations shall be completed at such time and in such manner as Landlord may from time to time designate, and only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld withheld, provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform all work relating to the Building's systems (including the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, communication and the fire and life safety systems in the Building). Landlord may further condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the commencement of any work or delayeddelivery of materials to the Premises related to the Tenant Alterations such of the following as specified by Landlord: architectural plans and specifications, opinions from Landlord's engineers stating that the Tenant Alterations will not in any way adversely affect the Building's systems, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Notwithstanding Landlord may, in the foregoingexercise of reasonable judgment, request that Tenant provide Landlord with appropriate evidence of Tenant's ability to complete and pay for the completion of the Tenant Alterations such as a dedicated construction loan, performance bond or letter of credit. Upon completion of the Tenant Alterations, Tenant shall be permitted deliver to make Minor Alterations Landlord an as-built mylar and digitized (as defined belowif available) without Landlord’s prior written consentset of plans and specifications for the Tenant Alterations. Minor Alterations, as used herein, 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 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 pay the cost of removing such alterations or additions all Tenant Alterations and the restoration cost of decorating the Premises and any work to the Property occasioned thereby. Upon completion of Tenant Alterations, Tenant shall 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 its mortgagee. All Tenant Alterations whether installed by Landlord or Tenant, shall without compensation or credit to Tenant, become part of the Premises and the property of Landlord at the time of their installation and shall remain in the Premises, unless pursuant to Article Twelve, Tenant may remove them or is required to remove them at Landlord's request.

Appears in 1 contract

Samples: Biotime Inc

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