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

Sources: Lease Agreement (Lender Processing Services, Inc.), Lease Agreement (Lender Processing Services, Inc.), Lease Agreement (Lender Processing Services, Inc.)

ALTERATIONS AND IMPROVEMENTS. Tenant (a) The Lessee shall have the privilege from time to time of making Additional Improvements to the Facility Realty as it may determine in its discretion to be desirable for its uses and purposes, provided that: (i) as a result of the Additional Improvements, the fair market value of the Facility is not reduced below its fair market value immediately before the Additional Improvements are made and the usefulness, structural integrity or operating efficiency of the Facility is not materially impaired, (ii) the Additional Improvements are effected with due diligence, in a good and workmanlike manner and in compliance with all applicable Legal Requirements, (iii) the Additional Improvements are promptly and fully paid for by the Lessee in accordance with the terms of the applicable contract(s) therefor, and (iv) the Additional Improvements do not change the nature of the Facility so that it would not constitute the Approved Facility and a qualified “project” within the meaning of the Act. (b) All Additional Improvements shall constitute a part of the Facility, subject to the Company Lease, this Agreement and the Sublease Agreement. (c) If at any time after the Operations Commencement Date, the Lessee shall make any Additional Improvements, the Lessee shall (i) notify an Authorized Representative of the Agency of such Additional Improvements by delivering written notice thereof within thirty (30) days after the completion of the Additional Improvements, and (ii) take the actions required by Section 5.1(f)(i)(3). (d) In addition to the Facility Personalty, the Lessee shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause permit to be installed any trade fixtureat the Facility Realty, signsmachinery, floor coveringequipment and other personal property at the Lessee’s own cost and expense (the “Lessee’s Property”). Once so installed, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlordthe Lessee’s prior written approval, which approval Property shall not constitute Facility Personalty and shall not be unreasonably withheld subject to the Company Lease, this Agreement or delayed. Upon the expiration Sublease Agreement, nor constitute part of the Initial Term of this LeaseFacility, Tenant provided that the same is not made fixtures appurtenant to the Facility Realty. The Lessee shall have the option right to remove such alterationscreate or permit to be created any mortgage, decorationsencumbrance, additions lien or improvements made by itcharge on, provided any damage to Premises resulting from such removal is repaired. Alsoor conditional sale or other title retention agreement with respect to, upon the expiration Lessee’s Property, without the consent of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages or notice to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcAgency., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.

Appears in 4 contracts

Sources: Agency Lease Agreement, Agency Lease Agreement, Agency Lease Agreement

ALTERATIONS AND IMPROVEMENTS. Tenant During the Lease Term (and any Extension Term), Lessee shall have the right at any time throughout the term of this Lease and any extensions hereof, to make any alterations or cause improvements to the Property without Lessor’s consent except for Structural Alterations. Any Structural Alterations to the Property shall require the consent of Lessor, not to be madeunreasonably withheld, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld conditioned or delayed. Upon the expiration of the Initial Term of this Lease; provided, Tenant shall have the option to remove such alterationshowever, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not Lessee may make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises Structural Alteration without the prior written approval consent of LandlordLessor if such Structural Alteration (a) is of equal or better quality than any existing Improvement, which approval shall (b) does not be unreasonably withheld consist of adding any new structures or delayedreducing or enlarging any existing structures on the Property, and (c) does not have a Material Adverse Effect. Notwithstanding the foregoing, Tenant shall be permitted Lessee may undertake any alterations to make Minor the Property that are not Structural Alterations (as defined below) without LandlordLessor’s prior written consent. Minor AlterationsIf Lessor’s consent is required hereunder and Lessor consents to the making of any such alterations, as used hereinthe same shall be made by Lessee at Lessee’s sole expense by a licensed contractor and according to plans and specifications approved by Lessor. Any work at any time commenced by Lessee on the Property shall be prosecuted diligently to completion, shall be defined of good workmanship and materials and shall comply fully with all the terms of this Lease and all Legal Requirements. With respect to any alteration individually costing $250,000.00 or more, (x) at the commencement of any such alteration, Lessee shall execute and file or record, as appropriate, a “Notice of Non-Responsibility,” or any alterationsequivalent notice permitted under Legal Requirements and (y) upon completion of any such alteration, improvements, etc. made Lessee shall upon Lessor’s written request promptly provide Lessor with evidence of full payment to all laborers and materialmen contributing to the Premises (excluding alterations. Lessee shall keep the facade thereof) which do not affect Property free from any liens arising out of any work performed on, or materials furnished to, the structure Property. Any addition to or alteration of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord Property shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration be deemed a part of the PremisesProperty and belong to Lessor, and Lessee shall execute and deliver to Lessor such instruments as Lessor may require to evidence the ownership by Lessor of such addition or alteration, excepting Lessee’s personal property, which shall remain the property of Lessee.

Appears in 3 contracts

Sources: Lease Agreement (Four Corners Property Trust, Inc.), Revolving Credit and Term Loan Agreement (Four Corners Property Trust, Inc.), Lease Agreement (Four Corners Property Trust, Inc.)

ALTERATIONS AND IMPROVEMENTS. 8.1 Save for the installation of trade fixtures and furnishings, the Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to will make or cause to be made, any no alterations, additionsinstallations, removals, additions or improvements, improvements in or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with about the Premises without the Landlord’s prior written approvalconsent, which approval shall consent will not be unreasonably withheld or delayed, and in the event of such consent, all work is done at the Tenant’s sole expense and at such times and such manner as the Landlord may reasonably approve. 8.2 The Tenant will not suffer or permit any builders’ liens to be filed against the interest of the Landlord in the Land or the Premises by reason of work, labour, services or material supplied or claimed to have been supplied to the Tenant or for which the Tenant may be in any way obligated, and if any such builders’ lien will at any time be filed against the Land or the Premises whatsoever, the Tenant will cause the same to be discharged from title to the Land within 20 days of the date the Tenant has knowledge of such filing. Upon The Landlord may wish to post security under the provisions of the Builders Lien Act or any legislation replacing such Act. 8.3 All articles of personal property and all business and trade fixtures, machinery and equipment, cabinet work, furniture and movable or immovable partitions owned or installed by the Tenant at the expense of the Tenant in the Premises will remain the property of the Tenant and may be removed by the Tenant at any time during the Term, provided that the Tenant at its expense will repair any damage to the premises or the Building caused by such removal of the original installation. 8.4 The Landlord may elect to require the Tenant to remove all or any part of the business and trade fixtures, machinery and equipment, cabinet work, furniture and movable and immovable partitions owned or installed by or on behalf of the Tenant after the commencement of the Term (other than those which constitute ordinary and reasonable commercial fixtures and improvements which would be reasonably useable by other commercial tenants) at the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from Lease in which event such removal is repaired. Alsodone at the Tenant’s expense and the Tenant will, upon the expiration of the Initial Term of this Leaseat its expense, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or to the buildings Building caused by such removal. 8.5 If the Tenant does not remove the property set out in which Section 8.4 forthwith after written demand by the Premises are located) occasioned by their installation or removal Landlord, such property will, if the Landlord elects, be deemed to become the Landlord’s property and restore the Premises to substantially Landlord may remove the same condition as existed prior to at the time when any such alterations or additions were made, or (ii) reimburse Landlord for same at the expense of the Tenant and the cost of removing such alterations or additions removal will be paid by the Tenant forthwith to the Landlord on written demand and the restoration Landlord will not be responsible for any loss or damage to such property because of the Premisessuch removal.

Appears in 3 contracts

Sources: Lease Agreement (Xenon Pharmaceuticals Inc.), Lease Agreement (Xenon Pharmaceuticals Inc.), Lease Agreement (Xenon Pharmaceuticals Inc.)

ALTERATIONS AND IMPROVEMENTS. Except for minor, decorative alterations which do not affect the Building structure or systems, are not visible from outside the Premises and do not cost in excess of $10,000.00 in the aggregate, Tenant shall have not make or allow to be made any alterations, physical additions or improvements in or to the right Premises without first obtaining in writing Landlord's written consent for such alterations or additions, which consent may be granted or withheld in the sole, unfettered discretion of Landlord (if the alterations will affect the Building structure or systems or will be visible from outside the Premises), but which consent shall not be unreasonably withheld (if the alterations will not affect the Building structure or systems and will not be visible from outside the Premises). Upon Landlord's request, Tenant will furnish Landlord plans and specifications for any proposed alterations, additions or improvement and shall reimburse Landlord for its reasonable cost to review such plans. Any alterations, physical additions or improvements shall at once become the Property of Landlord; provided, however, Landlord, at its option, may require Tenant to remove any time alterations, additions or improvements in order to restore the Premises to the condition existing on the Commencement Date. All costs of any such alterations, addition or improvement shall be borne by Tenant. All alterations, additions or improvements must be made in a good, first-class, workmanlike manner and in a manner that does not disturb other tenants (i.e., any loud work must be performed during non-business hours) and Tenant must maintain appropriate liability and builder's risk insurance throughout the term construction. Tenant does hereby indemnify and hold landlord harmless from and against all claims for damages or death of persons or damage or destruction of property arising our of the performance of any such alterations, additions or improvements made by or on behalf of Tenant. Under no circumstances shall Landlord be required to pay, during the Term of this Lease and any extensions hereof, to make or cause to be maderenewals thereof, any ad valorem or Property tax on such alterations, additions, improvements or improvements, or install or cause repairs. Repairs which are to be installed performed by contractors or workmen other than Landlord's contractors or workmen, any trade fixture, signs, floor covering, interior such contractors or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not workmen must first be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenantapproved, in writing, along with by Landlord’s approval notice, . Landlord agrees to assign to Tenant any rights it may have against the contractor of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or with respect to any work performed by said contractor in connection with improvement made by Landlord at the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost request of removing such alterations or additions and the restoration of the PremisesTenant.

Appears in 3 contracts

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

ALTERATIONS AND IMPROVEMENTS. Tenant Sublessee shall have the right at any time throughout the term of this Lease Sublease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant Sublessee may deem necessary or suitable with LandlordSublessor’s prior written approval, which approval shall not be unreasonably withheld or delayeddelayed so long as the requested improvements do not violate the terms and conditions of the Master Lease Agreement. Upon the expiration of the Initial Term of this LeaseSublease, Tenant Sublessee shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this LeaseSublease, Tenant Sublessee if requested by Landlord Sublessor shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant Sublessee shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of LandlordSublessor, which approval shall not be unreasonably withheld or delayeddelayed so long as the request does not violate the terms and conditions of the Master Lease Agreement. Notwithstanding the foregoing, Tenant Sublessee shall be permitted to make Minor Alterations (as defined below) without LandlordSublessor’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord Sublessor approves any alterations, additions, improvements, etc., Landlord Sublessor shall notify TenantSublessee, in writing, along with LandlordSublessor’s approval notice, of whether Tenant Sublessee shall, upon termination of this LeaseSublease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord Sublessor for the cost of removing such alterations or additions and the restoration of the Premises.

Appears in 3 contracts

Sources: Sublease Agreement (Lender Processing Services, Inc.), Sublease Agreement (Lender Processing Services, Inc.), Sublease Agreement (Lender Processing Services, Inc.)

ALTERATIONS AND IMPROVEMENTS. Tenant a. Sublandlord shall have the right at any time throughout the term of this Lease and any extensions hereof, no obligation to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions alterations or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Subleased Premises resulting from such removal. During the term, Tenant for Subtenant’s use or occupancy thereof Subtenant shall not make any alterations, additionsadditions or improvements (collectively, improvements, non-cosmetic changes or other material changes to “Subtenant Improvements”) in the Subleased Premises without in each instance obtaining the prior written approval consent of Landlord, which approval both Primary Sublandlord (in accordance with Section 15 of the Primary Sublease) and Sublandlord (Sublandlord’s consent shall not be unreasonably withheld or delayed. Notwithstanding withheld); provided, however, notwithstanding the foregoing, Tenant Subtenant need only seek and obtain Sublandlord’s consent if the Subtenant Improvements will involve modification of the structure or utilities systems or will cost more than $50,000.00 to complete, or require filing for a building permit with the NYC Building Department. Any approved Subtenant Improvements must be completed in accordance with plans and specifications previously approved by Sublandlord and Primary Sublandlord. Any costs reimbursable to Primary Sublandlord under the terms of the Primary Sublease in connection with approval of plans and specifications proposed by Subtenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterationspaid by Subtenant when due under the Primary Sublease, as used herein, shall be defined as Additional Rent hereunder. b. If Sublandlord is required by the Primary Sublandlord to carry out any alterations, improvements, etc. made restorations or other work on the Subleased Premises pursuant to the Premises (excluding Sublandlord’s obligations to the facade thereof) which do Primary Sublandlord under the Primary Sublease, Subtenant shall permit same to be performed without being entitled to any reduction in rental or other compensation. Sublandlord shall complete all such work in a manner so as to not affect unreasonably interfere with the structure use and occupancy of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcSubleased Premises by Subtenant., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.

Appears in 2 contracts

Sources: Sublease (2U, Inc.), Sublease (2U, Inc.)

ALTERATIONS AND IMPROVEMENTS. Tenant (a) Lessee shall have the right at any time throughout the term of this Lease and any extensions hereof, to not make or cause to be made, made any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Improved Leased Premises without the prior written approval consent of LandlordLessor. All alterations, which approval shall not be unreasonably withheld additions or delayed. Notwithstanding the foregoing, Tenant improvements approved by Lessor shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used hereinmade solely at Lessee's expense by a contractor approved by Lessor, shall be defined made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 5, and any fixtures installed as any alterationsa part thereof, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, at Lessor's option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee's cost upon such termination of this Lease, either: (i) and Lessee shall promptly remove any such alterations or additions the same and repair any damage to the Improved Leased Premises caused by such removal. (b) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the buildings interest from such claim or in which any manner satisfactory to Lessor and any mortgagee. If Lessee desires to contest the Premises are located) occasioned by their installation validity of any lien or removal and restore the Premises to substantially the same condition as existed claim, Lessee may do so upon Lessor's prior to the time when any such alterations or additions were madewritten consent, or (ii) reimburse Landlord for provided Lessee sustains the cost of removing such alterations contest, and Lessee remains liable to pay or additions discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and the restoration holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of the Premisessuch contest, unless such contest arises from any negligent or intentional act or omission of Lessor.

Appears in 2 contracts

Sources: Commercial Lease Agreement (Embassy Bancorp, Inc.), Commercial Lease Agreement (Embassy Bancorp, Inc.)

ALTERATIONS AND IMPROVEMENTS. A. Upon completion of the Tenant Improvements in accordance with paragraph 2 hereof, Landlord shall assign to Tenant all warranties relating to such Tenant Improvements (a complete list of which is set forth in Exhibit D) and shall have no further obligation to make any alterations or improvements to the right at any time throughout the term of this Lease and any extensions Premises except as provided in paragraph 13.C. hereof, to and except for (i) punch list items designated by the Tenant after inspection of the Premises upon completion of the Tenant Improvements (which items shall be completed by the Landlord within thirty (30) days after the Commencement Date) and (ii) any defective workmanship and materials in the Tenant Improvements of which the Tenant has given the Landlord notice not later than sixty (60) days after the Commencement Date, or in the case of latent defects, not later than one (1) year after the Commencement Date. B. Tenant further covenants that it will at no time or times make or cause to be made, any alterations, additions, improvements or improvements, or install or cause changes of any kind over Thirty Thousand Dollars ($30,000) to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s the Premises without first submitting the plans thereof and securing the prior written approvalconsent of the Landlord, which approval consent shall not be unreasonably withheld or delayed. Upon ; however, Tenant agrees to submit all plans for alterations, improvements or changes of any kind to Landlord for its professional review and advice regarding construction matters prior to performing said alterations, improvements or changes; which review and advice shall be provided to the expiration Tenant within ten (10) days of submission of the Initial Term plans to the Landlord. Tenant may, at its own option and without having to secure the consent, written or otherwise of the Landlord, (1) make any alterations or changes of any kind to the Premises which may be required by any governmental order or regulation, and such alterations or changes shall, if made by Tenant, be made at no expense to Landlord; and (2) undertake any landscaping or similar work with respect to the Premises (including the Improvements) which are of a minor nature; provided that such work or alterations or changes are performed at no cost to Landlord. All improvements, alterations, replacements and building service equipment made or installed by or on behalf of Tenant and permanently affixed to the Improvements shall immediately upon completion or installment thereof be and become the property of Landlord, without payment therefor by Landlord, but subject to the provisions of this Lease; provided that all machinery, equipment (other than building service equipment), trade fixtures, movable partitions, furniture and furnishings installed by Tenant or maintained on the Premises, even if permanently affixed thereto, shall remain the property of Tenant, and Tenant shall have the option be entitled to remove such alterationsthe same or any part thereof at any time during the Lease term, decorationsbut Tenant shall, additions or improvements made by itat its expense, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages and all damage to the Premises resulting from or caused by such removal. During The interest of Tenant in any property which is not so removed shall at the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to end of thirty (30) days after the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings Lease vest in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the PremisesLandlord.

Appears in 2 contracts

Sources: Lease Agreement (Sync Research Inc), Lease Agreement (Entrada Networks Inc)

ALTERATIONS AND IMPROVEMENTS. Tenant shall not have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, improvements in or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval consent of Landlord, which approval consent shall not be unreasonably withheld with regard to non-structural work only. Should Tenant desire to perform alterations or delayedimprovements upon the Premises, it shall, prior to commencing the work, transmit a reasonably detailed description of the work to Landlord, including drawings and/or plans. Within ten (10) business days of receipt of the same, Landlord shall notify Tenant as to its approval or disapproval of the proposed alteration, addition or improvement. If Landlord rejects such proposed alteration, addition or improvement and Tenant submits revised plans, then Landlord shall have five (5) business days after receipt to reject or approve the alteration, addition or improvement described in such revised plans. All work on such improvements shall be performed at Landlord’s election by either (i) Landlord’s employees or its designated agents or contractors or (ii) contractors selected by Tenant and reasonably approved by Landlord. If Tenant’s contractor is used for such work, Tenant shall provide Landlord with (x) evidence of contractor’s and subcontractors’ insurance in amounts reasonably required by Landlord, naming Landlord as an additional insured party and (y) any security for the performance of the work in amounts reasonably required by Landlord. All such work that Tenant is entitled to make hereunder, shall be done in a good and workmanlike manner and shall not impair the structural integrity of the Building. Any mechanic’s lien filed against the Premises or the Building for work claimed to have been done for, or materials claimed to have been furnished to, Tenant shall be discharged by Tenant within thirty (30) days after Tenant receives notice thereof, at Tenant’s expense, by payment or filing the bond required by law. Tenant shall obtain all required building permits prior to commencing any construction in the Premises and arrange for all required municipal or governmental inspections upon completion of any construction. Upon the termination of this Lease, any or all such alterations, additions or improvements shall, at the option of Landlord, (1) become the property of Landlord or (2) be removed by Tenant; provided that, at the time of Tenant’s request for Landlord’s consent to make such alterations, additions or improvements, Tenant may request Landlord to specify at such time whether such alterations, additions or improvements, if consented to by Landlord, would become the property of Landlord or be required to be removed by Tenant upon the termination of this Lease and Landlord shall comply with such request and abide by its decision accordingly. Notwithstanding the foregoing, Tenant all of Tenant’s trade fixtures and equipment shall remain its property and shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to removed at the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations . Tenant shall repair all damage or additions and repair any damage defacement to the Premises (or Premises, the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions Building and the restoration fixtures, appurtenances and equipment of Landlord, caused by Tenant’s removal of its furniture, fixtures, equipment, machinery and the Premiseslike and the removal of any improvements or alterations.

Appears in 2 contracts

Sources: Master Agreement (Westwood One Inc /De/), Lease (Westwood One Inc /De/)

ALTERATIONS AND IMPROVEMENTS. Tenant (a) The Lessee shall have the privilege from time to time of making Additional Improvements to the Facility Realty as it may determine in its discretion to be desirable for its uses and purposes, provided that: (i) as a result of the Additional Improvements, the fair market value of the Facility is not reduced below its fair market value immediately before the Additional Improvements are made and the usefulness, structural integrity or operating efficiency of the Facility is not materially impaired, (ii) the Additional Improvements are effected with due diligence, in a good and workmanlike manner and in compliance with all applicable Legal Requirements, (iii) the Additional Improvements are promptly and fully paid for by the Lessee in accordance with the terms of the applicable contract(s) therefor, and (iv) the Additional Improvements do not change the nature of the Facility so that it would not constitute the Approved Facility and a qualified “project” within the meaning of the Act. (b) All Additional Improvements shall constitute a part of the Facility, subject to the Company Lease, this Agreement and the Sublease Agreement. (c) If at any time after the Operations Commencement Date, the Lessee shall make any Additional Improvements, the Lessee shall (i) notify an Authorized Representative of the Agency of such Additional Improvements by delivering written notice thereof within thirty (30) days after the completion of the Additional Improvements, and (ii) take the actions required by Section 5.1(f). (d) In addition to the Facility Personalty, the Lessee shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause permit to be installed any trade fixtureat the Facility Realty, signsmachinery, floor coveringequipment and other personal property at the Lessee’s own cost and expense (the “Lessee’s Property”). Once so installed, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlordthe Lessee’s prior written approval, which approval Property shall not constitute Facility Personalty and shall not be unreasonably withheld subject to the Company Lease, this Agreement or delayed. Upon the expiration Sublease Agreement, nor constitute part of the Initial Term of this LeaseFacility, Tenant provided that the same is not made fixtures appurtenant to the Facility Realty. The Lessee shall have the option right to remove such alterationscreate or permit to be created any mortgage, decorationsencumbrance, additions lien or improvements made by itcharge on, provided any damage to Premises resulting from such removal is repaired. Alsoor conditional sale or other title retention agreement with respect to, upon the expiration Lessee’s Property, without the consent of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages or notice to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcAgency., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.

Appears in 2 contracts

Sources: Agency Lease Agreement, Agency Lease Agreement

ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes additions or other material changes improvements to the Premises or Property without the prior written consent of Landlord; nor shall Tenant, or any telecommunications companies on behalf of Tenant, install any telecommunications systems within the Property without the prior written consent of Landlord. All construction and other work pre-approved by Landlord and performed by or on behalf of Tenant shall be with Approved Materials and Approved Contractors; and all construction shall be completed in a good and workmanlike manner and in compliance with all Laws, as well as all requirements of Landlord’s insurance carrier. Prior to installing any trade fixtures, or making any alterations, additions or improvements to the Premises, Tenant shall notify Landlord in writing of the same and provide to Landlord such plans and specifications for such work as Landlord may reasonably request, together with a detailed work schedule and list of contractors, subcontractors and materialmen. It is expressly understood and agreed that Landlord’s approval of Landlord, which approval any plans and specifications of any work undertaken by Tenant shall not be unreasonably withheld a representation by Landlord that the contemplated alterations, additions or delayedimprovements comply with any Laws; and Tenant shall remain wholly liable for compliance with all Laws and indemnify and hold Landlord harmless from any violations thereof. Landlord shall not be liable for or be required to insure any alterations or improvements made to the Premises by or on behalf of Tenant; and Tenant shall secure all-risk property insurance coverage for all such alterations and improvements pursuant to Section 19. Notwithstanding anything to the foregoingcontrary in this Lease, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair liable for any damage to the Premises (and the Property arising from any alteration or the buildings in which construction undertaken by Tenant. Prior to performing any alterations, additions or improvements to the Premises are locatedor Property, Tenant shall first provide Landlord with certain assurances reasonably satisfactory to Landlord that Tenant is capable of paying for all such materials and work. Such assurances may include, by way of example (a) occasioned proof of prepayment of all or substantially all of such materials and work, based upon actual contractor’s bids; (b) evidence of a construction or other loan from a bank or other lender in the full amount of the cost of Tenant’s proposed improvements which provides for the disbursement of the loan proceeds pursuant to a disbursing arrangement in accordance with customary industry standards reasonably acceptable to Landlord; or (c) a guaranty by their installation one (1) or more separate persons or entities, reasonably satisfactory to Landlord, for the full amount of the cost of such work. Landlord reserves the right, but not the obligation, to perform all alterations, improvements or additions required by Tenant; and, in the event Landlord exercises such right, Tenant shall reimburse Landlord for all of Landlord’s costs within fifteen (15) days after receipt of Landlord’s statement. Tenant shall remove all trade fixtures from the Premises prior to the expiration of this Lease, unless Landlord has theretofore consented in writing to allow such trade fixtures to remain within the Premises. Tenant shall remove all other improvements from the Premises, whether or not installed and/or pre-approved by Landlord, unless Landlord elects in writing to require such improvements to remain within the Premises. For purposes of this Lease, improvements shall include without limitation, all personal property, construction, and fixtures, and all voice, video, data and other telecommunications wiring, cabling and equipment (collectively, “Telecommunication Equipment”) installed by or on behalf of Tenant. Notwithstanding the aforesaid, Tenant shall have no duty to remove any construction or fixtures which were installed by Landlord or Tenant in connection with Tenant’s initial occupancy of the Premises, except with respect to Tenant’s Telecommunication Equipment which Tenant shall remove unless Landlord otherwise specifically elects in writing. Tenant shall repair any damage caused by any such removal and restore the Premises to a condition substantially similar to the same condition as existed of the Premises immediately prior to the time when any installation of such alterations or additions were madeimprovements; in the event Tenant fails to so repair and restore the Premises, or (ii) reimburse Landlord Tenant shall be liable for the cost costs thereof, which liability shall survive the termination of removing such alterations or additions and the restoration of the Premisesthis Lease.

Appears in 2 contracts

Sources: Standard Office Building Lease (Eargo, Inc.), Standard Office Building Lease (Eargo, Inc.)

ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to will not make or cause allow to be made, made any alterations, additions, alterations or improvements, physical additions in or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval consent of Landlord, which approval consent shall not be unreasonably withheld or delayedas to nonstructural alterations. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor AlterationsLandlord may require, as used herein, shall be defined as any alterations, improvements, etc. made a condition to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove granting its consent to any such alterations or physical additions, that Tenant agree to remove such alterations or physical additions and repair any damage to at the Premises (or end of the buildings in which the Premises are located) occasioned by their installation or removal lease term and restore the Premises to substantially the condition in which the same condition as existed prior to the time when any before such alterations or physical additions were made. At the end or other termination of this lease, Tenant shall deliver up the Premises with all improvements located thereon (except as otherwise herein provided) in good repair and condition, reasonable wear and tear excepted, and shall deliver to Landlord all keys to the Premises. The cost and expense of any repairs necessary to restore the condition of the Premises to such condition in which they are to be delivered to Landlord shall be borne by Tenant. All permanent alterations, additions or Improvements made in or upon the Premises, either by Landlord or Tenant, shall be Landlord's property on termination of this lease and shall remain on the Premises without compensation to Tenant. All temporary alterations, furniture, movable trade fixtures and equipment installed and paid for by Tenant may be removed by Tenant at the termination of this lease if Tenant so elects, and shall be so removed if required by Landlord, or (ii) reimburse Landlord for if not so removed shall at the cost option of removing Landlord, become the property of Landlord. All such alterations installations, removals and restoration shall be accomplished in good workmanlike manner so as not to damage the Premises or additions and the restoration primary structure or structural qualities of the PremisesBuilding or the plumbing, electrical lines or other utilities.

Appears in 2 contracts

Sources: Annual Report, Office Lease Agreement (Sonus Networks Inc)

ALTERATIONS AND IMPROVEMENTS. Subject to the terms of the Existing Lease referred to in Section 1.2 above and subject to the last two (2) sentences of this Section 7.1, Tenant shall have the right, without obtaining any consent from Landlord therefore, from time to time during the term of this Lease, to erect any lawful building or buildings or other lawful improvements upon the demised premises of any kind, nature or description, as it deems desirable, and to make repairs, changes, alterations, additions and other improvements thereto, structural or otherwise, and to demolish and remove any of the same, as Tenant may from time to time deem necessary or desirable provided, however, that no such alteration, demolition or addition shall diminish the value of the demised premises when considering the aggregate effect of alterations, demolition or additions made by Tenant to the demised premises. Also, subject to the Existing Lease and the terms of any other leases or subleases entered into by Tenant for any portion of the demised premises, Tenant shall have the right at any time throughout during the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additionsLease, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon at the expiration of the Initial Term term, as Tenant shall see fit, to remove any and all improvements erected, installed or placed on the demised premises prior to or during the term hereof by Tenant, notwithstanding the fact that any such improvements may be deemed part of this Leasethe realty, and notwithstanding any rule, regulation or statute to the contrary. In the event Landlord has approved the specific structural alteration or demolition, Tenant shall have no obligation to restore the option demised premises except as otherwise set forth in the Existing Lease or as set forth in any other leases or subleases entered into by Tenant for any portion of the demised premises. In the event Landlord has not approved specific structural alterations or demolition in advance, then Tenant shall either restore the building and the demised premises with respect to remove such alterations, decorations, additions unapproved structural alteration or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, demolition upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions or, if this Lease is to expire at the end of the Original Term, and repair any damage if Tenant does not so restore the demised premises and the building, then Landlord shall have the right to "put" the demised premises to Tenant at the Purchase Price referred to in Article 16 below and Tenant shall be obligated to purchase the demised premises at the Purchase Price pursuant to the Premises (or the buildings process provided in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord Section 16.3 below for the cost of removing such alterations or additions and the restoration of the PremisesPut Option.

Appears in 2 contracts

Sources: Lease Agreement (Brooks-Pri Automation Inc), Lease Agreement (Brooks Automation Inc)

ALTERATIONS AND IMPROVEMENTS. Tenant A. Lessee shall make no changes, improvements, alterations, or additions to the leased premises unless such changes, improvements, alterations, or additions: 1) Are first approved in writing by Lessor. Lessor shall not unreasonably withhold approval. 2) Are not in violation of restrictions placed on Lessor by lenders or other third parties. 3) Will not materially alter the character of the leased premises. 4) Will not substantially lessen the value of the leased premises. 5) Are made in a workmanlike manner, utilizing good quality materials. B. Lessee shall have the right to place and install personal property, trade fixtures, equipment and other temporary installations in and upon the leased premises, and fasten the same to the premises. C. All personal property, equipment, machinery, trade fixtures and temporary installations, whether acquired by Lessee at the commencement of the Lease term or placed or installed on the leased premises by Lessee thereafter, shall remain Lessee's property free and clear of any claim by Lessor. Lessee shall have the right to remove the same at any time throughout during the term of this Idaho Commercial Lease provided that all damage to the leased premises caused by such removal shall be repaired by Lessee at Lessee's expense. D. All improvements made by Lessee to the leased premises which are so attached to the leased premises that they cannot be removed without material injury to the leased premises, shall become the property of the Lessor upon installation. E. Not later than the last day of the Term, Lessee shall, at Lessee’s sole expense 1) Remove all of Lessee’s personal property and any extensions hereofthose improvements made by Lessee which have not become the property of Lessor, to make including trade fixtures, cabinetwork, movable paneling, partitions, and the like, 2) Repair all injury done by or cause to be made, any alterations, additions, in connection with the installation or removal of such property and improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, and 3) Surrender the leased premises in as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon good condition as they were at the expiration beginning of the Initial Term, reasonable wear and tear excepted. F. All property remaining on the leased premises after the last day of the Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant Idaho Commercial Lease shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consentconclusively deemed abandoned and may be removed by Lessor. Minor Alterations, as used herein, Lessee shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord Lessor for the cost of removing such alterations or additions and the restoration of the Premisesremoval.

Appears in 2 contracts

Sources: Commercial Lease Agreement, Commercial Lease Agreement

ALTERATIONS AND IMPROVEMENTS. 9.1 Landlord understands that Tenant shall have has made and may in the right at any time throughout future make substantial improvements to the term interior of this Lease the Demised Premises including, but not limited to, the installation of the mezzanine, partitions, dropped ceilings, conduit, raised flooring, electrical systems, fire sprinkler systems, heating, ventilating and any extensions hereofair-conditioning systems, and other improvements necessary or desirable to prepare the Demised Premises for Tenant’s occupancy thereof (the “Tenant Improvements”). 9.2 Tenant may not make or cause to be made, any structural alterations, additions, additions or improvements, or install or cause improvements to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with the Demised Premises (“Structural Alterations”) without the consent of the Landlord’s prior written approval, which approval consent shall not be unreasonably withheld withheld, conditioned or delayed. Upon the expiration Landlord will review and consent or object in writing to Tenant’s submission of the Initial Term Tenant’s plans for structural alterations within ten (10) days of this Lease, Tenant receipt thereof. Landlord’s failure to respond within ten (10) days shall have the option to remove such operate as a refusal of consent. Landlord’s consent shall not be required for nonstructural alterations, decorations, additions or improvements made by itto the Demised Premises (“Nonstructural Alterations”). Tenant’s Structural Alterations and Nonstructural Alterations are sometimes hereinafter referred to as “Alterations”. In the event Landlord does not consent to the Tenant’s plans for Structural Alterations, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration Landlord shall specifically inform Tenant of the Initial Term reason for denial of this Lease, Tenant if requested such consent. Any work undertaken by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall be performed in compliance with all applicable codes and standards including, but not make any alterationslimited to, additionsthe New Jersey Uniform Construction Code. 9.3 Tenant, improvementsat Tenant’s sole cost and expense, non-cosmetic changes or other material changes shall prepare all necessary plans and specifications for the design and construction of all Tenant Improvements (the “Tenant Plans”). The Tenant Plans shall be subject to the Premises without the prior written review and approval of by Landlord, which approval Landlord shall not unreasonably delay or withhold or condition, and which shall be deemed approved if Landlord has not responded to Tenant within ten (10) days after submission thereof by Tenant to Landlord. Any material changes by Tenant to the Tenant Plans, once approved by Landlord, shall likewise be subject to review and approval by Landlord, which approval Landlord shall not unreasonably withheld delay or delayedwithhold or condition, and which shall be deemed approved if Landlord has not responded to Tenant within ten (10) days after submission thereof by Tenant to Landlord. Notwithstanding the foregoing, Tenant shall cause the construction and installation of the Tenant Improvements to be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made in compliance with the approved Tenant Plans. 9.4 In addition to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc.other provisions set forth in this Section 9, Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether and Tenant shall, upon termination of this Lease, eitheragree that: (i) remove any such alterations or additions each shall require all contractors retained by it to indemnify and repair any damage hold harmless Landlord and Tenant to the Premises (maximum extent permitted by law, to comply with all safety rules and regulations including, but not limited to OSHA regulations, and take all safety measures reasonably required to protect Landlord and Tenant and their respective agents, contractors and employees from injury or damage caused by or resulting from the buildings in which performance of the Premises are located) occasioned by their installation or removal and restore construction activities at the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or Demised Premises; (ii) reimburse all construction contracts in connection with construction activities at the Demised Premises shall contain provisions that obligate the contractors to: (a) carry public liability and property damage insurance with a combined single limit of not less than $5,000,000.00; and (b) carry workmen’s compensation insurance in compliance with New Jersey law. 9.5 The review and approval by Landlord of the plans and specifications for the cost Tenant Improvements is solely for the benefit of removing such alterations or additions Landlord, and, in reviewing and approving the restoration same, Landlord assumes no liability for the design of the Tenant Improvements or the adequacy thereof, nor shall such review or approval by Landlord release Tenant from any obligation or liability in respect thereof. 9.6 Upon Tenant’s request, from time to time, Landlord shall promptly submit to Tenant the current copies of any and all plans, specifications and/or working drawings relative to the Demised Premises which have not been previously submitted to Tenant pursuant to other provisions of this Lease. Upon Landlord’s request, from time to time, Tenant shall promptly submit to Landlord then current copies of any and all plans, specifications and/or working drawings relative to the Tenant Improvements which have not been previously submitted to Landlord pursuant to other provisions of this Lease. Landlord will not impose any fee for review or approval of the plans for the Tenant Improvements. Landlord will not impose any fees for construction, supervision, or plan review unless Landlord is acting as the general contractor. 9.7 Neither party shall, at any time prior to or during the Term, directly or indirectly employ or permit the employment of, any contractor, mechanic or laborer in the Demised Premises if such employment would interfere or cause any conflict with other contractors, mechanics or laborers engaged in the construction, maintenance or operation of the Demised Premises. In the event of such interference or conflict, each party, upon demand of the other, shall cause all contractors, mechanics or laborers causing such interference or conflict to leave the Demised Premises immediately. 9.8 Tenant shall, in connection with the construction and installation of Tenant Improvements, comply with all applicable laws, ordinances, rules and regulations and shall, with Landlord’s assistance as may be required, obtain all permits and approvals required or necessary thereunder in order for Tenant to perform the Tenant Improvements. 9.9 If, because of any acts or omission of Tenant or anyone claiming through or under Tenant, any mechanic’s or materialmen’s notice of intention or mechanic’s or materialmen’s or other construction lien or order for the payment of money shall be filed against the Demised Premises, or against Landlord (whether or not such lien or order is valid or enforceable as such), Tenant shall, at Tenant’s own cost and expense, cause the same to be canceled and discharged of record or bonded off within forty-five (45) days after the date of filing thereof, and shall also indemnify and save harmless Landlord from and against any and all costs, expenses, claims, losses or damages, including reasonable counsel fees, resulting therefrom or by reason thereof. If, because of any acts or omission of Landlord or anyone claiming through or under Landlord, any mechanic’s or materialmen’s notice of intention or mechanic’s or materialmen’s or other construction lien or order for the payment of money shall be filed against the Demised Premises, or against Tenant (whether or not such lien or order is valid or enforceable as such), Landlord shall, at Landlord’s own cost and expense, cause the same to be canceled and discharged of record or bonded off within forty-five (45) days after the date of filing thereof, and shall also indemnify and save harmless Tenant from and against any and all costs, expenses, claims, losses or damages, including reasonable counsel fees, resulting therefrom or by reason thereof.

Appears in 2 contracts

Sources: Lease Agreement (SunGard VeriCenter, Inc.), Lease Agreement (Sungard Capital Corp Ii)

ALTERATIONS AND IMPROVEMENTS. a. Landlord shall make the improvements as specified in Fxhibit "A" and "B" at no additional charge. Tenant, upon agreement of the Landlord, may modify these improvements with the written approval of the County Environmental Protection Department Director and facilities Manager, provided said modifications do not alter the rent. The Tenant reserves the right to make alternations to the leased premises during the term of the lease with written approval of the Landlord. Approval shall not be unreasonably withheld. Tenant shall also have the right to make alteration to the premises, subject to approval of the landlord, prior to the date of useful occupancy. The landlord shall provide reasonable access for the County and its contractors to the premises. b. At the termination of the lease term by lapse of time or otherwise, the Tenant shall have the right to remove all personal property and fixtures of the Tenant brought onto or into the premises by the 1 enant or at any time the expense of the Tenant. c. Tenant is allowed to install conduit into the building and install optical ▇▇▇▇▇▇▇▇ LFASP - 40« W Umwrsuv Ave 6-24-2011 Page 2 of 17 fiber throughout the term building as ncccssary. Tenant will notify Landlord of this Lease its cable design and any extensions hereof, installation plan. The landlord may request reasonable modification to make or cause such plans and may provide a recommendation as to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as the location of the fiber. Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of remove this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, equipment upon termination of this Lease, either: (i) remove any such alterations or additions . d. Tenant may utilize the existing conduit in the building for its communications and repair any damage data needs. Tenant may attach communications equipment to the Premises (roof of the Seaglc Building or the buildings Scaglc Building Annex subjcct to approval of the Landlord and in which accordance with all building codes and, regulations. Approval shall not be unreasonably withheld. Any fiber, wire or conduit or communications equipment installed by Tenant may­ be removed by Tenant upon termination of the lease. Landlord understands that the ability to connect this communications equipment is ncccssary for the proper use of the Premises are located) occasioned by their installation Tenant and Landlord shall make every reasonable effort to accommodate ▇▇▇▇▇▇'s needs and requests. Tenant may remove this equipment upon termination of this lease. c. Tenant shall pay for any required permits for modifications or removal and restore alternation made by the Premises Tenant. f. The Landlord is authorized to substantially modi ly the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration build out specified in Exhibit B with approval of the Premises.County Facility Manager and County linvironmental Protection Director provided said modifications do not increase the lease rate set forth in Section 4

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement

ALTERATIONS AND IMPROVEMENTS. Tenant shall have (a) At the right at any time throughout the term of this Lease and any extensions hereof, to make end or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term other termination of this Lease, Tenant shall have deliver up the Premises with all improvements located thereon (except as otherwise herein provided) in good repair and condition, reasonable wear and tear excepted, and shall deliver to Landlord all keys to the Premises. The cost and expense of any repairs necessary to restore the condition of the Premises to said condition in which they are to be delivered, reasonable wear and tear excepted, to Landlord shall be borne by Tenant. Tenant will not make or allow to be made any alterations, physical additions or improvements in excess of an aggregate amount of twenty five thousand and 00/100 dollars ($25,000.00) in any twelve (12) month period in or to the interior of the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld as to non-structural alterations or improvements. All alterations, additions or improvements made in or upon the Premises, either by Landlord or Tenant, shall be Landlord’s property on termination of this Lease and shall remain on the Premises without compensation to Tenant. All furniture, movable trade fixtures and personal property of Tenant may be removed by Tenant at the termination of this Lease if Tenant so elects, and shall be so removed if required by Landlord, or if not so removed shall, at the option of Landlord, become the property of Landlord. All such installations, removals and restoration shall be accomplished in a good workmanlike manner so as not to remove such damage the Premises or the primary structure or structural qualities of any building improvements or the plumbing, electrical lines or other utilities. (b) Tenant shall indemnify and hold harmless Landlord from and against all costs (including attorneys’ fees and costs of suit), losses, damages, claims, demands, liabilities, or causes of action arising out of or relating to any alterations, decorations, additions or improvements made by itTenant to the Premises, provided including but not limited to any damage to Premises resulting from such removal is repairedmechanics’ or materialmen’s liens asserted in connection therewith. Also, upon The indemnity obligations of Tenant set forth herein shall survive the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon earlier termination of this Lease, either: provided, however, in the event Landlord has not commenced litigation against Tenant regarding the indemnity obligations of Tenant set forth herein within two (i2) remove any years after the expiration or earlier termination of this Lease, this indemnity shall survive such alterations expiration or additions and repair any damage to the Premises earlier termination of this Lease for a period of two (or the buildings in which the Premises are located2) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premisesyears.

Appears in 2 contracts

Sources: Sublease (Encore Capital Group Inc), Sublease (Encore Capital Group Inc)

ALTERATIONS AND IMPROVEMENTS. Tenant 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; provided, however, Lessee may, without Lessor's consent (i) undertake nonstructural alterations to a Property costing less than $100,000, (ii) make alterations to the exterior, structural, plumbing or electrical elements of a Property in order to comply with Applicable Regulations, to remedy conditions Lessee deems unsafe, to replace worn out equipment or materials or to repair damages and (iii) make any alterations or repairs or take any other actions necessary or advisable in connection with any Environmental Compliance Activities or Remediation. Upon the expiration of the Initial Term For purposes of this Lease, Tenant alterations to the exterior, structural, plumbing or electrical elements of any of the Properties shall have mean: (i) alterations which affect the option foundation or "footprint" of the improvements at the Properties; (ii) alterations which involve the structural elements of the improvements at the Properties, such as a load-bearing wall, structural beams, columns, supports or roof; or (iii) alterations which materially affect any of the building systems, including, without limitation, the electrical systems, plumbing, HVAC and fire and safety systems. If Lessor's consent is required hereunder and Lessor consents to remove the making of any such alterations, decorations, additions or improvements the same shall be made by it, provided Lessee at Lessee's sole expense by a licensed contractor and according to plans and specifications reasonably approved by Lessor and subject to such other conditions as Lessor shall require. Any work at any damage to Premises resulting from such removal is repaired. Also, upon the expiration time commenced by Lessee on any of the Initial 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, 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 Upon completion of any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval Lessee 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 promptly provide Lessor with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions evidence of full payment to all laborers and repair any damage materialmen contributing 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 madealterations, or (ii) reimburse Landlord for an architect's certificate certifying the cost alterations to have been completed in conformity with the plans and specifications, (iii) a certificate of removing occupancy (if the alterations are of such alterations a nature as would require the issuance of a certificate of occupancy), and (iv) any other documents or additions and the restoration information reasonably requested by Lessor. Any addition to or alteration of any of the PremisesProperties shall automatically be deemed a part of the Properties 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. 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 applicable Properties are located.

Appears in 2 contracts

Sources: Master Lease (Alon USA Energy, Inc.), Master Lease (Alon USA Energy, Inc.)

ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make cut, drill into, disfigure, deface or injure any part of the Premises or Building, nor obstruct or permit any obstruction, alternation, addition, improvement, decoration or installation in the Premises or Building. All alterations, additions, improvements, non-cosmetic changes decorations or other material changes installations, including but not limited to partitions, railing, air conditioning ducts or equipment (except movable furniture and fixtures put in at the expense of Tenant and removable without defacing or injuring the Building or the Premises) shall become the property of Landlord at the termination of this Lease. Landlord, however, reserves the option to require Tenant, upon demand in writing, to remove all fixtures and additions improvements, decoration or installations (including those not removable without defacing or injuring the Premises) and to restore the Premises and the Building to the same condition as when originally leased to Tenant, reasonable wear and tear excepted; provided, however, Landlord shall not have the right to require Tenant to remove any fixtures, additions, improvements, decorations, and/or installations which are initially installed by and for Tenant in order to prepare the Premises for occupancy by Tenant in a manner which has been approved by Landlord. Tenant agrees to restore the Premises immediately upon the receipt of the said demand in writing at its own cost and expense and agrees in case of his failure to do so, that Landlord may do so and collect the cost thereof from Tenant upon demand. Tenant will, at Tenant's own expense, keep the Leased Premises in good repair and tenantable condition during the lease term and will replace at its own expense any and all broken glass caused by Tenant in and about the Premises. Tenant will make no alterations, additions or improvements in or to the Premises without the prior written approval consent of Landlord, which approval shall not be unreasonably reasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (insofar as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcnon-structural alterations are concerned., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.

Appears in 2 contracts

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

ALTERATIONS AND IMPROVEMENTS. Tenant a. Sublandlord shall have the right at any time throughout the term of this Lease and any extensions hereof, no obligation to make any alterations or cause improvements to be made, the Subleased Premises for Subtenant's use or occupancy thereof. Notwithstanding any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration provisions of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages Primary Sublease to the Premises resulting from such removal. During the termcontrary, Tenant Subtenant shall not make any alterations, additionsadditions or improvements (collectively, improvements, non-cosmetic changes or other material changes to “Subtenant Improvements”) in the Subleased Premises without in each instance obtaining the prior written approval consent of Landlordboth Primary Sublandlord and Sublandlord, which approval shall not consent such parties may grant, withhold or condition in their respective sole and absolute discretion. Any approved Subtenant Improvements must be unreasonably withheld or delayed. Notwithstanding completed in accordance with plans and specifications previously approved by Sublandlord and Primary Sublandlord. b. If Subtenant performs Subtenant Improvements without obtaining the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterationsconsent of both Primary Sublandlord and Sublandlord, as used hereinSublandlord (or Primary Sublandlord) may remove the Subtenant Improvements, shall be defined as any alterations, improvements, etc. made to restore the Subleased Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage arising from such removal or restoration, and Subtenant shall be liable for all costs and expenses incurred in the performance of such removal, repairs or restoration. If Sublandlord and Primary Sublandlord consent to any Subtenant Improvements, Subtenant shall perform and complete Subtenant Improvements at its expense, in compliance with applicable laws and the Premises (or Primary Sublease, and, upon installation, the buildings in which Subtenant Improvements shall be the Premises are located) occasioned by their installation or removal and restore property of the Premises to substantially Sublandlord. c. At Sublandlord's option, Subtenant shall remove the same condition as existed Subtenant Improvements prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration end of the PremisesSublease Term and shall restore the Subleased Premises to their condition as of the Sublease Commencement Date. If Sublandlord requires such removal and restoration and Subtenant fails to comply with such requirement, Sublandlord may, but shall not be obligated to, undertake such removal and restoration and Subtenant shall be liable to Sublandlord for all costs and expenses incurred by the Sublandlord in connection therewith. d. If the Sublandlord is required by the Prime Landlord to carry out any restorations or other work on the Subleased Premises pursuant to the Sublandlord’s obligations to the Primary Sublandlord under the Primary Sublease, the Subtenant shall permit same to be performed without being entitled to any reduction in rental or other compensation. Sublandlord shall complete all such work in a manner so as to not unreasonably interfere with the use and occupancy of the Subleased Premises by Subtenant.

Appears in 2 contracts

Sources: Sublease (Cord Blood America, Inc.), Sublease (Cord Blood America, Inc.)

ALTERATIONS AND IMPROVEMENTS. (a) With respect to the initial tenant improvements to be performed at the Premises, Landlord shall perform the improvements to the Premises set forth in the plans and specifications annexed hereto as Exhibit C ("Landlord's Work"). All costs and expenses incurred by Landlord in respect of the Landlord's Work in excess of Seventy Thousand One Hundred Ten and No/100 Dollars ($70,110.00) or Nine and No/100 Dollars ($9.00) per rentable square foot of Premises (the "Allowance") shall be borne by Tenant, and Tenant shall have reimburse Landlord for any such excess cost within fifteen (15) days after Landlord's demand therefor, provided that Tenant has approved any excess amount in advance. Tenant shall give Landlord written notice of any incomplete work, unsatisfactory conditions or defects in the right Demised Premises within thirty (30) days after the Commencement Date and Landlord shall, at its sole expense, complete said work and/or remedy such unsatisfactory conditions or defects as soon as possible. The existence of any time throughout incomplete work, unsatisfactory conditions or defects as aforesaid shall not affect the term Commencement Date or the obligation of this Lease Tenant to pay rent, Additional Rent and all other charges hereunder, provided that the Premises has been substantially completed as required herein and a certificate of occupancy has been issued by the local building authority. (b) Tenant shall not make any extensions hereof, to make alterations or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s improvements without the prior written approvalconsent of Landlord, which approval consent shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this LeaseLandlord may elect to perform on Tenant's behalf any alterations or improvements requested by Tenant. If alterations or improvements requested by Tenant are made by Landlord, Tenant shall have pay Landlord within ten (10) days of demand the option to remove such alterationscost therefor, decorations, additions or improvements made as determined by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without plus 7% for Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment's overhead and profit. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify gives its consent to the making of alterations or improvements by Tenant, all such work shall be done in writingaccordance with such requirements and upon such conditions as Landlord, along in its reasonable discretion, may impose. Any review or approval by Landlord of any plans or specifications with respect to any alteration or improvement is solely for Landlord’s approval notice's benefit, of whether and without any representation or warranty whatsoever to Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage with respect to the Premises adequacy or correctness thereof or otherwise. (c) Tenant shall defend, indemnify and save Landlord harmless from and against any and all mechanics', materialmen's and other liens and encumbrances filed by any person claiming through or the buildings under Tenant, including security interests in which the Premises are located) occasioned by their installation any materials, fixtures, equipment or removal any other improvements or appurtenances installed in and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration constituting part of the Premises, and against all costs, expenses and liabilities (including reasonable attorneys' fees) incurred by Landlord in connection with any such lien or emcumbrance or any action or proceeding brought thereon or in connection therewith. Tenant at its expense shall procure the satisfaction, discharge or bond of record of all such liens and encumbrances within sixty (30) days after the filing thereof.

Appears in 2 contracts

Sources: Sublease Agreement (Accord Networks LTD), Sublease Agreement (Accord Networks LTD)

ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s 's prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s 's prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildingsBuilding, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s 's approval notice, of whether Tenant shall, upon termination of this Lease, either: : (i) remove any such alterations or additions and repair any damage to the Premises (Buildings or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.

Appears in 2 contracts

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

ALTERATIONS AND IMPROVEMENTS. (a) Subject in each case to the requirements of Paragraph 13(b), Tenant shall have the right, without having obtained the prior written consent of Landlord or Lender and provided that no Event of Default then exists, (i) to make Pre-Approved Alterations and (ii) to install or replace Fixtures or accessions to the Fixtures. If Tenant desires to make any Major Alteration to either Related Premises the prior written approval of Landlord and Lender shall be required. Withholding of such approval shall be deemed reasonable only if the proposed Major Alteration will, in the judgment of Landlord or Lender, as applicable, in each case exercised reasonably and in good faith, fail to meet the requirements of Paragraph 13(b). Any such withholding of approval shall be evidenced by notice to Tenant, given within thirty (30) days after Tenant has submitted to Landlord design drawings prepared by a licensed architect or engineer if a building permit is required, or, if no building permit is required, such other reasonably detailed description of the proposed Major Alteration, which shall be sufficient to permit Landlord and Lender to make the determination required hereby, setting forth the reason(s) for such withholding of approval. Tenant shall promptly furnish Landlord with such other information as Landlord may reasonably request during such thirty (30) day period regarding such proposed Major Alteration. In the absence of such notice by Landlord or Lender, Landlord and Lender's approval of the proposed Major Alteration shall be deemed given so long as Tenant's request for approval is conspicuously marked in all capitals on both the outside of the package and within such correspondence with the notation "THIS REQUEST FOR APPROVAL SHALL BE DEEMED GRANTED UNLESS RESPONDED TO WITHIN THIRTY (30) DAYS OF RECEIPT". Upon not less than thirty (30) days prior notice (which notice shall include design drawings or other description sufficient to permit Landlord and Lender to make the determination required hereby), Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make Major Replacements unless, within said thirty (30) day period, Landlord furnishes Tenant with a notice objecting to the Major Replacement, which Landlord notice shall be accompanied by the certification of an independent architect or, if applicable, engineer that the proposed Major Replacement constitutes a material modification of the structure it is replacing (and, therefore, constitutes a Major Alteration) or cause such Major Replacement, if completed in the manner proposed, will be of such lesser quality or utility as to be made, below any alterations, additions, reasonable standards for comparable buildings in the applicable locale. Tenant shall not construct upon the Land any additional buildings (other than storage sheds or improvements, garages not requiring foundations) or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s underground storage tanks without having first obtained the prior written approval, consent of Landlord and Lender which approval shall not as to underground storage tanks may be unreasonably withheld by Landlord or delayedLender in their sole and absolute discretion. Upon the expiration or termination of the Initial Term with respect to a Related Premises, Landlord shall have the right to require Tenant to remove any Alterations except for Pre-Approved Alterations which complied with Paragraph 13(b), Major Replacements, Alterations required by Law and Alterations which Landlord approved in writing, unless such approval was specifically conditioned upon removal of such Alteration. (b) If Tenant makes any Alterations pursuant to this Paragraph 13 or as required by Paragraph 12 or 17 (such Alterations and actions being hereinafter collectively referred to as "Work"), then (i) the market value and utility of the applicable Related of Premises shall not be lessened by any such Work, (ii) all such Work shall be performed by Tenant in a good and workmanlike manner, (iii) all such Work shall be expeditiously completed in compliance with all Legal Requirements, (iv) all such Work shall comply with the requirements of all insurance policies required to be maintained by Tenant hereunder, (v) if any such Work involves the replacement of Fixtures or parts thereto, all replacement Fixtures or parts shall have a value and useful life equal to (A) if the Fixtures are being replaced because they are obsolete or worn out, the value and useful life on the date hereof of the Fixtures being replaced or (B) if the Fixtures are being replaced because of damage or the occurrence of a Casualty, the value and useful life of the Fixtures being replaced immediately prior to the occurrence of the event which required its replacement (assuming such replaced Fixtures were then in the condition required by this Lease), (vi) subject to Paragraph 14, Tenant shall promptly discharge or remove all liens filed against any of the Leased Premises arising out of such Work, (vii) Tenant shall procure and pay for all permits and licenses required in connection with any such Work, (viii) all such Work shall be the property of Landlord and shall be subject to this Lease, and Tenant shall have execute and deliver to Landlord any document requested by Landlord evidencing the option assignment to remove Landlord of all estate, right, title and interest (other than the leasehold estate created hereby) of Tenant or any other Person thereto or therein, (ix) if any such alterationsAlterations are Major Alterations or Major Replacements, decorations, additions or improvements made by it, provided any damage Tenant shall provide to Premises resulting from such removal is repaired. Also, upon the expiration Landlord reasonable financial assurances of the Initial Term availability of funds necessary to complete such Alterations and (x) Tenant shall comply, to the extent requested by Landlord or required by this Lease, Tenant if requested by Landlord shall remove any signs with the provisions of Paragraphs 12(a) and repair any damages to the Premises resulting from 19(a), whether or not such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the Work involves restoration of the Leased Premises.

Appears in 2 contracts

Sources: Lease Agreement (Truserv Corp), Lease Agreement (Corporate Property Associates 15 Inc)

ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereofright, subject to Landlord's prior written approval, to make or cause to be made, any non-structural alterations, additions, or improvements (hereinafter collectively referred to as "improvements") to the interior of the Demised Premises. Said improvements and additions shall be accomplished at Tenant's sole cost and expense and shall be made in compliance with all building codes and ordinances, or install or laws, and regulations applicable to the Demised Premises. Tenant shall cause all improvements to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayedaccomplished in a good workmanlike manner using the same quality and finish to match existing. Upon the expiration of the Initial Term of this Lease, Tenant Landlord shall have the option right, but not the obligation, to remove such alterations, decorations, additions or require Tenant's removal of said improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon at the expiration or termination of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages including restoration of the Demised Premises, to the Premises resulting from such removal. During the termits original state of improvement, 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, improvementsconfiguration, etc. made Tenant shall keep the Demised Premises free from any liens arising out of any work performed, material furnished or obligation incurred by or for Tenant or any person or entity claiming through or under Tenant. In the event that Tenant shall not, within thirty (30) days following the imposition of any such lien, cause the same to the Premises (excluding the facade thereof) which do not affect the structure be released by payment or posting of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc.a bond, Landlord shall notify Tenanthave the right, in writingbut not the obligation, along with Landlord’s approval noticeto cause such lien to be released by such means as Landlord deems proper, 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 including payment of the Premisesclaim giving rise to such lien. All such sums paid and all expenses incurred by Landlord in connection therewith shall be due and payable to Landlord by Tenant as additional rent within fifteen (15) days of Tenant's receip▇ ▇▇ ▇andlord's invoice.

Appears in 2 contracts

Sources: Lease Assignment (Broadview Media Inc), Lease Assignment (Broadview Media 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 by Tenant may be removed by Tenant at the termination of this lease if Tenant so elects, and shall be so removed if required by Landlord, or (ii) reimburse Landlord for if not so removed shall at the cost option of removing Landlord, become the property of Landlord. All such alterations installations, removals and restoration shall be accomplished in good workmanlike manner so as not to damage the Premises or additions and the restoration primary structure or structural qualities of the PremisesBuilding or the plumbing, electrical lines or other utilities.

Appears in 2 contracts

Sources: Annual Report, Office Lease Agreement (Sonus Networks Inc)

ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages no alterations to the Leased Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises Grounds without the prior written approval consent of Landlord. Any alterations, which approval changes, or improvements built, constructed, planted, or placed anywhere in or on the Leased Premises or Grounds by Tenant, with the exception of fixtures removable without damage to the Leased Premises and movable personal property, shall, unless otherwise provided by a written agreement between the parties, be the property of Landlord and remain on the Leased Premises after expiration or termination of this Lease. Landlord reserves the right to alter, move, remove, or cut any improvement Tenant makes to or on the Leased Premises or Grounds including, without limitation, trimming, cutting, pruning, and removing flowers, shrubs and trees. Tenant shall not be unreasonably withheld install additional locks or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) gates on any door or window without Landlord’s prior written consent. Minor AlterationsIf Landlord permits Tenant to install new or different locks, Tenant shall provide Landlord with a key for each lock. Upon expiration or termination of this Lease, Tenant shall provide Landlord with all keys. Landlord may charge Tenant for unreturned keys, as used hereinprovided for in paragraph 7 of this Lease. Landlord shall provide reasonable accommodations to Tenant’s disabilities (if any), shall be defined as any alterationsincluding making changes to rules, improvementspolicies, etc. made or procedures, and making and paying for structural alterations to the Leased Premises or Grounds; provided, however, that Landlord shall not provide accommodations that constitute a fundamental alteration to Landlord’s program or which would pose a substantial financial and administrative hardship to Landlord. Landlord may, however, permit Tenant to make alterations to the Leased Premises to accommodate Tenant’s disabilities (excluding other than alterations required of Landlord). If alterations are approved, Landlord may require that Tenant restore the facade thereof) which do not affect the structure interior or exterior of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, Leased Premises to its pre-Lease condition upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement

ALTERATIONS AND IMPROVEMENTS. Tenant A. Lessee shall make no changes, improvements, alterations, or additions to the leased premises unless such changes, improvements, alterations, or additions: 1) Are first approved in writing by Lessor. Lessor shall not unreasonably withhold approval. 2) Are not in violation of restrictions placed on Lessor by lenders or other third parties. 3) Will not materially alter the character of the leased premises. 4) Will not substantially lessen the value of the leased premises. 5) Are made in a workmanlike manner, utilizing good quality materials. B. Lessee shall have the right to place and install personal property, trade fixtures, equipment and other temporary installations in and upon the leased premises, and fasten the same to the premises. C. All personal property, equipment, machinery, trade fixtures and temporary installations, whether acquired by Lessee at the commencement of the Lease term or placed or installed on the leased premises by Lessee thereafter, shall remain Lessee's property free and clear of any claim by Lessor. Lessee shall have the right to remove the same at any time throughout during the term of this Hawaii Commercial Lease provided that all damage to the leased premises caused by such removal shall be repaired by Lessee at Lessee's expense. D. All improvements made by Lessee to the leased premises which are so attached to the leased premises that they cannot be removed without material injury to the leased premises, shall become the property of the Lessor upon installation. E. Not later than the last day of the Term, Lessee shall, at Lessee’s sole expense 1) Remove all of Lessee’s personal property and any extensions hereofthose improvements made by Lessee which have not become the property of Lessor, to make including trade fixtures, cabinetwork, movable paneling, partitions, and the like, 2) Repair all injury done by or cause to be made, any alterations, additions, in connection with the installation or removal of such property and improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, and 3) Surrender the leased premises in as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon good condition as they were at the expiration beginning of the Initial Term, reasonable wear and tear accepted. F. All property remaining on the leased premises after the last day of the Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant Hawaii Commercial Lease shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consentconclusively deemed abandoned and may be removed by Lessor. Minor Alterations, as used herein, Lessee shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord Lessor for the cost of removing such alterations or additions and the restoration of the Premisesremoval.

Appears in 2 contracts

Sources: Commercial Lease Agreement, Commercial Lease Agreement

ALTERATIONS AND IMPROVEMENTS. Tenant Resident shall have the no right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions alterations or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes Residence or other material changes to the Premises without the prior written approval consent of Landlord, which approval may be withheld in the Landlord’s sole discretion for purely aesthetic reasons. Additions, alterations, and/or improvements include, but are not limited to, changing the exterior paint color, exterior siding, constructing additions to the Residence/Premises, replacing the Residence located on the Premises, and all other alterations or improvements to the Premises. In the event the Residence is removed from the Premises during the term of this Sublease, or if the said Residence is damaged beyond fifty (50%) percent of its replacement value, the Resident shall not be unreasonably withheld replace the said Residence within ninety (90) days of its removal or delayeddestruction by reconstructing said damaged Residence or replacing the removed Residence, in accordance with the prior written approval obtained from Landlord. Notwithstanding the foregoing, Tenant The Premises shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, deemed abandoned and Resident shall be defined in default under this Sublease whenever Resident fails to repair or replace said damaged or removed Residence as any alterations, improvements, etcrequired herein. made to Time is of the essence. Any replacement home must be purchased through the Landlord or its agents. Resident shall maintain the Residence and the Premises (excluding in a neat and orderly condition in compliance at all times with the facade thereof) which do not affect the structure Rules and Regulations of the buildings, their systems Village. In the event Resident fails or equipment. If Landlord approves any alterations, additions, improvements, etc.is unable to maintain the Residence or Premises in this manner, Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, Resident of whether Tenant shall, upon termination such failure and Resident shall within ninety (90) days complete all such repairs or work. Failure of Resident to timely complete all repairs or work shall be a default under this Agreement. In addition to all other remedies at law and equity for such breach of this LeaseAgreement, either: (i) remove any such alterations or additions and repair any damage Landlord shall have the additional right, but not the obligation, to make the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were maderepairs, or (ii) reimburse Landlord for to maintain, clean-up, or repair the cost of removing such alterations or additions and the restoration exterior of the PremisesResidence and grounds, and Resident shall reimburse to Landlord within twenty (20) days of the date of invoice all costs thereof as additional rental, which shall include all costs and reasonable attorney’s fees.

Appears in 2 contracts

Sources: Sublease Agreement, Sublease Agreement

ALTERATIONS AND IMPROVEMENTS. Tenant Sublandlord shall have the right at any time throughout the term of this Lease and any extensions hereof, no obligation to make any alterations or cause improvements to be madethe Premises for Subtenant's use or occupancy thereof; however, any alterations, additions, or improvements, or install or cause Sublandlord shall reimburse Subtenant for up to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration $150,000.00 of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions actual paid invoices reflecting alterations or improvements made by itSubtenant to the Subleased Premises on or before August 31, provided 2002. In addition, Sublandlord shall cooperate with Subtenant to assist in Subtenant's reuse of Sublandlord's network cabling and in resolving any damage to Premises resulting from such removal is repaired. Also, upon questions regarding the expiration compliance of the Initial Term Subleased Premises with applicable life safety codes. Notwithstanding any provisions of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages the Master Lease to the Premises resulting from such removal. During the termcontrary, Tenant Subtenant shall not make any alterations, additions, improvements, non-cosmetic changes improvements or other material changes to installments in the Subleased Premises without in each instance obtaining the prior written approval consent of Landlordboth Master Landlord and Sublandlord, which approval consent shall not be unreasonably withheld withheld, delayed or delayedconditioned. Notwithstanding Sublandlord hereby consents to Subtenant's initial proposed alterations, additions and improvements shown on Exhibit D. If Sublandlord and Master Landlord consent to any such alterations, improvements or installations, Subtenant shall perform and complete such alterations, improvements and installations at its expense, in compliance with applicable laws and the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consentMaster Lease. Minor Alterations, as used herein, shall be defined as If Subtenant performs any alterations, improvementsimprovements or installations without obtaining the prior written consent of both Master Landlord and Sublandlord, etc. made to the Premises Sublandlord (excluding the facade thereofor Master Landlord) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any may remove such alterations, additionsimprovements or installations, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions restore the Subleased Premises and repair any damage arising from such removal or restoration, and Subtenant shall be liable for all costs and expenses incurred in the performance of such removal, repairs or restoration. At the Master Landlord's option, all alterations, additions and improvements (except trade fixtures) shall be and remain the property of the Master Landlord upon installation and shall be surrendered to the Premises (or Master Landlord upon the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were madetermination of this Sublease, or (iiif the Master Landlord has so advised Subtenant at the time it consented to such alterations, additions or improvements) reimburse Landlord for the cost of removing such alterations or additions shall be removed by Subtenant and the Premises restored to their condition on the Commencement Date. If the Master Landlord requires such removal and restoration of and Subtenant fails to comply with such requirement, Sublandlord may undertake such removal and restoration and Subtenant shall be liable to Sublandlord for all costs and expenses incurred by the PremisesSublandlord in connection therewith.

Appears in 2 contracts

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

ALTERATIONS AND IMPROVEMENTS. 8.1. Tenant shall have will not, except as provided herein, without the right at any time throughout the term prior written consent of this Lease and any extensions hereofLandlord, to which consent will not be unreasonably withheld, conditioned, or delayed, make or cause to be mademade any alterations (“Alterations”) in or to the Premises or any Building systems serving the Premises except that Tenant may, without the requirement of Landlord’s prior approval make such minor alterations costing less than $100,000 in the aggregate (“Decorations”) to the Premises which do not require a building permit and which do not affect any alterationsBuilding systems serving the Premises. Prior to making any Alterations, additionsTenant will give Landlord 10 days’ prior written notice (or such earlier notice as would be necessary pursuant to applicable Law) to permit Landlord sufficient time to post appropriate notices of non-responsibility. Tenant will furnish Landlord with the names and addresses of all contractors and subcontractors and copies of all contracts. All Alterations will be completed at such time and in such manner as Landlord may from time to time reasonably designate, and only by contractors or improvementsmechanics approved by Landlord, which approval will not be unreasonably withheld, and whose work will not cause or install threaten to cause disharmony or cause interference with Landlord or other tenants in the Building and their respective agents and contractors performing work in or about the Building. Landlord may further condition its consent upon Tenant furnishing to be installed Landlord and Landlord approving prior to the commencement of any trade fixturework or delivery of materials to the Premises related to the Alterations such of the following as specified by Landlord: architectural plans and specifications, signsopinions from engineers reasonably acceptable to Landlord stating that the Alterations will not in any way adversely affect the Building’s systems, floor coveringincluding, interior without limitation, the mechanical, heating, plumbing, security, ventilating, air-conditioning, electrical, and the fire and life safety systems in the Building, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Landlord may, in the exercise of reasonable judgment, request that Tenant provide Landlord with appropriate and reasonable evidence of Tenant’s ability to complete and pay for the completion of the Alterations such as a performance bond or exterior painting letter of credit if Tenant’s own financial resources are reasonably deemed inadequate by Landlord. Upon completion of the Alterations, Tenant will deliver to Landlord a digitized set of plans and specifications for the Alterations. 8.2. Tenant will pay the cost of all Alterations and the cost of decorating the Premises and any work to the Building occasioned thereby. In connection with completion of any Alterations, other than Decorations, Tenant will pay Landlord a supervision fee and design review fee at Landlord’s then standard reasonable rates which will not exceed 3% of the cost of the Alterations. Upon completion of Alterations, Tenant will furnish Landlord with contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord or lightingits mortgagee. 8.3. Tenant agrees to complete all Alterations (i) in accordance with all Laws, plumbing fixturesall requirements of applicable insurance companies, shades or awnings, as Tenant may deem necessary or suitable and in accordance with Landlord’s prior written approvalstandard construction rules and regulations, which approval shall and (ii) in a good and workmanlike manner with the use of good grades of materials. Tenant will notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Alterations and will immediately take such steps as are necessary to remedy such violation. In no event will such supervision or right to supervise by Landlord nor will any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s intended use, or of compliance with the requirements of this Section 8.3 (i) and (ii) above, or impose any liability upon Landlord in connection with the performance of such work. 8.4. Landlord, at the time it gives its consent to the installation of an Alteration will have the right to elect that Tenant remove from the Premises at the expiration or sooner termination of the Term of this Lease any Alteration made to, or installed by Tenant in, the Premises or the Building, as determined by Landlord it its sole discretion. In the event Landlord does not require the removal of such Alteration at the time it gives its initial consent to such Alteration, Tenant will not be unreasonably withheld required to thereafter remove such Alteration at the Expiration Date or delayedearlier termination of this Lease. Upon Notwithstanding the expiration of foregoing at the Initial Term Expiration Date or earlier termination of this Lease, Tenant shall will remove its Decorations, personal property, equipment and trade fixtures from the Premises. 8.5. Tenant will not permit any lien or claim for lien of any mechanic, laborer or supplier or any other lien to be filed against the Building, the Land, the Premises, or any part thereof arising out of work performed, or alleged to have been performed by, or at the option to remove direction of, or on behalf of Tenant. If any such alterations, decorations, additions lien or improvements made by it, provided any damage to Premises resulting from such removal claim for lien is repaired. Also, upon the expiration of the Initial Term of this Leasefiled, Tenant will within 30 days (or 10 days, if requested by Landlord shall remove any signs and repair any damages necessary, to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without avoid interference in Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to consummating a transaction involving the Premises (excluding the facade thereofBuilding) which do not affect the structure of the buildings, their systems receiving notice of such lien or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: claim (i) remove any have such alterations lien or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, claim for lien released of record or (ii) deliver to Landlord a bond in form, content, amount, and issued by surety, reasonably satisfactory to Landlord, indemnifying, protecting, defending and holding harmless the Indemnitees against all costs and liabilities resulting from such lien or claim for lien and the foreclosure or attempted foreclosure thereof. If Tenant fails to take any of the above actions, Landlord, without investigating the validity of such lien or claim for lien, may pay or discharge the same and Tenant will, as Additional Rent, reimburse Landlord upon demand for the cost of removing such alterations or additions amount so paid by Landlord, including Landlord’s reasonable expenses and the restoration of the Premisesreasonable attorneys’ fees.

Appears in 2 contracts

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

ALTERATIONS AND IMPROVEMENTS. (a) Tenant shall have not make or perform, or permit the right making or performance of, any initial or subsequent tenant finish work or any alterations, installations, decorations, improvements, additions or other physical changes in or about the Leased Premises (referred to collectively as "Alterations") without Landlord's prior consent. Landlord agrees not to withhold its consent unreasonably to any nonstructural Alterations proposed to be made by Tenant to adapt the Leased Premises for Tenant's business purposes. Notwithstanding the foregoing provisions or Landlord's consent to any Alterations, all Alterations shall be made and performed in conformity with and subject to the following provisions: All Alterations shall be made and performed at Tenant's sole cost and expense and at such time and in such manner as Landlord may from time to time reasonably designate. Alterations shall be made only by contractors or mechanics approved by Landlord, such approval not to be unreasonably withheld. No Alteration shall affect any part of the Building other than the Leased Premises or adversely affect any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Building or reduce the value or utility of the Building. No alteration shall affect the outside appearance of the Building. Tenant shall submit to Landlord detailed plans and specifications (including layout, architectural, mechanical and structural drawings) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's written approval of such plans and specifications. Prior to the commencement of each proposed Alteration. Tenant shall furnish to Landlord duplicate original policies of worker's compensation insurance covering all persons to be employed in connection with such Alterations, including those to be employed by all contractors and subcontractors, and of comprehensive public liability insurance (including property damage coverage) in which Landlord, its agents, and any lessor under any ground or underlying lease, and any mortgagee of the Building shall be named as parties insured, which policies shall be issued by companies, and shall be in form and amounts, satisfactory to Landlord and shall be maintained by Tenant until the completion of such Alteration. If Landlord shall require to assure payment of all costs of such alterations, prior to commencement of any approved Alteration. Tenant shall cause to be issued and delivered to Landlord an irrevocable documentary letter of credit or payment bond in the full amount of the cost of the said approved Alterations issued by a substantial banking institution reasonably acceptable to Landlord payable in whole or in part, from time to time to the order of Landlord upon written demand accompanied by Landlord's certification that Tenant has defaulted with respect to the obligation secured thereby. The term of the letter of credit shall be from date of issuance through ninety (90) days after completion of construction of the approved Alterations. Tenant shall cause its contractor to provide Landlord with a certificate of completion of the Alterations and a bills paid affidavit and full lien waiver: and upon receipt of same, and no fewer than thirty-one (31) days following completion, if Tenant is not in default hereunder, Landlord shall return the letter of credit to Tenant unused and endorsed for cancellation. Tenant shall, if requested by Landlord at the time of Landlord's consent to the Alterations, agree to restore the Leased Premises at the termination of this Lease to their condition prior to making such Alterations. All permits, approvals and certificates required by all governmental authorities shall be timely obtained by Tenant and submitted to Landlord. Notwithstanding Landlord's approval of plans and specifications for any Alterations, all Alterations shall be made and performed in full compliance with all applicable laws, orders and regulations of Federal, State, County, and Municipal authorities and with all directions, pursuant to law, of all public officers, and with all applicable rules, orders, regulations and requirements of the Dallas Board of Fire Underwriters or any similar body. All alterations shall be made and performed in accordance with the Building rules. All materials and equipment to be incorporated in the Leased Premises as a result of all Alterations shall be new and first quality. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. If such Alterations are being performed by Tenant in connection with Tenant's initial occupancy of the Leased Premises, Tenant agrees to make proper application for, and obtain, a certificate of occupancy from the city in which the Leased Premises are located. Tenant shall furnish such certificate to Landlord promptly after issuance of same. (b) Tenant shall not at any time throughout prior to or during the term of this Lease and Lease, directly or indirectly employ or permit the employment of, any extensions hereofcontractor, to make mechanic, or laborer in the Leased Premises, whether in connection with any Alteration or otherwise, if such employment will interfere or cause any conflict with other contractors, mechanics, or laborers engaged in the construction, maintenance or operation of the Building by Landlord, Tenant, or other, in the event of any such interference or conflict, Tenant, upon demand of Landlord, shall cause all contractors, mechanics, or laborers causing such interference or conflict to leave the Building immediately. (c) All appurtenances, fixtures, improvements, and other property attached to or installed in the Leased Premises, whether by Landlord or Tenant or others, and whether at Landlord's expense or Tenant's expense, or the joint expense of Landlord and Tenant, shall be madeand remain the property of Landlord, except that any alterationssuch fixtures, improvements, additions, or improvements, or install or cause to be and other property which have been installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as at the sole expense of Tenant may deem necessary or suitable with Landlord’s prior written approval, and which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any are removable without material damage to the Leased Premises resulting from such removal is repairedshall be and remain the property of Tenant. Also, upon the expiration of the Initial Term of this Lease, At Landlord's option. Tenant if requested by Landlord shall remove any signs property belonging to Tenant at the end of the term hereof, and Tenant shall repair or, at Landlord's option, shall pay to Landlord the cost of repairing any damages to the Premises resulting damage arising from such removal. During the term, Tenant shall not make Any replacements of any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval property of Landlord, which approval shall not be unreasonably withheld whether made at Tenant's expense or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used hereinotherwise, shall be defined as any alterations, improvements, etc. made to and remain the Premises (excluding the facade thereof) which do not affect the structure property of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcLandlord., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.

Appears in 2 contracts

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

ALTERATIONS AND IMPROVEMENTS. 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

Sources: Industrial Lease Agreement (Elevance Renewable Sciences, 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 part of the Building other than the Leased Premises or adversely affect any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Building or reduce the value of the Building. No alteration shall affect the outside appearance of the Building. Tenant shall submit to Landlord detailed plans and specifications (including layout, architectural, mechanical and structural drawings) for each proposed Alteration and shall not commence any such Alteration without first obtaining Landlord's written approval of such plans and specifications. Prior to the commencement of each proposed Alteration, Tenant shall furnish to Landlord duplicate original policies of worker's compensation insurance covering all persons to be employed in connection with such Alterations, including those to be employed by all contractors and subcontractors and comprehensive public liability insurance (including property damage coverage) in which Landlord, its agents, and any lessor under any ground or underlying lease, and any mortgagee of the Building shall be named as parties insured, which policies shall be issued by companies, and shall be in form and amounts, satisfactory to Landlord and shall be maintained by Tenant until the completion of such Alteration. If Landlord shall require to assure payment of all costs of such alterations, prior to commencement of any approved Alteration, Tenant shall cause to be issued and delivered to Landlord an irrevocable documentary letter of credit or payment bond in the full amount of the cost of the said approved Alterations issued by a substantial banking institution reasonably acceptable to Landlord payable in whole or in part, from time to time to the order of Landlord upon written demand accompanied by Landlord's certification that Tenant has defaulted with respect to the obligation secured thereby. The term of the letter of credit shall be from date of issuance through ninety (90) days after completion of construction of the approved Alterations. Tenant shall cause its contractor to provide Landlord with a certificate of completion of the Alterations and a bills paid affidavit and full lien waiver; and upon receipt of same, and no fewer than thirty-one (31) days following completion if Tenant is not in default hereunder, Landlord shall return the letter of credit to Tenant unused and endorsed for cancellation. Tenant shall, if requested by Landlord at the time of Landlord's consent to the Alterations, agree to restore the Leased Premises at the termination of this Lease to their condition prior to making such Alterations. All permits, approvals and certificates required by all governmental authorities shall be timely obtained by Tenant and submitted to Landlord. Notwithstanding Landlord's approval of plans and specifications for any Alterations, all Alterations shall be made and performed in full compliance with applicable laws, orders and regulations of Federal, State, County, and Municipal authorities and with all directions, pursuant to law, of all public officers, and with all applicable rules, orders, regulations and requirements of the Dallas Board of Fire Underwriters or any similar body. All alterations shall be made and performed in accordance with the Building rules. All materials and equipment to be incorporated in the Leased Premises as a result of all Alterations shall be new and first quality. No such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement. If such Alterations are being performed by Tenant in connection with Tenant's initial occupancy of the Leased Premises, Tenant agrees to make proper application for, and obtain, a certificate of occupancy from the city in which the Leased Premises are located. Tenant shall furnish such certificate to Landlord promptly after issuance of same. (b) Tenant shall not at any time throughout prior to or during the term of this Lease and Lease, directly or indirectly employ or permit the employment of, any extensions hereofcontractor, to make mechanic, or laborer in the Leased Premises, whether in connection with any Alteration or otherwise, if such employment will interfere or cause any conflict with other contractors, mechanics, or laborers engaged in the construction, maintenance or operation of the Building by Landlord, Tenant, or other. In the event of any such interference or conflict. Tenant, upon demand of Landlord, shall cause all contractors, mechanics, or laborers causing such interference or conflict to leave the Building immediately. (c) All appurtenances, fixtures, improvements, and other property attached to or installed in the Leased Premises, whether by Landlord or Tenant or others, and whether at Landlord's expense or Tenant's expense, or the joint expense of Landlord and Tenant, shall be madeand remain the property of Landlord, except that any alterationssuch fixtures, improvements, additions, or improvements, or install or cause and other property which have been installed at the sole expense of Tenant and which are removable without material damage to the Leased Premises shall be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with and remain the property of Tenant. At Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease's option, Tenant shall have remove any property belonging to Tenant at the option end of the term hereof, and Tenant shall repair or, at Landlord's option, shall pay to remove such alterations, decorations, additions or improvements made by it, provided Landlord the cost of repairing any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting arising from such removal. During the term, Tenant shall not make Any replacements of any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval property of Landlord, which approval shall not be unreasonably withheld whether made at Tenant's expense or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used hereinotherwise, shall be defined as any alterations, improvements, etc. made to and remain the Premises (excluding the facade thereof) which do not affect the structure property of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcLandlord., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.

Appears in 1 contract

Sources: Commercial Lease Agreement (Monitronics International Inc)

ALTERATIONS AND IMPROVEMENTS. A. Except as hereinafter expressly provided, the Tenant shall not make or permit to be made any alterations, additions, changes or improvements to the Rented Property, or to any buildings or improvements standing upon the Rented Property, at any time, or to any part thereof, including the appurtenances thereto, without first obtaining the written consent of the Landlord, which Landlord agrees not to unreasonably withhold, provided the Tenant has fully complied with each and every one of the terms, conditions and covenants of this Agreement at the time such request for consent is made. However, the foregoing shall not be interpreted as prohibiting the Tenant from making ordinary and necessary repairs to preserve any building or improvements or appurtenances which may be located upon the Rented Property, provided the cost thereof is not in excess of Thirty Thousand Dollars ($30,000.00). B. Before the commencement of any construction on the Rented Property of any alterations, additions, changes or improvements, including the demolition and/or reconstruction of any building or improvements on the Rented Property, the Tenant shall comply with the following conditions: (1) The Tenant shall submit to the Landlord plans and specifications, in duplicate, of such proposed alterations, changes, additions, improvements or demolition and reconstruction, one (1) copy of which may be retained by the Landlord, and Landlord shall not unreasonably withhold his consent to any alteration, addition, change, improvement, demolition or reconstruction, provided they shall meet with the approval of any and all municipal, state, federal, or other authorities, offices and departments now existing or hereafter created, having jurisdiction in the premises, or any like body, and by the holder of any mortgage superior in lien to this Lease, and provided further that at the time such request is sought by the Tenant, such Tenant shall not be in default in the performance of any of the terms, conditions and agreements of this Lease. (2) At the time the aforesaid request is made by the Tenant, said Tenant shall submit to the Landlord a written statement as to the cost of the proposed alterations, changes, additions, improvements, demolition and reconstruction, as the case may be, and said statement of costs shall be certified as accurate by an architect selected by the Tenant, and approved by the Landlord, licensed in the state and county in which the Rented Property is located, who shall have the supervision of the construction of said improvements. (3) Before commencing any alterations, additions, changes, or improvements and as a further condition precedent thereto, the Tenant shall obtain at its own cost and expense, pay for and deposit with the Landlord, a premium paid policy for Comprehensive General Liability Insurance in a solvent insurance company satisfactory to the Landlord and authorized and licensed to do business in the state in which the Rented Property is located indemnifying and protecting the Landlord from any and all claims for damages to person or property or for loss of life or property arising out of such alterations, additions, changes or improvements and from and against the cost of defending any suit or action upon any such claim, such liability insurance to be in at least the sum of Five Hundred Thousand Dollars ($500,000,00) for property damage and not less than Five Million Dollars ($5,000,000.00) for bodily injury, personal injury or death in any one occurrence. The coverage must include, but not be limited to, coverage for all operations of Tenant, tenant’s contractors and subcontractors, including automobile coverage, contractual liability and completed operations liability. The Tenant, at its own expense, shall also procure and carry or cause to be procured, carried and paid for, adequate Workmen’s Compensation Insurance covering all workmen, employees, servants and others engaged in or upon such work and such other insurance as then may be required by law to be carried by the Landlord and/or the Tenant; and the Tenant shall also procure endorsements on existing policies whereby the insurance shall continue in full force and effect, notwithstanding the said alterations, additions, changes and improvements and during the course thereof. (4) Before commencing any alterations, additions, changes or improvements, as aforesaid, under the conditions precedent thereto, the Tenant shall obtain, at its own expense and cost, pay for and deposit with the Landlord, and if the Landlord shall so designate, with any mortgagee holding mortgages encumbering the fee of the Rented Property, a Payment and Performance Bond, which complies with the requirements of Florida Statutes §713.23, of a responsible surety company authorized to do business in the state in which the Rented Property is located acceptable to the Landlord and to such mortgagee, if any, in an amount of the costs of construction, as aforesaid, plus ten percent (10%) of such costs in addition thereto. C. Tenant agrees with Landlord that no buildings or improvements now on, or hereafter constructed on the Rented Property shall be removed or torn down, in whole or in part, until the Tenant has furnished the Landlord with the items specified in Subparagraph B above. D. After the commencement of construction, Tenant agrees to carry such construction through continuously and with due diligence to completion, in accordance with the plans and specifications and all requirements of governmental authority; provided, however, that the Tenant has the power to make minor variations and departures in and from the plans and specifications, provided there is no substantial decrease in the cost or square footage area of the said building, as determined by the attached plans and specifications. Tenant shall not be liable, however, for any delays in any construction due to interruption caused by strikes, walkouts, acts of God, riots, or acts of war. E. It is further understood and agreed by and between the parties that the Tenant will, upon completion of the work, exhibit unto the Landlord, at the Landlord’s demand, bona fide receipted bills and/or sworn to waivers of liens from all persons who shall have furnished work, labor, services and/or materials to the construction, including architects, utilities and insurance bills; and the Tenant shall exhibit unto the Landlord sworn waivers and/or receipted bills from all persons who were subcontractors or materialmen on the job and the affidavit and release of any general contractor who may have hired day labor or common labor, showing that all charges for said work, labor, services, and/or materials have been paid and that the lien or liens and claims which would otherwise have existed therefor shall have been released. The Tenant shall comply with and observe the laws of the state in which the Rented Property is located with respect to the payment of all contractors, subcontractors, materialmen and laborers, and shall withhold not less than ten percent (10%) of the cost of the work done or materials supplied from time to time as the work progresses until completion and final payment, as provided for by the Lien Law of the state in which the Rented Property is located. F. It is further understood and agreed by and between the parties that failure of the Tenant to comply with any of the terms hereof, including the preparation of the plans, the obtaining of a surety bond, the doing of the work, the paying therefore and the exhibiting of full and final waivers and releases shall constitute a default in this Lease with the same effect as though rent had matured on the day when the Tenant failed to comply with such portion of this Paragraph and as though such rent had not been paid on that day. The Landlord shall, or its agents shall, without liability or responsibility on their part, have the right to make inspections from time to time of the work done and of the bills tendered and/or paid and of the plans and bids in the Tenant’s possession or those in the possession of a lending institution, and to ascertain whether or not the work is progressing properly and whether payments are being made in accordance with and in proportion to the progress of the work. In the event that the work is not progressing properly or that payments are not being made in proportion to the work being done, the Landlord, at Landlord’s option, may demand that the additional cost of the construction, if the construction cost is in excess or is anticipated to be in excess of the original estimate, forthwith be deposited with the mortgagee or in the escrow fund, and such demand shall forthwith be complied with. G. Any and all alterations, additions, improvements, and changes made by the Tenant at any time throughout time, or repairs or alterations thereto, shall immediately be and become a part of the Rented Property herein, and upon the termination of this Lease, by default or by ordinary lapse of time, all of said improvements, alterations, buildings and additions shall become the property of the Landlord without the necessity of Landlord paying any compensation therefor. H. Tenant hereby represents and warrants to Landlord that all utilities presently serving the Rented Property, or which may hereafter be installed, for that purpose shall either be installed in publicly dedicated easements or perpetual unencumbered easements specifically running in favor of Landlord and the Rented Property. I. All improvements presently on the Rented Property and all improvements hereafter constructed on the Rented Property by Tenant are and shall be the property of Tenant during the continuance of 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 delayedno longer. Upon At all times during the expiration of the Initial Term term of this Lease, the improvements which are owned by Tenant shall have the option not be conveyed, transferred or assigned, unless such conveyance, transfer or assignment shall be to remove such alterationsa person, decorations, additions corporation or improvements made by it, provided any damage other entity to Premises resulting from such removal whom this Lease is repaired. Also, upon the expiration of the Initial Term being transferred or assigned simultaneously therewith in compliance with applicable provisions of this Lease. At all times, the holder of the leasehold interest of Tenant if requested by Landlord under this Lease shall remove any signs and repair any damages to be the Premises resulting from such removalowner of said improvements. During Any attempted conveyance, transfer or assignment of the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes whether voluntarily or by operation of law or otherwise, to any person, corporation 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 hereinentity, shall be defined void and of no effect whatever, unless such conveyance, transfer or assignment shall be to a person, corporation or other entity to whom this Lease is being transferred or assigned simultaneously therewith in compliance with applicable provisions of this Lease. Similarly, so long as any alterations, the improvements, etc. made to or any part thereof, shall remain on the Premises (excluding the facade thereof) which do not affect the structure Rented Property, any attempt at transfer or assignment of the buildingsLeasehold interest or Tenant under this Lease shall be void and of no effect whatever, their systems unless such transfer or equipmentassignment shall be to a person, corporation, or other entity to whom the improvements are being conveyed, transferred, or assigned simultaneously therewith. If Landlord approves Upon 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 whether by reason of the normal expiration of the term hereof, or by reason of any such alterations other provision of this Lease or additions cause whatsoever, if the improvements, or any part thereof, shall then be on the Rented Property, all of Tenant’s right, title and repair interest therein, or any damage entity or person acquiring title thereto through Tenant, shall cease and terminate and title to the Premises (improvement shall vest in Landlord. No further deed or instrument shall be necessary to confirm the buildings vesting in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior Landlord of title to the time when improvements. Upon any such alterations termination or additions were madeexpiration of this Lease, however, Tenant shall, upon request of Landlord, execute, acknowledge and deliver to Landlord an instrument confirming that all of Tenant’s right, title and interest in or (ii) reimburse Landlord for to the cost of removing such alterations or additions improvements has expired and that title to the restoration of the Premisesimprovements has vested in Landlord.

Appears in 1 contract

Sources: Lease (Palace Entertainment Holdings, Inc.)

ALTERATIONS AND IMPROVEMENTS. Tenant Other than the Initial Improvements, Sublandlord shall have the right at any time throughout the term of this Lease and any extensions hereof, no obligation to make any alterations or cause improvements to be made, the Subleased Premises for Subtenant’s use or occupancy thereof. Notwithstanding any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration provisions of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages 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 the Master Landlord, in accordance with the consent requirements of the Master Lease, and the Sublandlord, which approval consent shall not be unreasonably withheld withheld, conditioned, or delayed. Notwithstanding 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. All approved 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. If Master Landlord requires any removal and restoration of alterations and improvements, Sublandlord shall undertake such removal and restoration and Subtenant shall be liable to Sublandlord for all costs and expenses incurred by Sublandlord in connection therewith, but only to the Premises (or the buildings in which the Premises are located) occasioned extent attributable to alterations and improvements made 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 Subtenant after taking possession of the Subleased Premises.

Appears in 1 contract

Sources: Sublease Agreement (Smart Online Inc)

ALTERATIONS AND IMPROVEMENTS. a. No alterations, additions or improvements shall be made, and no climate regulating, air conditioning, cooling, heating or sprinkler systems, television or radio antennas, heavy equipment, carpeting, apparatus, fixtures and trade fixtures, shall be installed in or attached to the Leased Premises, without the prior written consent of the Landlord, which shall not be unreasonably withheld, delayed or conditioned. Despite the foregoing, Tenant can elect to install window treatments or coverings consistent with the building standards without seeking Landlord's consent. All such alterations and improvements, if permitted by Landlord, shall be made at the Tenant's sole cost and expense. b. All alterations, additions, improvements, systems, antennas, heavy equipment, carpeting, apparatus, fixtures and trade fixtures, when made, installed in or attached to the Leased Premises, shall belong to and become the property of the Landlord and shall be surrendered with the Leased Premises as a part thereof upon the expiration or sooner termination of this Lease, without hindrance, molestation or injury. Provided, however, that at the Landlord's option (unless Tenant secured Landlord's waiver of this election in connection with securing Landlord's consent to such improvements), at the expiration or earlier termination of this Lease (other than in connection with Casualty or Condemnation), Tenant must remove such improvements and/or alterations made by Tenant as Landlord may direct, and restore the Leased Premises to their condition at the inception of Tenant's occupancy thereof, and repair any damage caused by the removal of such improvements and/or alterations. In addition, Tenant shall be responsible for capping all plumbing, gas, electrical, and/or other utility connections behind the wall, where such connections serviced improvements or alterations which have the right been removed. c. All alterations, additions, improvements, equipment and fixtures which Tenant makes or installs, at any time throughout prior to or 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 be made or installed in a good and workmanlike manner, and in accordance with all applicable federal, state and municipal laws and regulations, and in accordance with all regulations promulgated by governmental agencies having jurisdiction, and further in accordance with prevailing safety standards in the option to remove such alterationsindustry. In addition, decorations, additions or improvements made by it, provided any damage to Premises resulting from such the 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 equipment or other material changes to fixtures at the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld expiration or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon earlier termination of this Lease, either: (i) remove as permitted or required by the terms hereof, shall be done in a good and workmanlike manner, and in accordance with all of the aforementioned laws and regulations. d. In the event that the making of any such alterations alterations, additions or additions and repair any damage improvements by Tenant to the Premises (Leased Premises, or the buildings installation of any equipment or fixtures by Tenant in which the Premises are located) occasioned Leased Premises, results in an increase in the insurance premiums payable 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 Property, or additions and the restoration results in an increased assessment of the PremisesProperty for real estate tax purposes, then at the Landlord's option, Tenant shall pay the increment in such insurance premiums or real property taxes as additional rent.

Appears in 1 contract

Sources: Lease Agreement (Geoworks /Ca/)

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 Landlord’s Sublessor'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 Landlord’s Sublessor'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 Landlord’s Sublessor'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 1 contract

Sources: Sublease Agreement (Fidelity National Title Group, Inc.)

ALTERATIONS AND IMPROVEMENTS. 12.1. Tenant shall have make no alterations, changes, or improvements in or to the right at Leased Premises without the prior written consent of the Landlord. Tenant shall be responsible for the total cost and expense of all alterations, changes and improvements made by or on behalf of the Tenant. Any such alterations, changes or improvements shall not interfere with the mechanical, electrical, air conditioning and plumbing systems and fixtures, serving any time throughout portions of the term Leased Premises or Building. At least thirty (30) days prior to making any alteration, change or improvements, Tenant shall supply to Landlord a detailed drawing and specifications of this Lease and any extensions hereofthe alteration, to make change or cause improvement to be made. Tenant shall, any at its sole cost and expense, obtain all required permits, approvals, and certificates required by all Governmental authorities in regard to such alterations, additions, changes or improvements. Tenant shall deliver to Landlord promptly upon its receipt duplicates of all such approvals. Tenant shall carry and will cause Tenant's contractors and subcontractors to carry such ▇▇▇▇▇▇▇'▇ compensation, general liability, personal and property damage insurance as required by law and in amounts no less than may be reasonably required by Landlord. Tenant agrees to do such work in such manner as not to interfere with or install impair the use of other portions of the Parcel by Landlord and other Tenants of the Parcel, and if necessary to prevent such interference or cause impairment, to do work after business hours even though more expense may be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant incurred thereby. Contractors and subcontractors doing Tenant's work may deem necessary or suitable with be of Tenant's choice but subject to Landlord’s 's prior written approval, which approval shall Landlord agrees not be to unreasonably withheld withhold or delayeddelay. 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 will inform 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 noticeof the names of such contractors and subcontractors at least one week prior to the commencement of such work. 12.2. All alterations, of whether Tenant changes and improvements shall, upon termination installation, become the property of this Lease, either: (i) remove any such alterations Landlord and shall remain upon and be surrendered with the Leased Premises. All property permitted or additions and repair any damage required to 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 end of the PremisesTerm remaining on the Leased Premises after the termination date shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed from the Leased Premises by Landlord at Tenant's expense.

Appears in 1 contract

Sources: Lease Agreement (Fastnet 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 absolutely 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 make any ------------------------------- alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repairedor in the Building outside the Premises. 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 termFurthermore, Tenant shall not make any alterations, no alterations or improvements (including additions, improvements, non-cosmetic changes ) to or other material changes to in the Premises without the prior written approval of Landlord, which unless in each instance and for each such alteration or improvement, Landlord or a contractor approved by Landlord is hired to do such alterations or improvements. Such approval shall not be unreasonably withheld in the case of alterations or delayedimprovements to the interior of the Premises if such alterations or improvements are normal for the use described in Item 1 (d) of this Lease, do not adversely affect utility of the Premises for future Tenants, do not alter the exterior of the Building, and are accompanied by insurance satisfactory to Landlord and by prepayment or bond provisions or waivers by the contractor in form satisfactory to Landlord sufficient to protect the Building from claims of lien of any sort; otherwise, such approval may be withheld for any reason whatsoever. Notwithstanding Furthermore, such alterations or improvements absolutely shall not affect the foregoingmechanical, plumbing, electrical and HVAC systems in the Premises or the Building and shall not be of a structural nature. Tenant shall be permitted conduct its work in such a manner as to make Minor Alterations (maintain harmonious labor relations and as defined below) without not to interfere with the operation of the Building and shall, prior to the commencement of the work, submit to Landlord copies of all necessary permits. Landlord reserves the right to have final approval of the contractors hired by Tenant. All such contractors hired by Tenant shall be, at levels and coverage's prescribed by Landlord’s , licensed, bonded and insured, and Landlord may require evidence of same, which Tenant agrees to secure and provide Landlord prior written consentto the commencement of any work by such contractors. Minor AlterationsAll alterations or improvements, as used hereinwhether temporary or permanent in character, made in or upon the Premises, either by Landlord or Tenant, shall be defined as any alterations, improvements, etc. made to Landlord's property and at the end of the term hereof shall remain in or upon the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipmentwithout compensation to Tenant. If Landlord approves any alterations, additions, improvements, etc.however, Landlord shall notify Tenant, request in writing, along with Landlord’s approval noticeTenant will, of whether Tenant shall, upon prior to expiration or earlier termination of this Lease, either: (i) remove any and all alterations, and improvements placed or installed by Tenant in the Premises, and will repair any damage caused by such removal. All of Tenant's furniture, movable trade fixtures and equipment not attached to the Building may be removed by Tenant at the expiration of this Lease, if Tenant so elects, and shall be so removed, if required by Landlord, and, if not so removed, shall, at the option of Landlord, become the property of Landlord. To the extent Tenant makes any alterations or improvements and/or to the extent Landlord on behalf of Tenant under an "Extra Work Agreement" makes such alterations or additions improvements, and repair any damage to the Premises (as a result thereof it can be determined that thereupon was caused an increase in real estate taxes or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were madeinsurance premiums, or (ii) reimburse then Tenant shall be responsible for reimbursing Landlord for the cost of removing such alterations or additions and the restoration of the Premisesincreases as Landlord may pay.

Appears in 1 contract

Sources: Lease Agreement (Anything Internet Corp)

ALTERATIONS AND IMPROVEMENTS. (a) Tenant shall have make no alterations, additions or improvements ("Alterations") to the right Premises without first obtaining the Landlord's written consent, which consent shall not be unreasonably withheld. All alterations or other fixtures, whether temporary or permanent in character (except only the movable office furniture and equipment of the Tenant), made in or upon the Premises, either by Tenant or Landlord, shall be Landlord's property and shall remain upon the Premises at the termination of the Term by lapse of time or otherwise, without compensation to Tenant. At the option of Landlord, all or any time throughout part of such Alterations may be required by Landlord to be removed from the term Premises at the expiration of the Term or other termination of this Lease at Tenant's expense and, at Tenant's expense, the Premises shall be restored to their original condition existing prior to the installation of the alterations by Tenant, ordinary wear and any extensions hereof, to make tear excepted. (b) Tenant shall pay or cause to be madepaid all costs for work done by Tenant or caused to be done by Tenant on the Premises of a character which will or may result in liens on Landlord's interest therein and Tenant will keep the Premises free and clear of all mechanic's liens and other liens on account of work done for Tenant or persons claiming under it. Tenant hereby agrees to indemnify, defend and save Landlord harmless of and from all liability, loss, damage, costs or expenses, including reasonable attorneys' fees, incurred on account of any alterations, additionsclaims of any nature whatsoever for work performed for, or improvementsmaterials or supplies furnished to Tenant, including lien claims of laborers, materialmen or install others. Should any such liens be filed or cause recorded against the Premises with respect to work done or for materials supplied to or on behalf of Tenant or any action affecting the title thereto 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 Leasecommenced, Tenant shall have the option cause such liens to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting be removed of record within five (5) days after notice from such removal is repairedLandlord. 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, If Tenant shall be permitted in default in paying any charge for which a mechanic's lien or suit thereon has been filed and shall not have caused such lien or suit to make Minor Alterations be discharged, Landlord may (as defined belowbut without being required to do so) without Landlord’s prior written consent. Minor Alterationspay such lien or claim any costs, as used hereinand the amount so paid, together with reasonable attorneys' fees incurred in connection therewith, shall be defined as any alterations, improvements, etc. made immediately due from Tenant 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, etcLandlord., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.

Appears in 1 contract

Sources: Lease Agreement (Fieldworks Inc)

ALTERATIONS AND IMPROVEMENTS. Tenant, at Tenant's expense, shall have the right following Landlord's written consent to remodel, redecorate, and make additions, improvements and replacements of and to all or any part of the Leased Premises from time to time as Tenant may deem desirable, provided that all necessary building permits are obtained, and that such improvements are made in a workmanlike manner and utilizing good quality materials. Subject to Tenant shall also have the right to place and install personal property, trade fixtures, equipment and other temporary installations in and upon the Leased Premises, and fasten the same to the Leased Premises. All personal property, equipment, machinery, trade fixtures and temporary installations , whether acquired by Tenant at the commencement of the Lease term or placed or installed on the Leased Premises by Tenant thereafter, shall remain Tenant's property free and clear of any claim by Landlord. Tenant shall have the right to remove the same at any time throughout during the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any that all damage to the Leased Premises resulting from caused by such removal is repairedshall be repaired by Tenant at Tenant's expense. AlsoIn addition, upon the expiration or earlier termination of the Initial Term Lease, Tenant improvements, alterations or replacements made by Tenant, and restore the Leased Premises to its original condition. building-standard finishes throughout, shall construct and deliver the Leased Premises according to the floorplan depicted in Exhibit A-1, to include : - VCT tile floor or polished concrete floors in the breakroom, restrooms, and hallways. - Carpeted floors in the offices, conference room and training room. - New paint throughout. - Drop ceiling throughout Landlord will demise the Leased Premises from areas used by it or any other tenants at its sole expense. Substantial Completion shall occur on the date Landlord provides Tenant written notice that all of the Tenant Improvements have been substantially completed, with the exception of any agreed upon punch list items, to be completed by Landlord within a reasonable period of time thereafter, and the Leased Premises have been delivered to Tenant. In addition to the construction of the Tenant Improvements, Landlord agrees to provide Tenant an allowance in the amount of $10,000 to be used by Tenant for the construction of an accordion wall in the conference room, as noted in the revised Exhibit A- payment of the Allowance, Landlord shall have no responsibility with respect to the accordion wall, and Tenant shall be solely responsible for all aspects thereof, including, without limitation, its installation and maintenance, and its removal upon the expiration or earlier termination of the Lease, together with the payment of all other costs related thereto. The Allowance shall be paid to Tenant on the commencement date of this Lease, Tenant . signage on any existing building directory if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along at Tenant expense. prior written approval as to both the type and design, and the exact sizes and locations thereof shall be determined by Landlord. All costs of design, fabricat written demand. Tenant shall also repairs of the Tenant signage, and Tenant shall remove the same, and replace the monument panel with Landlord’s approval notice, of whether Tenant shalla blank panel, upon the expiration or earlier termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.

Appears in 1 contract

Sources: Commercial Lease Agreement

ALTERATIONS AND IMPROVEMENTS. A. Upon completion of the Tenant Improvements in accordance with Paragraph 2 and Exhibit "C" hereof, Landlord shall have the right at any time throughout the term of this Lease and any extensions hereof, no further obligation to make any alterations or cause improvements to be made, the Leased Premises except as provided in Paragraph 12C hereof. B. Tenant further covenants that it will at no time or times make any other alterations, additions, or improvements, or install material changes of any kind to the Leased Premises or cause the Building (collectively, "Alterations") over the amount of $10,000 per occurrence without first submitting the plans thereof to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s Landlord and securing the prior written approvalconsent of the Landlord. As a precondition to receiving such Landlord's consent: (i) Tenant must demonstrate to Landlord's satisfaction, which approval in Landlord's sole determination, that the Tenant has the financial ability to pay for any such Alteration(s); and (ii) the contractor or contractors performing the Alteration(s) must acknowledge in writing to Landlord in form and substance satisfactory to Landlord that it or they are relying solely upon Tenant's ability to pay and are not looking to Landlord or to its equity in the Real Property as a source of payment. Tenant acknowledges that the preconditions set forth in subparagraphs (i) and (ii) above are material inducements to Landlord's consent and shall be relied upon by Landlord in providing consent should Landlord, in its sole discretion, elect to provide such consent. C. Tenant shall not install any equipment of any kind or nature whatsoever which would or might necessitate any changes, replacements or additions to any of the heating, ventilating, air conditioning, electric, sanitary, or other systems serving the Leased Premises or any other portion of the Building, without the prior written consent of the Landlord. In the event that such consent is granted, all such replacements, changes or additions shall be unreasonably withheld or delayedpaid for by Tenant. Upon At the expiration or earlier termination of the Initial Term of this LeaseTerm, Tenant shall have pay to Landlord Landlord's cost of restoring such systems to their condition prior to such replacements, changes or additions, normal wear and tear excepted. D. All improvements, alterations, replacements, and building service equipment made or installed by or on behalf of Tenant and permanently affixed to the option Building shall immediately upon completion or installment thereof be and become the property of Landlord without payment therefor by Landlord or, at Landlord's option, after written notice to Tenant, any or all of the foregoing, except for the Tenant Improvements, may be designated by Landlord as items which shall be removed by Tenant at its sole cost and expense upon the expiration or sooner termination of its Lease and in such event Tenant shall also repair all damage to the Leased Premises caused by such installation or removal. All machinery, equipment (other than HVAC and other building service equipment), trade fixtures, movable partitions, furniture and furnishings installed by Tenant or maintained on the Leased Premises, shall remain the property of Tenant, and Tenant shall be entitled to remove such alterations, decorations, additions the same or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, part thereof upon the expiration of the Initial Term of this LeaseTerm, but Tenant if requested by Landlord shall remove any signs and shall, at its expense, repair any damages and all damage to the Leased Premises resulting from or caused by such removal. During Landlord has the term, Tenant shall not make right to remove any alterations, additions, improvements, non-cosmetic changes of Tenant's property remaining in the Leased Premises after ten (10) days following any termination at Tenant's expense and at Landlord's option to treat the same as Landlord's own or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayedstore same at Tenant's expense. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify TenantTenant in advance, if Tenant has previously provided Landlord with written notice outlining improvements, in writing, along with Landlord’s approval notice, writing if any alterations or improvements shall be required to be removed upon termination. The provisions of whether Tenant shall, upon this Paragraph 12 shall survive the expiration or sooner termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.

Appears in 1 contract

Sources: Lease Agreement (Innotrac Corp)

ALTERATIONS AND IMPROVEMENTS. Tenant 6.01 Lessee shall have the right at not make any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, alterations or improvements, improvements in or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlordthe Lease Premises (“Alterations”) without Lessor’s prior written approvalconsent, which approval consent shall not be unreasonably withheld withheld, conditioned, or delayed. Lessee shall not permit or allow any lien to be filed or recorded against the Leased Premises or Lessor’s interest therein, and Lessee shall fully cooperate with Lessor in obtaining the protection afforded Lessor under Section 38-22-105(2), C.R.S., as amended to date. All Alterations made in or to the Leased Premises by Lessee shall immediately become part of the Leased Premises and be surrendered with the Leased Premises at the termination of this Lease. Upon the expiration of the Initial Term Lease, the Lessee shall not be required to remove any of the initial Fit-out work or any improvements existing at the time of delivery of the Premises to Lessee, regardless of who performed or paid for such work. Notwithstanding the foregoing, any generators and/or chill-packs installed by Lessee shall be considered personal property, and Lessee shall have the option, at Lessee’s sole election, to remove such generator(s) and/or chill-pack(s) or leave said installations on the Premises upon Lease expiration. 6.02 All equipment, fixtures and improvements of a detachable or temporary nature installed or placed upon the Leased Premises by Lessee, including trade fixtures, shall remain the property of Lessee, subject to Lessee’s right, at its option, to remove same not later than ten (10) days after termination of this Lease. Lessee, Tenant at its expense, shall have the option to remove such alterations, decorations, additions or improvements made by it, provided promptly repair any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the termThe failure of lessee to remove its equipment, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions fixtures and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.detachable improvements within ten

Appears in 1 contract

Sources: Lease Agreement

ALTERATIONS AND IMPROVEMENTS. Tenant shall have not, without prior written consent of the right at any time throughout the term of this Lease and any extensions hereofLandlord, to make or cause to be made, any alterations, additionsadditions or improvements to the Leased Premises which (a) require structural changes, (b) lessen the value of the Leased Premises, (c) require penetration of the roof, (d) require modification of the exterior of the building, or improvements(e) require modification of utility services, plumbing, electrical or install heating systems or cause lines. If Landlord’s consent is requested, Landlord will respond within twenty (20) days after the receipt by Landlord of Tenant’s written request. If Landlord does not respond within such twenty (20) day period, Tenant may give a second request to Landlord which shall inform Landlord that a failure to respond within seven (7) days shall be deemed to be installed any trade fixturean approval of the request, signsand if Landlord does not respond within seven (7) days following Landlord’s receipt of the second request, floor covering, interior or exterior painting or lighting, plumbing the request shall be deemed to be approved. All fixtures, shades or awningspaneling, as partitions and other items installed by the Tenant, except those replacements required to be made by Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon under the expiration of the Initial Term terms of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted removed by the Tenant at the Tenant’s own expense prior to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove unless Landlord elects in writing to have said improvements remain in the Premises, in which case said improvements then become the property of the Landlord. Nothing in this Article shall be construed to prevent Tenant’s removal of trade fixtures. Upon removal of any such alterations trade fixtures from Premises or additions upon removal of other installations as may be required by the Landlord, Tenant shall immediately and at its own expense, repair and restore the Premises to the condition existing prior to installation and repair any damage to the Leased Premises (due to such removal, reasonable wear and tear excepted. All property permitted or required to be removed by Tenant at the buildings end of the Lease Term, which remains in which the Premises are located) occasioned by their installation after Tenant’s removal shall be deemed abandoned and may at the election of the Landlord, either be retained as Landlord’s property or removal and restore may be removed from the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse by Landlord for the cost of removing such alterations or additions and the restoration of the Premisesat Tenant’s expense.

Appears in 1 contract

Sources: Lease Agreement (Sielox Inc)

ALTERATIONS AND IMPROVEMENTS. 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 ▇▇▇▇▇▇’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

Sources: Office Lease

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 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; provided, however, that Tenant may make such minor alterations, improvements or additions to the Demised Premises such as hanging pictures or installing door hooks. All alterations, improvements, additions or fixtures, whether installed, made or placed before or after the execution of this Lease, shall have remain upon the right Demised Premises at any time throughout the term expiration or earlier termination of this Lease and any extensions hereofbecome the property of Landlord unless Landlord shall, at the time Landlord approves such alterations give written notice to make or cause Tenant to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon remove the same at the expiration of the Initial Term of this LeaseLease term, in which event Tenant shall have remove the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon same at the expiration of the Initial Term of Lease term and restore the Demised Premises to the same good order and condition in which it now is; provided, however, trade fixtures may be removed if there is no existing default under this Lease. b. Tenant will not lay any linoleum, oil cloth, rubber or other air- tight covering upon the floors of the Demised Premises, nor fasten articles to or drill holes or drive nails or screws into the walls or partitions of the Demised Premises; nor will Tenant if requested paint, paper or otherwise cover or in any way ▇▇▇▇, deface or break said walls or partitions; nor make any attachment to the electric lighting wires of the Demised Premises or building of which the Demised Premises is a part for storing electricity, running electric fans or motors or other purposes; nor will Tenant use any method of heating other than that provided by Landlord shall remove any signs and repair any damages to the Premises resulting from provided that Tenant may make such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes and/or repairs 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 extent that such alterations, additions, improvements, etc.and/or repairs do not exceed $500.00 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. 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.

Appears in 1 contract

Sources: Lease Agreement (Endo Pharmaceuticals Holdings Inc)

ALTERATIONS AND IMPROVEMENTS. Tenant (a) Lessee shall have the right at any time throughout the term of this Lease and any extensions hereof, to not make or cause to be made, made any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Improved Leased Premises without the prior written approval consent of LandlordLessor (Lessor acknowledges it has reviewed and approved Lessee’s plans and specifications in connection with its contemplated improvements). All alterations, which approval shall not be unreasonably withheld additions or delayed. Notwithstanding the foregoing, Tenant improvements approved by Lessor shall be permitted to make Minor Alterations (as defined belowmade solely at Lessee’s expense by a contractor(s) without Landlord’s prior written consent. Minor Alterations, as used hereinapproved by Lessor, shall be defined made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 5, and any fixtures installed as any alterationsa part thereof, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, at Lessor’s option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee’s cost upon such termination of this Lease, either: (i) and Lessee shall promptly remove any such alterations or additions the same and repair any damage to the Improved Leased Premises caused by such removal. Notwithstanding the preceding, Lessee shall not be obligated to remove any vault(s) installed in the Improved Leased Premises. (b) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the buildings interest from such claim or in which any manner satisfactory to Lessor and any mortgagee. If Lessee desires to contest the Premises are located) occasioned by their installation validity of any lien or removal and restore the Premises to substantially the same condition as existed claim, Lessee may do so upon Lessor's prior to the time when any such alterations or additions were madewritten consent, or (ii) reimburse Landlord for provided Lessee sustains the cost of removing such alterations contest, and Lessee remains liable to pay or additions discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and the restoration holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of the Premisessuch contest, unless such contest arises from any negligent or intentional act or omission of Lessor.

Appears in 1 contract

Sources: Commercial Lease Agreement (Embassy Bancorp, Inc.)

ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right A. Lessee may, at any time throughout the term of this Lease its sole cost and any extensions hereofexpense, to make or cause to be made, any additional alterations, additions, or improvementsimprovements to the interior of the Premises, which is the subject of this Lease (hereinafter called “Alterations and Improvements”), provided that such Alterations and Improvements shall not adversely or otherwise affect the roof and Structural portions of the Premises or the building of which the Premises is a part in the case of multi-tenant properties, or install or cause any Systems contained therein. THE ABOVE NOTWITHSTANDING, LESSEE SHALL NOT, UNDER ANY CIRCUMSTANCES MAKE ANY HOLES IN OR PENETRATIONS OF THE ROOF OF THE BUILDING WITHOUT THE PRIOR WRITTEN CONSENT OF LESSOR, WHICH MAY BE WITHHELD, DELAYED OR REFUSED FOR ANY REASON OR NO REASON WHATSOEVER. B. All such Alterations and Improvements shall be in accordance with detailed plans and specifications to be installed any trade fixturesupplied by Lessee to Lessor, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlordwhich plans shall in all instances first be subject to Lessor’s prior written approvalapproval (“Lessor’s Approval”), which approval Lessor’s Approval shall not be unreasonably withheld or delayedwithheld. Upon In the expiration event that Lessor grants approval for the construction of such Interior Improvements, Lessor shall also advise Lessee, if Lessor will allow such Interior Improvements to remain upon the Premises as of the Initial Term of this Lease, Tenant Lease Termination Date. If Lessor shall have the option determine that such Interior Improvements are to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, remain upon the expiration Premises, as of the Initial Term of this LeaseLease Termination Date, 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 Lessee shall be permitted required 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 restore them 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 upon the initial completion of the construction of such Interior Improvements and to the specifications initially approved by the Lessor. In the event that Lessor shall not confirm in writing to Lessee that such Interior Improvements shall remain upon the Premises, it shall be deemed to be a requirement that such Interior Improvements be removed from the Premises prior to the time when Lease Termination Date specified in Subparagraph D hereinbelow. Lessee shall provide Lessor with evidence that each contractor performing work on the Premises has adequate workmen’s compensation insurance, Commercial General Liability insurance, and Vehicular Liability insurance (written on an occurrence basis) in the amount of at least One Million Dollars ($1,000,000.00) per occurrence and at least Two Million Dollars ($2,000,000.00) aggregate as to the Premises for bodily injury, including death, personal injury and property damage, in the form of a certificate from an insurer, who shall be reasonably satisfactory to Lessor, to the effect that such insurance may not be canceled or substantially modified without at least thirty (30) days’ prior written notice, certified mail, return receipt requested, to M▇▇▇ ▇▇▇▇▇▇, personally, as authorized representative of Lessor. Said insurance policies shall be with an insurance company having a Best Rating of A and shall name Lessor, M▇▇▇▇▇▇▇▇▇ County Industrial Development Authority, any such alterations or additions were mademortgagee of record and other appropriate parties designated by Lessor as additional named insureds. Lessor’s Approval is intended solely for purposes of this Paragraph 24, or (ii) reimburse Landlord for the cost purpose of removing such alterations or additions providing Lessor with notice of all Alterations and Improvements, and the restoration opportunity to reject any adverse effect on the Premises and Lessor’s obligations under this Lease. Lessor’s Approval shall not signify approval by Lessor of the Premisesdesign or functionality of any Alterations and Improvements and shall not confer any rights whatsoever on third parties.

Appears in 1 contract

Sources: Lease Agreement (American Bank Note Holographics Inc)

ALTERATIONS AND IMPROVEMENTS. Tenant shall have make no alterations to the right at any time throughout the term of this Lease and any extensions hereofLeased Premises, to make or cause to be made, any alterations, additionsBuilding, 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 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, Building 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, Building, 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 locks, as used hereinTenant shall provide Landlord with a key for each lock. Upon expiration or termination of this Lease, Tenant shall be defined as any alterationsprovide Landlord with all keys. Landlord may charge Tenant for unreturned keys. Landlord shall provide reasonable accommodations to Tenant’s disabilities (if any), improvementsincluding making changes to rules, etcpolicies, or procedures, and making and paying for structural alterations to a unit or common areas 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. made Landlord may, however, permit Tenant to make alterations to the Leased Premises to accommodate Tenant’s disabilities (excluding other than alterations required of Landlord). Landlord may require that Tenant restore the facade thereof) which do not affect the structure interior of the buildings, Leased Premises to 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, pre-Lease condition upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.

Appears in 1 contract

Sources: Lease Agreement

ALTERATIONS AND IMPROVEMENTS. Except for minor, decorative alterations which do not affect the Building structure or systems, are not visible from outside the Premises and do not cost in excess of $25,000.00 in the aggregate, Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to not make or cause allow to be made, made any alterations, physical additions or improvements in or to the Premises without first obtaining in writing Landlord’s written consent for such alterations or additions, which consent may be granted or improvementswithheld in the sole, unfettered discretion of Landlord (if the alterations will affect the Building structure or install systems or cause to will be installed any trade fixturevisible from outside the Premises), signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, but which approval consent shall not be unreasonably withheld (if the alterations will not affect the Building structure or delayedsystems and will not be visible from outside the Premises). Upon Landlord’s request, Tenant will furnish Landlord plans and specifications for any proposed alterations, additions or improvements and shall reimburse Landlord for its reasonable cost to review such plans. Tenant shall bear responsibility for compliance with all applicable laws, ordinances, the expiration CC&R’s and governmental approvals, for obtaining the approval of the Initial Term association or architectural committee governing the Building, and for complying with any other requirements of this LeaseMission Industrial Park, the City of Fremont or the County of Alameda (the compliance with which, including the procurement of all necessary permits and licenses, is Tenant’s responsibility). Any alterations, physical additions or improvements shall at once become the property of Landlord; provided, however, Landlord, at its option, may require Tenant shall have the option to remove any alterations, additions or improvements in order to restore the Premises to the condition existing on the Commencement Date. All costs of any such alterations, decorationsadditions or improvements shall be borne by Tenant. All alterations, additions or improvements must be made in a good, first-class, workmanlike manner and, if the Building is multi-tenanted in the future, in a manner that does not disturb other tenants (i.e., any loud work must be performed during non-business hours) and Tenant must maintain appropriate liability and builder’s risk insurance throughout the construction. Tenant does hereby indemnify and hold Landlord harmless from and against all claims for damages or death of persons or damage or destruction of property arising out of the performance of any such alterations, additions or improvements made by itor on behalf of Tenant. Under no circumstances shall Landlord be required to pay, provided any damage to Premises resulting from such removal is repaired. Also, upon during the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from ad valorem or Property tax on such removal. During the termalterations, additions or improvements, Tenant shall not make hereby covenanting to pay all such taxes when they become due. In the event any alterations, additions, improvements, non-cosmetic changes improvements or repairs are to be performed by contractors or workmen other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without than Landlord’s prior written consent. Minor Alterationscontractors or workmen, as used herein, shall any such contractors or workmen must first be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenantapproved, in writing, along with by Landlord’s approval notice, . Landlord agrees to assign to Tenant any rights it may have against the contractor of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (with respect to any work performed by said contractor in connection with improvements made by Landlord at the request of Tenant. Upon the completion of any alterations, additions or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for improvements the cost of removing such alterations or additions and which is in excess of $25,000.00, Tenant agrees to cause a Notice of Completion to be recorded in the restoration office of the PremisesRecorder of Alameda County in accordance with Section 3093 of the Civil Code of the State of California or any successor statute.

Appears in 1 contract

Sources: Lease Agreement (Wells Real Estate Fund X L P)

ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, (a) Tenant shall not make any alterations, additions, improvements, non-cosmetic changes additions or other material changes replacements to the Premises Premises, or any repairs required of Landlord under this Lease, without the prior written approval consent of Landlord, such consent to be given or withheld at the sole and absolute discretion of Landlord, except for the installation of unattached movable fixtures, which may be installed without drilling, cutting, or otherwise defacing the Premises. All alterations, additions, and improvements made in and to the Premises and all floor covering that is cemented or adhesively fixed to the floor and all fixtures (other than trade fixtures) which are installed in the Premises shall remain in and be surrendered with the Premises and shall become the property of Landlord at the expiration or sooner termination of this Lease. So long as Tenant is not in default hereunder, Tenant shall have the right to remove its trade fixtures from the Premises, provided that Tenant shall repair and restore any damage to the Premises caused or occasioned by such removal. (b) All repairs, alterations, additions and improvements done by Tenant within the Premises shall be performed in a good and workmanlike manner, in compliance with all governmental, requirements, and at such times and in such manner as will cause a minimum of interference with other construction in progress and with the transaction of business in the Building and/or Park. Whenever Tenant proposes to do any construction work within the Premises, Tenant shall first furnish to Landlord plans and specifications covering such work in such detail as Landlord may reasonably request. Such plans and specifications shall comply with such requirements as Landlord may from time to time proscribe for construction within the. Building and/or Park. In no event shall any construction work be commenced within the Premises without Landlord's written approval shall not be unreasonably withheld of such plans and specifications. In the event Tenant does perform any construction work without the prior written consent of Landlord, Landlord shall, in addition to all other remedies it might have hereunder or delayedat law, have the right to require Tenant to immediately remove any unapproved additions or improvements and restore the Premises to -the condition existing prior to such unauthorized construction. Notwithstanding Without limiting the generality of the foregoing, Tenant shall be permitted to under no circumstances make Minor Alterations (as defined below) any penetration of the roof of the Building without Landlord’s prior written 's consent, which consent may be given or withheld by Landlord in its sole and absolute discretion. Minor AlterationsIn the event Landlord consents to a penetration of the roof, as used herein, all such work shall be defined performed by contractors designated or approved by Landlord and shall be supervised by Landlord or its designees and performed under conditions and subject to such conditions and requirements as may be established by Landlord. Tenant shall and hereby agrees to indemnify and hold Landlord harmless from and against any alterationsand all loss, improvementscost, etc. made to the Premises damage, expense or liability (excluding the facade thereofincluding, without limitation, court costs and attorneys' fees) which do not affect the structure ever suffered or incurred by Landlord as a result of any penetration of the buildingsroof, their systems including, without limitation, costs of repair, loss of income, claims for damages from other tenants of the Building and damages which result if any warranty on the roof held or equipmentmaintained by Landlord is voided or impaired by such penetration. If Landlord approves any alterations, additions, improvements, etc., Landlord The provisions hereof shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon survive the expiration or sooner termination of this Lease. Additionally, either: (i) remove any such alterations or additions and repair any damage penetration of the roof without Landlord's consent shall be deemed an immediate event of default hereunder entitling Landlord to the Premises (exercise of all rights and remedies provided in this Lease or the buildings in which the Premises are located) occasioned by their installation at law 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 Premisesequity.

Appears in 1 contract

Sources: Lease Agreement (Digital Recorders Inc)

ALTERATIONS AND IMPROVEMENTS. (a) The Tenant may make alterations or improvements to the Premises provide that the same do not affect any structural components of the Building or the Premises provided that any such alteration or improvement shall (i) not change the general character of the Premises, or reduce the fair market value thereof below its value immediately before such alteration or addition, or impair the usefulness of the Premises; (ii) is effected with due diligence, in a good and workmanlike manner and in compliance with all Legal Requirements; and (iii) is promptly and fully paid for by the Tenant. The Landlord's failure to object to a written notice from the Tenant requesting the Landlord's consent to any alterations or improvements that do affect structural components, within 15 days of such request, shall constitute an approval of the same. On expiration or earlier termination of this Lease, the Tenant shall have the right to remove any improvements, alterations, trade fixtures, furniture, machinery and equipment installed within the Premises by and at the expense of the Tenant, provided that the Tenant shall repair any time throughout damage caused to the term Premises or the Building in effecting such removal, and provided, further, that the Tenant shall not have the right so to remove any structural component, partition, or any portion of the HVAC, plumbing, electrical or mechanical systems. (b) All improvements, alterations, trade fixtures, furniture, machinery and equipment of the Tenant located at the Leased Premises 30 days following expiration or earlier termination of this Lease shall be considered abandoned by the Tenant and any extensions hereofmay be appropriated, to make or cause to be madesold, any alterations, additionsdestroyed, or improvementsotherwise disposed of by the Landlord without obligation to account therefor, and the Tenant will pay the Landlord, upon demand, all reasonable costs and expenses incurred by the Landlord in removing, storing or install or cause to be installed disposing of any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.

Appears in 1 contract

Sources: Lease Agreement (Langer Inc)

ALTERATIONS AND IMPROVEMENTS. A. Tenant shall have acknowledges that Landlord owns the right at any time throughout Building(s). Tenant accepts the term Building(s) from Landlord in its "as is" conditions, the conditions that exist as of the Effective Date of this Lease Lease. Tenant acknowledges that Landlord makes no representation or warranty concerning (i) the physical condition of the Building(s); (ii) the Property's suitability for Tenant's proposed use; or (iii) the presence of any Hazardous Substance in or about the Property or the Building(s), except as otherwise expressly set forth in this Lease. Landlord has encouraged Tenant to make its own physical inspection of all aspects of the Property and any extensions hereof, the Building(s) and to conduct its own investigation as to the suitability of the Property and the Building(s) for Tenant's use. B. If Tenant proposes to make or cause to be made, construct any alterations, additionsimprovements, additions or fixtures (“Alterations”) that affect any portion of the Property or any structures located on the Property that are allowed under an existing use permit, Tenant shall first provide the Landlord with thirty (30) days prior written notice. If Landlord raises no objections within thirty (30) days after receipt of such notice, Tenant may proceed, provided Tenant obtains all required permits. Tenant shall not attach any fixture or item of equipment to the Building without Landlord's prior written consent. All such Alterations shall be made at Tenant's sole expense in accordance with Landlord's General Design Requirements (if any) and the plans and specifications (including specifications for materials to be used in connection therewith) and a statement of the estimated cost of such work submitted to and approved by Landlord (collectively the "Plans and Specifications"). If the cost thereof exceeds $15,000 for any single instance, or improvementsif the proposed work involves the Building structure or utility systems, any contractor or install person selected by Tenant to make the same shall first be approved by Landlord. Landlord, in its sole discretion, shall approve or cause disapprove Tenant's request and may disapprove Tenant's use of any materials or substances, including but not limited to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approvalasbestos and fiber glass, which approval Landlord, in its sole discretion, deems potentially hazardous, toxic or threatening to health. To the extent that Tenant's work shall require a building permit or other permits from the City of Berkeley, Bay Conservation and Development Commission ("BCDC") and/or any other governmental agency, Tenant shall not be unreasonably withheld or delayedperform any of Tenant's Work until Tenant has obtained all requisite permits. Upon Tenant further shall comply with all prevailing wage requirements of California Labor Code Sections 1720 et seq.; to the expiration of the Initial Term of extent, such requirements are applicable to Tenant's work. C. Except as otherwise expressly provided in this Lease, Tenant shall have not repair, replace, or modify any utility system located within the option to remove such alterations, decorations, additions or improvements made by it, provided Building without the Landlord's prior written consent. Tenant is responsible for the repair of any damage to Premises resulting from such removal is repaired. Alsoany utility system, upon the expiration structural element of the Initial Term Building(s), facilities of this LeaseLandlord or any other facilities arising out of Tenant's construction activities or Tenant's negligence or willful misconduct; provided, Tenant if requested by Landlord shall remove any signs however, such provision is not intended to and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not be interpreted to make any alterationsother person or entity a third party beneficiary thereof. D. This Lease specifically prohibits Tenants, additionsor any other party, improvementsfrom expanding uses or structures allowed on the Property beyond those designated in use permits approved by the City of Berkeley. Notwithstanding approval of any new Use Permit allowing expansion, non-cosmetic changes or other material changes any future expansion of the uses in existing buildings, or additions to existing buildings or docks, or construction of any new buildings or docks, or moving existing buildings onto the Premises without Property, are all subject to the prior written approval of Landlordthe Landlord and all improvements are subject to the environmental review and permit regulations and approvals of same by all applicable local, which approval state, and federal agencies. E. Tenant shall not be unreasonably withheld substantially deface or delayed. Notwithstanding the foregoingchange any floors, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterationswalls, as used hereinceilings, shall be defined as roofs, or partition any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems structures or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to improvements on the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.Property without first providing thirty

Appears in 1 contract

Sources: Lease Agreement

ALTERATIONS AND IMPROVEMENTS. Tenant (a) Lessee shall not at any time during the term hereof make any alterations to the Premises without first obtaining Lessor's written consent thereto, which consent Lessor shall not unreasonably withhold or delay; provided, however, that Lessor shall not be deemed unreasonable by refusing to consent to any alterations which are visible from the exterior of the Building or Premises, which will or are likely to cause any weakening of any part of the structure of the Premises or the Building or which will or are likely to cause damage or disruption to the Building systems or which are prohibited by any underlying mortgage, all of which alteration requests Lessor may reject in its sole discretion. Should Lessee desire to make any alterations to the Premises, Lessee shall submit all plans and specifications for such proposed alterations to Lessor for Lessor's review before Lessee allows any such work to commence, and Lessor shall approve or disapprove such plans and specifications for any of the reasons set forth in this Section 21(a) or for any other reason reasonably deemed sufficient by Lessor. Lessee shall select and use only contractors, subcontractors or other service personnel from those listed on Lessor's approved list maintained by Lessor in its management office. Upon Lessee's receipt of written approval from Lessor and any required approval of any mortgagee of Lessor, and upon Lessee's payment to Lessor of a reasonable fee prescribed by Lessor for the work of Lessor and Lessor's employees and representatives in reviewing and approving such plans and specifications, Lessee shall have the right at any time throughout to proceed with the term construction of all approved alterations, but only so long as such alterations are in strict compliance with the plans and specifications so approved by Lessor and with the provisions of this Lease Section 21, including the use of contractors and service personnel approved in advance by Lessor in writing. All alterations shall be made at Lessee's expense, either by Lessee's contractors approved in advance by Lessor, or, at Lessee's option, by Lessor on terms reasonably satisfactory to Lessee, including a reasonable fee of actual expenses to Lessor to cover Lessor's overhead. In no event, however, shall Lessee or its contractors or repair personnel be permitted to do or allow any extensions hereofwork affecting the Building systems. (b) All construction, to make or cause to be made, any alterations, additionsalterations and repair work done by, or for, Lessee shall (i) be performed in such a manner as to maintain harmonious labor relations, (ii) not adversely affect the safety of the Building or the Premises or the systems thereof; (iii) comply with all building, safety, fire, plumbing, electrical and other codes and governmental and insurance requirements, (iv) not result in any usage in excess of building standard of water, electricity, gas or other utilities or of heating, ventilating or air-conditioning (either during or after such work) unless prior written arrangements satisfactory to Lessor are made with respect thereto, (v) be completed promptly and in a first-class and workmanlike manner and, if applicable, in compliance with, and subject to, all of the provisions of Exhibit "E" hereto, and (vi) not disturb other tenants in the Building. (c) All leasehold improvements, alterations and other physical additions made to, or install installed by or cause for Lessee in, the Premises shall be insured by Lessee, including Lessee's furniture, personal property and movable trade fixtures. Lessee shall remove, at Lessee's expense, all furniture, personal property, movable trade fixtures and, if directed to be installed any trade fixtureor permitted to do so by Lessor in writing, 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 and to the expiration extent that the removal of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided same will not cause any structural 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 or the termBuilding, Tenant shall not make all, or any alterationspart of, additions, the leasehold improvements, non-cosmetic changes or alterations and other material changes physical additions made by Lessee to the Premises without Premises, on or before the prior written approval of Landlord, which approval shall not be unreasonably withheld expiration date or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon earlier termination of this Lease, either: (i) remove any such alterations or additions 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; Lessee shall repair, or (ii) promptly reimburse Landlord Lessor for the cost of removing repairing, all damage done to the Premises or the Building by such removal. Any leasehold improvements, alterations or physical additions and made by Lessee which Lessor does not direct or permit Lessee to remove at any time during or at the restoration end of the Premisesterm shall become the property of Lessor without any payment to Lessee. If Lessee fails to remove any of Lessee's furniture, personal property or movable trade fixtures by the expiration date or earlier termination of this Lease or, if Lessee fails to remove any leasehold improvements and other physical additions made by Lessee to the Premises which Lessor has in writing directed Lessee to remove, Lessor shall have the right, on the fifth (5th) day after Lessor's delivery of written notice to Lessee, to deem such property abandoned by Lessee and to remove, store, sell, discard or otherwise deal with or dispose of such abandoned property in a commercially-reasonable manner. Lessee shall be liable for all costs of such disposition of Lessee's abandoned property, and Lessor shall have no liability to Lessee in any respect regarding such property of Lessee. The provisions of this Section 21(c) shall survive the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Sublease Agreement (American Artists Entertainment 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, additions or improvements, or install or cause improvements to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with the Leased Premises without the written consent of Landlord’s prior written approval, which approval consent shall not be unreasonably withheld or delayed. Upon All alterations, additions, and improvements shall belong to the expiration Landlord, unless the terms of the Initial Term of this Lease, Landlord's consent shall require their removal. Tenant shall have the option right to remove from the Leased Premises only those trade fixtures installed by Tenant in accordance with this Lease. 17.1 All such work shall be carried on at Tenant's cost, and in a first class, workmanlike manner in accordance with building standards and other reasonable requirements of Landlord and in compliance with all governmental orders, regulations and permits. Such work shall be performed by responsible contractors approved by Landlord who will, prior to commencement of work, submit satisfactory proof of insurance coverage naming Landlord as an additional insured. 17.2 Following completion 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 Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the termTenant, Tenant shall furnish Landlord with current "as built" plans and specifications reflecting such alterations, additions or improvements. 17.3 Tenant, with the prior written consent of landlord, may remove any alterations, additions, fixtures, improvements, appliances or equipment installed by Tenant which can be removed without damage to or leaving incomplete the Leased Premises; provided, however (and anything herein to the contrary notwithstanding), Landlord may direct Tenant at the end of the Lease Term or of any prior termination, and whether or not make any Tenant is in default hereunder, to remove all alterations, additions, improvements, non-cosmetic changes trade fixtures, appliances or other material changes to personal property brought into or placed about the Leased Premises without the prior written approval of by Tenant or constructed or installed therein by Tenant (including but not limited to, partitions, cabinets, shelving, drapes, shades, furniture, wiring and plumbing) as may be specified in writing by Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.

Appears in 1 contract

Sources: Lease Agreement (Prophet 21 Inc)

ALTERATIONS AND IMPROVEMENTS. Tenant 10.1 With the prior written consent of Lessor, Lessee may make alterations, additions or improvements in and to the Premises, and may install and attach fixtures in and to the Premises. In the event Lessor gives Lessee written consent to such alterations, improvements or additions, Lessor shall at that time notify Lessee whether such alterations, improvements, or additions would have to be removed at the end of the Lease Term. If Lessee requests such written consent of Lessor and Lessor fails to respond to Lessee's request within ten (10) days after Lessor's receipt of such request, Lessor shall be deemed to have given its written consent to such request; provided, however, that in no event shall Lessor's request for additional information from Lessee be deemed to be a failure by Lessor to respond to such request. Lessee shall provide Lessor with all information relating to such alterations, additions or improvements as Lessor may reasonably request. If Lessor elects that any or all installations made or installed by or on behalf of Lessee be removed at the end of the Lease Term, and, if Lessor so elects, it shall be Lessee's obligation to restore the Premises to the condition they were prior to the alterations, additions, or improvements on the expiration or other termination of this Lease. Such removal and restoration shall be at the sole expense of Lessee. All alterations, additions, or improvements made, installed in, or attached to the Premises by Lessee, upon the consent specified above, shall be made at Lessee's expense in a good and workmanlike manner, strictly in accordance with plans and specifications approved by Lessor, all applicable laws, ordinances, regulations, and other requirements of any appropriate governmental authority, and any applicable covenants or other restrictions. Prior to the commencement of any such work, Lessee shall cause all contractors and subcontractors engaged by Lessee to perform such work to obtain and thereafter maintain from insurance companies licensed and registered to operate in the State of Georgia workers' compensation insurance all in amounts satisfactory under current applicable regulations of the State of Georgia and public liability insurance having a general aggregate limit of liability of $1,000,000.00 with a limit of $500,000.00 per occurrence. 10.2 During the Lease Term, Lessee shall keep the Premises free from all liens, rights to liens, or claims of liens of contractors, subcontractors, mechanics, or materialmen for work done or materials furnished to the Premises at the request of Lessee. Whenever and so often as any such lien shall attach or claims therefor shall be filed against the Premises or any part thereof as a result of work done or materials furnished to the Property at the request of Lessee, Lessee shall, within twenty (20) business days after Lessee has received written notice from Lessor of the claim for lien, cause it to be discharged of record, which discharge may be accomplished by deposit or bonding proceedings. If Lessee shall fail to cause the lien to be discharged within the twenty (20) business day period, then, in addition to any other right at any time throughout or remedy, Lessor may, but shall not be obligated to, discharge it either by paying the term amount claimed to be due or by procuring the discharge of the lien by deposit or bonding proceedings. Any amount so paid by Lessor and all costs and expenses, including, without limitation, attorneys' fees, incurred by Lessor in connection therewith shall constitute additional rent payable by Lessee under this Lease and shall be paid by Lessee in full on demand of Lessor together with interest thereon from the date it was paid by Lessor. Lessee shall not have the authority to subject the interest or estate of Lessor to any extensions hereofliens, rights to make liens, or cause claims of liens for services, materials, supplies, or equipment furnished to be madeLessee, any and all persons contracting with Lessee are hereby charged with notice that they must look to Lessee and to Lessee's interest only to secure payment. 10.3 All alterations, additions, or improvements, or install or cause to be installed any trade fixtureincluding, signsbut not limited to, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awningspartitions, as Tenant may deem necessary or suitable with Landlord’s prior written approvalcounters, and window and floor coverings, which approval shall not may be unreasonably withheld made or delayed. Upon the expiration installed by either of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, parties hereto upon the expiration Premises, irrespective of the Initial Term manner of this Leaseannexation, Tenant if requested by Landlord shall remove any signs and repair any damages to irrespective of which party may have paid the Premises resulting from such removal. During cost thereof, excepting only movable office furniture and shop equipment put in 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 expense of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used hereinLessee, shall be defined as any alterationsthe property of Lessor, improvements, etc. made to and shall remain upon and be surrendered with the Premises (excluding as a part thereof at the facade thereof) which do not affect the structure of the buildings, their systems expiration or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon other termination of this Lease, either: (i) remove without disturbance, molestation, or injury. Further, notwithstanding anything contained herein to the contrary, Lessor shall be under no obligation to insure the alterations, additions, or improvements or anything in the nature of a leasehold improvement made or installed by or on behalf of Lessee, any of the Lessee Parties, or any other person, and such alterations improvements shall be on the Premises at the risk of Lessee only. 10.4 In the event Lessor makes any capital investment, major structural repairs or additions and repair any damage improvements in or to the Premises (or Building which are required due to any act of omission or commission by Lessee or any of the buildings Lessee Parties, any and all cost and expenses incurred by Lessor in which making the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were madecapital investment, major structural repairs, or (ii) reimburse Landlord for improvements shall constitute additional rent payable by Lessee under this Lease and shall be paid by Lessee in full on demand of Lessor, together with interest thereon from the cost of removing such alterations or additions and the restoration date of the Premisesdemand.

Appears in 1 contract

Sources: Lease (Firearms Training 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 '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 buildings, 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 (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.

Appears in 1 contract

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

ALTERATIONS AND IMPROVEMENTS. Tenant (a) The Lessee shall have the privilege from time to time of making Additional Improvements to the Facility Realty as it may determine in its discretion to be desirable for its uses and purposes, provided that: (i) as a result of the Additional Improvements, the fair market value of the Facility is not reduced below its fair market value immediately before the Additional Improvements are made and the usefulness, structural integrity or operating efficiency of the Facility is not materially impaired, (ii) the Additional Improvements are effected with due diligence, in a good and workmanlike manner and in compliance with all applicable Legal Requirements, (iii) the Additional Improvements are promptly and fully paid for by the Lessee in accordance with the terms of the applicable contract(s) therefor, and (iv) the Additional Improvements do not change the nature of the Facility so that it would not constitute the Approved Facility and a qualified “project” within the meaning of the Act. (b) All Additional Improvements shall constitute a part of the Facility, subject to the Company Lease, this Agreement and the Sublease Agreement. (c) If at any time after the Operations Commencement Date, the Lessee shall make any Additional Improvements, the Lessee shall notify an Authorized Representative of the Agency of such Additional Improvements by delivering written notice thereof within thirty (30) days after the completion of the Additional Improvements. (d) In addition to the Facility Personalty, the Lessee shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause permit to be installed any trade fixtureat the Facility Realty, signsmachinery, floor coveringequipment and other personal property at the Lessee’s own cost and expense (the “Lessee’s Property”). Once so installed, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlordthe Lessee’s prior written approval, which approval Property shall not constitute Facility Personalty and shall not be unreasonably withheld subject to the Company Lease, this Agreement or delayed. Upon the expiration Sublease Agreement, nor constitute part of the Initial Term of this LeaseFacility, Tenant provided that the same is not made fixtures appurtenant to the Facility Realty. The Lessee shall have the option right to remove such alterationscreate or permit to be created any mortgage, decorationsencumbrance, additions lien or improvements made by itcharge on, provided any damage to Premises resulting from such removal is repaired. Alsoor conditional sale or other title retention agreement with respect to, upon the expiration Lessee’s Property, without the consent of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages or notice to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcAgency., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.

Appears in 1 contract

Sources: Agency Lease Agreement

ALTERATIONS AND IMPROVEMENTS. Except for minor, decorative alterations which do not affect the Building structure or systems, are not visible from outside the Premises and do not cost in excess of $10,000.00 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

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

ALTERATIONS AND IMPROVEMENTS. Tenant, at Tenant's expense, shall have the right following Landlord's consent to remodel, redecorate, and make additions, improvements and replacements of and to all or any part of the Leased Premises from time to time as Tenant may deem desirable, provided the same are made in a workmanlike manner and utilizing good quality materials. Tenant 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 Tenant at the commencement of the Lease term or placed or installed on the Leased Premises by Tenant thereafter, shall remain Tenant's property free and clear of any claim by the Landlord. Tenant shall have the right to remove the same at any time throughout during the term of this Lease and any extensions hereofprovided that all damage to the Leased Premises caused by such removal shall be repaired by Tenant at Tenant's expense. Notwithstanding anything to the contrary, 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 Landlord shall have the option right to order Tenant to remove such alterationsall personal property, decorationsequipment, additions or improvements made by itmachinery, provided any damage to Premises resulting from such removal is repaired. Also, trade fixtures and temporary installations upon the expiration termination of the Initial Term lease, and Tenant’s failure to do so within ten (10) business days shall result in Tenant’s forfeiture of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages ownership of the same 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, or Landlord’s right to remove the same (or have the same removed) at Tenant’s expense. Landlord may utilize the Security Deposit for the same, or may retain the Security Deposit and ▇▇▇▇ ▇▇▇▇▇▇ for said charges, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted promptly paid within ten (10) business days after ▇▇▇▇▇▇▇▇’s submission of an invoice therefore to make Minor Alterations (as defined below) without Landlord’s prior written consentTenant. Minor Alterations, as used herein, These provisions 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 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 although this sentence shall not be construed as a limitation on other Landlord rights that survive 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 termination of removing such alterations or additions and the restoration of the Premisesthis Lease.

Appears in 1 contract

Sources: Commercial Lease Agreement

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

Sources: Standard Office Lease (Ebs Building LLC)

ALTERATIONS AND IMPROVEMENTS. (a) Tenant shall have the right may make from time to time, at any time throughout the term of this Lease and any extensions hereofits own expense, to make or cause to be made, any such alterations, additions, or improvements, or install or cause additions and improvements in and to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, the Premises (“Alterations”) as Tenant it may deem necessary or suitable with Landlord’s prior written approvaldesirable, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Leaseprovided, 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, that Tenant shall not make any alterations, additions, improvements, non-cosmetic changes alterations or other material changes additions to the Premises which (i) cost more than $50,000 or (ii) affect the exterior of the Premises or its structural components, the roof, parking structure, or HVAC, sanitary, electrical, plumbing, mechanical or other systems (each a “Structural Alteration”), without the prior written consent of Landlord in each instance, which consent may be withheld, delayed or conditioned in the sole discretion of Landlord. Tenant may make decorative or cosmetic Alterations, or non-Structural Alterations costing less than fifty thousand ($50,000) dollars, on prior written notice to Landlord, but without Landlord consent. Tenant shall submit to Landlord detailed plans and specifications for non-Structural Alterations requiring Landlord’s consent, which shall not be unreasonably withheld, conditioned or delayed, such consent to be given within fifteen (15) business days of receipt of completed plans, specifications and other information as Landlord may reasonably require. If Landlord fails to respond to Tenant’s request for consent within such fifteen (15) business day period, Tenant may give Landlord a notice of such failure stating that if Landlord fails within five (5) business days after the giving of such notice to consent or deny consent to such proposed Alterations, Landlord shall be deemed to have consented to same, and if Landlord fails to consent or deny consent within such 5 business day period, Landlord shall be deemed to have consented to such non-Structural Alterations. All Alterations shall be accomplished in accordance with the following conditions: (i) Tenant shall procure all governmental permits and authorizations for the Alterations, and obtain and provide to Landlord an official certificate of occupancy and/or compliance upon completion of the Alterations, together with certificates of electrical and plumbing inspection and a complete reproducible set of as built plans and survey of the Premises (Landlord shall execute such documents as may be reasonably required in connection with the foregoing and Landlord shall otherwise cooperate with Tenant at no cost to Landlord in connection with obtaining the foregoing); (ii) Tenant shall arrange for extension of the general liability insurance provided for in Article 4 to apply to the construction of the Alterations. Further, Tenant shall procure and maintain Builder’s Risk Casualty Insurance in the amount of the full replacement cost of the Alterations and statutory Workers Compensation Insurance covering persons employed in connection with the work. All such insurance shall conform to the requirements of Article 4; and (iii) Tenant shall construct the Alterations in a good and workmanlike manner utilizing new materials of first class quality and in compliance with all laws and governmental regulations. (b) Landlord shall not be required to consent to any Alteration if such Alteration: (i) is inconsistent with the uses of the Premises permitted under this Lease; (ii) will diminish the value of the Improvements or Premises; (iii) is a Structural Alteration; (iv) shall cause an increase in the number of parking spaces required for the Building to comply with Laws and Ordinances as of right without resort to a variance or other zoning relief, however denominated; (v) will change the footprint or roof height of the Building on the Land, or (vi) shall result in the removal of any part of the exterior walls other than openings for doors and windows. (c) Upon termination of this Lease, except as otherwise provided in this Section 6.01(c), all Alterations shall be the property of Landlord, unless Landlord shall have required Tenant to remove any Alterations in its written consent to such Alterations, provided that Tenant had requested Landlord’s permission not to remove or restore such Alterations in its request. Except as set forth in the next sentence, Tenant shall not be required to restore its initial Alterations in the Demised Premises so long as the hard-walled office space on any floor does not exceed fifty percent (50%) of the space on such floor. The installation of any “specialty” Alterations (e.g. inter-floor staircases, vaults) shall be subject to prior written approval of Landlord, which approval and shall not be unreasonably withheld or delayed. required to be restored unless specifically provided otherwise in writing by Landlord. (d) Notwithstanding the foregoing, Landlord agrees to advise Tenant shall in response to written request, whether an Alteration requiring Landlord approval will be permitted required to make Minor Alterations (as defined below) without Landlord’s be removed or not 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) provided that Tenant shall not be released of its obligations to remove any such alterations or additions and repair any damage to the Premises (or the buildings specific items identified 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 PremisesSection 19.01.

Appears in 1 contract

Sources: Lease Agreement (GTJ REIT, Inc.)

ALTERATIONS AND IMPROVEMENTS. Tenant A. Before beginning construction or installation of any improvement or alteration, AIRLINE will first submit to the Airport Director an airport building permit application that includes: 1. Detailed drawings of the proposed improvement or alteration or a description of the same that the Director considers sufficient to determine any impact of the proposed improvement or alteration on Airport facilities; and 2. Written proof of approval of the proposed improvement or alteration from all appropriate agencies. B. DOT&PF will review and approve or disapprove the proposed improvement or alteration in writing, electronically or otherwise, within forty-five (45) days after receipt of the construction drawings referred to in this Section 11.04. However, DOT&PF will not approve proposed installation or construction that does not comply with paragraph D of this Section. Neither approval by DOT&PF of any construction design, nor any other review or approval will be deemed to waive AIRLINE‘s legal responsibility to maintain and restore its Premises and to comply with all environmental laws and other applicable federal, state and local laws, regulations and ordinances relating to the construction, design, or operation of AIRLINE’s business. Neither will such review or approval work a waiver of any liability of AIRLINE, or an estoppel of any claim of DOT&PF. C. If AIRLINE constructs or installs any improvement or makes any alteration on the Premises before obtaining a written approved Airport building permit, or without obtaining any necessary federal, state or local agency approval, DOT&PF may, at its sole discretion, require AIRLINE to repair or alter the unauthorized improvements or alterations to meet agency requirements for approval, or to remove the unauthorized improvement or alteration and restore the Premises. DOT&PF may also, in its discretion, impose, and AIRLINE shall pay, an administrative fee of not more than fifteen percent (15%) of the value of the unauthorized installation, improvements or alterations. D. Any construction or installation proposed and carried out by or on behalf of AIRLINE must be designed and performed so as to satisfy the following criteria: 1. Be consistent with this Agreement; 2. Not interfere with operation of the Airport or activities of other tenants; 3. Be compatible with the architecture and interior design of the terminal as determined by DOT&PF, with any applicable tenant design standard adopted for the Airport, and with any Airport–provided infrastructure systems; 4. Be performed in a safe, neat manner, and completed at no cost to DOT&PF; and 5. Comply with all applicable federal, state, and local building, fire, health and safety codes, generally accepted engineering principles, and generally accepted principles of sound Airport management. E. In the event that the construction or installation of any improvement or alteration by AIRLINE is determined by DOT&PF to be in violation of the terms and conditions of this Agreement or not in accordance with the drawings, plans or specifications approved by DOT&PF, then DOT&PF shall have the right at any time throughout to stop the term of this Lease and any extensions hereofconstruction or installation or, if the work has been completed, to make order its immediate removal. F. Within forty-five (45) days after completion of the construction of any alteration or cause improvement, AIRLINE will deliver to DOT&PF detailed copies of as-built drawings showing the location and dimensions of the alteration or improvement constructed, including structural, mechanical, and electrical systems. G. In the event that any of AIRLINE’s contractors, sub-contractors, vendors, employees or any other person directly or indirectly acting for, through or under any of them, files or causes to be madefiled a contractor’s, mechanic’s or materialman’s lien or other claim or lien against the Premises or any alterations, additionspart of or interest in them, or improvementsany improvements on them, or install against any moneys due to any contractors, sub-contractors, vendors or employees, then AIRLINE agrees to cause such liens and claims to be installed any trade fixturesatisfied, signs, floor covering, interior removed 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 delayeddischarged within thirty (30) days after they are filed. Upon the expiration failure of the Initial Term of this LeaseAIRLINE to cause such liens and claims to be satisfied, Tenant removed or discharged, DOT&PF shall have the option right to remove cause such alterationsliens and claims to be satisfied, decorationsremoved or discharged. In addition to all other rights and remedies provided under this Agreement or by law, 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 DOT&PF shall be permitted entitled to make Minor Alterations collect from AIRLINE, and AIRLINE shall pay to DOT&PF as additional rent, any and all expenses DOT&PF incurs with respect to such liens and claims (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as including 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, etclegal fees and disbursements)., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.

Appears in 1 contract

Sources: Operating Agreement

ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make nor cause to be made any alterationsalterations and improvements in, additionson, improvements, non-cosmetic changes under or other material changes to about the Leased Premises without the prior written approval consent of Landlord, which approval consent shall not be unreasonably withheld or delayedwithheld. Notwithstanding the foregoingUpon Landlord consent being received, Tenant shall be permitted bear the sole cost of such alterations and improvements. Alterations and improvements are further described as any change or addition to make Minor Alterations (as defined below) without Landlord’s the building, grounds, or boundaries of the Leased Premises. This includes personal property, equipment, machinery, trade fixtures and installations that are attached, fastened or installed on the Leased Premises. Tenant will obtain, at its sole cost and expense, all permits and approvals required in connection with any alterations or installations and Landlord shall reasonably approve all plans prior written consentto the commencement of such work. Minor Alterations, as used herein, All contractors working on such work shall be defined licensed in the state of Florida and have appropriate insurance for such work, which insurance shall name Landlord as additional insured. Nothing in this Lease shall be deemed to be, or construed in any alterationsway as constituting, improvementsthe consent or request of Landlord, etc. made expressed or implied, by inference or otherwise, to any person, firm or corporation for the performance of any labor or the furnishing of any materials for any construction, rebuilding, alteration or repair of or to the Leased Premises (excluding or any part thereof, nor as giving Tenant any right, power or authority to contract for or permit the facade thereof) rendering of any services or the furnishing of any materials which do not affect might in any way give rise to the structure right to file any lien against ▇▇▇▇▇▇▇▇'s interest in the Leased Premises. Tenant shall promptly pay for all materials supplied and work done in respect of the buildings, their systems Leased Premises so as to ensure that no lien is recorded against any portion of the Building or equipmentPremises or against Landlord's or Tenant's interest therein. If Landlord approves a lien is so recorded, Tenant shall discharge it within thirty (30) days by payment or bonding or shall be in default under this Lease. If any alterations, additions, improvements, etc.such lien is recorded and not discharged by Tenant as above required, Landlord shall notify have the right to remove such lien by bonding or payment and the cost thereof shall be paid immediately from Tenant to Landlord. Landlord and Tenant expressly agree and acknowledge that no interest of Landlord in the Leased Premises shall be subject to any lien for improvements made by Tenant in or for the Leased Premises, and Landlord shall not be liable for any lien for any improvements made by Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination such liability being expressly prohibited by the terms of this Lease, either: (i) remove and ▇▇▇▇▇▇ hereby agrees to inform all contractors and material suppliers performing work in or for or supplying materials to the Leased Premises of the existence of said prohibition. Landlord shall have the right to post and keep posted at all reasonable times on the Leased Premises any notices which Landlord shall be required so to post for the protection of Landlord and the Leased Premises from any such alterations or additions lien. ▇▇▇▇▇▇ agrees to promptly execute such instruments in recordable form in accordance with the terms and repair any damage provisions of Section 713.10, Florida Statutes, as are necessary 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 give public notice of the Premisesterms and conditions hereof.

Appears in 1 contract

Sources: Lease Agreement

ALTERATIONS AND IMPROVEMENTS. 9.1 Landlord understands that Tenant will be making substantial improvements to the interior of the Demised Premises including, but not limited to, partitions, dropped ceilings, conduit, raised flooring, electrical systems, fire sprinkler systems, heating, ventilating and air-conditioning systems, and other improvements necessary or desirable to prepare the Demised Premises for Tenant’s initial occupancy thereof (the “Initial Tenant Improvements”). The Initial Tenant Improvements shall have consist of all improvements made to the right at any time Demised Premises up to and including the date on which Tenant obtains its final Certificate of Occupancy for the Demised Premises. The Initial Tenant Improvements and all other improvements constructed or installed by or on behalf of Tenant throughout the term of this Lease and any extensions hereofTerm by Tenant, its contractors, and/or the Landlord or its affiliated companies shall be collectively referred 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 the “Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration Improvements.” As of the Initial Term Termination Date or such earlier date as Tenant’s right of possession is terminated under this Lease, the Tenant shall have at its sole cost and expense remove all Tenant Improvements (except as otherwise provided herein) and shall restore the option Landlord’s Premises to remove such alterations, decorations, additions or improvements made by it, provided any damage the condition it was in prior to Premises resulting from such removal is repaired. Also, upon the expiration installation of the Initial Term Tenant Improvements, subject to ordinary wear and tear due to passage of this Leasetime and normal use, Tenant if requested and damage by casualty. If Landlord, at the time Landlord shall remove any signs and repair any damages consents 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 installations, advises Tenant that such removal will not be required, then such Tenant Improvements to the Premises without Demised Premises, except Tenant’s movable fixtures and furniture, shall become the prior written approval property of LandlordLandlord and shall remain upon, which approval shall not and be unreasonably withheld surrendered with, said Demised Premises, as a part thereof, at the end of said term or delayedrenewal term, as the case may be. Notwithstanding the foregoing, the parties agree that only that portion of the Initial Tenant shall be permitted to make Minor Alterations Improvements consisting of the Private Communication Ductbank (as defined in Section 45.1 below), including (A) the conduits and the wiring therein from the public right of way to the Demised Premises, and (B) the conduits and wiring therein running from the Demised Premises to the existing Private Communication Ductbank servicing the buildings located at ▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ and ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇ shall not be removed at the Termination Date and shall become the sole property of the Landlord from and after the Termination Date. 9.2 Tenant may not make structural alterations, additions or improvements to the Demised Premises (“Structural Alterations”) without the consent of the Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Landlord will review and consent or object in writing to Tenant’s submission of Tenant’s plans for structural alterations within ten (10) days of receipt thereof. Landlord’s prior written failure to respond within ten (10) days shall operate as a refusal of consent. Minor Alterations, as used herein, Landlord’s consent shall not be defined as any required for nonstructural alterations, improvements, etc. made additions or improvements to the Demised Premises (excluding the facade thereof) which do not affect the structure of the buildings“Nonstructural Alterations”); however, their systems or equipment. If Tenant may at its option submit to Landlord approves any alterations, additions, improvements, etc., Tenant’s plans and specifications for Nonstructural Alterations in order to determine whether Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) Lease will require Tenant to remove any such alterations or additions Nonstructural Alterations. Tenant’s Structural Alterations and repair any damage Nonstructural Alterations are sometimes hereinafter referred to as “Alterations”. In the event Landlord does not consent to the Premises Tenant’s plans for Structural Alterations, Landlord shall specifically inform Tenant of the reason for denial of such consent. Any work undertaken by Tenant shall be performed in compliance with all applicable codes and standards including, but not limited to, the New Jersey Uniform Construction Code. 9.3 Tenant, at Tenant’s sole cost and expense, shall prepare all necessary plans and specifications for the design and construction of the Initial Tenant Improvements. The Initial Tenant Improvements shall be built and completed substantially in accordance with Tenant’s plans and specifications (the “Tenant Plans”). The Tenant Plans shall be subject to review and approval by Landlord, which approval Landlord shall not unreasonably delay or withhold or condition, and which shall be deemed approved if Landlord has not responded to Tenant within ten (10) days after submission thereof by Tenant to Landlord. Any material changes by Tenant to the buildings Tenant Plans, once approved by Landlord, shall likewise be subject to review and approval by Landlord, which approval Landlord shall not unreasonably delay or withhold or condition, and which shall be deemed approved if Landlord has not responded to Tenant within ten (10) days after submission thereof by Tenant to Landlord. When and if Tenant commences construction of the Tenant Improvements, the Tenant shall cause the construction to be completed within a commercially reasonable time period and in which substantial compliance with the Premises are located) occasioned by their installation or removal and restore approved Tenant Plans. At all times, upon reasonable prior notice, Landlord shall have the right to enter upon the Demised Premises to substantially inspect the same condition as existed prior to Demised Premises and the time when any such alterations or additions were madeTenant Improvements, or (ii) reimburse Landlord for the cost purpose of removing such alterations or additions and determining that the restoration construction of the Tenant Improvements is proceeding substantially in accordance with the Tenant Plans, provided that such inspections shall not unreasonably interfere with or cause any delay of the activities of Tenant or its contractors. 9.4 From and after the Commencement Date with respect to Unit D of the Demised Premises., Landlord shall provide to Tenant the following monetary allowances for the installation of the Initial Tenant Improvements: 9.4.1. Underground work for the sanitary sewer system $ 37,361

Appears in 1 contract

Sources: Lease Agreement (Sungard Data Systems 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

Sources: Lease Agreement (DARA BioSciences, 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 shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing workmen's compensation coverage in amounts satisfactory to Landlord and protecting Landlord against public liability and property damage to any person or property, on or off the Premises, arising out of and during the making of such alterations, additions or improvements. All alterations, additions and improvements (except Tenant's equipment, as hereinafter defined), made at the expense of Tenant, shall become the property of Landlord and shall remain upon and be surrendered with the Premises as a part thereof at the termination of this Lease and any extensions hereof, to make or cause to be made, any alterations, additionslease, or improvementsat Landlord's option, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Landlord may require Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal improvements and restore the Premises to substantially its original condition Landlord may require Tenant to remove such alterations, additions and improvements and restore the same condition as existed prior Premises to its original condition. Tenant, at its sole cost and expense, will make all additions, improvements and alterations on the Premises and to the time when improvements, appurtenances and equipment thereon which may be necessary by the act or neglect of any such other person or corporation (public or private), including supporting the streets and alleys adjoining the Premises. No additions, improvements or alterations or additions were made, or (ii) reimburse Landlord for exceeding the cost of removing such alterations or additions and $25,000.00 shall be commenced until Tenant has first satisfied the restoration of the Premisesrequirements set forth in Section 9.2 hereof.

Appears in 1 contract

Sources: Lease (Alaron Com Holding Corp)

ALTERATIONS AND IMPROVEMENTS. Tenant A. Lessee shall make no changes, improvements, alterations, or additions to the leased premises unless such changes, improvements, alterations, or additions: 1) Are first approved in writing by ▇▇▇▇▇▇. Lessor shall not unreasonably withhold approval. 2) Are not in violation of restrictions placed on Lessor by lenders or other third parties. 3) Will not materially alter the character of the leased premises. 4) Will not substantially lessen the value of the leased premises. 5) Are made in a workmanlike manner, utilizing good quality materials. B. Lessee shall have the right to place and install personal property, trade fixtures, equipment and other temporary installations in and upon the leased premises, and fasten the same to the premises. C. All personal property, equipment, machinery, trade fixtures and temporary installations, whether acquired by Lessee at the commencement of the Lease term or placed or installed on the leased premises by ▇▇▇▇▇▇ thereafter, shall remain Lessee's property free and clear of any claim by ▇▇▇▇▇▇. Lessee shall have the right to remove the same at any time throughout during the term of this Hawaii Commercial Lease provided that all damage to the leased premises caused by such removal shall be repaired by Lessee at Lessee's expense. D. All improvements made by Lessee to the leased premises which are so attached to the leased premises that they cannot be removed without material injury to the leased premises, shall become the property of the Lessor upon installation. E. Not later than the last day of the Term, Lessee shall, at ▇▇▇▇▇▇’s sole expense 1) Remove all of ▇▇▇▇▇▇’s personal property and any extensions hereofthose improvements made by Lessee which have not become the property of Lessor, to make including trade fixtures, cabinetwork, movable paneling, partitions, and the like, 2) Repair all injury done by or cause to be made, any alterations, additions, in connection with the installation or removal of such property and improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, and 3) Surrender the leased premises in as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon good condition as they were at the expiration beginning of the Initial Term, reasonable wear and tear accepted. F. All property remaining on the leased premises after the last day of the Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant Hawaii Commercial Lease shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consentconclusively deemed abandoned and may be removed by ▇▇▇▇▇▇. Minor Alterations, as used herein, Lessee shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord Lessor for the cost of removing such alterations or additions and the restoration of the Premisesremoval.

Appears in 1 contract

Sources: Commercial Lease Agreement

ALTERATIONS AND IMPROVEMENTS. Tenant shall have 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

Sources: Standard Office Lease (Ebs Building LLC)

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

Sources: Lease (Alaron Com Holding Corp)

ALTERATIONS AND IMPROVEMENTS. 19.1 The Tenant may make alterations, additions or improvements to the Building only with the prior written consent of the Landlord, which consent shall not be unreasonably withheld, provided such alterations, additions or improvements do not require structural changes in the Building, or do not lessen the value of the Leased Premises or the Building. Any consent which Landlord may give shall be conditioned upon Tenant furnishing to Landlord, detailed plans and specifications with respect to any such changes, to be approved by Landlord in writing. As a condition of such consent, Landlord reserves the right to require Tenant to remove, at Tenant's sole cost and expense, any such alterations or additions prior to the expiration of the lease term. If Landlord does not require such removal, any such alterations or additions shall be deemed to be part of the realty upon installation, provided that Tenant, at its option, shall have the right to remove the same, provided it shall be responsible to repair any damage to the Leased Premises or the Building occasioned by such removal, provided such removal is made prior to the expiration of the lease term. Notwithstanding the above, 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, non-structural additions or improvements, without the Landlord's prior written consent, provided that (a) such additions or install improvements do not cost in excess of TEN THOUSAND AND 00/100 ($10,000.00) DOLLARS, in the aggregate; (b) the same do not require alteration of the Building structure or cause mechanical systems; and (c) Tenant shall forward a copy of all plans and specifications relating to such work to the Landlord, prior to the commencement of such work. Tenant shall reimburse Landlord for all costs and expenses incurred by Landlord for review of said plans and specifications and for any supervision deemed necessary by Landlord in connection with the work 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 delayedperformed by Tenant. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove All such alterations, decorations, additions or improvements made by it, provided shall be only in conformity with applicable governmental and insurance company requirements and regulations applicable to the Leased Premises. Tenant shall hold and save Landlord harmless and indemnify Landlord against any claim for damage to Premises resulting from such removal is repaired. Also, upon the expiration or injury in connection with any of the Initial Term foregoing work which Tenant may make as hereinabove provided. Tenant shall have no obligation to remove the initial installation of this Lease, Tenant if requested leasehold improvements to be constructed by Landlord shall remove any signs and repair any damages pursuant 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, etcArticle 3 hereof., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.

Appears in 1 contract

Sources: Lease Agreement (Lifecell Corp)

ALTERATIONS AND IMPROVEMENTS. Tenant (a) Sublandlord shall have the right at any time throughout the term of this Lease and any extensions hereof, no obligation to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions alterations or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Subleased Premises resulting from such removalfor Subtenant’s use or occupancy thereof. During the termExcept as otherwise provided in this Sublease, Tenant Subtenant shall not make any alterations, additions, improvementsimprovements or installations (collectively, non-cosmetic changes or other material changes to “Subtenant Improvements”) in the Subleased Premises without in each instance obtaining the prior written approval consent of Landlord, which approval both Master Landlord and Sublandlord. Sublandlord shall not unreasonably withhold delay or condition its consent and shall grant withhold or condition its consent promptly, but in no event later than within five days of its receipt of Master Landlord’s approval. If Master Landlord consents in writing to any Subtenant Improvements, and, if, in accordance with the Master Lease, such Subtenant Improvements are not required to be unreasonably withheld or delayed. Notwithstanding removed, then provided that Subtenant provides written notice to Sublandlord within fifteen (15) days of the foregoingcommencement of such Subtenant Improvements along with Master Landlord’s written consent thereto, Tenant then Sublandlord’s consent shall be permitted deemed to have been granted. If Subtenant performs Subtenant Improvements without obtaining the prior written consent of both Master Landlord and Sublandlord in violation of this Sublease or the Master Lease, Sublandlord (or Master Landlord) may remove the Subtenant Improvements, 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. If Sublandlord and Master Landlord consent to any Subtenant Improvements, Subtenant shall perform and complete Subtenant Improvements at its expense, in compliance with applicable laws and the Master Lease, and, upon expiration of the Sublease Term or prior termination of this Sublease, the Subtenant Improvements shall be the property of, Sublandlord or Master Landlord as the case may be, as provided in the Master Lease. (b) Subtenant shall be entitled without Master Landlord or Sublandlord’s consent, 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) Subtenant Improvements which do not affect the structure of the buildings, their systems Building or equipment. If Landlord approves which do not cost more than Twenty-Five Thousand Dollars ($25,000.00) per Subtenant Improvement nor an aggregate of Fifty Thousand Dollars ($50,000.00) in any alterations, additions, improvements, etctwelve (12) month period; provided that Subtenant shall be required to comply with the other provisions of Section 7 of the Master Lease., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, (c) Subject to the terms of whether Tenant shall, upon termination the Sublease and of this the Master Lease, either: (i) Subtenant shall 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 Subtenant Improvements prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration end of the PremisesSublease Term and shall restore the Subleased Premises to their condition as of the Sublease Commencement Date. If Master Landlord requires such removal and 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 Sublandlord in connection therewith.

Appears in 1 contract

Sources: Sublease Agreement (Agile Software Corp)

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

Sources: Lease (First State Financial Corp/Fl)

ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right to make alterations and improvements to the Premises, subject to the following terms and conditions: (a) No alterations or improvements made by Tenant shall in any way impair the structural stability of any building or improvement on the Premises or diminish the value of the Premises. (b) All alterations or improvements requiring an expenditure greater than Ten Thousand Dollars ($10,000) shall be first approved in writing by Landlord. (c) Tenant shall keep all of the Premises and every part thereof, including buildings and other improvements at any time throughout the term located thereon, free and clear of this Lease any and all mechanics’, materialmen’s, and other liens arising out of, or in connection with, any extensions hereofwork or services performed, or materials or appliances furnished to make Tenant as part of any alterations, improvements, or repairs that Tenant may make, or cause to be made, any alterations, additionson or about the Premises, or improvementsany obligations of any kind incurred by Tenant. Tenant further agrees to promptly and fully discharge any and all claims on which such liens might be based, and to hold Landlord free and harmless from any and all such liens and claims of liens and suits or install or cause other proceedings pertaining thereto. Should Tenant desire to be installed contest any trade fixturelien that may attach to the Premises, signsTenant shall first notify Landlord in writing of Tenant’s intention so to do within five (5) business days of the lien having been filed. In such a case, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayedconsidered in default hereunder until ten (10) business days after the final determination of the validity thereof, within which time Tenant shall satisfy and discharge the lien to the extent held valid. Upon The satisfaction and discharge of any such lien shall not, in any case, be delayed until execution is had on any judgment rendered on the lien, and that delay shall be a default of Tenant under this Lease. In the event of any such contest, Tenant shall protect and indemnify Landlord against all loss, cost, expense, and damage resulting from the contest. (d) All alterations and improvements made to the Premises shall become the property of Landlord and shall remain on and be surrendered with the Premises at the expiration or earlier termination of the Initial Term of this Lease, including any extension thereof. Notwithstanding any other provision in this Lease, Tenant shall have the option right to remove such alterations, decorations, additions or improvements made by it, provided any damage to its trade fixtures from the Premises resulting from such removal is repaired. Also, upon at the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon earlier termination of this Lease, either: (i) remove any such alterations or additions Lease term provided Tenant is not then in default under this Lease and provided that Tenant shall repair any damage to the Premises caused by that removal. (or e) All alterations and improvements shall comply with the buildings in which the Premises are located) occasioned by their installation or removal applicable laws, ordinances, and restore the Premises to substantially the same condition as existed prior to the time when regulations of any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of governmental authority with jurisdiction over the Premises.

Appears in 1 contract

Sources: Lease Agreement (American Reprographics CO)

ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any no 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 Landlordlandlord, which unless in each instance and for each such alteration, addition or improvement Landlord or a contractor approved by Landlord is hired to do such alterations, additions or improvements. Such approval shall not be unreasonably withheld or delayed. Notwithstanding in the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any case of alterations, improvements, etc. made additions or improvements to the Premises (excluding the facade thereof) which do not affect the structure interior of the buildings, their systems or equipment. If Landlord approves any premises if such alterations, additions, or improvements are normal for the use described in Item 1 (d) of this Lease, do not adversely affect utility of the Premises for future tenants, do not alter the exterior of the Building, and are accompanied by 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 Tenant. All such contractors hired by Tenant shall be, at levels and coverages prescribed by Landlord, bonded and insured, and Landlord may require evidence of same, which Tenant agrees to secure and provide Landlord prior to the commencement of any work by such contractors. All alterations, additions or improvements, etc.whether temporary or permanent in character, made in or upon the Premises, either by Landlord or Tenant, shall be Landlord's property and at the end of the term hereof shall remain in or upon the Premises without compensation to Tenant. If, however, Landlord shall notify Tenant, request in writing, along with Landlord’s approval noticeTenant will, of whether Tenant shall, upon prior to 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 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. Tenant shall keep the cost of removing premises and Building free from any liens arising from any work performed in accordance with this Lease. Any such alterations alterations, additions or additions improvements conducted by Tenant shall be in accordance with all federal, state and local laws, rules and regulations, including, without limitation, the restoration of the PremisesADA.

Appears in 1 contract

Sources: Sublease (Brite Voice 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 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 . Such approval shall not be unreasonably withheld in the case of alterations, additions or delayedimprovements to the interior of the Premises if such alterations, additions or improvements are normal for office use, do not adversely affect the 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 of bond provisions or waivers by the contractor in form satisfactory to Landlord sufficient to protect the Building from claims of lien of any sort, otherwise, such approval may be withheld for any reason whatsoever. Notwithstanding Such approval shall be subject to Tenant's compliance with all applicable zoning ordinances, rules and regulations, such compliance to be the foregoingsole responsibility and expense of Tenant. Furthermore, any alterations, additions or improvements by Tenant shall be permitted absolutely not affect the plumbing, electrical, or HVAC systems in the Premises or in the Building. Tenant shall conduct its work in such a manner as to make Minor Alterations (maintain harmonious labor relations and as defined below) without Landlord’s not to interfere with the operation of the Building and shall, prior written consentto the commencement of the work, submit to Landlord copies of all necessary permits. Minor AlterationsAll alterations, as used hereinadditions or improvements, whether temporary or permanent in character, either by Landlord or Tenant, shall be defined as any alterationsLandlord's property and, improvementsat the end of the Term hereof, etc. made to shall remain in or upon the Premises (excluding the facade thereof) which do not affect the structure of the buildingswithout compensation to Tenant. If, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc.however, Landlord shall notify Tenant, request in writing, along with Landlord’s approval noticeTenant will, of whether Tenant shall, upon prior to 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 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. In the event that the real estate taxes levied against the Premises (or the buildings in which the Premises Building are located) occasioned increased as a result of any alterations, additions or improvements made by their installation or removal and restore the Premises to substantially the same condition as existed prior Tenant to the time when any Premises, Tenant shall pay to Landlord as Additional Rental, upon demand, the amount 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 Premisesincrease.

Appears in 1 contract

Sources: Lease (Bf Enterprises Inc)

ALTERATIONS AND IMPROVEMENTS. Tenant  (a) Lessee shall have the right at any time throughout the term of this Lease and any extensions hereof, to not make or cause to be made, made any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Improved Leased Premises without the prior written approval consent of LandlordLessor (Lessor acknowledges it has reviewed and approved Lessee’s plans and specifications in connection with its contemplated improvements). All alterations, which approval shall not be unreasonably withheld additions or delayed. Notwithstanding the foregoing, Tenant improvements approved by Lessor shall be permitted to make Minor Alterations (as defined belowmade solely at Lessee’s expense by a contractor(s) without Landlord’s prior written consent. Minor Alterations, as used hereinapproved by Lessor, shall be defined made in a good and workmanlike manner and shall be performed in compliance with all laws, ordinances and requirements of any and all Federal, State, Municipal and/or other authorities, the Board of Fire Underwriters and any mortgages to which the Improved Leased Premises is subject. Any alteration, addition or improvement made by Lessee under this Section 5, and any fixtures installed as any alterationsa part thereof, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, at Lessor’s option, become the property of Lessor upon the expiration or other termination of this Lease. Lessor shall have the right, however, to require Lessee to remove such fixtures at Lessee’s cost upon such termination of this Lease, either: (i) and Lessee shall promptly remove any such alterations or additions the same and repair any damage to the Improved Leased Premises caused by such removal. Notwithstanding the preceding, Lessee shall not be obligated to remove any vault(s) installed in the Improved Leased Premises.  (b) In the event of a lien or claim of any kind, arising out of the exercise of the rights set forth hereunder by Lessee, its agents, employees, contractors, subcontractors, and materialmen, being filed against the interest of Lessor, any mortgagee and/or against the Improved Leased Premises, Lessee covenants and agrees that at its expense it will within thirty (30) days after written notice from Lessor, cause the Improved Leased Premises and any such interest therein to be released from the legal effect of such lien or claim, either by payment or by posting of bond or by the payment into court of the amount necessary to relieve and release the Improved Leased Premises or the buildings interest from such claim or in which any manner satisfactory to Lessor and any mortgagee. If Lessee desires to contest the Premises are located) occasioned by their installation validity of any lien or removal and restore the Premises to substantially the same condition as existed claim, Lessee may do so upon Lessor's prior to the time when any such alterations or additions were madewritten consent, or (ii) reimburse Landlord for provided Lessee sustains the cost of removing such alterations contest, and Lessee remains liable to pay or additions discharge any lien or claim deemed to be due or payable. Lessee hereby indemnifies and the restoration holds Lessor harmless against any and all liability, loss or damage sustained by Lessor by reason of the Premises.such contest, unless such contest arises from any negligent or intentional act or omission of Lessor. 

Appears in 1 contract

Sources: Commercial Lease Agreement (Embassy Bancorp, Inc.)

ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant absolutely shall not make any alterations, additionsadditions or improvements to or in the Building outside the Premises. Furthermore, improvementsTenant shall make no alterations, non-cosmetic changes additions or other material changes improvements to or in the Premises without the prior written approval of Landlord, which unless in each instance and for each such alteration, addition or improvement Landlord or a contractor approved by Landlord is hired to do such alterations, additions or improvements. Such approval shall not be unreasonably withheld or delayed. Notwithstanding in the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any case of alterations, improvements, etc. made additions or improvements to the Premises (excluding the facade thereof) which do not affect the structure interior of the buildings, their systems or equipment. If Landlord approves any Premises if such alterations, additions, or improvements are normal for the use described in Item 1 (d) of this Lease, do not adversely affect utility of the Premises for future tenants, do not alter the exterior of the Building, and are accompanied by insurance satisfactory to Landlord and by prepayment or bond provisions or waivers by the contractor in form satisfactory to Landlord sufficient to protect the Building from claims of lien of any sort; otherwise, such approval may be withheld for any reason whatsoever. Furthermore, such alterations, additions or improvements absolutely shall not affect the mechanical, plumbing, electrical and HVAC systems in the Premises or the Building and shall not be of a structural nature. Tenant shall conduct its work in such a manner as to maintain harmonious labor relations and as not to interfere with the operation of the Building and shall, prior to the commencement of the work, submit to Landlord copies of all necessary permits. Landlord reserves the right to have final approval of the contractors hired by Tenant. All such contractors hired by Tenant shall be, at levels and coverages prescribed by Landlord, bonded and insured, and Landlord may require evidence of same, which Tenant agrees to secure and provide Landlord prior to the commencement of any work by such contractors. All alterations, additions or improvements, etc.whether temporary or permanent in character, made in or upon the Premises, either by Landlord or Tenant, shall be Landlord's property and at the end of the term hereof shall remain in or upon the Premises without compensation to Tenant. If, however, Landlord shall notify Tenant, request in writing, along with Landlord’s approval noticeTenant will, of whether Tenant shall, upon prior to the expiration or earlier termination of this Lease, either: (i) remove any such alterations or and all alterations, additions and improvements placed or installed by Tenant in the Premises, and will repair any damage caused by such removal. All of Tenant's furniture, movable trade fixtures and equipment not attached to the Premises (Building may be removed by Tenant at the expiration of this Lease, if Tenant so elects, and shall be so removed, if required by Landlord, and, if not so removed, shall, at the option of Landlord, become the property of Landlord. To the extent Tenant makes any alterations, additions or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior improvements and/or to the time when any extent Landlord on behalf of Tenant under an "Extra Work Agreement" makes such alterations alterations, additions or additions were madeimprovements, and as a result thereof it can be determined that thereupon was caused an increase in real estate taxes or (ii) reimburse insurance premiums, then Tenant shall be responsible for reimbursing Landlord for the cost of removing such alterations or additions and the restoration of the Premisesincreases as Landlord may pay.

Appears in 1 contract

Sources: Lease Agreement (Cimetrix Inc)

ALTERATIONS AND IMPROVEMENTS. Tenant shall have not alter or improve the right at any time throughout Premises without the term prior written consent of this Lease and any extensions hereofLandlord, provided, however, that Tenant shall be permitted to reasonably decorate the interior of the Premises, to make include, without limitation, installing or cause attaching to the Premises artwork and other ordinary wall decor, such as, again, without limitation, pictures, maps, white boards, bulletin boards, interior signage, educational diplomas and the like. Before making any alterations or improvements, Tenant will submit to Landlord plans and specifications setting forth in detail any proposed alterations, improvements, and work to be madeperformed. Landlord's approval of Tenant's plans shall not, unless expressly set forth therein, be deemed to create any obligation on the part of the Landlord to do any work, to pay for the cost of any work or materials, or to authorize Tenant to make any other alterations in or about the Premises. In the event consent is given by Landlord, and unless otherwise specified by Landlord in writing, any and all alterations, additions, or improvements, and fixtures made or install placed in or cause to on the Premises shall be installed any trade fixturemade at Tenant's sole expense, signs, floor covering, interior and upon the natural expiration or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term sooner termination of this Lease, Tenant shall belong to Landlord without compensation to Tenant. In the alternative, Landlord shall have the option to require Tenant, at Tenant's expense, to promptly remove any or all of such alterations, decorationsadditions, additions or improvements made by itimprovements, provided any damage and fixtures and to restore the Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from same condition as existed before such removalalterations, additions, improvements, and fixtures were installed or made, excepting reasonable wear and tear, condemnation and uninsured damage or destruction as a result of one or more circumstances or events not within Tenant's control. During the termIn all cases, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes and fixtures shall be installed or other material changes made subject to the following conditions: (a) The outside appearance and structural integrity of the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld adversely affected. (b) The proper functioning of any of the mechanical, electrical, sanitary or delayed. Notwithstanding other systems of the foregoing, Tenant building shall not be permitted to make Minor Alterations adversely affected. (as defined belowc) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as Before making any alterations, alterations or improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writingat Tenant's expense, along will procure any and all necessary governmental permits. (d) Tenant will provide Landlord with Landlord’s approval notice, certificates of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which insurance verifying that all laborers performing work at the Premises are locatedcovered by workmen's compensation insurance and general liability insurance. (e) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such All alterations or additions were madeimprovements shall be made in compliance with applicable laws and requirements of public authorities, and Tenant will discharge, at Tenant's expense, any violations related thereto. (f) Tenant shall indemnify and hold Landlord harmless from and against any and all liability, damages, expenses, fees, penalties, actions, causes of action, suits, costs, claims or (ii) reimburse Landlord for the cost judgments arising, either directly or indirectly, as a result of removing such injury to persons or property occasioned or resulting from Tenant's alterations or additions and the restoration of the Premisesimprovements.

Appears in 1 contract

Sources: Commercial Lease (Carbiz Inc)

ALTERATIONS AND IMPROVEMENTS. Tenant Lessee shall have not make or allow to be made any alterations, physical additions or improvements in or to the right Expansion Premises beyond the initial tenant improvements, if any, without first obtaining Landlord's written consent, which consent may be granted or withheld in the sole discretion of Landlord. Upon Landlord's request, Lessee will furnish plans and specifications for any proposed alterations, additions or improvements and shall reimburse Landlord for its reasonable costs to review such plans. Any alterations, physical additions or improvements shall at once become the Property of Lessor; provided, however, Lessor, at its sole option may require Lessee to remove any time alterations, additions or improvements in order to restore the Expansion Premises to the condition existing on the Commencement Date. All costs of any such alterations, additions or improvements shall be borne by Lessee. All alterations, additions or improvements must be made in good, first class, workmanlike manner that does not disturb other tenants (i.e.: any loud work must be performed during no-business hours) and Lessee must maintain such liability and builder's risk insurance as Lessor may reasonably require throughout construction. Lessee does hereby indemnify, defend and hold Lessor harmless from and against all claims for damage or destruction of property arising out of the performance of any such alterations, additions or improvements made by or on behalf of Lessee. Under no circumstances shall Lessor be required to pay during the term of this Lease and any extensions hereofor renewals thereof, any ad valorem or Property tax on such alterations, additions or improvements, Lessee hereby covenanting to make or cause to be made, pay all such taxes when they become due. In the event any alterations, additions, improvements or improvements, or install or cause repairs are to be installed performed by contractors or workmen other than Lessor's contractors or workmen, any trade fixture, signs, floor covering, interior such contractors or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant workmen must first be approved in writing by Lessor. Lessor agrees to assign to Lessee any rights it may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon have against the expiration contractor of the Initial Term of this Lease, Tenant shall have the option Expansion Premises with respect to remove such alterations, decorations, additions or any work performed by said contractor in connection with improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon Lessor at the expiration request of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcLessee., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.

Appears in 1 contract

Sources: Lease Agreement (Open Solutions Inc)

ALTERATIONS AND IMPROVEMENTS. (a) Tenant acknowledges that it is leasing the Leased Premises “as is” and “where is” and that Landlord is not responsible for making any Tenant improvements or alterations. Tenant shall have the right at not make any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, alterations additions or install installments to 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 at the Leased Premises without Landlord’s prior written approval, which approval shall will not be unreasonably withheld or delayed. (b) ▇▇▇▇▇▇ hereby releases and agrees to hold Landlord forever harmless from any and all claims and liabilities of any kind and description which may arise out of or be connected in any way with improvements, alterations, additions or installations on or to the Leased Premises. Tenant shall pay the cost of all such improvements, alterations, additions, or installations and also the cost of interior painting, restoring or repairing the Building occasioned by such improvements, alterations, additions, or installations. (c) Any improvements, alterations, additions or installations made by Tenant shall comply with all insurance requirements and all laws, ordinances, rules and regulations of all applicable governmental authorities, and shall be constructed in a good and workmanlike manner., and shall immediately become the property of Landlord and surrendered to Landlord upon the expiration or termination of this Lease, unless required to be removed as provided in the next sentence. Upon the expiration of the Initial Term or other termination of this Lease, Tenant shall have the option to shall, upon written demand by Landlord, at ▇▇▇▇▇▇’s sole cost and expense, promptly and with all due diligence remove such 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 and designated by Landlord to be removed and 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 Building caused 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 Premisesremoval.

Appears in 1 contract

Sources: Lease Agreement

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 Term. (b) If Tenant makes any Alterations pursuant to this Paragraph 13 or as required by Paragraph 12 or 17 (such Alterations and actions being hereinafter collectively referred to as "Work") whether or not Landlord's consent is required, then (i) the market value of the Leased Premises shall not be lessened by any such Work or its usefulness impaired, (ii) all such Work shall be performed by Tenant in a good and workmanlike manner, (iii) all such Work shall be expeditiously completed in compliance with all Legal Requirements, (iv) all such Work shall comply with the Insurance Requirements, (v) if any such Work involves the replacement of Equipment or parts thereto, all replacement Equipment or parts shall be in the condition required by Paragraph 12(a), (vi) Tenant shall promptly discharge or remove all liens filed against any of the Leased Premises arising out of such Work, (vii) Tenant shall procure and pay for all permits and licenses required in connection with any such Work, (viii) all such Work shall be the property of Landlord and shall be subject to this Lease, and Tenant shall have execute and deliver to Landlord any reasonable document requested by Landlord evidencing the option assignment to remove such alterationsLandlord of all estate, decorationsright, additions title and interest (other than the leasehold estate created hereby) of Tenant or improvements made any other Person thereto or therein, and (ix) Tenant shall comply, to the extent requested by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of Landlord or required by this Lease, Tenant with the provisions of Paragraphs 12(a) and, 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 work is in excess of the buildingsMajor Alterations Amount, their systems with the provisions of 19(a)(i), whether 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 not such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the Work involves restoration of the Leased Premises.

Appears in 1 contract

Sources: Lease Agreement (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 At the expiration of the Initial Term or earlier termination of this Lease, Tenant shall have deliver up the option Premises with all improvements located thereon (including all mechanical, plumbing and HVAC systems) in good repair and condition, reasonable wear and tear excepted and also excepting any casualty to the extent Landlord is adequately and sufficiently compensated therefor by means of available insurance proceeds, and shall deliver to Landlord all keys to the Premises. Tenant shall also remove such alterations, decorations, additions or improvements made by it, provided any damage all trash and debris from the Premises and leave same in a "broom clean " condition. The cost and expense repairs necessary to Premises resulting from such removal is repaired. Also, upon restore the expiration condition of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages Premises to the Premises resulting from such removalcondition in which they are to be delivered to Landlord according to the immediately preceding sentence shall be borne by Tenant. During the term, Tenant shall will not make or allow to be made any alterations, additions, improvements, non-cosmetic changes alterations or other material changes physical additions in or to the Premises without the prior written approval consent of Landlord, which approval consent shall not be unreasonably withheld as to interior, cosmetic, non-structural alterations. All alterations, additions or delayed. Notwithstanding improvements (whether temporary or permanent in character) made in or upon the foregoingPremises, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used hereineither by Landlord or Tenant, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems Landlord's property on expiration or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon earlier termination of this Lease, either: (i) remove any such alterations or additions Lease and repair any damage to shall remain on the Premises (without compensation to Tenant. All furniture, movable trade fixtures and equipment installed by Tenant may be removed by Tenant at me expiration or earlier termination of this Lease if Tenant so elects, and shall be so removed if required by Landlord, or if not so removed shall, at the option of Landlord, become the property of Landlord. All such installations, removals and restoration shall be accomplished in a good, workmanlike manner so as not to damage the Premises or the buildings in which the Premises are located) occasioned by their installation primary structure or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration structural qualities of the PremisesBuilding, the other improvements or the plumbing, electrical lines or other utilities.

Appears in 1 contract

Sources: Industrial Lease Agreement (Mohawk Industries Inc)

ALTERATIONS AND IMPROVEMENTS. Tenant (a) The Lessee shall have the privilege from time to time of making Additional Improvements to the Facility Realty as it may determine in its discretion to be desirable for its uses and purposes, provided that: (i) as a result of the Additional Improvements, the fair market value of the Facility is not reduced below its fair market value immediately before the Additional Improvements are made and the usefulness, structural integrity or operating efficiency of the Facility is not materially impaired, (ii) the Additional Improvements are effected with due diligence, in a good and workmanlike manner and in compliance with all applicable Legal Requirements, (iii) the Additional Improvements are promptly and fully paid for by the Lessee in accordance with the terms of the applicable contract(s) therefor, and (iv) the Additional Improvements do not change the nature of the Facility so that it would not constitute the Approved Facility and a qualified “project” within the meaning of the Act. (b) All Additional Improvements shall constitute a part of the Facility, subject to the Master Lease Agreement, the ▇▇▇▇▇▇▇▇▇ Agreement, the Condominium Documents, the Company Lease and this Agreement. (c) If at any time after the Operations Commencement Date, the Lessee shall make any Additional Improvements, the Lessee shall (i) notify an Authorized Representative of the Agency of such Additional Improvements by delivering written notice thereof within thirty (30) days after the completion of the Additional Improvements, and (ii) take the actions required by Section 3.1(f) of the Uniform Project Agreement. (d) In addition to the Facility Personalty, the Lessee shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause permit to be installed any trade fixtureat the Facility Realty, signsmachinery, floor coveringequipment and other personal property at the Lessee’s own cost and expense (the “Lessee’s Property”). Once so installed, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlordthe Lessee’s prior written approval, which approval Property shall not constitute Facility Personalty and shall not be unreasonably withheld subject to the Company Lease or delayed. Upon the expiration this Agreement, nor constitute part of the Initial Term of this LeaseFacility, Tenant provided that the same is not made fixtures appurtenant to the Facility Realty. The Lessee shall have the option right to remove such alterationscreate or permit to be created any mortgage, decorationsencumbrance, additions lien or improvements made by itcharge on, provided any damage to Premises resulting from such removal is repaired. Alsoor conditional sale or other title retention agreement with respect to, upon the expiration Lessee’s Property, without the consent of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages or notice to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcAgency., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.

Appears in 1 contract

Sources: Agency Lease Agreement

ALTERATIONS AND IMPROVEMENTS. Alterations and improvements shall be made by Landlord in accordance with Paragraph 54th. However, alterations or additions may be made by Landlord on the Leased Premises without the prior written consent of Tenant. Any alterations or additions made to the Premises including improvements and alterations made by Tenant with the consent of Landlord shall, at Landlord’s option, become part of the building and belong to Landlord. Any alterations or additions to the Premises consented to by Landlord and made by Tenant, unless designated by Landlord to become part of the realty and Landlord’s property, shall be removed by Tenant and the Leased Premises restored to its previous condition by the expiration of the Lease term. Landlord agrees to designate that property which shall become Landlord’s at least thirty (30) days prior to the expiration of the Lease term. Should Tenant desire to alter the Leased Premises and Landlord gives written consent to such alterations, at Landlord’s option, Tenant shall have contract with Landlord for the right at any time throughout construction of the term of this Lease alterations and any extensions hereofTenant shall pay Landlord the cost, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayedplus a reasonable allowance for overhead and profit. Upon the expiration of or sooner termination of the Initial Term of this Leasetenancy hereby created, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to peaceably surrender the Premises resulting from in broom clean condition, reasonable wear and tear excepted. At such removal. During the termtime, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to surrender all keys for the Premises without to Landlord at the prior written approval place then fixed for the payment of Landlordrent and shall inform Landlord of all combinations on locks, which approval shall not be unreasonably withheld or delayedsafes and vaults, if any, in the Premises. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterationsremove all its trade fixtures, as used hereinphone systems, shall be defined as any alterationsalarm systems, improvementswiring, etc. made to cables and all other similar systems and wiring before surrendering the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord and shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (caused thereby. Only those improvements, modifications or the buildings alterations which Landlord notifies Tenant in which writing Landlord wishes to retain shall not be removed. Any property of Tenant left at the Premises are located) occasioned by their installation at the expiration or removal sooner termination of this Lease shall be deemed abandoned and restore Landlord may dispose of such property without further notice to Tenant and at the Premises sole cost and expense of Tenant. Tenant’s obligation to substantially observe or perform this covenant shall survive the same condition as existed prior to the time when any such alterations expiration or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration other termination of the Premisesterm of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Telvue Corp)

ALTERATIONS AND IMPROVEMENTS. Following the Term Commencement Date, Tenant shall have the right may, at any time throughout its option during the term of this Lease without the written approval of Landlord, move or alter movable partitioning, furnishings, and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or electrical lighting, plumbing fixturesprovided the electrical lighting is not disconnected from its power source, shades or awnings, within the Premises at its sole cost and expense as may be required in Tenant’s sole determination by the business conducted therein. Tenant may deem necessary or suitable with Landlord’s shall not make any other alteration to the Premises without first obtaining the prior written approvalconsent of Landlord, which approval consent shall not be unreasonably withheld or delayed. Upon All such alterations, improvements and replacements which require the prior written consent of Landlord shall remain the property of Tenant and may be removed from the Premises at any time during the term or at the termination of Tenant’s occupancy hereunder, provided that any damage caused by such removal shall be repaired by Tenant. Tenant may at its option elect not to remove any or all of such improvements, installations or replacements in which case the same shall become the property of Landlord upon Tenant’s surrender of the Premises; provided, however, that Landlord may require Tenant to remove any such additions, installations or replacements by written notice from Landlord to Tenant received by Tenant within fifteen (15) days prior to the expiration of the Initial Term term of this LeaseLease if such additions, installations or replacements are structural or substantial. Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided agrees that any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any all alterations, additions, or replacements shall be made in compliance with the building codes and ordinances, laws and regulations applicable to the Premises. Should a building or other permit or permits be required by Tenant to accomplish any improvements, non-cosmetic changes installations or other material changes replacements provided for in this paragraph, Landlord will execute, at Tenant’s expense, any necessary documents which are consistent with the terms of this Lease. With respect to the Premises without the prior written approval any approvals to be given by Landlord or with respect to any supervision which may be required of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoingLandlord under this paragraph, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the PremisesLandlord’s reasonable out-of-pocket expenses.

Appears in 1 contract

Sources: Standard Property Lease (Gsi Group Inc)

ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, (a) Tenant shall not make any alterations, additions, improvements, non-cosmetic changes additions or other material changes improvements to the Premises without Property (the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below"Alterations") without Landlord’s 's prior written consent. Minor Alterations, as used hereinexcept for interior non-structural Alterations which do not exceed $10,000.00 in cost which are not visible from the outside of the Building and which meet all applicable laws and building codes, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) and which do not affect the structure insurability or cost of insuring the Premises. In no event shall Alterations reduce the size of the buildingsBuilding or reduce the value of the Property. Tenant shall submit to Landlord detailed plans and specifications for Alterations requiring Landlord's consent and reimburse Landlord for all reasonable expenses incurred by Landlord in connection with its review thereof. Tenant shall also provide to landlord for its reasonable approval the identity of the contractor Tenant proposes to employ to construct. the Alterations for those Alterations requiring Landlord's consent. All Alterations shall be accomplished in accordance with the following conditions: (1) Tenant shall procure all governmental permits and authorizations for the Alterations, their systems or equipmentand obtain and provide to Landlord an official certificate of occupancy and/or compliance upon completion of the Alterations, if appropriate. (2) Tenant shall arrange for extension of its general liability insurance to apply to the construction of the Alterations. If Further, Tenant shall procure and maintain Builders Risk Casualty Insurance in the amount of the full replacement cost of the Alterations and statutory Workers Compensation Insurance covering persons employed in connection with the work. (3) Tenant shall construct the Alterations in a good and workmanlike manner utilizing materials of quality commensurate with others in the building and in compliance with all laws and governmental regulations. (b) Upon completion of the Alterations, if Landlord approves any alterationsso requests, additionsTenant shall provide Landlord with "as built" reproducible transparency plans of the Alterations; however, improvements, etcTenant will not be required to provide plans for non-structural alterations which do not require a building permit., (c) Alterations shall be the property of Landlord and shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, remain on the Property upon termination of this Leasethe Lease or, either: (i) remove any such alterations if Landlord so requires, a portion of or additions and repair any damage to the Premises (all Alterations shall be removed by Tenant on or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration termination of the PremisesLease and Tenant shall restore the Property to its condition prior to such Alterations, reasonable wear and tear excepted. Landlord will, upon Tenant's request, notify Tenant of those Alterations which must be removed at Lease end.

Appears in 1 contract

Sources: Lease Agreement (Transact Technologies Inc)

ALTERATIONS AND IMPROVEMENTS. Except for minor, decorative alterations which do not affect the Building structure or systems, are not visible from outside the Premises and do not cost in excess of $10,000.00 in the aggregate, Tenant shall have not make or allow to be made any alterations, physical additions or improvements in or to the right Premises without first obtaining in writing Landlord's written consent for such alterations or additions, which consent may be granted or withheld in the sole, unfettered discretion of Landlord (if the alterations will affect the Building structure or systems or will be visible from outside the Premises), but which consent shall not be unreasonably withheld (if the alterations will not affect the Building structure or systems and will not be visible from outside the Premises). Upon Landlord's request, Tenant will furnish Landlord plans and specifications for any proposed alterations, additions or improvements and shall reimburse Landlord for its reasonable cost to review such plans. Any alterations, physical additions or improvements shall at once become the property of Landlord; provided, however, Landlord, at its option, may require Tenant to remove any time alterations, additions or improvements in order to restore the Premises to the condition existing on the Commencement Date. All costs of any such alterations, additions or improvements shall be borne by Tenant. All alterations, additions or improvements must be made in a good, first-class, workmanlike manner and in a manner that does not disturb other tenants (i.e., any loud work must be performed during non-business hours) and Tenant must maintain appropriate liability and builder's risk insurance throughout the term construction. Tenant does hereby indemnify and hold Landlord harmless from and against all claims for damages or death of persons or damage or destruction of property arising out of the performance of any such alterations, additions or improvements made by or on behalf of Tenant. Under no circumstances shall Landlord be required to pay, during the Term of this Lease and any extensions hereofor renewals thereof, any ad valorem or Property tax on such alterations, additions or improvements, Tenant hereby covenanting to make or cause to be made, pay all such taxes when they become due. In the event any alterations, additions, improvements or improvements, or install or cause repairs are to be installed performed by contractors or workmen other than Landlord's contractors or workmen, any trade fixture, signs, floor covering, interior such contractors or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not workmen must first be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etc., Landlord shall notify Tenantapproved, in writing, along with by Landlord’s approval notice, . Landlord agrees to assign to Tenant any rights it may have against the contractor of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or with respect to any work performed by said contractor in connection with improvements made by Landlord at the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost request of removing such alterations or additions and the restoration of the PremisesTenant.

Appears in 1 contract

Sources: Lease Agreement (Emageon Inc)

ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have the option to remove such alterations, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes improvements to the Leased Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s 's prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any Any and all alterations, additions, improvements, etc., or improvements approved by the Landlord shall notify and made by the Tenant, in writing, along with Landlordat Tenant’s approval notice, of whether Tenant shallsole cost and expense, upon the Leased Premises shall be the property of Landlord and shall remain upon and be surrendered with the Leased Premises at the termination of this Lease, either: (i) provided, however, upon the termination or expiration of this Lease, Tenant shall immediately notify Landlord in writing of whether or not it intends to remove any of its playground equipment from the Leased Premises. If Tenant intends to remove such alterations playground equipment from the Leased Premises, as specified in the above notice requirement, it must do so at its sole cost and expense and complete such removal within sixty (60) days of the termination or additions expiration of the Lease Term. Landlord shall have the option, upon the expiration or sooner termination of this Lease, to require the Tenant to remove certain or all of the improvements from the Leased Premises. In that event, Tenant must do so at its sole cost and repair expense and complete such removal within sixty (60) days of the termination or expiration of the Lease Term. Upon removal of any damage to the Premises (or the buildings in which the Premises are located) occasioned improvements by their installation or removal Tenant, Tenant shall, at its sole cost and expense, restore the Leased Premises to substantially its original condition at the same condition as existed prior to the time when any beginning of this Lease. All such alterations or additions were madealterations, improvements, or (ii) reimburse Landlord for the cost of removing such alterations or additions physical changes shall be done at Tenant's sole expense and the restoration of the Premisesshall be performed in a good and workmanlike manner by a reputable contractor.

Appears in 1 contract

Sources: Lease Agreement

ALTERATIONS AND IMPROVEMENTS. Except for minor, decorative alterations which do not affect the structural, exterior or roof elements of the Property or the mechanical, electrical, plumbing or life safety systems of the Property, are not visible from outside the Premises and do not cost in excess of $25,000.00 in the aggregate, Tenant shall have not make or allow to be made any alterations, physical additions or improvements in or to the right Premises without first obtaining in writing Landlord’s written consent for such alterations or additions, which consent shall not be unreasonably withheld unless such alterations will affect the structural, exterior or roof elements of the Property or the mechanical, electrical, plumbing or life safety systems of the Property or will be visible from outside the Premises. Upon Landlord’s request, Tenant shall deliver to Landlord plans and specifications for any proposed alterations, additions or improvements and shall reimburse Landlord for Landlord’s reasonable cost to review such plans. Any alterations, physical additions or improvements shall at once become the property of Landlord; provided, however, that, Landlord, at its option, may require Tenant to remove any alterations, additions or improvements in order to restore the Premises to the condition existing on the Commencement Date. Notwithstanding the foregoing to the contrary, if Tenant desires permission to leave a specific alteration in the Premises at the expiration or earlier termination of the Lease, Tenant shall request such permission from Landlord in writing at the time Tenant requests approval for such alteration and Landlord shall advise Tenant in writing at the time of Landlord’s approval of the subject alteration whether Landlord will require the removal of the alteration at the expiration or earlier termination of this Lease. All costs of any such alterations, additions or improvements shall be borne by Tenant. All alterations, additions or improvements shall be made in a good, first-class, workmanlike manner and in a manner that does not disturb other tenants, if any, and Tenant must maintain adequate liability and builder’s risk insurance throughout the term construction. Tenant does hereby indemnify and hold Landlord harmless from and against all claims for damages or death of persons or damage or destruction of property arising out of the performance of any such alterations, additions or improvements made by or on behalf of Tenant. Under no circumstances shall Landlord be required to pay, during the Term of this Lease and any extensions or renewals hereof, any ad valorem or Property tax on such alterations, additions or improvements, Tenant hereby covenanting to make or cause to be made, pay all such taxes when they become due. In the event any alterations, additions, improvements or improvements, or install or cause repairs are to be installed any trade fixture, signs, floor covering, interior performed by contractors or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with workmen other than Landlord’s prior written approvalcontractors or workmen, any such contractors or workmen must first be approved, in writing, by Landlord (which approval shall not be unreasonably withheld or delayedwithheld). Upon Landlord agrees to assign to Tenant any rights Landlord may have against the expiration contractor of the Initial Term of this Lease, Tenant shall have the option Premises with respect to remove any work performed by such alterations, decorations, additions or contractor in connection with improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon Landlord at the expiration request of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcTenant., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.

Appears in 1 contract

Sources: Industrial Lease Agreement (Applied Imaging 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 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; nor obstruct or permit any obstruction, alteration, addition, improvement, decoration or installation in the Premises without first obtaining the written permission of the Landlord. All alterations, additions, improvements, non-cosmetic changes decoration or other material changes to installations, including, but not limited to, partitions, railings, electrical and telephone outlets, air conditioning ducts or equipment (except movable furniture and fixtures put in at the Premises expense of Tenant and removable without defacing or injuring the prior written approval building or the Premises) shall become the property of the Landlord at the termination of the Term. Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding however, reserves the foregoingoption to require Tenant, Tenant shall be permitted upon demand in writing, 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, remove all fixtures and 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: decorations or installations (iincluding those not removable without defacing or injuring the leased Premises) 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 when originally leased to Tenant, reasonable wear and tear excepted. Tenant agrees to restore the time when any such alterations or additions were madePremises immediately upon the receipt of the said demand in writing at his own cost and expense and agrees in case of his failure to do so, or (ii) reimburse Landlord for may do so and collect the cost thereof from Tenant as hereinafter provided. In order to promote an aesthetically attractive, uniform appearance of removing such alterations or additions and said building from the restoration exterior, the Landlord shall furnish a standard building blind to be used on all exterior windows (regardless of interior treatment) of the Premises. Tenant shall not place anything or allow anything to be placed near the glass of any door, partition, wall or window which may be unsightly from outside the Premises. Landlord grants Tenant limited authorization to install low voltage wiring for communication and automation purposes. Any other wiring would require Landlord's approval. The Tenant Improvements approved by Landlord and outlined in PARAGRAPH 39.01 are excluded from this clause.

Appears in 1 contract

Sources: Lease Agreement (Neomedia Technologies Inc)

ALTERATIONS AND IMPROVEMENTS. Tenant shall not create any openings in the roof or exterior walls, nor make any structural alterations, additions or improvements to the premises without the prior written consent of the Landlord. All alterations, installations, additions and improvements, including fixtures and improvements, whether temporary or permanent in character, made in, to or on the premises, with or without Landlord's permission, except unattached, movable trade fixtures and office furniture shall immediately, upon the installation thereof, become and be the property of Landlord and shall remain upon and be surrendered with the premises, except that Landlord shall notify Tenant in writing thirty (30) days prior to the termination of this Lease whether Landlord desires to have the premises, or any part thereof, restored to the condition that they were in prior to the making of such additions, alterations, installations and improvements, and if Landlord shall so desire, then Tenant shall forthwith restore said premises or such part or parts thereof and repair any damage caused by Tenant, if necessary, to restore said premises to their original condition, excepting only normal wear and tear, entirely at its own expense. Tenant shall have the right to erect or install shelves, bins and other trade fixtures provided that Tenant complies with all applicable governmental laws, and such may be removed at any time throughout the term termination 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, 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 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 prior to the termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to caused by such removal. Any alterations, improvements, additions or utility installations in or about the Premises (that Tenant shall desire to make shall be presented to Landlord in written form, with detailed plans. If Landlord shall give its consent to Tenant's making such alteration, improvement, addition or utility installation, the buildings in which consent shall be deemed conditioned upon Tenant acquiring a permit to do so from the Premises are located) occasioned by their installation or removal and restore the Premises applicable governmental agencies, furnishing a copy thereof to substantially the same condition as existed Landlord prior to the time when any commencement of the work, and compliance by Tenant with all conditions of said permit in a prompt and expeditious manner. Should Landlord permit Tenant to make its own alterations, improvements, additions or utility installations, Tenant shall use only such alterations or additions were madecontractor as has been expressly approved by Landlord and Landlord may require Tenant to provide Landlord, or (ii) reimburse Landlord for at Tenant's sole cost and expense, a lien and completion bond in an amount equal to one and one-half the estimated cost of removing such alterations improvement, to insure Landlord against any liability for mechanic's and materialmen's liens and to ensure completion of the work. Landlord reserves the right to install new or additions additional utility facilities throughout the Premises, including such utilities as plumbing, electrical systems, communication systems, and the restoration fire protection and burglar alarm, so long as such installations do not unreasonably interfere with Tenant's use of the Premises.

Appears in 1 contract

Sources: Standard Office Lease (Service 1st Bancorp)

ALTERATIONS AND IMPROVEMENTS. Tenant shall have not make any alterations or improvements in or to the right Premises without the written consent of Landlord, provided, however, Tenant may make alterations to the Premises in amounts less than $5,000 upon prior written notice to Landlord. Notice must provide specific detail as to the budget and scope of work and must also include copies of insurance certificates, licenses for contractors, and any and all approved building permits required. At the time Landlord receives such notice or a request for consent to any improvements in excess of $5,000, Landlord shall inform Tenant in writing whether or not such particular improvements are to be removed at the termination of this Lease or are to remain in the Premises. If required by Landlord, such improvements or alterations shall be performed by Landlord, at the cost of Tenant, provided that such cost is competitive. Any approved alteration or improvement shall be done by contractors approved by Landlord (such approval not to be unreasonably withheld) and in a good and workmanlike manner and in a manner so that the structural integrity of the Building shall not be impaired. Tenant shall obtain all necessary permits and, at Landlord's option, shall submit to Landlord architectural renderings and insurance and lien waivers to Landlord required by Landlord. Upon the making of such alterations or improvements the same shall become the property of Landlord; provided, however, that, at its option, Landlord may, on the termination of this Lease require that Tenant remove the same at no expense to Landlord and repair any time throughout damage caused by such removal and that the Premises shall be left by Tenant in the condition that the Premises were in at the commencement of the term of this Lease Lease, ordinary wear and tear excepted. Tenant shall comply with all governmental requirements; including but not limited to building, electrical and plumbing codes. All work performed shall be done in such a manner as not to disturb or disrupt the operation of the Park or of any extensions hereofother occupants in the Park. Following completion of any changes, to make or cause to be made, any alterations, additions, additions or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayed. Upon the expiration of the Initial Term of this Lease, Tenant shall have furnish Landlord with current "as-built" drawings and specifications for the option to remove Premises reflecting such alterations, decorationschanges, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from Premises. Any increase in the Real Estate Taxes or insurance premiums on the Park attributable to such removal. During the termchange, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes addition or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant improvements shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcpaid by Tenant., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.

Appears in 1 contract

Sources: Lease Agreement (Farmstead Telephone Group Inc)

ALTERATIONS AND IMPROVEMENTS. ▇. ▇▇▇▇▇▇ acknowledges that Landlord owns the Building(s). Tenant shall have accepts the right at any time throughout Building(s) from Landlord in its "as is" conditions, the term conditions that exist as of the Effective Date of this Lease Lease. Tenant acknowledges that Landlord makes no representation or warranty concerning (i) the physical condition of the Building(s); (ii) the Property's suitability for Tenant's proposed use; or (iii) the presence of any Hazardous Substance in or about the Property or the Building(s), except as otherwise expressly set forth in this Lease. Landlord has encouraged Tenant to make its own physical inspection of all aspects of the Property and any extensions hereof, the Building(s) and to conduct its own investigation as to the suitability of the Property and the Building(s) for Tenant's use. B. If Tenant proposes to make or cause to be made, construct any alterations, additionsimprovements, additions or fixtures that affect any portion of the Property or any structures located on the Property that are allowed under an existing use permit, Tenant shall first provide the Landlord with thirty (30) days prior written notice. If Landlord raises no objections within thirty (30) days after receipt of such notice, Tenant may proceed, provided Tenant obtains all required permits. Tenant shall not attach any fixture or item of equipment to the Building without ▇▇▇▇▇▇▇▇'s prior written consent. All such alterations, additions or improvements shall be made at Tenant's sole expense in accordance with Landlord's General Design Requirements (if any) and the plans and specifications (including specifications for materials to be used in connection therewith) and a statement of the estimated cost of such work submitted to and approved by Landlord (collectively the "Plans and Specifications"). If the cost thereof exceeds $15,000 for any single instance, or improvementsif the proposed work involves the Building structure or utility systems, any contractor or install person selected by Tenant to make the same shall first be approved by Landlord. Landlord, in its sole discretion, shall approve or cause disapprove Tenant's request and may disapprove Tenant's use of any materials or substances, including but not limited to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable with Landlord’s prior written approvalasbestos and fiber glass, which approval Landlord, in its sole discretion, deems potentially hazardous, toxic or threatening to health. To the extent that ▇▇▇▇▇▇'s work shall require a building permit or other permits from the City of Berkeley, Bay Conservation and Development Commission ("BCDC") and/or any other governmental agency, Tenant shall not be unreasonably withheld or delayedperform any of Tenant's Work until ▇▇▇▇▇▇ has obtained all requisite permits. Upon Tenant further shall comply with all prevailing wage requirements of California Labor Code Sections 1720 et seq.; to the expiration of the Initial Term of extent, such requirements are applicable to Tenant's work. C. Except as otherwise expressly provided in this Lease, Tenant shall have not repair, replace, or modify any utility system located within the option to remove such alterations, decorations, additions or improvements made by it, provided Building without the Landlord's prior written consent. Tenant is responsible for the repair of any damage to Premises resulting from such removal is repaired. Alsoany utility system, upon the expiration structural element of the Initial Term Building(s), facilities of this LeaseLandlord or any other facilities arising out of Tenant's construction activities or Tenant's negligence or willful misconduct; provided, Tenant if requested by Landlord shall remove any signs however, such provision is not intended to and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not be interpreted to make any alterationsother person or entity a third party beneficiary thereof. D. This Lease specifically prohibits Tenants, additionsor any other party, improvementsfrom expanding uses or structures allowed on the Property beyond those designated in use permits approved by the City of Berkeley. Notwithstanding approval of any new Use Permit allowing expansion, non-cosmetic changes or other material changes any future expansion of the uses in existing buildings, or additions to existing buildings or docks, or construction of any new buildings or docks, or moving existing buildings onto the Premises without Property, are all subject to the prior written approval of Landlordthe Landlord and all improvements are subject to the environmental review and permit regulations and approvals of same by all applicable local, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoingstate, and federal agencies. E. Except for Exhibit “C” Improvements, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterationsnot substantially deface or change any floors, as used hereinwalls, shall be defined as ceilings, roofs, or partition any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems structures or equipmentimprovements on the Property without first providing thirty (30) days written notice to Landlord. If Landlord approves raises no objections within thirty (30) days after receipt of such notice, Tenant may proceed, provided Tenant obtains all required permits. Except as may be specifically approved in writing by Landlord, Tenant shall require all contractors to provide a labor and materials bond for the full amount of any contract for improvements that exceed $50,000. Tenant shall pay, when due, all sums of money that may be due or become due for any labor, services, materials, supplies or equipment furnished to or for Tenant, in, at, upon or about the Property and which may be secured by any mechanic's, material men’s or other lien against the Property or ▇▇▇▇▇▇▇▇'s interest therein. F. All alterations, additions, improvements, etc., improvements or additions that are now or in the future attached permanently to the Property shall be the Property of Landlord and shall notify Tenant, in writing, along remain with Landlord’s approval notice, of whether Tenant shall, upon the Property at the termination of this Lease, either: except that Landlord can elect within thirty (i30) days of the termination of the Lease to require Tenant, at its cost, to remove any such alterations or additions and repair any damage equipment that Tenant has affixed to the Premises Property. ▇. ▇▇▇▇▇▇ agrees that to the extent it is required to comply with the prevailing wage requirements, Tenant shall assure that all workers are paid the prevailing rate of per diem wages, and travel and subsistence payments (defined in applicable collective bargaining agreements filed in accordance with Section 1773.8 of the California Labor Code), in effect on the date of Landlord's first approval of a building permit or other approval of the work. Copies of the applicable prevailing rate of per diem wages are on file at Landlord's principal office and will be made available to any interested party on request. ▇▇▇▇▇▇ agrees to post a copy of the prevailing rate of per diem wages at the Property. Tenant, as a penalty to Landlord, shall forfeit Twenty-Five Dollars ($25) for each calendar day, or portion thereof (or such other sum as specified from time to time by Section 1775 of the buildings California Labor Code), for each worker paid less than the applicable prevailing rates for such work or craft in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing worker is employed. The difference between such alterations or additions prevailing wage rates and the restoration of amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the Premisesprevailing wage rate shall be paid to each worker by Tenant.

Appears in 1 contract

Sources: Lease Agreement

ALTERATIONS AND IMPROVEMENTS. Tenant shall have not, without the right at prior written consent of Landlord, make any time throughout structural, electrical, mechanical or plumbing alterations, improvements or additions to the term Premises (hereinafter referred to as a "Change"). If Landlord consents to a Change it may impose such conditions with respect thereto as Landlord reasonably deems appropriate, including without limitation, requiring Tenant to furnish insurance against liabilities which may arise out of this Lease such work and any extensions hereof, the plans and specifications together with all necessary permits for such Change. The work necessary to make the Change shall be done at Tenant's expense by employees or cause contractors reasonably approved by Landlord and compatible with the employees then working in the Building. Tenant shall promptly pay, when due, the cost of all such work and of all decorating required by reason thereof. Tenant shall also pay to be madeLandlord an amount sufficient to reimburse Landlord for all actual, any alterations, additions, or improvements, or install or cause to be installed any trade fixture, signs, floor covering, interior or exterior painting or lighting, plumbing fixtures, shades or awnings, as Tenant may deem necessary or suitable out of pocket expenses arising from Landlord's involvement with Landlord’s prior written approval, which approval shall not be unreasonably withheld or delayedsuch work. Upon completion of such work, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall defend and hold Landlord and the expiration Building harmless from all costs, damages and liens and expenses related to such work. In connection with such work Tenant shall never be deemed an agent of Landlord. All work done by Tenant or its contractors shall be done in a first class workmanlike manner using only good grades of materials and shall comply with all applicable codes, rules and regulations, union and insurance requirements. Any Change shall (without compensation to Tenant) become Landlord's property at the termination of the Initial Term Term, and shall, unless Landlord conditions Landlord's consent to the Change upon the removal of the Change at the termination or expiration of this Lease, Tenant shall have the option be relinquished to remove such alterationsLandlord in good condition, decorations, additions or improvements made by it, provided any damage to Premises resulting from such removal is repaired. Also, upon the expiration of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages to the Premises resulting from such removal. During the term, Tenant shall not make any alterations, additions, improvements, non-cosmetic changes or other material changes to the Premises without the prior written approval of Landlord, which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant shall be permitted to make Minor Alterations (as defined below) without Landlord’s prior written consent. Minor Alterations, as used herein, shall be defined as any alterations, improvements, etc. made to the Premises (excluding the facade thereof) which do not affect the structure of the buildings, their systems or equipment. If Landlord approves any alterations, additions, improvements, etcordinary wear excepted., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.

Appears in 1 contract

Sources: Office Lease (Stereotaxis, Inc.)

ALTERATIONS AND IMPROVEMENTS. Tenant shall have the right at any time throughout the term of this Lease and any extensions hereof, to make or cause to be made, any No alterations, additions, or improvementsimprovements to the Leased Premises, or install or cause except such as may be provided for in this Lease, shall be made without first having the consent, in writing, of the Landlord. The design of all work and installments undertaken by Tenant shall be 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 prior written approval, which the approval of Landlord and work shall not be unreasonably withheld commenced until approval is obtained. Landlord approval of the plans, specifications and working drawings for Tenant’s alterations shall create no responsibility or delayedliability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. Upon Tenant shall complete alterations, additions, or improvements to the Leased Premises strictly in compliance with the Americans with Disabilities Act (the ADA). Any improvements, additions or alterations made by the Tenant after such consent shall have been given, including any and all fixtures installed, excepting trade fixtures, shall at Landlord’s option unless otherwise agreed in writing, remain on the Leased Premises as the property of the Landlord, without compensation to Tenant, or shall be removed therefrom and the Leased Premises restored to their original condition at cost to Tenant, at the expiration of the Initial Term or sooner termination of this Leaselease. The Tenant shall, at its cost, repair any damage caused by the removal of trade fixtures restoring the Leased Premises to their original condition. The Tenant shall have the option agrees to remove such save Landlord harmless on account of claims for mechanics, materialmen or other liens in connection with any alterations, decorations, additions or improvements made to which Landlord may give its consent within the Leased Premises and Tenant will, if required by itLandlord, provided furnish a lien waiver or a bond in form and with surety satisfactory to Landlord, as Landlord may require before starting any damage work in connection with alterations, additions or improvements to Premises resulting the Leased Premises. Further, Tenant agrees to hold Landlord harmless from such removal is repaired. Also, upon liability in the expiration event Tenant fails to comply with the requirements of the Initial Term of this Lease, Tenant if requested by Landlord shall remove any signs and repair any damages Americans with Disabilities Act in completing alterations additions or improvements to the Leased Premises. Except as otherwise provided herein, all installations and improvements now or hereafter placed on the Leased Premises resulting from such removal. During the term, other than Building Standard Improvements shall be for Tenant’s account and at Tenant’s cost (and Tenant shall not make any alterations, additions, improvements, non-cosmetic changes pay ad valorem taxes and increased insurance thereon or other material changes to the Premises without the prior written approval of Landlordattributable thereto), which approval shall not be unreasonably withheld or delayed. Notwithstanding the foregoing, Tenant cost shall be permitted payable by Tenant to make Minor Alterations (Landlord upon demand 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, etcadditional rent., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.

Appears in 1 contract

Sources: Lease Agreement (Senetek PLC /Eng/)

ALTERATIONS AND IMPROVEMENTS. a. Except as otherwise provided in this Lease, Landlord is under no obligation to make any alterations or improvements to the Property, but may make alterations or improvements to the Property provided such alterations or improvements do not materially interfere with the operation by Tenant of its business in the Property. In performing any maintenance, repair, replacement, alteration, improvement, restoration, or other work performed on or around the Property, Landlord shall have not cause unreasonable interference with Tenant’s Permitted Use of the right at any time throughout the Property; this provision is a general term of agreement 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 delayedconstrued as limited in any respect by its placement in this Section 10.a. Upon the expiration of the Initial Term of this Lease, lease. b. Tenant shall have the option to remove such alterations, decorations, additions make 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) Property without Landlord’s prior written consent, which consent shall not be unreasonably withheld. Minor AlterationsNotwithstanding Landlord's consent to alterations or improvements by Tenant, as used herein, shall be defined as any all such alterations, improvements, etcor other work to be performed by Tenant shall be at the sole cost and expense of Tenant. made Prior to the Premises (excluding commencement of any work by Tenant, Tenant shall first submit the facade thereof) which do not affect the structure following to Landlord and obtain Landlord's written consent to all of the buildingsfollowing, their systems which consent shall not be unreasonably withheld and shall be confirmed or equipmentdenied within ten (10) days following delivery thereof, and the same shall be deemed approved if notice of disapproval is not given within said ten (10) day period: Tenant's plans and specifications; Tenant's estimated costs; and the names of all of Tenant's contractors and subcontractors. If All work performed by Tenant shall be done in strict compliance with all applicable building, fire, sanitary, and safety codes, and other Laws, and Tenant shall secure all necessary permits for the same. Tenant shall keep the Property free from all liens in connection with any such work. Landlord approves any or Landlord's agents shall have the right at all reasonable times to inspect the quality and progress of such work. Notwithstanding Landlord's consent to alterations or improvements by Tenant, all such alterations, additions, improvements, etcor other work to be performed by Tenant shall be at the sole cost and expense of Tenant., Landlord shall notify Tenant, in writing, along with Landlord’s approval notice, of whether Tenant shall, upon termination of this Lease, either: (i) remove any such alterations or additions and repair any damage to the Premises (or the buildings in which the Premises are located) occasioned by their installation or removal and restore the Premises to substantially the same condition as existed prior to the time when any such alterations or additions were made, or (ii) reimburse Landlord for the cost of removing such alterations or additions and the restoration of the Premises.

Appears in 1 contract

Sources: Real Property Lease

ALTERATIONS AND IMPROVEMENTS. (a) Landlord has reviewed and approved the initial alterations contemplated by Tenant as described on Exhibit “D” (the “Initial Alterations”), and acknowledges that such Initial Alterations shall not require further approval by Landlord but that Tenant shall deliver to Landlord the as-built drawings in CAD and hard copy and copies of any permits for such Initial Alterations upon completion thereof, as required below. Tenant shall not remove any portion of the Initial Alterations at the end of the Term and such Initial Alternations shall become a part of the Leased Premises and Landlord’s property. Tenant shall be required to complete the Initial Alterations on or before the second (2nd) anniversary of the Commencement Date, subject to reasonable extensions for force majeure delays, and in accordance with this Section 12. (b) 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 any improvements, alterations or cause modifications to be madethe Premises the cost of which is less than two hundred and fifty thousand dollars ($150,000) (so long as such improvements do not devalue the Leased Premises or increase Landlord’s obligations or liability during or after the Term in any way), any alterations, additions(ii) to make non-structural Alterations which are reasonably required or desirable for the operation of Tenant’s business in the Leased Premises and which are not visible from the exterior of the Leased Premises, or improvements, or (iii) to install or cause replace Equipment in the Improvements or accessions to be installed any trade fixturethe Equipment. If Tenant desires to make Alterations to the Leased Premises which are not covered by clauses (i), signs(ii) or (iii) above, 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 approval, approval of Landlord shall be required which approval shall not be unreasonably withheld withheld, delayed or delayedconditioned. Upon Tenant shall not construct upon the expiration Land any additional buildings without having first obtained the prior written consent of Landlord which shall not be unreasonably withheld, delayed or conditioned. Landlord and Tenant acknowledge that Tenant is in the Initial business of providing telecommunications and collocation services to its customers. Over the Term of this LeaseLease it is likely that, due to technological innovations, the nature of these services and/or the equipment or facilities required to perform these services in an optimal manner may change. Landlord acknowledges that any Alterations required to accommodate such changes in Tenant’s business shall be deemed reasonable so long as they do not impair the value of the Leased Premises. An Alteration will not be deemed to impair the value of the Leased Premises, if the Alteration can be removed at the end of the Term, and the Leased Premises can be reasonably restored to their condition prior to such Alteration. (c) If Tenant makes any Alterations pursuant to this Section 12 or as required by Sections 11 or 16 (such Alterations and actions being hereinafter collectively referred to as “Work”), then prior to commencing any Work, Tenant shall (i) submit to Landlord, for Landlord’s written approval, where required, detailed plans and specifications therefor in form satisfactory to Landlord, (ii) if such Alterations require a filing with any Governmental Authority or require the consent of such authority, then such plans and specifications shall (A) be prepared and certified by a registered architect or licensed engineer, and (B) comply with all Laws to the extent necessary for such governmental filing or consent, (iii) at its expense, obtain all required permits, approvals and certificates, (iv) furnish to Landlord duplicate original policies or certificates of insurance evidencing worker’s compensation coverage (covering all persons to be employed by Tenant, and all contractors and subcontractors supplying materials or performing work in connection with such Alterations) and comprehensive public liability (including property damage coverage) insurance, comprehensive form automobile liability insurance and Builder’s Risk coverage (issued on a completed value basis) all in such form, with such companies, for such periods and in such amounts as Landlord may require, naming Landlord and its employees and agents as additional insureds. All Alterations shall be performed by Tenant at Tenant’s sole cost and expense (A) in a good and workmanlike manner using materials of first class quality, (B) in compliance with all Laws, and (C) in accordance with the plans and specifications previously approved by Landlord. Tenant shall at its cost and expense obtain all approvals, consents and permits from every Governmental Authority having or claiming jurisdiction prior to, during and upon completion of such Alterations. If any such Work involves the replacement of existing Equipment or parts thereto, and except in instances where such Equipment is obsolete, all replacement Equipment or parts shall have a functional value and useful life equal to the option lesser of (A) the functional value and useful life on the date hereof of the Equipment being replaced or (B) the functional value and useful life of the Equipment being replaced immediately prior to the occurrence of the event which required its replacement (assuming such replaced Equipment was then in the condition required by this Lease). Notwithstanding the preceding to the contrary, in the event that Tenant installs any new equipment on the Leased Premises that is not a replacement for existing Equipment, Tenant shall be entitled to remove such alterationsequipment at the end of the Term. Tenant shall promptly reimburse Landlord, decorationsas Additional Rent and upon demand, additions or improvements made for any and all costs and expenses incurred by itLandlord in connection with Landlord’s review of Tenant’s plans and specifications for any such Alteration, not to exceed fifteen hundred dollars ($1500). (d) Landlord agrees to respond to any written request for approval of all Tenant’s plans and specifications for any Alterations (“Tenant’s Plans”) within ten (10) Business Days after Tenant’s request, provided Tenant’s Plans comply in all material respects with the requirements of this Section 12. In addition, Landlord agrees to respond to any damage resubmission of Tenant’s Plans within five (5) Business Days after written resubmission. If Landlord either fails to Premises resulting from approve or disapprove the Initial Plans on or before the end of the applicable review period set forth herein, Tenant’s Plans or revisions thereto shall be deemed to be approved by Landlord. Tenant may at the time that any Tenant’s Plans are submitted to Landlord also request that Landlord indicate whether or not the Alterations described in such removal is repairedTenant’s Plans will be required to be removed at the end of the Term or upon the earlier termination of this Lease. AlsoIn the event that any Alterations or new equipment are in the category that do not require Landlord’s consent for the construction or installation thereof, Tenant may remove such items at the end of the Term, at Tenant’s election, provided that Tenant agrees that Tenant shall not remove the Initial Alterations at the end of the Term. (e) Upon completion of any Alterations and any work pursuant to this Section 12, Tenant, at its expense, shall promptly obtain certificates of final approval of such Alterations as may be required by any Governmental Authority, and shall furnish Landlord with copies thereof, together with “as built” plans and specifications for such Alterations prepared on an Autocad Computer Assisted Drafting and Design System (or such other system or medium as Landlord may accept). (f) Tenant shall, at Tenant’s sole cost and expense, 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 earlier termination of this Lease, eitherat the request of Landlord remove all Alterations made during the Term of this Lease and restore the Leased Premises to their condition as of the date hereof, normal wear and tear excepted. Notwithstanding the foregoing Tenant shall not be required to remove the following at the end of the Term or earlier termination of this Lease: (i) remove any such alterations or additions and repair any damage Alterations which Landlord has agreed, pursuant to the Premises (or the buildings in which the Premises are locatedSection 12(c) occasioned by their installation or removal and restore the Premises above, that Tenant shall not be required to substantially the same condition as existed prior to the time when any such alterations or additions were maderemove, or (ii) reimburse Landlord for Alterations which are substantially consistent in form or function to the cost of removing such alterations or additions and the restoration Improvements existing as of the Premisesdate hereof, and (iii) the Initial Alterations.

Appears in 1 contract

Sources: Lease Agreement (Equinix 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

Sources: Lease Agreement (Suntek Corp)