Common use of ALTERATIONS AND INSTALLATIONS Clause in Contracts

ALTERATIONS AND INSTALLATIONS. 6.01. Tenant shall make no alterations, installations, additions or improvements in or to the Demised Premises without Landlord's prior written consent and then only by contractors or mechanics who are approved by Landlord beforehand or who are on the list of approved contractors for the Complex prepared by Landlord and furnished to Tenant upon request. Landlord hereby approves Nova Interiors, Xxxx Electric and Aztec Corporation to perform Tenant's Work with respect to the initially Demised Premises. All such work, alterations, installations, additions and improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. Any work in the Demised Premises shall be done solely in accordance with plans and specifications (prepared by a licensed engineer) first approved in writing by Landlord. Landlord shall have five (5) days to approve such plans; provided, that in the event such plans are submitted to third party consultants for their review, then Landlord shall have ten (10) days to approve such plans, provided, that in either case, Landlord may extend the time period, as applicable, by five (5) days by giving notice of same to Tenant by the end of the original time period, as applicable, provided above. Tenant shall reimburse Landlord promptly upon demand for any reasonable costs and expenses incurred by Landlord in connection with Landlord's review of such Tenant's plans and specifications. Landlord will not unreasonably withhold or delay its consent to requests for non structural alterations, additions and improvements (provided they will not interfere with the operation of the Complex nor affect the outside of the Complex nor adversely affect its structure, electrical, HVAC, plumbing or mechanical systems). Any such approved alterations and improvements shall be performed in accordance with the foregoing and the following provisions of this Article 6:

Appears in 2 contracts

Samples: Office Lease (Exodus Communications Inc), Office Lease (Exodus Communications Inc)

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ALTERATIONS AND INSTALLATIONS. 6.01. Tenant shall make no alterations, installations, additions or improvements in or to the Demised Premises demised premises without Landlord's ’s prior written consent and then only by contractors or mechanics who are approved by Landlord beforehand Landlord; provided, that Tenant shall only use contractors or who are on the list of approved contractors for the Complex prepared mechanics designated by Landlord and furnished to Tenant upon request. Landlord hereby approves Nova Interiorsfor any alterations, Xxxx Electric and Aztec Corporation to perform Tenant's Work with respect to installations, additions or improvements which affect the initially Demised Premiseslife safety and/or other systems of the Building. All such work, alterations, installations, additions and improvements shall be done at Tenant's ’s sole expense and at such times and in such manner as Landlord may from time to time reasonably designatedesignate and in accordance with the Tenant Criteria Manual annexed to this Lease as Schedule J (as the same may be amended). Any The Initial Work and any future work in the Demised Premises demised premises shall be done solely in accordance with plans and specifications (prepared by a licensed engineer) first approved in writing by Landlord. Landlord shall have five (5) days to approve such plans; provided, that in the event such plans are submitted to third party consultants for their review, then Landlord shall have ten (10) days to approve such plans, provided, that in either case, Landlord may extend the time period, as applicable, by five (5) days by giving notice of same to Tenant by the end of the original time period, as applicable, provided above. Tenant shall reimburse Landlord promptly upon demand for any reasonable costs and expenses incurred by Landlord in connection with Landlord's review of such Tenant's plans and specifications. Landlord will not unreasonably withhold or delay its consent to requests for non structural contractors or for nonstructural alterations, additions and improvements (provided they will not interfere with the operation of the Complex Building nor affect the outside of the Complex Building nor adversely affect its structure, electrical, HVAC, plumbing or mechanical systems). With regard to alterations, additions, installations and improvements, other than the Initial Work, Landlord, within five (5) business days (“Review Period”) after Landlord receives all of the information Landlord may reasonably require in determining whether to grant its consent, shall either: (i) grant in writing Landlord’s consent or (ii) deny in writing Landlord’s consent. Landlord’s consent in the immediately preceding sentence shall not be unreasonably withheld or conditioned. With respect to any alterations, additions, installations and improvements, the plans for which Landlord elects to have reviewed by a third-party, the Review Period shall be extended from five (5) business days to ten (10) business days. With respect to the Initial Work, the Review Period shall also be extended from five (5) business days to ten (10) business days. Tenant hereby acknowledges and confirms that: (y) it is reasonable for Landlord to grant or deny consent to a request for alterations, additions, installations and improvements within the Review Period after Landlord receives all of the information Landlord may require in determining whether to grant its consent and (z) granting or denying such consent within the Review Period does not constitute an unreasonable delay on the part of Landlord. Any such approved alterations and improvements shall be performed in accordance with the foregoing and the following provisions of this Article 6:

Appears in 2 contracts

Samples: Agreement (Scynexis Inc), Office Lease (Optimer Pharmaceuticals Inc)

ALTERATIONS AND INSTALLATIONS. 6.01. Tenant shall make no alterations, installations, additions or improvements in or to the Demised Premises demised premises without Landlord's prior written consent and then only by contractors or mechanics who are first approved by Landlord beforehand or who are on the list of approved contractors for the Complex prepared by Landlord and furnished to Tenant upon request. Landlord hereby approves Nova Interiors, Xxxx Electric and Aztec Corporation to perform Tenant's Work with respect to the initially Demised PremisesLandlord. All such work, alterations, installations, additions and improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. Prior to commencement of such work, Tenant shall obtain and deliver to Landlord written, unconditional waivers of mechanic's or other liens on the real property in which the demised premises are located, signed by all architects, engineers, contractors, mechanics and designers to become involved in such work. Any installations, materials and work which may be undertaken by or for the account of Tenant to prepare, equip, decorate and furnish the demised premises for Tenant's occupancy (such work hereinafter sometimes called "Tenant's Finish Work") and any future work in the Demised Premises demised premises shall be done effected solely in accordance with plans and specifications (prepared by a licensed engineer) first approved in writing by Landlord. Landlord shall have five (5) days to approve such plans; provided, that in the event such plans are submitted to third party consultants for their review, then Landlord shall have ten (10) days to approve such plans, provided, that in either case, Landlord may extend the time period, as applicable, by five (5) days by giving notice of same to Tenant by the end of the original time period, as applicable, provided above. Tenant shall reimburse Landlord promptly upon demand for any reasonable costs and expenses incurred by Landlord in connection with Landlord's review of such Tenant's plans and specifications. Landlord will not unreasonably withhold or delay its consent to requests for non structural nonstructural alterations, additions and improvements (provided they will not interfere with the operation of the Complex nor affect the outside of the Complex nor Building or adversely affect its structure, electrical, HVAC, plumbing or mechanical systems). Any such approved alterations and improvements shall be performed in accordance with the foregoing and the following provisions of this Article 6:

Appears in 1 contract

Samples: Agreement (Kaleidoscope Media Group Inc)

ALTERATIONS AND INSTALLATIONS. 6.01. 6.1 Except for the Tenant's Work, Tenant shall make no alterations, installations, additions or improvements (such work hereinafter collectively referred to as "ALTERATIONS") in or to the Demised Premises demised premises without Landlord's prior written consent and then only by contractors or mechanics who are first approved by Landlord beforehand or who are on the list of approved contractors for the Complex prepared by Landlord and furnished to Tenant upon request. Landlord hereby approves Nova Interiors, Xxxx Electric and Aztec Corporation to perform Tenant's Work with respect to the initially Demised PremisesLandlord. All such work, alterations, installations, additions and improvements Alterations shall be done at Tenant's sole expense cost and expense, and at such times and in such manner as Landlord may from time to time reasonably designate. Any Tenant may from time to time during the term of this lease, at its expense, make non-structural cosmetic changes, which cost less than Twenty-Five Thousand 00/100 Dollars ($25,000.00), without Landlord's prior consent. Tenant shall obtain and deliver to Landlord written, unconditional waivers of mechanic's or other liens on the real property in which the demised premises are located, signed by all architects, engineers, contractors, mechanics and designers involved in such Alterations as and when such architects, engineers, contractors, mechanics and designers are paid for their work in connection therewith. Any Alterations in the Demised Premises demised premises shall be done effected solely in accordance with the plans and specifications (prepared by a licensed engineer) first approved in writing by Landlord. Landlord shall have five (5) days to approve such plans; provided, that in the event such plans are submitted to third party consultants for their review, then Landlord shall have ten (10) days to approve such plans, provided, that in either case, Landlord may extend the time period, as applicable, by five (5) days by giving notice of same to Tenant by the end of the original time period, as applicable, provided above. Tenant shall reimburse Landlord promptly upon demand for any reasonable out-of-pocket costs and expenses incurred by Landlord in connection with Landlord's review of such Tenant's plans and specifications. Landlord will not unreasonably withhold or delay its consent to requests for non structural alterations, additions and improvements nonstructural Alterations (provided they will not interfere with the operation of the Complex nor affect the outside of the Complex nor Building or the demised premises or adversely affect its the Building's structure, electrical, HVAC, plumbing plumbing, mechanical or mechanical other systems). Prior to granting its consent to Alterations, Landlord may impose such conditions as to guarantee of completion and payment and of restoration as Landlord may reasonably consider desirable. Any such approved alterations and improvements Alterations shall be performed in accordance with the foregoing and the following provisions of this Article 6:

Appears in 1 contract

Samples: Agreement of Lease (Interliant Inc)

ALTERATIONS AND INSTALLATIONS. 6.01. 6.1 Except for the Tenant's Work, Tenant shall make no alterations, installations, additions or improvements (such work hereinafter collectively referred to as "ALTERATIONS") in or to the Demised Premises demised premises without Landlord's prior written consent and then only by contractors or mechanics who are first approved by Landlord beforehand or who are on the list of approved contractors for the Complex prepared by Landlord and furnished to Tenant upon request. Landlord hereby approves Nova Interiors, Xxxx Electric and Aztec Corporation to perform Tenant's Work with respect to the initially Demised PremisesLandlord. All such work, alterations, installations, additions and improvements Alterations shall be done at Tenant's sole expense cost and expense, and at such times and in such manner as Landlord may from time to time reasonably designate. Any Tenant may from time to time during the term of this lease, at its expense, make non-structural cosmetic changes, which cost less than Twenty-Five Thousand 00/100 Dollars ($25,00.00), without Landlord's prior consent. Tenant shall obtain and deliver to Landlord written, unconditional waivers of mechanic's or other liens on the real property in which the demised premises are located, signed by all architects, engineers, contractors, mechanics and designers involved in such Alterations as and when such architects, engineers, contractors, mechanics and designers are paid for their work in connection therewith. Any Alterations in the Demised Premises demised premises shall be done effected solely in accordance with the plans and specifications (prepared by a licensed engineer) first approved in writing by Landlord. Landlord shall have five (5) days to approve such plans; provided, that in the event such plans are submitted to third party consultants for their review, then Landlord shall have ten (10) days to approve such plans, provided, that in either case, Landlord may extend the time period, as applicable, by five (5) days by giving notice of same to Tenant by the end of the original time period, as applicable, provided above. Tenant shall reimburse Landlord promptly upon demand for any reasonable out-of-pocket costs and expenses incurred by Landlord in connection with Landlord's review of such Tenant's plans and specifications. Landlord will not unreasonably withhold or delay its consent to requests for non structural alterations, additions and improvements nonstructural Alterations (provided they will not interfere with the operation of the Complex nor affect the outside of the Complex nor Building or the demised premises or adversely affect its the Building's structure, electrical, HVAC, plumbing plumbing, mechanical or mechanical other systems). Any Prior to granting its consent to Alterations, Landlord may impose such approved alterations conditions as to guarantee of completion and improvements shall be performed in accordance with the foregoing payment and the following provisions of this Article 6:restoration as Landlord may reasonably consider desirable.

Appears in 1 contract

Samples: Interliant Inc

ALTERATIONS AND INSTALLATIONS. 6.01. Tenant Section 14.01 (a) Except as may otherwise be expressly provided in this Article 14, Subtenant shall be allowed to make no any alterations, installations, additions or improvements (collectively, the "Alterations") in or to (i) the Demised Premises Interim Leaseback Space without LandlordSublandlord's prior written consent consent; provided that any such Alterations (x) do not reduce the usable square footage of such Interim Leaseback Space and then only by contractors will not require any Alterations to be made to comply with Legal Requirements within the Interim Leaseback Space, and (y) are not Specialty Alterations (unless Subtenant agrees to remove such Specialty Alterations prior to the Space Delivery Date of such Interim Leaseback Space); and (ii) the Long-Term Leaseback Space without Sublandlord's prior written consent. Subtenant shall not make, without Sublandlord's consent, any Alterations to the 12th Floor, the South Building lobby or mechanics who are approved by Landlord beforehand or who are on the list of approved contractors for South Building Concourse levels X-x and B-2. Notwithstanding anything to the Complex prepared by Landlord and furnished to Tenant upon request. Landlord hereby approves Nova Interiorscontrary in the immediately preceding sentences, Xxxx Electric and Aztec Corporation Subtenant (as Overlandlord) shall be allowed to perform Tenantthe Rehabilitation Work in the Building in accordance with the terms of the Xxxxxxxxx. If an Alteration is a "Material Alteration" (as defined below), Subtenant shall not be allowed to make such Material Alteration without Sublandlord's Work with respect prior written consent, which consent by Sublandlord shall not be unreasonably withheld, conditioned or delayed. If Subtenant disputes the reasonableness of Sublandlord's withholding of consent to any Material Alteration or to the initially Demised PremisesSubtenant's Plans therefor, such dispute will be resolved by arbitration in accordance with Article 21 of the Xxxxxxxxx and the determination of the arbitrators shall be final and conclusive upon the parties hereto. All Alterations which may unreasonably interfere with the use and enjoyment by other occupants of the Building of such workoccupant's space (such as, alterationsfor example, installations, additions and improvements core drilling) shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. Any work in the Demised Premises shall be done solely in accordance with plans and specifications (prepared by a licensed engineer) first approved in writing by Landlord. Landlord shall have five (5) days to approve such plans; provided, that in the event such plans are submitted to third party consultants for their review, then Landlord shall have ten (10) days to approve such plans, provided, that in either case, Landlord may extend the time period, as applicable, by five (5) days by giving notice of same to Tenant by the end of the original time period, as applicable, provided above. Tenant shall reimburse Landlord promptly upon demand for any reasonable costs and expenses incurred by Landlord in connection with Landlord's review of such Tenant's plans and specifications. Landlord will not unreasonably withhold or delay its consent to requests for non structural alterations, additions and improvements (provided they will not interfere with the operation of the Complex nor affect the outside of the Complex nor adversely affect its structure, electrical, HVAC, plumbing or mechanical systems). Any such approved alterations and improvements shall be performed in accordance with the foregoing and the following provisions of this Article 6:other than during Business Hours.

Appears in 1 contract

Samples: Credit Suisse First Boston Usa Inc

ALTERATIONS AND INSTALLATIONS. 6.01. Tenant shall make no alterations, installations, additions or improvements in or to the Demised Premises demised premises without Landlord's prior written consent. Nothing contained herein shall be construed to require Tenant to obtain Landlord's consent for painting, wall and then only floor coverings and other purely cosmetic or decorative changes to be performed in the demised premises; provided, however, that Tenant shall (i) give Landlord reasonable prior notice of the performance of any such activities (for informational purposes only) and (ii) perform (or cause its contractor to perform) the same in compliance with all Legal Requirements and (iii) maintain (or cause its contractor to maintain) adequate insurance in connection with such performance. Tenant agrees that Tenant will not at any time during the term, of this Lease, either directly or indirectly, use any contractors and/or labor and/or materials if the use of such contractors and/or labor and/or materials would or will create any difficulty with other contractors and/or labor engaged by Tenant or Landlord or others in the maintenance and/or operation of the Building or any part thereof. Landlord shall provide upon request a list of contractors or mechanics who are approved by Landlord beforehand or who are for work in the Building (hereinafter called the "Approved List"). There shall be at least three (3) contractors for each trade on the list of approved contractors for the Complex prepared by Landlord and furnished to Tenant upon requestApproved List at all times. Landlord hereby approves Nova Interiorsagrees, Xxxx Electric and Aztec Corporation except as provided in the next sentence, not to perform unreasonably withhold or delay its consent to Tenant's Work 's. request for approval of any contractor or tradesman not on the Approved List, provided Tenant supplies Landlord with reasonable information about such tradesman or contractor. Notwithstanding the foregoing, with respect to the initially Demised Premisesmechanical,' electrical, sanitary, heating, ventilating, air-conditioning, plumbing, lift-safety or other systems of the Building, Tenant agrees to use only contractors on the Approved List. All such work, alterations, installations, additions and improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. Prior to commencement of any alterations as to which Landlord's consent is required, Landlord may request and Tenant shall upon such request provide to Landlord proof reasonably satisfactory to Landlord of Tenant's financial capacity to complete the performance of such alterations and pay the entire cost thereof including without limitation all contractors and suppliers utilized in connection therewith. Landlord agrees that with respect to non-structural alterations which do not affect the exterior of the Building or any portions of the Building outside the demised premises or adversely affect any Building systems, Landlord shall not unreasonably withhold or delay its approval. Any Tenant's work in the Demised Premises demised premises shall be done effected solely in accordance with plans and specifications (prepared by a licensed engineer) first approved in writing by Landlord. Landlord shall have five (5) days to approve such plans; provided, that in the event such plans are submitted to third party consultants for their review, then Landlord shall have ten (10) days to approve such plans, provided, that in either case, Landlord may extend the time period, as applicable, by five (5) days by giving notice of same to Tenant by the end of the original time period, as applicable, provided above. Tenant shall reimburse Landlord promptly upon demand for any reasonable out-of- pocket costs and expenses incurred by Landlord (including, without limitation, the commercially reasonable fees of any architect or engineer or any independent third party employed by Landlord, but excluding attorneys' fees if any) in connection with Landlord's review of such Tenant's plans and specifications. Landlord will not unreasonably withhold Provided that Tenant makes reference to the following time limitation in its submission of plans and specifications and the consequences of Landlord's failure to abide thereby, Landlord's failure to respond to Tenant' s submission within two (2) weeks thereof (or delay its consent to requests specify' the reasons for non structural alterations, additions and improvements (provided they will not interfere with any disapproval) shall be ftemod approval. The date of submission shall be the operation date of the Complex nor affect the outside of the Complex nor adversely affect its structure, electrical, HVAC, plumbing or mechanical systems)Landlord's receipt thereof. Any such approved alterations and improvements shall be performed in accordance with the foregoing and the following provisions of this Article 6:

Appears in 1 contract

Samples: Interep National Radio Sales Inc

ALTERATIONS AND INSTALLATIONS. 6.01. Tenant ARTICLE X. Lessee shall not make no alterations, installations, additions or improvements any alterations in or additions to the Demised Premises without Landlordfirst procuring Lessor's prior Prior written consent, which consent and then only by contractors or mechanics who are approved by Landlord beforehand or who are on the list of approved contractors for the Complex prepared by Landlord and furnished to Tenant upon request. Landlord hereby approves Nova Interiors, Xxxx Electric and Aztec Corporation to perform Tenant's Work with respect to the initially Demised Premisesshall not unreasonably be withheld. All such work, alterations, installations, additions and improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. Any work in the Demised Premises shall be done solely in accordance with plans and specifications (prepared by a licensed engineer) first approved in writing by Landlord. Landlord shall have five (5) days to approve such plans; provided, that in the event such plans are submitted to third party consultants for their review, then Landlord shall have ten (10) days to approve such plans, provided, that in either case, Landlord may extend the time period, as applicable, by five (5) days by giving notice of same to Tenant by the end of the original time period, as applicable, provided above. Tenant shall reimburse Landlord promptly upon demand for any reasonable costs and expenses incurred by Landlord in connection with Landlord's review of such Tenant's plans and specifications. Landlord will not unreasonably withhold or delay its consent to requests for non structural alterations, additions and improvements (provided they will not interfere improvements, shall remain and be surrendered with the operation Premises at the termination of the Complex nor affect Term of this Lease, whether by lapse of time or otherwise, all without credit to Lessee, unless such removal has been consented to or required at the outside time of Lessor's consent to the alteration. Lessee shall make all of the Complex nor adversely affect its structure, electrical, HVAC, plumbing or mechanical systems). Any such approved alterations and installations at Lessee's sole cost and expense. All work and materials shall be furnished and conducted in a good and workmanlike manner. If a permit is required for any alteration and/or installation Lessee agrees to give Lessor copies of any all applications, inspection reports and approvals. If Lessor shall not allow an alteration or improvement to remain after termination, Lessee shall remove the alterations, improvements shall and installations placed in the Premises by Lessee and repair any damage occasioned by such removals. All removals and repairs are to be performed in accordance a good and workmanlike manner, no less than 10 days prior to the termination of this Lease, all at Lessee's sole cost and expense. The foregoing shall not apply to any of Lessee's personal property, furniture, trade fixtures, machinery, equipment or production facilities, all of which shall at all times remain the property of Lessee and Lessee shall have the right to install and/or remove all of Lessee’s trade fixtures, machinery, equipment, and production facilities without Lessor’s written consent. For any installations and/or removals Lessee agrees that all work will be compliant with the foregoing all applicable laws, ordinances, rules and regulations and that any adverse condition “Damage” will be repaired and the following provisions premises restored by Lessee at the termination of this Article 6:the Lease, at Lessee’s sole cost and expense. UNTENANTABILITY ARTICLE XI. In the event the Premises shall be destroyed, or so damaged by fire, explosion, windstorm or other casualty so as to be untenantable, Lessor may restore the Premises within a reasonable time after such destruction or damage, or may terminate the Lease and the term demised as of the date of the destruction or damage, in either case by giving Lessee notice within one hundred eighty (180) days after the date of the destruction or damage, and rent shall axxxx on a per diem basis during the period of restoration. In the event the Premises shall be damaged as aforesaid but are not thereby rendered untenantable, Lessor shall restore the Premises with reasonable dispatch, and while such damage is being repaired, Lessee shall be entitled to an equitable abatement of rent as reasonably and equitably determined by Lessor. Lessor shall not be liable or responsible for any delays in rebuilding or repairing due to labor controversies, riots, acts of God, national emergency, acts of a public enemy, government laws or regulations, inability to procure materials or labor, or any other cause or causes beyond its control. If Lessee is inconvenienced but its business is not interrupted, there shall be no abatement of rent.

Appears in 1 contract

Samples: Lease (Cti Industries Corp)

ALTERATIONS AND INSTALLATIONS. 6.01. 6.1 Except for non-structural or cosmetic alterations not in excess of $15,000, Tenant shall make no alterations, installations, additions or improvements (such work hereinafter collectively referred to as "Alterations") in or to the Demised Premises demised premises without Landlord's prior written consent and then only by contractors or mechanics who are first approved by Landlord beforehand or who are on the list of approved contractors for the Complex prepared by Landlord and furnished to Tenant upon request. Landlord hereby approves Nova Interiors, Xxxx Electric and Aztec Corporation to perform Tenant's Work with respect to the initially Demised PremisesLandlord. All such work, alterations, installations, additions and improvements Alterations shall be done at Tenant's sole expense cost and expense, and at such times and in such manner as Landlord may from time to time reasonably designate. Any Tenant shall obtain and deliver to Landlord written, unconditional waivers of mechanic's or other liens on the real property (to the extent permitted by law) in which the demised premises are located, signed by all architects, engineers, contractors, mechanics and designers involved in such Alterations as and when such architects, engineers, contractors, mechanics and designers are paid for their work in connection therewith. Any Alterations in the Demised Premises demised premises shall be done effected solely in accordance with the approved plans and specifications (prepared by a licensed engineer) first approved in writing by Landlord. Landlord shall have five (5) days to approve such plans; provided, that in the event such plans are submitted to third party consultants for their review, then Landlord shall have ten (10) days to approve such plans, provided, that in either case, Landlord may extend the time period, as applicable, by five (5) days by giving notice of same to Tenant by the end of the original time period, as applicable, provided abovespecifications. Tenant shall reimburse Landlord promptly upon demand for any reasonable out-of-pocket costs and expenses incurred by Landlord in connection with Landlord's review of such Tenant's plans and specifications. Landlord will not unreasonably withhold or delay its consent to requests for non structural alterations, additions and improvements nonstructural Alterations (provided they will not interfere with the operation of the Complex nor affect the outside of the Complex nor A/B Building or adversely affect its the A/B Building's structure, electrical, HVAC, plumbing or mechanical systems). Prior to granting its consent to Alterations, Landlord may impose such conditions as to guarantee of completion and payment and of restoration as Landlord may reasonably consider desirable. Any such approved alterations and improvements Alterations shall be performed in accordance with the foregoing and the following provisions of this Article 6:

Appears in 1 contract

Samples: Interliant Inc

ALTERATIONS AND INSTALLATIONS. 6.01. Tenant shall make no alterations, installations, additions or improvements in or to the Demised Premises demised premises (other than decorative work in the nature of, without limitation, interior wall covering, carpeting, picture hanging and cosmetic changes all of which shall not require Landlord's consent) without Landlord's prior written consent and then only by contractors or mechanics who are first approved by Landlord, which approval as to such contractors and mechanics Landlord beforehand agrees not to unreasonably withhold or who are on the list of approved contractors for the Complex prepared by Landlord and furnished to Tenant upon requestdelay. Landlord hereby approves Nova Interiors, Xxxx Electric and Aztec Corporation to perform Tenant's Work with respect to the initially Demised Premises. All such (Such work, alterations, installations, additions and improvements improvements, other than decorative work, are hereinafter called "Alterations".) All Alterations and decorative work shall be done at Tenant's sole expense and at in compliance with the Building's Rules and Regulations for Alterations, a copy of which is attached hereto as Exhibit G. Any Alterations which may be undertaken by or for the account of Tenant to prepare, equip, decorate and furnish the demised premises for Tenant's initial occupancy (such times work hereinafter sometimes called "Tenant's Work") and in such manner as Landlord may from time to time reasonably designate. Any work any future Alterations in the Demised Premises demised premises shall be done effected solely in accordance with plans and specifications (prepared by a licensed engineer) first approved in writing by Landlord. Landlord shall have five (5) days to approve such plans; provided, that in the event such plans are submitted to third party consultants for their review, then Landlord shall have ten (10) days to approve such plans, provided, that in either case, Landlord may extend the time period, as applicable, by five (5) days by giving notice of same to Tenant by the end of the original time period, as applicable, provided above. Tenant shall reimburse Landlord promptly upon demand for any reasonable out of pocket costs and expenses incurred by Landlord to unrelated third parties in connection with Landlord's review of such Tenant's plans and specifications. Landlord will not unreasonably withhold or delay its consent PARK AVE ARMORY/NYLPC - LEASE PT I to requests for non structural alterations, additions and improvements Alterations (provided they will not interfere with the operation of the Complex nor affect the outside of the Complex nor Building or adversely affect its structure, (i) structural elements or (ii) electrical, HVAC, plumbing or mechanical systems, the provisions of this parenthetical proviso clause being hereinafter called the "Alterations Proviso"), and Landlord agrees not to unreasonably withhold or delay its approval of the plans and specifications for such Alterations. In the event that Landlord shall disapprove Tenant's request for such consent to such Alterations and/or such plans and specifications, Landlord's response shall include the reasons for such disapproval. In the event that Landlord fails to respond to Tenant's request for such consent to such plans and specifications within ten (10) Business Days, Landlord shall be deemed to have consented to such request, provided Tenant's request expressly references this Section 6.01 and such ten (10) Business Day period and the consequences of Landlord's failure to respond within such ten (10) Business Day period. Landlord hereby consents to Alterations for which the estimated cost of labor and materials shall not exceed $50,000, which amount shall be increased every three (3) years by the same percentage as the percentage amount of increase in CPI as of such third anniversary over the CPI as of the date of this Lease (either individually or in the aggregate with other such Alterations being constructed at the same time) provided that with respect to such Alterations the conditions of the Alterations Proviso are satisfied and provided further that (i) no New York City Buildings Department BN application shall be required in connection therewith, (ii) Tenant shall give Landlord written notice thereof as well as copies of the plans and specifications therefor, if any, at least ten (10) days prior to performing same, and (iii) any such Alterations shall otherwise be performed in compliance with the provisions of this Article 6. Any such approved alterations Alterations and improvements decorative work shall be performed in accordance with the foregoing and the following provisions of this Article 6:

Appears in 1 contract

Samples: Agreement of Lease (PPC Publishing Corp)

ALTERATIONS AND INSTALLATIONS. 6.018.1. Except as hereinafter provided, Tenant shall make no alterations, installations, additions or improvements in or to the Demised Premises demised premises without Landlord's prior written consent and then consent. All such work shall be done only by contractors or mechanics who are first approved by Landlord beforehand or who are on the list of approved contractors for the Complex prepared by Landlord and furnished Landlord, such approval not to Tenant upon requestbe unreasonably withheld. Landlord hereby approves Nova Interiors, Xxxx Electric and Aztec Corporation to perform Tenant's Work with respect to the initially Demised Premises. All Ail such work, alterations, installations, additions and improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. Any work in the Demised Premises shall be done solely in accordance with plans and specifications (prepared by a licensed engineer) first approved in writing by Landlord. Landlord shall have within five (5) business days to of receipt from Tenant, approve such plans; provided, that in the event such plans are submitted to third party consultants for their review, then Landlord shall have ten (10) days to approve such plans, provided, that in either case, Landlord may extend the time period, as applicable, by five (5) days by giving notice of same to Tenant by the end of the original time period, as applicable, provided above. Tenant shall reimburse Landlord promptly upon demand for any reasonable costs and expenses incurred by Landlord in connection with Landlord's review of such or disapprove Tenant's plans and specifications. Landlord will not unreasonably withhold or delay its consent to requests for non structural nonstructural alterations, additions and improvements (such consent not to be unreasonably withheld or delayed provided they will not interfere with the operation of the Complex nor affect the outside of the Complex nor Building or adversely affect its structure, electrical, HVAC, plumbing or mechanical systems)) except when the nature or complexity of such alterations, additions or improvements shall require additional time on the part of Landlord to review Tenant's request, in which case such five (5) business day period shall be extended for such time as is reasonably necessary for Landlord to review such request. Any Subject to the provisions of the preceding sentence, Landlord's consent shall not be required for such approved alterations nonstructural alterations, additions and improvements costing less than the sum of (i) $100,000, plus (ii) the product of $100,000 and the percentage increase, if any, in the "Index" (as defined below) from the Index in effect on the Commencement Date to the Index in effect on the first day of the month in which Tenant would request consent to such alterations, additions or improvements, except to the extent any such alterations, additions or improvements require any governmental filing, in which case such alterations, additions or improvements shall be performed in accordance with the foregoing and the following provisions of this Article 6:subject to Landlord's consent, which consent shall not be unreasonably withheld or delayed.

Appears in 1 contract

Samples: Agreement of Lease (Pimco Advisors Holdings Lp)

ALTERATIONS AND INSTALLATIONS. 6.01. 6.1 Tenant shall make no alterations, installations, additions or improvements (such work hereinafter collectively referred to as "Alterations") ----------- in or to the Demised Premises demised premises without Landlord's prior written consent and then only by contractors or mechanics who are first approved by Landlord beforehand or who are on the list of approved contractors for the Complex prepared by Landlord and furnished to Tenant upon request. Landlord hereby approves Nova Interiors, Xxxx Electric and Aztec Corporation to perform Tenant's Work with respect to the initially Demised PremisesLandlord. All such work, alterations, installations, additions and improvements Alterations shall be done at Tenant's sole expense cost and expense, and at such times and in such manner as Landlord may from time to time reasonably designate. Any Tenant may from time to time during the term of this lease, at its expense, make non-structural cosmetic changes, which cost less than Twenty-Five Thousand 00/100 Dollars ($25,000.00), without Landlord's prior consent. Tenant shall obtain and deliver to Landlord written, unconditional waivers of mechanic's or other liens on the real property in which the demised premises are located, signed by all architects, engineers, contractors, mechanics and designers involved in such Alterations as and when such architects, engineers, contractors, mechanics and designers are paid for their work in connection therewith. Any Alterations in the Demised Premises demised premises shall be done effected solely in accordance with the plans and specifications (prepared by a licensed engineer) first approved in writing by Landlord. Landlord shall have five (5) days to approve such plans; provided, that in the event such plans are submitted to third party consultants for their review, then Landlord shall have ten (10) days to approve such plans, provided, that in either case, Landlord may extend the time period, as applicable, by five (5) days by giving notice of same to Tenant by the end of the original time period, as applicable, provided above. Tenant shall reimburse Landlord promptly upon demand for any reasonable out-of-pocket costs and expenses incurred by Landlord in connection with Landlord's review of such Tenant's plans and specifications. Landlord will not unreasonably withhold or delay its consent to requests for non structural alterations, additions and improvements nonstructural Alterations (provided they will not interfere with the operation of the Complex nor affect the outside of the Complex nor Building or the demised premises or adversely affect its the Building's structure, electrical, HVAC, plumbing plumbing, mechanical or mechanical other systems). Prior to granting its consent to Alterations, Landlord may impose such conditions as to guarantee of completion and payment and of restoration as Landlord may reasonably consider desirable. Any such approved alterations and improvements Alterations shall be performed in accordance with the foregoing and the following provisions of this Article 6:

Appears in 1 contract

Samples: Interliant Inc

ALTERATIONS AND INSTALLATIONS. 6.01. 6.01 Tenant shall make no alterations, installations, additions or improvements in or to the Demised Premises demised premises without Landlord's prior written consent and then only by contractors or mechanics who are first approved by Landlord beforehand or who are on (of any five (5) proposed by Tenant, Landlord may reject two (2) without cause and the list of approved contractors approval for the Complex prepared by Landlord and furnished to Tenant upon requestremaining contractors or mechanics shall not be unreasonably withheld or delayed). Landlord hereby approves Nova Interiors, Xxxx Electric and Aztec Corporation to perform Tenant's Work with respect Notwithstanding anything to the initially Demised Premisescontrary contained herein, Landlord's prior written consent shall not be required for purely decorative work (e.g., painting and carpeting) and other any non-structural alterations not affecting Building systems and costing, in the aggregate, less than Fifty Thousand Dollars ($50,000) over any twelve (12) month period ("Ordinary Alterations"); provided that Tenant shall have delivered reasonably detailed plans and specifications for the Ordinary Alterations to Landlord at least ten (10) Business Days prior to the commencement of any work in connection therewith. All such work, alterations, installations, additions and improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. Prior to commencement of such work, Tenant shall obtain and deliver to Landlord written, unconditional waivers of mechanic's or other liens on the real property in which the demised premises are located, signed by all architects, engineers, contractors, mechanics and designers to become involved in such work. In connection with any alterations costing in excess of $100,000 (excluding Tenant's Work and Credit Work, as hereinafter defined, provided Tenant shall use bondable contractors and subcontractors in connection with the performance of same), Tenant shall also provide at Landlord's request such financial security as Landlord shall require to guarantee completion of work performed by Tenant pursuant to this Article 6 and payment of all contractors and suppliers utilized in connection therewith. Any installations, materials and work in which may be undertaken by or for the Demised Premises account of Tenant, other than Ordinary Alterations, shall be done effected solely in accordance with plans and specifications (prepared by a licensed engineer) first approved in writing by Landlord. Landlord shall have five (5) days to approve such plans; provided, that in the event such plans are submitted to third party consultants for their review, then Landlord shall have ten (10) days to approve such plans, provided, that in either case, Landlord may extend the time period, as applicable, by five (5) days by giving notice of same to Tenant by the end of the original time period, as applicable, provided above. Tenant shall reimburse Landlord promptly upon demand for any reasonable out-of-pocket costs and expenses incurred by Landlord in connection with Landlord's review of such Tenant's plans and specifications. Landlord agrees that it shall respond to Tenant's request for approval of such plans and specifications within fifteen (15) Business Days after Tenant's submission thereof, and within ten (10) Business Days after the submission of any subsequent revisions thereof, and in the event Landlord disapproves of such final plan, Landlord shall set forth its objections in reasonable detail (which may include by marking up the drawing(s)). Landlord will not unreasonably withhold or delay its consent to requests for non structural nonstructural alterations, additions and improvements (provided they will not interfere with the operation of the Complex nor affect the outside of the Complex nor Building or any area outside the demised premises or adversely affect its structure, electrical, HVAC, plumbing or mechanical systems). Any such approved alterations and improvements shall be performed in accordance with the foregoing and the following provisions of this Article 6:

Appears in 1 contract

Samples: Sublease Agreement (Eyetech Pharmaceuticals Inc)

ALTERATIONS AND INSTALLATIONS. 6.01. 6.01 Tenant shall make no alterations, installations, additions or improvements in or to the Demised Premises demised premises without Landlord's prior written consent and then only by contractors or mechanics who are first approved by Landlord beforehand or who are on the list of approved contractors for the Complex prepared by Landlord and furnished to Tenant upon request. Landlord hereby approves Nova Interiors, Xxxx Electric and Aztec Corporation to perform Tenant's Work with respect to the initially Demised PremisesLandlord. All such work, alterations, installations, additions and improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. Upon completion of such work, Tenant shall obtain and deliver to Landlord written, unconditional waivers of mechanic's or other liens on the real property in which the demised premises are located, signed by all architects, engineers, contractors, mechanics and designers to become involved in such work. In connection with any alterations costing in excess of $100,000 (excluding Tenant's Work and Tenant's initial build-out of the Added Space, as hereinafter defined, provided Tenant shall use bondable contractors and subcontractors in connection with the performance of same), Tenant shall also provide at Landlord's request such financial security as Landlord shall require to guarantee completion of work performed by Tenant pursuant to this Article 6 and payment of all contractors and suppliers utilized in connection therewith. Any installations, materials and work which may be undertaken by or for the account of Tenant to prepare, equip, decorate and furnish the demised premises for Tenant's occupancy and any future work in the Demised Premises demised premises shall be done effected solely in accordance with plans and specifications (prepared by a licensed engineer) first approved in writing by Landlord. Landlord shall have five (5) days to approve such plans; provided, that in the event such plans are submitted to third party consultants for their review, then Landlord shall have ten (10) days to approve such plans, provided, that in either case, Landlord may extend the time period, as applicable, by five (5) days by giving notice of same to Tenant by the end of the original time period, as applicable, provided above. Tenant shall reimburse Landlord promptly upon demand for any reasonable out-of-pocket costs and expenses actually incurred by Landlord in connection with Landlord's review of such Tenant's plans and specifications. Landlord will not unreasonably withhold or delay its consent to requests for non structural nonstructural alterations, additions and improvements (provided they will not interfere with the operation of the Complex nor affect the outside of the Complex nor Building or any area outside the demised premises (other than mechanical systems) or adversely affect its structure, electrical, HVAC, plumbing or mechanical systems). Any such approved alterations and improvements shall be performed in accordance with the foregoing and the following provisions of this Article 6:

Appears in 1 contract

Samples: Agreement of Lease (THCG Inc)

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ALTERATIONS AND INSTALLATIONS. 6.01. 8.01 Tenant shall make no alterations, installations, additions or improvements in or to the Demised Premises demised premises without Landlord's prior written consent and then consent. All such work shall be effected only by contractors or mechanics who are first approved by Landlord beforehand Landlord, which approval shall not be unreasonably withheld or who are on the list of approved contractors for the Complex prepared by Landlord and furnished to Tenant upon request. Landlord hereby approves Nova Interiors, Xxxx Electric and Aztec Corporation to perform Tenant's Work delayed with respect to written requests for contractors or mechanics performing nonstructural interior alteration work which does not affect utility services or plumbing and electrical lines or other systems of the initially Demised PremisesBuilding. All such work, alterations, installations, additions and improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. Any Upon completion of such work, Tenant shall obtain and deliver to Landlord written, unconditional waivers of mechanic's or other liens on the real property in which the demised premises are located, signed by (i) all contractors, subcontractors, materialmen and laborers and (ii) all architects, engineers and designers to become involved in such work. Tenant's work to complete the demised premises and any future work in the Demised Premises demised premises shall be done effected solely in accordance with plans and specifications (prepared by a licensed engineer) first approved in writing by Landlord. Landlord shall have five (5) days to approve such plans; provided, that in the event such plans are submitted to third party consultants for their review, then Landlord shall have ten (10) days to approve such plans, provided, that in either case, Landlord may extend the time period, as applicable, by five (5) days by giving notice of same to Tenant by the end of the original time period, as applicable, provided above. Tenant shall reimburse Landlord promptly upon demand for any reasonable costs and expenses incurred by Landlord in connection with Landlord's review of such Tenant's plans and specifications. Landlord will not unreasonably withhold or delay its consent to written requests for non structural nonstructural interior alterations, additions and improvements (improvements, provided they will that such alterations, etc., do not interfere with the operation adversely affect utility services or plumbing and electrical lines or other systems of the Complex nor affect the outside of the Complex nor adversely affect its structure, electrical, HVAC, plumbing or mechanical systems)Building. Any such approved alterations and improvements shall be performed in accordance with the foregoing and the following provisions of this Article 6Article:

Appears in 1 contract

Samples: Agreement of Lease (Gantos Inc)

ALTERATIONS AND INSTALLATIONS. 6.01. Tenant ARTICLE X. Lessee shall not make no alterations, installations, additions or improvements any alterations in or additions to the Demised Premises without Landlordfirst procuring Lessor's prior written consent and then only by contractors or mechanics who are approved by Landlord beforehand or who are on the list of approved contractors for the Complex prepared by Landlord and furnished to Tenant upon request. Landlord hereby approves Nova Interiors, Xxxx Electric and Aztec Corporation to perform Tenant's Work with respect to the initially Demised Premisesconsent. All such work, alterations, installations, additions and improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. Any work in the Demised Premises shall be done solely in accordance with plans and specifications (prepared by a licensed engineer) first approved in writing by Landlord. Landlord shall have five (5) days to approve such plans; provided, that in the event such plans are submitted to third party consultants for their review, then Landlord shall have ten (10) days to approve such plans, provided, that in either case, Landlord may extend the time period, as applicable, by five (5) days by giving notice of same to Tenant by the end of the original time period, as applicable, provided above. Tenant shall reimburse Landlord promptly upon demand for any reasonable costs and expenses incurred by Landlord in connection with Landlord's review of such Tenant's plans and specifications. Landlord will not unreasonably withhold or delay its consent to requests for non structural alterations, additions and improvements (provided they will not interfere improvements, shall remain and be surrendered with the operation Premises at the termination of the Complex nor affect Term of this Lease, whether by lapse of time or otherwise, all without credit to Lessee, unless such removal has been consented to or required at the outside time of Lessor's consent to the alteration. Lessee shall make all of the Complex nor adversely affect its structure, electrical, HVAC, plumbing or mechanical systems). Any such approved alterations and installations at Lessee's sole cost and expense. All work and materials shall be furnished and conducted in a good and workmanlike manner. If a permit is required for any alteration and/or installation Lessee agrees to give Lessor copies of any all applications, inspection reports and approvals. If Lessor shall not allow an alteration or improvement to remain after termination, Lessee shall remove the alterations, improvements shall and installations placed in the Premises by Lessee and repair any damage occasioned by such removals. All removals and repairs are to be performed in accordance a good and workmanlike manner, no less than 10 days prior to the termination of this Lease, all at Lessee's sole cost and expense. The foregoing shall not apply to any of Lessee's personal property, furniture, trade fixtures, machinery, equipment or production facilities, all of which shall at all times remain the property of Lessee and Lessee shall have the right to install and/or remove all of Lessee’s trade fixtures, machinery, equipment, and production facilities without Lessor’s written consent. For any installations and/or removals Lessee agrees that all work will be compliant with the foregoing all applicable laws, ordinances, rules and regulations and that any adverse condition “Damage” will be repaired and the following provisions premises restored by Lessee at the termination of this Article 6:the Lease, at Lessee’s sole cost and expense.

Appears in 1 contract

Samples: Reliv International Inc

ALTERATIONS AND INSTALLATIONS. 6.01. Tenant 3.01.Tenant shall make no alterations, installations, additions or improvements Improvements in or to the Demised Premises demised premises without Landlord's ______________________ **including for the installation, maintenance and operation in a portion of the demised premises of a securities trading room and computer room relating to Tenant's business and Tenant shall use and occupy the demised premises for no other purpose. Any such installation shall be effected in accordance with the applicable provisions of this Lease, including Articles 3 and 47, and in accordance with all applicable laws, rules and regulations. * Landlord will not unreasonably withhold or delay its approval of Tenant's contractors with respect to nonstructural interior alteration work which does not affect utility services or plumbing or electrical lines or other systems of the Building. Additionally, within ten (10) days after a written request by Tenant, Landlord shall provide Tenant with a list of three (3) additional contractors who are approved for work in the Building, for any work or trade specified by Tenant in its request. prior written consent and then consent; all such work shall be done only by contractors or mechanics who are approved designated by Landlord beforehand or who are on the list of as approved contractors for the Complex prepared by Landlord and furnished to Tenant upon request. Landlord hereby approves Nova Interiors, Xxxx Electric and Aztec Corporation to perform Tenant's Work with respect to the initially Demised PremisesBuilding. All such work, alterations, installations, additions and improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. Any work Prior to commencement of such work, Tenant shall obtain and deliver to Landlord a written letter of authorization, in the Demised Premises form satisfactory to Landlord's counsel, signed by all architects, engineers, surveyors and designers to become involved in such work, which shall be done solely in accordance with plans and specifications (prepared by a licensed engineer) first approved in writing by Landlord. Landlord shall have five (5) days to approve such plans; provided, that in the event such confirm that*** any of their drawings or plans are submitted to third party consultants for their review, then Landlord shall have ten (10) days to approve such plans, provided, that in either case, Landlord may extend be removed from any filing with governmental authorities on the time period, as applicable, by five (5) days by giving notice request of same to Tenant by the end of the original time period, as applicable, provided above. Tenant shall reimburse Landlord promptly upon demand for any reasonable costs and expenses incurred by Landlord in connection with Landlord's review of such Tenant's plans and specifications. Landlord will not unreasonably withhold or delay its consent to requests for non structural alterations, additions and improvements (provided they will not interfere with the operation of the Complex nor affect the outside of the Complex nor adversely affect its structure, electrical, HVAC, plumbing or mechanical systems). Any such approved alterations and improvements shall be performed in accordance with the foregoing and the following provisions of this Article 6:

Appears in 1 contract

Samples: Agreement (First Albany Companies Inc)

ALTERATIONS AND INSTALLATIONS. 6.01. 6.1 Tenant shall make no alterations, installations, additions or improvements (such work hereinafter collectively referred to as "ALTERATIONS") in or to the Demised Premises demised premises without Landlord's prior written consent and then only by contractors or mechanics who are first approved by Landlord beforehand or who are on the list of approved contractors for the Complex prepared by Landlord and furnished to Tenant upon request. Landlord hereby approves Nova Interiors, Xxxx Electric and Aztec Corporation to perform Tenant's Work with respect to the initially Demised PremisesLandlord. All such work, alterations, installations, additions and improvements Alterations shall be done at Tenant's sole expense cost and expense, and at such times and in such manner as Landlord may from time to time reasonably designate. Any Tenant may from time to time during the term of this lease, at its expense, make non-structural cosmetic changes, which cost less than Twenty-Five Thousand 00/100 Dollars ($25,000.00), without Landlord's prior consent. Tenant shall obtain and deliver to Landlord written, unconditional waivers of mechanic's or other liens on the real property in which the demised premises are located, signed by all architects, engineers, contractors, mechanics and designers involved in such Alterations as and when such architects, engineers, contractors, mechanics and designers are paid for their work in connection therewith. Any Alterations in the Demised Premises demised premises shall be done effected solely in accordance with the plans and specifications (prepared by a licensed engineer) first approved in writing by Landlord. Landlord shall have five (5) days to approve such plans; provided, that in the event such plans are submitted to third party consultants for their review, then Landlord shall have ten (10) days to approve such plans, provided, that in either case, Landlord may extend the time period, as applicable, by five (5) days by giving notice of same to Tenant by the end of the original time period, as applicable, provided above. Tenant shall reimburse Landlord promptly upon demand for any reasonable out-of-pocket costs and expenses incurred by Landlord in connection with Landlord's review of such Tenant's plans and specifications. Landlord will not unreasonably withhold or delay its consent to requests for non structural alterations, additions and improvements nonstructural Alterations (provided they will not interfere with the operation of the Complex nor affect the outside of the Complex nor Building or the demised premises or adversely affect its the Building's structure, electrical, HVAC, plumbing plumbing, mechanical or mechanical other systems). Any Prior to granting its consent to Alterations, Landlord may impose such approved alterations conditions as to guarantee of completion and improvements shall be performed in accordance with the foregoing payment and the following provisions of this Article 6:restoration as Landlord may reasonably consider desirable.

Appears in 1 contract

Samples: Agreement of Lease (Interliant Inc)

ALTERATIONS AND INSTALLATIONS. 6.01. Tenant shall make no alterations, installations, additions or improvements in or to the Demised Premises demised premises without Landlord's prior written consent which consent as to non-structural interior alterations which do not adversely affect Building systems shall not be unreasonably withheld or delayed and then only by contractors or mechanics who are first approved by Landlord beforehand which approval shall not be unreasonably withheld or who are on the delayed provided, however, that in connection with any alterations, installations or additions and improvement which will affect any Building systems, Tenant shall use contractors or mechanics chosen from a list of approved contractors for the Complex prepared to be supplied by Landlord and furnished Landlord, said list to Tenant upon request. Landlord hereby approves Nova Interiors, Xxxx Electric and Aztec Corporation to perform Tenantcontain no less than three (3) firms in each trade("Landlord's Work with respect to the initially Demised PremisesApproved List"). All such work, alterations, installations, additions and improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. Prior to commencement of such work, Tenant shall obtain and deliver to Landlord written, unconditional waivers of mechanic's or other liens on the real property in which the demised premises are located, signed by all architects, engineers, contractors, mechanics and designers to become involved in such work. Tenant shall also provide at Landlord's request such financial security or proof of financial responsibility as Landlord shall reasonably require to guarantee completion of Tenant's work and payment of all contractors and suppliers utilized in connection therewith. Any Tenant's work in the Demised Premises demised premises shall be done effected solely in accordance with plans and specifications (prepared by a licensed engineer) first approved in writing by Landlord. Landlord shall have five (5) days provided Tenant need not prepare plans if same are not required to approve such plans; provided, that in the event such plans obtain a building permit or are submitted to third party consultants for their review, then Landlord shall have ten (10) days to approve such plans, provided, that in either case, Landlord may extend the time period, as applicable, by five (5) days by giving notice of same to Tenant by the end of the original time period, as applicable, provided aboveotherwise not required under applicable law. Tenant shall reimburse Landlord promptly upon demand for any reasonable actual out-of-pocket costs and expenses incurred by Landlord in connection with Landlord's review of such Tenant's plans and specifications. Landlord will not unreasonably withhold or delay its consent to requests for non structural alterations, additions and improvements (provided they will not interfere with the operation of the Complex nor affect the outside of the Complex nor adversely affect its structure, electrical, HVAC, plumbing or mechanical systems). Any such approved alterations and improvements shall be performed in accordance with the foregoing and the following provisions of this Article 6:

Appears in 1 contract

Samples: 24/7 Media Inc

ALTERATIONS AND INSTALLATIONS. 6.01. 6.01 Tenant shall make no alterations, installations, additions or improvements in or to the Demised Premises demised premises without Landlord's prior written consent and then only by contractors or mechanics who are first approved by Landlord beforehand or who are on the list of approved contractors for the Complex prepared by Landlord and furnished to Tenant upon requestLandlord. Landlord hereby approves Nova Interiorsapproves, Xxxx Electric and Aztec Corporation to perform for use by Tenant for the performance of Tenant's Work with respect to Work, the initially Demised Premisescontractors, construction managers, mechanics and subcontractors/trade contractors set forth on Exhibit D attached hereto and made a part hereof. All such work, alterations, installations, additions and improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. In connection with any alterations costing in excess of $100,000 (excluding Tenant's Work, provided Tenant shall use bonded contractors and subcontractors in connection with the performance of Tenant's Work), Tenant shall also provide at Landlord's request such financial security as Landlord shall require to guarantee completion of Tenant's work and payment of all contractors and suppliers utilized in connection therewith. Any installations, materials and work in which may be undertaken by or for the Demised Premises account of Tenant other than merely decorative work such as painting or carpeting, shall be done effected solely in accordance with plans and specifications (prepared by a licensed engineer) first approved in writing by Landlord. Landlord shall have five (5) days to approve such plans; provided, that in the event such plans are submitted to third party consultants for their review, then Landlord shall have ten (10) days to approve such plans, provided, that in either case, Landlord may extend the time period, as applicable, by five (5) days by giving notice of same to Tenant by the end of the original time period, as applicable, provided above. Tenant shall reimburse Landlord promptly upon demand for any reasonable out-of-pocket costs and expenses incurred by Landlord in connection with Landlord's review of such Tenant's plans and specifications. Landlord will not unreasonably withhold or delay its consent to requests for non structural nonstructural alterations, additions and improvements (provided they will not interfere with the operation of the Complex nor affect the outside of the Complex nor Building or any area outside the demised premises or adversely affect its structure, electrical, HVAC, plumbing or mechanical systems). Any such approved alterations and improvements shall be performed in accordance with the foregoing and the following provisions of this Article 6:

Appears in 1 contract

Samples: Innovo Group Inc

ALTERATIONS AND INSTALLATIONS. 6.01. 6.01 Tenant shall make no alterations, installations, additions or improvements in or to the Demised Premises demised premises without Landlord's ’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed and then only by contractors or mechanics who are first approved by Landlord beforehand Landlord, which consent shall not be unreasonably withheld, conditioned or who are on the list of approved contractors for the Complex prepared by Landlord and furnished to Tenant upon request. Landlord hereby approves Nova Interiors, Xxxx Electric and Aztec Corporation to perform Tenant's Work with respect to the initially Demised Premises. delayed All such work, alterations, installations, additions and improvements shall be done at Tenant's ’s sole expense and at such times and in such manner as Landlord may from time to time reasonably designatedesignate (it being agreed that such work may be performed during regular business hours of the Building unless the same is expected to materially interfere with the operation of the Building or other tenants). Prior to commencement of such work and/or during the progress thereof and as Tenant makes payment therefor, Tenant shall obtain and deliver to Landlord written, unconditional waivers of mechanic’s or other liens on the real property in which the demised premises are located, signed by all architects, engineers, contractors, mechanics and designers to become involved in such work. Tenant shall also provide at Landlord’s request such financial security as Landlord shall require to guarantee completion of Tenant’s work and payment of all contractors and suppliers utilized in connection therewith. Notwithstanding the foregoing, Landlord hereby consents to the installation of the alterations described on Schedule D as (the “Tenant Work” and together with Landlord’s Work the “Initial Work”) and Landlord further agrees that (i) Tenant shall not be required to provide any financial security with respect to the same, (ii) Landlord shall not charge Tenant any oversight, management or approval fees in connection with the same, (iii) Tenant shall have no obligation to remove such alterations at the end of the term, and (iv) Tenant shall not be required to provide “as built” plans with respect to such alterations. Any Tenant’s work in the Demised Premises demised premises (other than work which is cosmetic in nature) shall be done effected solely in accordance with plans and specifications (prepared by a licensed engineer) first approved in writing by Landlord. Landlord , which consent shall have five (5) days to approve such plans; provided, that in the event such plans are submitted to third party consultants for their review, then Landlord shall have ten (10) days to approve such plans, provided, that in either case, Landlord may extend the time period, as applicable, by five (5) days by giving notice of same to Tenant by the end of the original time period, as applicable, provided abovenot be unreasonably withheld. Tenant shall reimburse Landlord promptly upon demand for any reasonable costs and expenses incurred by Landlord in connection with Landlord's its review of such Tenant's ’s plans and specificationsspecifications by architects, engineers and/or consultants engaged by it for that purpose. Landlord will not unreasonably withhold or delay its consent may, at Landlord’s election, assume responsibility at Tenant’s expense for filing of plans and obtaining permits, and may utilize Landlord’s consultants for such purpose but subject to requests for non structural alterations, additions and improvements (provided they will not interfere with delays caused by the operation City of the Complex nor affect the outside of the Complex nor adversely affect its structure, electrical, HVAC, plumbing or mechanical systems)New York. Any such approved alterations and improvements shall be performed in accordance with the foregoing and the following provisions of this Article 6:

Appears in 1 contract

Samples: Agreement of Lease (Enernoc Inc)

ALTERATIONS AND INSTALLATIONS. 6.01. To the extent the provisions of Article 42 to this Lease conflict with the provisions of this Article 6, then, with respect to Tenant's Work, the provisions of Article 42 hereto shall govern. Tenant shall make no alterations, installations, additions or improvements in or to the Demised Premises demised premises (other than purely decorative work in the nature of interior wall covering, moveable partitions, carpeting and picture hanging) without Landlord's prior written consent and then only by contractors or mechanics who are approved by Landlord beforehand which approval shall not be unreasonably withheld or who are on delayed, provided however, Tenant shall use the list of approved contractors for the Complex prepared contractor recommended by Landlord with respect to the life-safety and furnished to Tenant upon requestthe BMS systems of the Building, provided such contractor provides its services promptly and at a commercially reasonable cost. Landlord hereby approves Nova Interiors, Xxxx Electric the contractors and Aztec Corporation to perform subcontractors listed on Schedule R annexed hereto for the performance of Tenant's Work with respect provided they shall use only union labor therefor. If Landlord shall disapprove any contractor or subcontractor proposed by Tenant to perform work in the initially Demised Premisesdemised premises, Landlord shall notify Tenant in writing of such disapproval specifying the reasonable grounds which are the basis for Landlord's disapproval which shall be limited to a previous adverse experience between such contractor or subcontractor and Landlord or Landlord's agents. All such work, alterations, installations, additions and improvements shall be done at Tenant's sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. Any designate in its reasonable judgment except as otherwise set forth in the applicable Building standard specification governing the performance of Tenant's improvement work in the Demised Premises Building. All work in the demised premises except for so-called decorative work (i.e., wall covering, carpeting, moveable partitions and picture hanging) shall be done solely in accordance with plans and specifications (prepared by a licensed engineer) first approved in writing by Landlord. To the extent that pursuant to the provisions of this Lease Landlord's consent to such work shall not be unreasonably withheld or delayed, then such approval of such plans and specifications shall not be unreasonably withheld or delayed. If Landlord shall have five not approve or disapprove (5noting any disapproval with particularity) days to approve such plans; provided, that in the event such Tenant's plans are submitted to third party consultants for their review, then Landlord shall have and specifications within ten (10) days to approve such plans, provided, that in either case, Landlord may extend the time period, as applicable, Business Days after receipt of Tenant's written request for approval therefor (which ten (10) Business Day period shall be extended by five (5) days Business Days with respect to any review by giving notice of same to Tenant by the end of the original time periodLandlord's outside consultants), as applicable, provided abovethen Landlord's approval shall be deemed given. Tenant shall reimburse pay to Landlord promptly upon demand for any demand, as additional rent, Landlord's reasonable actual out-of-pocket costs and expenses incurred (including, without limitation, the fees of any architect or engineer employed by Landlord for such purpose and Tenant agrees to (A) pay Xxxxxxxxx Associates' reasonable fee for its review work, and (B) pay Xxxxxxx Associates' reasonable fee for its review work) for (i) reviewing said plans and specifications and (ii) inspecting the alterations to determine whether the same are being performed in accordance with the approved plans and specifications, the provisions of any Superior Instruments and all laws and requirements of public authorities. The foregoing review fees of Xxxxxxxxx Associates and Xxxxxxx Associates shall not be payable by Tenant if in connection with any alterations in the demised premises Tenant shall employ the services of such engineering firms to prepare Tenant's engineering drawings. Except to the extent herein expressly set forth, Landlord shall not impose or be entitled to any fees, charges or other amounts in connection with Tenant's alterations for (i) indirect costs, field inspections, coordination or supervision, or (ii) use of the freight elevator during normal business hours. Tenant agrees that the mere review or approval by Landlord of any plans and/or specifications with respect to any alterations is solely for Landlord's review benefit, and without any representation or warranty whatsoever to Tenant with respect to the adequacy, correctness or efficiency thereof or otherwise; nor shall Landlord incur any liability, obligation or responsibility to Tenant or any third party by reason of such Tenant's plans review and specificationsapproval. Landlord will not unreasonably withhold or delay its consent to requests for non structural nonstructural alterations, additions and improvements (provided they will not (i) adversely interfere with the operation of the Complex nor Building; (ii) affect the outside exterior or the exterior appearance of the Complex nor adversely Building; (iii) affect its structure, the structural elements or strength of the Building; or (iv) affect the proper functioning of the electrical, HVAC, plumbing or mechanical systems)systems of the Building. In connection with the installation of Tenant's communications and electrical wiring, Tenant shall have the right to use, on a non-exclusive basis, its pro rata share of the amount of space in the vertical shafts and risers of the Building available for such purposes, such proration to be calculated on the basis of the ratio of the rentable square footage of the demised premises to the total rentable square footage of the tenantable area serviced by such shafts and risers. Any such approved alterations and improvements shall be performed in accordance with the foregoing and the following provisions of this Article 6:

Appears in 1 contract

Samples: Agreement (Investment Technology Group Inc)

ALTERATIONS AND INSTALLATIONS. 6.01. Tenant shall 6.01 Tenant, upon notice to but without obtaining Landlord’s consent, may make no alterations, installations, additions or improvements in or to the Demised Premises demised premises which (x)(i) do not affect any structural or mechanical portion, or the electrical systems, of the Building and (ii) are of a purely decorative or cosmetic nature such as painting, carpeting, wall coverings and the like, (y) cost less than $5.00 per square foot with respect to the area affected by such work and (z) do not require a building permit. Tenant shall make no other alterations, installations, additions or improvements in or to the demised premises without Landlord's ’s prior written consent and then only by contractors or mechanics who are reasonably approved by Landlord beforehand Landlord; provided, that Tenant shall only use contractors or who are on the list of approved contractors for the Complex prepared mechanics designated by Landlord and furnished to Tenant upon request. Landlord hereby approves Nova Interiorsfor any alterations, Xxxx Electric and Aztec Corporation to perform Tenant's Work with respect to installations, additions or improvements which affect the initially Demised Premiseslife safety and/or other systems of the Building. All such work, alterations, installations, additions and improvements shall be done at Tenant's ’s sole expense and at such times and in such manner as Landlord may from time to time reasonably designate. Any Tenant’s Initial Work and any future work in the Demised Premises demised premises shall be done solely in accordance with plans and specifications (prepared by a licensed engineer) first approved in writing by Landlord. Landlord shall have five (5) days to approve such plans; provided, that in the event such plans are submitted to third party consultants for their review, then Landlord shall have ten (10) days to approve such plans, provided, that in either case, Landlord may extend the time period, as applicable, by five (5) days by giving notice of same to Tenant by the end of the original time period, as applicable, provided above. Tenant shall reimburse Landlord promptly upon demand for any reasonable costs and expenses incurred by Landlord in connection with Landlord's review of such Tenant's plans and specifications. Landlord will not unreasonably withhold or delay its consent to requests for non structural alterations, additions and improvements improvements. Landlord shall respond to Tenant’s plans and specifications for Tenant’s Initial Work within ten (10) Business Days after submission, provided they that, if Tenant notifies Landlord that an emergency situation exists (i.e., that there is a realistic and imminent threat to the safety of persons or the preservation of property), Landlord shall endeavor to respond more quickly. In determining whether Landlord has acted reasonably, the following factors shall be taken into consideration: (A) whether the proposed alteration is structural and/or will not interfere with the operation of the Complex nor or affect the outside of the Complex nor adversely or affect its structure, electrical, HVAC, plumbing or mechanical systems), (B) whether such alteration will affect the occupancy of any other tenant in the Complex and (C) whether such alteration is a customary type of alteration for the uses permitted by Section 5.01 and in accordance with a first class office building standard. If Landlord fails to respond to Tenant’s proposed alterations and plans and specifications within such ten (10) Business Day period, such alterations and plans and specifications shall be deemed approved, provided that Tenant shall have sent Landlord a second request for approval containing the following language and Landlord shall have failed to respond within five Business Days: “THIS IS A SECOND REQUEST FOR APPROVAL OF THE PROPOSED ALTERATIONS. IF LANDLORD DOES NOT RESPOND TO THIS SECOND REQUEST WTHIN FIVE BUSINESS DAYS, LANDLORD’S APPROVAL SHALL BE DEEMED GRANTED PURSUANT TO THE PROVISIONS OF THE LEASE.” Any such approved alterations and improvements shall be performed in accordance with the foregoing and the following provisions of this Article 66 and Schedule C:

Appears in 1 contract

Samples: Office Lease (Arch Capital Group Ltd.)

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