Common use of Alterations and Repairs Clause in Contracts

Alterations and Repairs. Lessee shall not make or permit to be made any other alterations, additions, improvements, or changes (collectively, “Alterations”), in the premises, without Lessor’s prior written approval, which approval Lessor may withhold in Lessor’s sole discretion. Subject to the services to be rendered by Lessor as set forth in the Schedule, Lessee shall, at Lessee’s expense, keep the premises generally consistent with the standard maintained by other tenants of premises in the Building during the tenancy. If Lessee does not make repairs promptly and adequately, Lessor may, but need not, make repairs, and Lessee shall pay promptly the reasonable cost thereof. At any time or times, Lessor, either voluntarily or pursuant to governmental requirement, may, at Lessor’s expense, make repairs, alterations, or improvements in or to the Building or any part thereof, including the premises, and, during such operations Lessor may close entrances, doors, corridors, elevators, or other facilities, all without any liability to Lessee or deduction of rent by reason of interference, inconvenience, or annoyance; provided that Lessee shall have access to the premises sufficient for conduct of Lessee’s business. Lessor shall not be liable to Lessee for any expense, injury, loss, or damage resulting from work done in or upon, or the use of, any adjacent or nearby building, land, street, or alley, provided that Lessor makes a reasonable effort to minimize the disruption to Lessee’s business. In the event Lessee requests that repairs, alterations, decorating, or other work in the premises be made during periods other than ordinary business hours, Lessee shall pay Lessor for overtime and other additional expenses incurred because of such request.

Appears in 2 contracts

Sources: Month to Month Tenancy Agreement, Month to Month Tenancy Agreement (Acclarent Inc)

Alterations and Repairs. Lessee 8.1. Sublessee shall not make or permit to be made any other no alterations, additionsinstallations, additions or improvements, or changes including Sublessee's initial leasehold improvements (collectively, "Alterations") in or about the Premises without the prior written consent of Sublessor and Landlord in each instance, which consent shall not be unreasonably withheld by Sublessor as to nonstructural Alterations which do not affect building systems provided any required consent of Landlord shall have first been obtained. Any Alterations consented to by Sublessor shall be performed by Sublessee, at its sole cost and expense, and in compliance with the following requirements: (a) Sublessee, at its sole expense, shall comply with all of the provisions of this Sublease and the Master Lease pertaining to the making of Alterations, including, without limiting the generality of the foregoing, the provisions requiring the prior written consent of Landlord before any Alterations may be made in or about the Premises; (b) Sublessee shall submit to Sublessor for its and Landlord's prior written approval all plans and specifications for such proposed Alterations, together with the name of the proposed contractor and all proposed subcontractors, and all other documentation required to be submitted by Sublessor to Landlord under the Master Lease in respect of such Alterations; (c) Sublessee, at its sole expense, and prior to commencing any work, shall deliver to Sublessor at Sublessor's option either (i) a performance bond and a labor and materials bond (issued by a surety company satisfactory to Sublessor and licensed to do business in New York State), in an amount equal to 125% of the premisesestimated cost of such Alteration and otherwise in form reasonably satisfactory to Sublessor or (ii) such other security as shall be satisfactory to Sublessor; (d) Sublessee shall furnish Sublessor with certificates of insurance as shall be reasonably satisfactory to Sublessor as to coverage and insurer (who shall be licensed to do business in the State of New York), without Lessor’s prior written approvalincluding, but not limited to, liability, property damage, and worker's compensation insurance to protect Sublessor, Landlord, their agents, employees, successors and assigns and Sublessee during the period of the performance of such Alteration; (e) All such Alterations shall be performed in a good and workmanlike manner and in compliance with all Legal Requirements and with all requirements of any insurance policies affecting the Premises or the Building and so as to cause as little interference as possible with Sublessor's or its sublessees' use, occupancy and enjoyment of the premises of which approval Lessor may withhold the Premises are a part; and (f) Sublessee, at its sole expense, shall obtain all municipal and other governmental licenses, permits, authorizations, approvals and certificates required in Lessor’s sole discretionconnection with such Alteration. 8.2. Subject Sublessor shall have no obligations whatsoever to make any repairs or Alterations in the Premises to any systems serving the Premises or to any equipment, fixtures or furnishing in the Premises, or to restore the Premises in the event of a fire or other casualty therein or to perform any other duty with respect to the services Premises which Landlord is required to be rendered by Lessor as set forth perform pursuant to certain obligations which Landlord has to Sublessor under the Master Lease. Sublessee shall look solely to Landlord for the making of any and all repairs in the Schedule, Lessee shall, at Lessee’s expense, keep Premises and the premises generally consistent with the standard maintained by performance of all such other tenants of premises in the Building during the tenancy. If Lessee does not make repairs promptly work and adequately, Lessor may, but need not, make repairs, responsibilities and Lessee shall pay promptly the reasonable cost thereof. At any time or times, Lessor, either voluntarily or pursuant to governmental requirement, may, at Lessor’s expense, make repairs, alterations, or improvements in or only to the Building or any part thereof, including extent required by the premises, and, during such operations Lessor may close entrances, doors, corridors, elevators, or other facilities, all without any liability to Lessee or deduction terms of rent by reason of interference, inconvenience, or annoyance; provided that Lessee shall have access to the premises sufficient for conduct of Lessee’s business. Lessor shall not be liable to Lessee for any expense, injury, loss, or damage resulting from work done in or upon, or the use of, any adjacent or nearby building, land, street, or alley, provided that Lessor makes a reasonable effort to minimize the disruption to Lessee’s business. In the event Lessee requests that repairs, alterations, decorating, or other work in the premises be made during periods other than ordinary business hours, Lessee shall pay Lessor for overtime and other additional expenses incurred because of such requestMaster Lease.

Appears in 1 contract

Sources: Sublease (Innovo Group Inc)

Alterations and Repairs. Except for any initial leasehold improvements provided for in the Schedule, Lessee shall not make or permit to be made any other alterations, additions, improvements, or changes (collectively, “Alterations”), in the premises, premises without Lessor’s the prior written approvalconsent of Lessor, which approval Lessor may withhold in Lessor’s sole discretionshall not be unreasonably withheld. Subject to the services service to be rendered by Lessor as set forth in the Schedule, Lessee shall, at Lessee’s 's own expense, keep the premises generally consistent in good order, condition, and repair during the term, including the replacement of all broken glass with glass of the same size and quality under the supervision and with the standard maintained by other tenants approval of premises in the Building during the tenancyLessor. If Lessee does not make repairs promptly and adequately, Lessor may, may but need not, make repairs, and Lessee shall pay promptly the reasonable cost thereof. At any time or times, Lessor, Lessor either voluntarily or pursuant to governmental requirement, may, at Lessor’s expense, may make repairs, alterations, or improvements in or to the Building building, or any part thereof, including the premises, and, and during such operations Lessor may close entrances, doors, corridors, elevators, elevators and or other facilities, all without any liability to Lessee or deduction of rent by reason of interference, inconvenience, or annoyance; , provided that Lessee shall have reasonable access to the premises sufficient for conduct of Lessee’s businesspremises. Lessor shall not be liable to Lessee for any expense, injury, injury or loss, or damage resulting from work done in or upon, or the use of, of any adjacent or nearby building, land, street, street or alley, provided that Lessor makes a reasonable effort to minimize the disruption to Lessee’s business. In the event Lessee requests that repairs, alterations, decorating, or other work in the premises be made during periods other than ordinary business hours, . Lessee shall pay Lessor for overtime and other additional expenses incurred because of such request.

Appears in 1 contract

Sources: Lease Agreement (Getthere Com)

Alterations and Repairs. Lessee TENANT shall keep the PREMISES in good condition and repair ordinary wear and tear and loss by fire and other casualty excepted, and shall not do any painting or decorating, or erect any partitions, make any alterations in or permit additions, changes or repairs to the PREMISES without the LANDLORD's prior written approval in each and every instance, such consent not to be made any other unreasonably withheld. Unless otherwise agreed by LANDLORD and TENANT in writing, all such work shall be performed either by or under the direction of LANDLORD, but at the cost of TENANT. During the term of this Lease, no work shall be performed by or under the direction of TENANT without the express written consent of LANDLORD. Unless otherwise provided by written agreement, all alterations, additions, improvements, or and changes (collectivelyshall remain upon and be surrendered with the PREMISES, “Alterations”)excepting however that at LANDLORD's option, in the premises, without Lessor’s prior written approval, which approval Lessor may withhold in Lessor’s sole discretion. Subject to the services to be rendered by Lessor as set forth in the Schedule, Lessee TENANT shall, at Lessee’s its expense, keep when surrendering the premises generally consistent with PREMISES, remove from the standard maintained by other tenants of premises in PREMISES and the Building during all such alterations, improvements, and changes and further provided that TENANT may remove any trade fixtures provided the tenancyPREMISES are restored to a condition reasonably satisfactory to LANDLORD. If Lessee TENANT does not make repairs promptly remove said additions, decorations, fixtures, hardware, non-trade fixtures and adequatelyimprovements after request to do so by LANDLORD, Lessor may, but need not, make repairs, LANDLORD may remove the same and Lessee TENANT shall pay promptly the reasonable cost thereofof such removal to LANDLORD upon demand. At any time or times, Lessor, either voluntarily or pursuant TENANT hereby agrees to governmental requirement, mayhold LANDLORD TENANT shall, at Lessor’s expensethe termination of this Lease, make repairssurrender the PREMISES to LANDLORD in as good condition and repair as reasonable and proper use thereof will permit, alterationsloss by ordinary wear and tear, or improvements in or to the Building or any part thereof, including the premises, and, during such operations Lessor may close entrances, doors, corridors, elevators, fire or other facilities, all without any liability to Lessee or deduction of rent by reason of interference, inconvenience, or annoyance; provided that Lessee shall have access to the premises sufficient for conduct of Lessee’s business. Lessor shall not be liable to Lessee for any expense, injury, loss, or damage resulting from work done in or upon, or the use of, any adjacent or nearby building, land, street, or alley, provided that Lessor makes a reasonable effort to minimize the disruption to Lessee’s business. In the event Lessee requests that repairs, alterations, decorating, or other work in the premises be made during periods other than ordinary business hours, Lessee shall pay Lessor for overtime and other additional expenses incurred because of such requestcasualty excepted.

Appears in 1 contract

Sources: Lease Agreement (Quotesmith Com Inc)

Alterations and Repairs. Lessee 8.1 Sublessee shall not make or permit to be made any other no alterations, additionsinstallations, improvementsadditions or i mprovements, or changes including Sublessee's initial leasehold improvements (collectively, "Alterations") in or about the Premises without the prior written consent of Sublessor and Landlord in each instance, which consent shall not be unreasonably withheld by Sublessor as to nonstructural Alterations which do not affect building systems provided any required consent of Landlord shall have first been obtained. Any Alterations consented to by Sublessor shall be performed by Sublessee, at its sole cost and expense, and in compliance with the following requirements: (a) Sublessee, at its sole expense, shall comply with all of the provisions of this Sublease and the Master Lease pertaining to the making of Alterations, including, without limiting the generality of the foregoing, the provisions requiring the prior written consent of Landlord before any Alterations may be made in or about the Premises; (b) Sublessee shall submit to Sublessor for its and Landlord's prior written approval all plans and specifications for such proposed Alterations, together with the name of the proposed contractor and all proposed subcontractors, and all other documentation required to be submitted by Sublessor to Landlord under the Master Lease in respect of such Alterations; (c) Sublessee shall furnish Sublessor with certificates of insurance as shall be reasonably satisfactory to Sublessor as to coverage and insurer (who shall be licensed to do business in the State of New York), including, but not limited to, liability, property damage, and worker's compensation insurance to protect Sublessor, Landlord, their agents, employees, successors and assigns and Sublessee during the period of the performance of such Alteration; (d) All such Alterations shall be performed in a good and workmanlike manner and in compliance with all Legal Requirements and with all requirements of any insurance policies affecting the Premises or the Building and so as to cause as little interference as is reasonably possible with Sublessor's or its sublessees' use, occupancy and enjoyment of the premises of which the Premises are a part; and (e) Sublessee, at its sole expense, shall obtain all municipal and other governmental licenses, permits, authorizations, approvals and certificates required in connection with such Alteration. 8.2 Sublessor shall have no obligations whatsoever to make any repairs or Alterations in the premisesPremises to any systems serving the Premises or to any equipment, without Lessor’s prior written approvalfixtures or furnishing in the Premises, or to restore the Premises in the event of a fire or other casualty therein or to perform any other duty with respect to the Premises which approval Lessor may withhold in Lessor’s sole discretionLandlord is required to perform pursuant to certain obligations which Landlord has to Sublessor under the Master Lease. Subject to the services provisions of Section 6.2 above, Sublessee shall look solely to be rendered by Lessor as set forth Landlord for the making of any and all repairs in the Schedule, Lessee shall, at Lessee’s expense, keep Premises and the premises generally consistent with the standard maintained by performance of all such other tenants of premises in the Building during the tenancy. If Lessee does not make repairs promptly work and adequately, Lessor may, but need not, make repairs, responsibilities and Lessee shall pay promptly the reasonable cost thereof. At any time or times, Lessor, either voluntarily or pursuant to governmental requirement, may, at Lessor’s expense, make repairs, alterations, or improvements in or only to the Building or any part thereof, including extent required by the premises, and, during such operations Lessor may close entrances, doors, corridors, elevators, or other facilities, all without any liability to Lessee or deduction terms of rent by reason of interference, inconvenience, or annoyance; provided that Lessee shall have access to the premises sufficient for conduct of Lessee’s business. Lessor shall not be liable to Lessee for any expense, injury, loss, or damage resulting from work done in or upon, or the use of, any adjacent or nearby building, land, street, or alley, provided that Lessor makes a reasonable effort to minimize the disruption to Lessee’s business. In the event Lessee requests that repairs, alterations, decorating, or other work in the premises be made during periods other than ordinary business hours, Lessee shall pay Lessor for overtime and other additional expenses incurred because of such requestMaster Lease.

Appears in 1 contract

Sources: Sublease Agreement (Ambi Inc)

Alterations and Repairs. Lessee Landlord does not warrant either expressly or impliedly the condition or fitness of the Premises except as herein set forth. Tenant shall keep the Premises in good repair, without expense to Landlord; Tenant shall not make allow any waste or permit misuse of the utilities; Tenant shall pay for all damages to be made the Property caused by any other alterationswaste, additionsmisuse or negligence of the Premises; and upon the termination of this Lease, Tenant shall yield up the Premises to Landlord together with all of Tenant's keys and attached fixtures and improvements, or changes (collectively, “Alterations”), in the premisessame condition as when leased, reasonable wear and tear excepted. Tenant may not make any alterations to the Premises without Lessor’s the prior written approvalconsent of Landlord, which approval Lessor may withhold in Lessor’s sole discretion. Subject shall not be unreasonably conditioned delayed or withheld; provided that Tenant shall have the right to perform Tenant's Work and to make any alterations from time to time which do not involve any structural changes to the services building and which cost less than Five Thousand Dollars ($5,000.00) to complete. All improvements which may be rendered made by Lessor as set forth or on behalf of Tenant shall become the property of Landlord, and shall be surrendered with the Premises upon the termination of this Lease. Tenant shall make all repairs to the interior of the Premises, unless same shall be caused by the negligence of Landlord; and, in the Schedule, Lessee shall, at Lessee’s expense, keep the premises generally consistent with the standard maintained by other tenants of premises in the Building during the tenancy. If Lessee does not event Tenant shall fail to make such repairs promptly and adequatelyadequately after written demand therefore by Landlord, Lessor may, but need not, Landlord may make such repairs, and Lessee in which event Tenant shall pay promptly to Landlord, as Additional Rent, the reasonable cost thereof. At any time or times, Lessor, either voluntarily or pursuant to governmental requirement, may, at Lessor’s expense, make repairs, alterations, or improvements in or to the Building or any part thereof, including the premises, and, during such operations Lessor may close entrances, doors, corridors, elevators, or other facilities, all without any liability to Lessee or deduction of rent by reason of interference, inconvenience, or annoyance; provided that Lessee shall have access to the premises sufficient for conduct of Lessee’s business. Lessor shall not be liable to Lessee for any expense, injury, loss, or damage resulting from work done in or upon, or the use of, any adjacent or nearby building, land, street, or alley, provided that Lessor makes a reasonable effort to minimize the disruption to Lessee’s business. In the event Lessee requests that repairs, alterations, decorating, or other work in the premises be made during periods other than ordinary business hours, Lessee shall pay Lessor for overtime and other additional expenses incurred because of such request.repairs. Initialed: /s/ RSW

Appears in 1 contract

Sources: Lease Agreement (Mdsi Mobile Data Solutions Inc /Can/)

Alterations and Repairs. Lessee Tenant shall keep the Premises in good condition and repair and shall not do any painting or decorating, or erect any partitions, make any alterations in or permit additions, changes or repairs to the Premises without Landlord's prior written approval in each and every instance, such consent not to be made any other unreasonably withheld. During the Term of this Lease, no work shall be performed by or under the direction of Tenant without the express written consent of Landlord, Unless otherwise provided by written agreement, all alterations, additions, improvements, or and changes (collectivelyshall remain upon and be surrendered with the Premises, “Alterations”)excepting however that at Landlord's option, in the premises, without Lessor’s prior written approval, which approval Lessor may withhold in Lessor’s sole discretion. Subject to the services to be rendered by Lessor as set forth in the Schedule, Lessee Tenant shall, at Lessee’s its expense, keep then surrendering the premises generally consistent with Premises, remove from the standard maintained by other tenants of premises in Premises any trade fixtures provided the Building during the tenancyPremises are restored to a condition reasonably satisfactory to Landlord. If Lessee Tenant does not make repairs promptly remove said additions, decorations, fixtures, hardware, non-trade fixtures and adequatelyimprovements after request to do so by Landlord, Lessor may, but need not, make repairs, Landlord may remove the same and Lessee Tenant shall pay promptly the reasonable cost thereofof such removal to Landlord upon demand. At Tenant hereby agrees to hold Landlord and Landlord's heirs and beneficiaries, their agents and employees harmless from any time and all liabilities of every kind and description which may arise out of or timesbe connected in any way with said alterations or additions. Except as provided in Section 12(c) hereof, Lessor, either voluntarily any mechanic's or pursuant materialmen's lien filed against Premises for work claimed to governmental requirement, mayhave been furnished to Tenant shall be discharged of record by Tenant within ten (10) days thereafter, at Lessor’s Tenant's expense, make repairs, alterations, or improvements in or to the Building or any part thereof, including the premises, and, during such operations Lessor may close entrances, doors, corridors, elevators, or other facilities, all without any liability to Lessee or deduction of rent by reason of interference, inconvenience, or annoyance; provided that Lessee however Tenant shall have access the right to contest any such lien on the premises posting of reasonably sufficient for conduct of Lessee’s business. Lessor shall not be liable to Lessee for any expense, injury, loss, or damage resulting from work done in or upon, or the use of, any adjacent or nearby building, land, street, or alley, provided that Lessor makes a reasonable effort to minimize the disruption to Lessee’s business. In the event Lessee requests that repairs, alterations, decorating, or other work in the premises be made during periods other than ordinary business hours, Lessee shall pay Lessor for overtime and other additional expenses incurred because of such requestsecurity.

Appears in 1 contract

Sources: Lease (United Natural Foods Inc)

Alterations and Repairs. Lessee Lessee, when not in default of performance of any of its obligations hereunder, shall not make or permit have the right, during the term of this Lease from time to be made any other alterations, additions, improvements, or changes (collectively, “Alterations”)time, in the premises, without Lessor’s prior written approval, which approval such manner and to such extent as Lessor may withhold in Lessor’s sole discretionwriting approve, (which consent shall be governed by paragraph 28 hereof) to alter or repair improvements now or hereafter located on the leased premises. Subject All such alterations and repairs shall conform to the services to be rendered by Lessor as set forth in architectural and design configuration which now exists at the Schedule, premises and shall enhance rather than impair the economic value of the improvements. Lessee shall, at Lessee’s expensebefore commencing any alteration, keep the premises generally consistent addition or repair involving an expenditure of Fifty Thousand Dollars ($50,000) or more, if requested in writing to do so, furnish Lessor with the standard maintained by plans and specifications or other tenants of premises in the Building during the tenancy. If Lessee does not make repairs promptly and adequately, Lessor may, but need not, make repairsdetailed information covering such work, and furnish Lessor with lien and completion bonds to insure payment of the costs thereof. All such additions, repairs and alterations shall be and remain the property of Lessor. Lessor specifically approves the making, at such time or times as Lessee may elect, of any or all those repairs which Lessee may elect to make to the leased premises which are described in waives the requirement for lien or completion bonds in connection with said repairs. All signs and all fixtures and equipment which have been or may be installed, placed or attached in or about demised premises by Lessee shall pay promptly always remain the reasonable cost thereof. At any property of Lessee and, upon termination by expiration of time or times, Lessor, either voluntarily or pursuant to governmental requirement, may, at Lessor’s expense, make repairs, alterationsotherwise of this Lease, or improvements in at any prior time, Lessee may remove all or any of said signs, fixtures and equipment so installed, placed or attached; provided, however, that any damage caused to the Building or any part thereof, including the premises, and, during such operations Lessor may close entrances, doors, corridors, elevators, or other facilities, all without any liability to Lessee or deduction of rent demised premises by reason of interferencesuch removal shall be repaired and paid by Lessee. Lessor may at the termination of this Lease, inconvenienceat its option, require the removal by Lessee at the expense of Lessee of any signs, fixtures, equipment or annoyance; provided that other property installed, placed or attached to, in or about the demised premises by Lessee. Any property of Lessee shall have access not removed from the said premises prior to the premises sufficient for conduct termination of Lessee’s business. this Lease shall at the option of Lessor shall not be liable to deemed abandoned by Lessee for any expense, injury, loss, or damage resulting from work done in or upon, or and be and become the use of, any adjacent or nearby building, land, street, or alley, provided that Lessor makes a reasonable effort to minimize the disruption to Lessee’s business. In the event Lessee requests that repairs, alterations, decorating, or other work in the premises be made during periods other than ordinary business hours, Lessee shall pay Lessor for overtime and other additional expenses incurred because property of such requestLessor.

Appears in 1 contract

Sources: Lease Agreement (Kaynar Holdings Inc)

Alterations and Repairs. Lessee shall not make or permit to be made any other alterations, additions, improvements, or changes (collectively, “Alterations”), in the premises, Premises without Lessor’s the prior written approvalconsent of Lessor, which approval consent Lessor shall not unreasonably withhold, provided that Lessor may withhold in Lessor’s sole discretionmake such consent subject to reasonable conditions. Subject to the services to be rendered by Lessor as set forth in the Schedule, Lessee shall, at Lessee’s 's own expense, keep the premises generally consistent Premises in good order, condition, and repair during the term, including the replacement of all broken glass with glass of the same size and quality under the supervision and with the standard maintained by other tenants approval of premises in the Building during the tenancyLessor. If Lessee does not make repairs promptly and adequately, Lessor may, but need not, make repairs, repairs and Lessee shall pay promptly the reasonable cost thereof. At any time or times, Lessor, either voluntarily or pursuant to governmental requirementrequirements, may, at Lessor’s 's own expense, make repairs, alterations, or improvements in or to the Building or any part thereof, including the premisesPremises, and, during such operations Lessor may close entrances, doors, corridors, elevators, or other facilities, all without any liability to Lessee or deduction of rent by reason of interference, inconvenience, or annoyance; provided that Lessee shall have access to the premises Premises sufficient for conduct of Lessee’s 's business. Lessor shall not be liable to Lessee for any expense, injury, loss, or damage resulting from work done in or upon, or the use of, any adjacent or nearby building, land, street, or alley, provided that Lessor makes a reasonable effort to minimize the disruption to Lessee’s 's business. In the event Lessee requests that repairs, alterations, decorating, or other work in the premises Premises be made during periods other than ordinary business hours, Lessee shall pay Lessor for overtime and other additional expenses incurred because of such request.

Appears in 1 contract

Sources: Lease (E Loan Inc)

Alterations and Repairs. Lessee 9.1 Tenant shall not make or permit suffer to be made any other alterations, additions, improvements, or changes (collectively, “Alterations”), in the premises, without Lessor’s prior written approval, which approval Lessor may withhold in Lessor’s sole discretion. Subject to the services to be rendered by Lessor as set forth in the Schedule, Lessee shall, at Lessee’s expense, keep the premises generally consistent with the standard maintained by other tenants of premises in the Building during the tenancy. If Lessee does not make repairs promptly and adequately, Lessor may, but need not, make repairs, and Lessee shall pay promptly the reasonable cost thereof. At any time or times, Lessor, either voluntarily or pursuant to governmental requirement, may, at Lessor’s expense, make repairs, alterations, additions or improvements in to or to of the Building Demised Premises or any part thereof, including the premisesor attach any fixtures or equipment thereto, andwithout first obtaining Landlord’s written consent. All such alterations, during additions and improvements shall be performed by contractors approved in writing by Landlord and subject to conditions specified by Landlord. If any such operations Lessor may close entrancesalterations, doors, corridors, elevators, additions or other facilities, all without any liability to Lessee or deduction of rent by reason of interference, inconvenience, or annoyance; provided that Lessee shall have access improvements to the premises Demised Premises consented to by Landlord shall be made by Landlord for Tenant’s account, Tenant shall reimburse Landlord for the cost thereof (including a reasonable charge for Landlord’s overhead related thereto) as the work proceeds within five (5) days after receipt of statements therefor. Landlord reserves the right to demand a reasonable deposit from the Tenant prior to the commencement of any such work. All such alterations, additions and improvements shall become the property of Landlord upon their installation and/or completion and shall remain on the Demised Premises upon the expiration or termination of this Lease without compensation to Tenant unless Landlord elects by written notice to Tenant to have Tenant remove the same, in which event Tenant shall promptly restore the Demised Premises to their condition prior to the installation of such alterations, additions and improvements. Notwithstanding the foregoing, the Tenant may install generators upon the Demised Premises in locations outside of the Building acceptable to Landlord which generators shall be sufficient to service the Property, and Tenant shall be solely responsible for conduct all costs and expenses associated with the acquisition, installation, maintenance, repair and replacement thereof. 9.2 Subject to the provisions of Lessee’s businessSection 8.1 hereof, Tenant shall keep the Demised Premises and every part thereof in good condition and repair, Tenant hereby waiving all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as provided by any law, statute or otherwise now or hereafter in effect. Lessor All repairs made by or on behalf of Tenant shall not be liable made and performed in such manner as Landlord may designate, by contractors or mechanics approved by Landlord and in accordance with the rules relating thereto and all Applicable Laws. Tenant shall, subject to Lessee for any expensethe provisions of Section 9.1 hereof, injuryat the end of the term hereof surrender to Landlord the Demised Premises in the same condition as when received, lossordinary wear and tear and damage by fire, or damage resulting from work done in or uponearthquake, act of God or the use ofelements excepted. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any adjacent part thereof and no representations respecting the condition of the Demised Premises or nearby building, land, street, or alley, provided that Lessor makes a reasonable effort the Building have been made by Landlord to minimize the disruption to Lessee’s business. In the event Lessee requests that repairs, alterations, decorating, or other work in the premises be made during periods other than ordinary business hours, Lessee shall pay Lessor for overtime and other additional expenses incurred because of such requestTenant except as expressly set forth herein.

Appears in 1 contract

Sources: Lease Agreement (UWM Holdings Corp)

Alterations and Repairs. Lessee 9.1 Tenant shall not make or permit suffer to be made any other alterations, additions, improvements, or changes (collectively, “Alterations”), in the premises, without Lessor’s prior written approval, which approval Lessor may withhold in Lessor’s sole discretion. Subject to the services to be rendered by Lessor as set forth in the Schedule, Lessee shall, at Lessee’s expense, keep the premises generally consistent with the standard maintained by other tenants of premises in the Building during the tenancy. If Lessee does not make repairs promptly and adequately, Lessor may, but need not, make repairs, and Lessee shall pay promptly the reasonable cost thereof. At any time or times, Lessor, either voluntarily or pursuant to governmental requirement, may, at Lessor’s expense, make repairs, alterations, additions or improvements in to or to of the Building Demised Premises or any part thereof, including the premisesor attach any fixtures or equipment thereto, andwithout first obtaining Landlord's consent (4). All such alterations, during additions and improvements shall be performed by contractors and subject to conditions specified by Landlord. If any such operations Lessor may close entrancesalterations, doors, corridors, elevators, additions or other facilities, all without any liability to Lessee or deduction of rent by reason of interference, inconvenience, or annoyance; provided that Lessee shall have access improvements to the premises sufficient Demised Premises consented to by Landlord shall be made by Landlord for conduct Tenant's account, Tenant shall reimburse Landlord for the cost thereof (including a reasonable charge for Landlord's overhead related thereto(5)) as the work proceeds within five (5) days after receipt of Lessee’s businessstatements therefor. Lessor All such alterations, additions and improvements shall become the property of Landlord upon their installation and/or completion and shall remain on the Demised Premises upon the expiration or termination of this Lease without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove the same(6), in which event Tenant shall promptly restore the Demised Premises to their condition prior to the installation of such alterations, additions and improvements. 1 Notwithstanding the foregoing, Tenant shall not suffer any interruption in service or any extraordinary charges as a result of the termination of such services by Landlord or the supply of such services by the utility company. 2 only provide Building Standard 3 actual costs of Landlord 4 which consent shall not be liable unreasonably withheld with respect to Lessee for any expense, injury, loss, or damage resulting from work done in or upon, or the use of, any adjacent or nearby building, land, street, or alley, provided that Lessor makes a reasonable effort to minimize the disruption to Lessee’s business. In the event Lessee requests that repairs, nonstructural alterations, decorating, additions or other work in the premises be made during periods other than ordinary business hours, Lessee shall pay Lessor for overtime and other additional expenses incurred because of such requestimprovements which do not affect building systems.

Appears in 1 contract

Sources: Lease (Mca Financial Corp /Mi/)

Alterations and Repairs. Lessee A. Tenant shall not make any improvements or permit to be made any other alterations, alterations in or additions, improvements, changes or changes installations to the Premises (collectively, “Alterations”)"Work") without submitting plans and specifications therefor to Landlord, and obtaining Landlord's prior written consent in each instance. Landlord may withhold such consent in its sole discretion if the improvements or alterations or additions or changes or installation shall affect the structural portions of the Project or any of its mechanical, electrical or plumbing systems. Tenant shall have the right, without Landlord's consent, to make non-structural alterations, the total cost of which are less than $10,000.00. For the purpose of the preceding sentence, the term "non-structural alterations" shall mean aesthetic changes to the Premises such as painting, carpeting, and wall covering. Tenant shall also have the right to perform internal wiring Work without first obtaining Landlord's consent to such Work; provided, however, Tenant hereby indemnifies and holds harmless Landlord and the Project from any and all loss, damages, costs, liabilities and expenses arising in connection with the internal wiring Work performed by Tenant, its employees, agents or contractors, including without limitations, damages and costs incurred by other tenants of the Project because of such Work. All Work shall be performed (a) at the sole cost and expense of Tenant by employees of contractors employed by Landlord, or with Landlord's written consent given prior to the letting of the contract, by contractors employed by Tenant under a written contract previously approved in writing by Landlord, and (b) on such terms and under such conditions as Landlord, in the premises, without Lessor’s prior written approval, which approval Lessor may withhold in Lessor’s its sole discretion. Subject , shall determine as will protect the Premises, the Building and the Project from improper contractors' work and against the imposition of any lien resulting from Work; without limiting the foregoing, if Landlord consents to any Work, it shall be performed subject to the following requirements: (1) If the Work is to be done by Tenant's contractors, Tenant shall furnish to Landlord prior to commencement thereof building permits and certificates of appropriate insurance and bonds satisfactory in all respects to Landlord. (2) Upon completion of any Work, Tenant shall furnish Landlord with contractors' affidavits and full and final waivers of lien, each conforming to the applicable Wisconsin statutory requirements, as-built plans of any Work and receipted bills covering all labor and materials expended and used. (3) Any Work permitted to be undertaken by Tenant's contractors shall be performed in such a fashion and by such means as necessary to maintain peace and harmony among the other contractors serving the Project and the other tenants and so as not to cause interference with the continuance of work to be performed or services to be rendered by Lessor as set forth to the Project or the other tenants. (4) All Work shall comply with all insurance requirements and with all applicable laws, ordinances and regulations. All Work shall be constructed in a good and workmanlike manner, and only good grades of material shall be used with a quality equal to or better than that used in the ScheduleProject. (5) Tenant shall permit Landlord to supervise all Work within the Premises. Landlord shall charge a supervisory fee not to exceed (a) ten percent (10%) of the total cost of the Work, Lessee including, without limitation, all labor and material costs, if Landlord's employees or contractors perform the Work, and (b) five percent (5%) of the total cost of the Work, including, without limitation, all labor and material costs, if Tenant's employees or contractors perform the Work and if Tenant was required to obtain Landlord's consent to the Work pursuant to this Section 5. Notwithstanding the foregoing, Tenant shall not be required to pay the 5% supervisory fee for internal wiring Work performed by Tenant, its employees or contractors. B. If Tenant desires telegraphic, telephonic, burglar alarm, computer installations or signal service (all of which shall be at Tenant's sole cost and expense), Landlord shall, upon request, direct where and how all connections and wiring for such service shall be introduced and run. In the absence of any such directions, Tenant shall make no borings, cutting or install any wires or cable in or about the Premises. Landlord shall use its best efforts not to impose conditions or requirements on Tenant with respect to this Section 5.B. that unreasonably interfere with Tenant's business operations. C. Tenant agrees to protect, defend and indemnify Landlord, its agents (including, without limitation, the Rental Agent) and employees, the Premises, the Building and the Project from and against any and all liabilities of every kind and description which may arise out of or be connected in any way with any Work, performed by Tenant and whether performed in compliance with this Section 5. D. Any mechanic's lien filed against the Premises or the Project or any notice which is received by either Landlord or Tenant or filed for work or materials furnished or claimed to be furnished and deriving from Work or for materials or work claimed to have been furnished to Tenant or the Premises shall be released and discharged of record by Tenant, in either case, within ten (10) days after such filing or receipt, whichever is applicable, at Tenant's expense. If Tenant chooses to contest such claim or notice or lien, Tenant may do so in place of causing the release and discharge thereof, provided that within said twenty (20) day period, (i) Tenant provides Landlord with a title indemnity or bond or other adequate security covering any possible lien or claim that may arise from the failure to release and discharge such claim, notice or lien; (ii) Tenant contests such claim, notice or lien in good faith by appropriate proceedings that operate to stay enforcement thereof; and (iii) Tenant promptly pays and discharges any final adverse judgment entered in any such proceeding. If Tenant has not caused the release or discharge or begun appropriate proceedings to contest such claim, notice or lien, within said twenty (20) days, Landlord may, but shall not be obligated to, pay the amount necessary to remove the same without being responsible for making an investigation as to the validity or accuracy thereof and the amount so paid, together with all costs and expenses (including, without limitation, reasonable attorneys' fees) incurred by Landlord in connection therewith, shall be deemed Additional Rent hereunder, payable upon demand. Tenant has no power or authority to cause or permit any lien or encumbrance of any kind whatsoever, whether created by act of Tenant, operation of law or otherwise, to attach to or be placed upon Landlord's title or interest in the Premises or the Project, and any and all liens and encumbrances created by Tenant shall attach to Tenant's interest only. E. Except for ordinary wear and as otherwise provided in this Lease, Tenant shall, at Lessee’s all times during the Term hereof, at its sole expense, keep all Tenant's movable and removable fixtures located in or appurtenant to the premises generally consistent Premises in good order, repair and condition, and Tenant shall promptly arrange with the standard maintained by Landlord to have Landlord (or Landlord's agent) make repairs of all other tenants damages to the Premises and the replacement or repair of premises all damages or broken glass (including signs thereon), fixtures and appurtenants (including hardware and heating, cooling, ventilating, electrical, plumbing and other mechanical facilities in the Building during Premises), with materials equal in quality and class to the tenancyoriginal materials damaged or broken, within any reasonable period of time specified by Landlord. If Lessee does not make repairs promptly and adequately, Lessor Landlord may, but need notshall not be required to do so, enter the Premises at all reasonable times to make repairs, and Lessee shall pay promptly the reasonable cost thereof. At any time or times, Lessor, either voluntarily or pursuant to governmental requirement, may, at Lessor’s expense, make repairs, alterations, improvements or improvements in additions, as Landlord shall desire or deem necessary for the safety, protection, preservation or improvement of the Project, or as Landlord may be required to do by any governmental department or agency, or by the order or decree of any court or by any other proper authority. The cost of all repairs made by Landlord to the Building Project which are made necessary as a result of misuse or any part thereofneglect by Tenant or Tenant's employees, invitees, servants, contractors or agents shall be immediately paid as Additional Rent by Tenant to Landlord upon being billed for same. The cost of all other repairs and replacements (except those caused by Tenant's misuse or negligence and those relating to Tenant's movable and removable fixtures) shall be paid for by the Landlord and deemed an item of Operating Costs. F. Landlord shall maintain, replace and repair the exterior structural portions of the Premises, to-wit: foundation, bearing wall and roof. Landlord shall maintain, replace and repair all walls, plate glass, floors and ceilings, wiring (except for Tenant's telephone and data wiring), pipes and equipment within the walls, floors and ceilings, and all equipment including without limitation, heating, air conditioning, ventilation, electrical and plumbing equipment and elevator machinery. Landlord shall maintain the premisesProject in as good a condition and repair as the Project was in on the Commencement Date of this Lease. Landlord shall manage and operate the Project in a manner consistent with the management and operation of the Project as of the Commencement Date of this Lease. Landlord shall maintain, and, during such operations Lessor may close entrances, doors, corridors, elevators, or other facilities, repair and replace all without any liability to Lessee or deduction of rent by reason of interference, inconvenience, or annoyance; provided that Lessee shall have access to the premises sufficient for conduct of Lessee’s business. Lessor shall not be liable to Lessee for any expense, injury, loss, or damage resulting from work done in or upon, or the use of, any adjacent or nearby building, land, street, or alley, provided that Lessor makes a reasonable effort to minimize the disruption to Lessee’s business. In the event Lessee requests that repairs, alterations, decorating, or other work common areas in the premises be made during periods other than ordinary business hours, Lessee shall pay Lessor for overtime Building and other additional the Project in as good a condition and repair and in as clean and orderly an appearance as existed on the Commencement Date of this Lease. Costs and expenses incurred because by Landlord in connection with its maintenance, repair and replacement obligations shall be included as an item of such requestOperating Costs. To the best of Landlord's knowledge and belief, the Project is in good repair and all Project systems are in operating condition as of the Commencement Date.

Appears in 1 contract

Sources: Lease (Metavante Corp)

Alterations and Repairs. Lessee shall not Tenant may, at its own expense, from time to time during the term of this Lease, make or permit to be made any other alterations, additions, improvementschanges and improvements in and to the interior of the Leased Premises (except those of a structural nature), but only with Landlord's prior written consent which Landlord shall not unreasonably withhold, delay or condition on the payment of money. Landlord reserves the right to designate all sources of all services used in the common areas of the Building, to designate all sources of all services relating to moving in or out of the Building, repair and maintenance of the Leased Premises, or changes any construction, alterations or improvements made therein. Any alteration, addition, change or improvement made by Tenant after such consent shall have been obtained, and any fixtures installed by Tenant (collectively, “Alterations”including wall-to-wall carpeting and wall paneling), shall become the property of Landlord upon the expiration or other sooner termination of this Lease, and Tenant shall reimburse Landlord for additional taxes and cleaning or maintenance expenses, if any, resulting from any such items. All such work shall be done in a good and workmanlike manner, in accordance with all applicable laws and building regulations and shall be diligently prosecuted so that the premisesLeased Premises shall at all times be a complete unit except during the period of work. Landlord shall, without Lessor’s prior written approvalat its owns cost and expense, which approval Lessor except as may withhold in Lessor’s sole discretion. Subject be provided elsewhere herein, make all necessary repairs to the corridors, lobby and structural members of the Building, and to the equipment used to provide the services furnished by the Landlord hereunder, unless any such damage is caused by acts or omissions of Tenant, its officers, agents, employees or invitees, in which event Tenant shall bear the cost of such repairs. Tenant shall not injure the Leased Premises or the building, but shall maintain the Leased Premises in a clean, attractive condition and in good repair, except as to damage to be repaired by Landlord as provided herein and except for the cleaning services to be rendered by Lessor Landlord as set forth in the Schedule, Lessee shall, at Lessee’s expense, keep the premises generally consistent with the standard maintained by other tenants of premises in the Building during the tenancyprovided herein. If Lessee does Tenant further consents not make repairs promptly and adequately, Lessor may, but need not, make repairs, and Lessee shall pay promptly the reasonable cost thereof. At to do or suffer any time or times, Lessor, either voluntarily or pursuant to governmental requirement, may, at Lessor’s expense, make repairs, alterations, or improvements in or waste to the Building or any part thereof, including the premises, and, during such operations Lessor may close entrances, doors, corridors, elevators, or other facilities, all without any liability to Lessee or deduction of rent by reason of interference, inconvenience, or annoyance; provided that Lessee shall have access to the premises sufficient for conduct of Lessee’s business. Lessor shall not be liable to Lessee for any expense, injury, loss, or damage resulting from work done in or upon, or the use of, any adjacent or nearby building, land, street, or alley, provided that Lessor makes a reasonable effort to minimize the disruption to Lessee’s business. In the event Lessee requests that repairs, alterations, decorating, or other work in the premises be made during periods other than ordinary business hours, Lessee shall pay Lessor for overtime and other additional expenses incurred because of such requestLeased Premises.

Appears in 1 contract

Sources: Lease Agreement (Sheffield Pharmaceuticals Inc)

Alterations and Repairs. Lessee (a) No alterations or installations or additions or other improvements (herein collectively referred to as “alterations” and individually as an “alteration”) shall at any time be made by or at the instance of Tenant without Landlord’s prior written consent, such consent not to be unreasonably withheld. Landlord’s consent shall not be required for any Non-Structural Alteration (hereinafter defined) having a cost equal to or less than $20,000.00, provided Tenant gives Landlord written notice, describing in detail, such Non-Structural Alteration prior to commencing the same and delivers to Landlord a drawing showing such Non-Structural Alteration in place by Tenant’s architect, if any such drawing shall be prepared, upon the completion of such Non-Structural Alteration. A “Non-Structural Alteration” shall be an alteration or improvement to the Demised Premises which does not require the issuance of a building permit and which is not structural in nature and which does not affect any of (i) the exterior of the Building or the Demised Premises, (ii) the structural elements of the Building or the Demised Premises (such as by way of example, and not as a limitation, load bearing walls and floor slab penetrations) or (iii) the building systems (i.e., the mechanical, electrical, sanitary, heating, ventilation, air conditioning or other service systems of the Building and/or the Demised Premises). All work, repairs, and/or alterations made by or at the instance of Tenant shall be done in a good and workmanlike manner, with first class new materials, in compliance with any applicable governmental rules and regulations, and subject to Article 19 hereof, and the cost thereof shall be paid by Tenant in cash or its equivalent, so that the Demised Premises shall at all times be free of liens for labor or materials supplied or claimed to have been supplied to the Demised Premises. Prior to commencing any alteration, Tenant shall give Landlord prior written notice of the date on which Tenant intends to commence such alteration, which notice shall describe the type of labor (i.e. union or non-union labor) Tenant intends to hire for such alteration. Notwithstanding anything herein to the contrary, Landlord may require Tenant /s/ [ILLEGIBLE] T /s/ [ILLEGIBLE] LL to use union labor for all alterations performed in the Demised Premises, the Building and/or in the Center if the use of non-union labor is delaying or interfering with the progress of any construction within the Building and/or Center and/or the operation of any business in the Building and/or Center; it being acknowledged and agreed that Tenant intends to use non-union labor in connection with its initial Alterations. In the event that a labor dispute arises due to Tenant’s use of non-union labor, then Tenant shall, within twenty-four (24) hours following notice from Landlord (which may be oral or written), cause each conflicting labor to leave the Demised Premises, the Building and the Center, and thereafter Tenant shall prosecute its alterations only with local union labor. All alterations to be performed by or on behalf of Tenant (other than Landlord’s Work) shall be done in accordance with plans and specifications therefor submitted to and approved by Landlord prior to the commencement of the alteration in question, which approval shall not be unreasonably withheld. Landlord acknowledges that Tenant has informed Landlord that Tenant intends to make certain initial alterations to prepare the Demised Premises for Tenant’s use, including without limitation the installation of a class 100 “clean room” of about 2,500 square feet in the non-office portion of the Demised Premises and the installation of liquid nitrogen and liquid oxygen tanks on a concrete platform approximately 30’ by 18’ to be located outside of, but adjacent to, the Demised Premises and the installation, outside of the Demised Premises, of two closed loop chillers to be supported by four pillars each (which tanks, platform and chillers and pillars shall all be solely Tenant’s responsibility, it being agreed that Tenant shall maintain the same (and the area in which the same are located) in good order and repair and in accordance with all applicable laws and that Landlord shall have no liability or permit responsibility with respect to such tanks and/or platform and/or chillers and/or pillars and that such tanks, platform, chillers and pillars shall be deemed Tenant’s property and that Tenant shall remove such tanks, platform, chillers and pillars from the Center and return the area in which the same are located to such area’s condition immediately prior to the installation of the item in question upon the expiration or sooner termination of the term of this Lease). Landlord does not object to the installation of such clean room, tanks, platform chillers and/or pillars subject to the conditions and agreements set forth in the parenthetical of the immediately foregoing sentence and subject to Landlord’s receipt, review and approval of the final plans and specifications for the same. Tenant shall after the date hereof deliver a final set of plans and specifications for Tenant’s initial Alteration (the “Plans”) to Landlord. Notwithstanding any provision in the Lease to the contrary, Landlord shall approve the Plans within fifteen (15) days after receipt of the same, or designate by notice given within such time period to Tenant the specific changes reasonably required by Landlord to be made any other alterations, additions, improvements, to the Plans (or changes the portion thereof submitted) and shall return the Plans (collectively, “Alterations”or portion thereof submitted), as the case may be, to Tenant. Tenant shall make the minimum change necessary in order to correct any changes to the Plans reasonably requested by Landlord and shall return the Plans (or the portion thereof) to Landlord, which Landlord shall approve or disapprove within five (5) business days after Landlord receives the revised Plans (or the portion thereof submitted). This procedure shall be repeated until all of the Plans are finally approved by Landlord and written approval of Landlord has been delivered to and received by Tenant; provided that, any failure by Landlord to approve or disapprove a submission of a portion of the Plans within the applicable time periods specified above shall be considered the deemed approval of Landlord with “respect to any such submission of Plans provided such submission was accompanied by a statement referring to this Section 6.01 (a) and stating that Landlord’s failure to respond timely would cause such submission to be deemed approved by Landlord. Notwithstanding any provision to the contrary contained in this Lease, the aforementioned process for approval shall apply to any item of Tenant’s Alterations which requires the consent of Landlord No changes shall be made in said plans and specifications nor shall there be any deviation in the premises, prosecution of any alteration in accordance with file plans and specifications approved by Landlord without LessorLandlord’s prior written approval. Any alterations or repairs (inclusive of paneling and other wall coverings), except Tenant’s trade fixtures and any “clean room” installed by Tenant within the Demised Premises, shall, at the option of Landlord, become the property of Landlord and shall remain upon and be surrendered with the Demised Premises, as part thereof at the expiration or sooner termination of the Term. Notwithstanding the foregoing, unless Landlord shall advise Tenant in writing at least sixty (60) days prior to the Expiration Date that Landlord has elected that any paneling and wall-coverings installed by Tenant are to remain upon the expiration or sooner termination of the Term, Tenant shall, prior to the expiration or sooner termination of the Term, remove all paneling and wall-coverings installed by Tenant and restore the walls to which such paneling and wall-coverings had /s/ [ILLEGIBLE] T /s/ [ILLEGIBLE] LL been attached to the condition such walls were in as of the date possession of the Demised Premises was delivered to Tenant, which approval Lessor restoration shall include, without limitation, re-sheetrocking, taping, spackling, priming and painting such walls (and such removal and restoration obligation shall survive the expiration or sooner termination of the Term). If Tenant is in default hereunder or is dispossessed, or vacates the premises, voluntarily or otherwise, and fails to remove any property, equipment and fixtures within ten (10) days following notice by Landlord, then and in that event, the said property, equipment and fixtures shall be deemed, at the option of Landlord, to be abandoned; or in lieu thereof, at the Landlord’s option, Landlord may withhold remove and store or dispose . of such property and restore the Demised Premises to its condition as of the date possession of the Demised Premises had been delivered to Tenant and charge the cost and expense of removal, storage and disposal and restoration to Tenant (and Tenant’s obligation to pay such charge shall survive the expiration or sooner termination of the Term). Trade fixtures shall be defined as fixtures and equipment used by Tenant in Lessorthe operation of its business, but not including any fixtures and equipment which are part of the operation of the Demised Premises or the Building, such as by way of example and not as a limitation HVAC and plumbing fixtures and equipment. (b) Prior to the commencement of any alteration for which Landlord’s consent is required and prior to the commencement of Tenant’s initial alteration, Tenant shall deliver to Landlord a sum of money equal to the estimated cost of such alteration (such sum is hereinafter referred to as the “construction security”) as security for the faithful performance and observance by Tenant of the provisions of this Lease relating to the performance of such alteration (such security shall be in addition to, and not in lieu of, any security required of Tenant under Article 39 of this Lease). In no event shall Tenant commence the performance of any alteration until such time as Landlord has received the construction security with respect to the alteration in question. Such construction security may be in the form of cash or a letter of credit. If such construction security shall be in the form of a letter of credit, such letter of credit shall be issued by a money center bank and shall name National Realty & Development Corp. as sole discretionbeneficiary and shall not expire until the Completion Date (hereinafter defined) and otherwise in such form as may be reasonably acceptable to Landlord (Tenant agreeing to extend any such letter of credit, without amendment, as may be necessary in order for such letter of credit to remain in effect until the Completion Date and if renewal of said letter of credit is required in order to maintain such letter of credit in effect until the Completion Date, then Tenant shall renew the letter of credit and deliver evidence of such renewal to Landlord no later than that date which is thirty (30) days prior to the expiration date (prior to such renewal) of such letter of credit). The letter of credit shall provide that it may be presented for payment either at the counters of a branch of the issuing bank located in the New York City Metropolitan area or by mail at a specified branch of the issuing bank within the continental United States. Landlord shall be able to draw upon the letter of credit at any time Landlord is entitled to draw on the construction security in accordance with Section 6.01(c). The letter of credit shall provide that partial drawings shall be permitted. Said letter of credit shall specifically provide that Landlord and National Realty & Development Corp. will receive not less than thirty (30) days written notice of the election of the issuing bank to not renew the same. If the issuing bank shall not renew the same, Landlord shall have the right to draw on the letter of credit for the full amount and hold such amounts as cash security under this Section 6.01. (c) Landlord may draw upon the construction security at any time if Tenant has vacated, abandoned or deserted the alteration in question or Tenant has failed to pay the cost of such alteration or any portion thereof. Landlord shall be entitled to draw on the construction security to the extent of the amount required, as determined by Landlord, to either (i) complete all or any portion of the alteration in question; or (ii) demolish all or any portion of the alteration in question and restore all or any portion of the Demised Premises to its condition as of the date possession of the Demised Premises was delivered to Tenant; or (iii) pay-off any liens placed upon the Demised Premises, the Building or the Center resulting from the Tenant’s alterations in question. If, due to Tenant’s default hereunder, Landlord shall be entitled to apply or retain any portion of the construction security, Tenant shall, within five (5) days following demand, deposit with Landlord such amount as may be necessary to restore the amount of construction security to the amount determined in accordance with the first sentence of Section 6.01 (b) with respect to the alteration in question. Tenant shall not assign or encumber the construction security and neither Landlord nor its /s/ [ILLEGIBLE] T /s/ [ILLEGIBLE] LL successors or assigns shall be bound by any such assignment or encumbrance. Upon (i) the completion of the alteration in question in accordance with the plans and specifications therefor approved by Landlord and (ii) the receipt by Landlord of (1) a certification by Tenant that the entire cost of such alteration has been paid and the amount thereof, that all those who furnished work or materials have been paid in full, and that no party has filed any lien or possesses any claim which is unpaid or remains undischarged in connection with such alteration; (2) a Certificate of Completion or Occupancy, or an equivalent permit or certificate, as and if required by any governmental authorities with respect to the alteration in question; (3) a final release and lien waiver signed by Tenant’s general contractor and all subcontractors and materialmen, together with a certification by the general contractor to the effect that all those who furnished work or materials to the Demised Premises in connection with the alteration in question have been paid in full and that the release and waiver has been signed by all those who furnished work or materials to the Demised Premises in connection with the alteration in question; and (4) an “as built” floor plan showing the alteration in question in place certified as true and correct by Tenant (the date upon which (i) and (ii) shall have occurred is referred to herein as the “Completion Date”), the construction security then held by Landlord shall be returned to Tenant. (d) Upon receipt of at least twenty four hours prior notice, Tenant shall afford Landlord and its employees, agents and contractors access to the Demised Premises at reasonable times for the purpose of inspecting and verifying the performance of any alteration, and for such purposes, Landlord or its representative or representatives shall have free and unrestricted access to all parts of the Demised Premises. Section 6.02. Anything to the contrary contained herein notwithstanding, it is expressly understood and agreed that Tenant may install, connect and operate such machinery, fixtures and equipment as may be deemed necessary by the Tenant for its business, subject to compliance with applicable rules and regulations of governmental bodies and bureaus having jurisdiction thereover. Subject to the services terms and conditions of this Lease, the machinery, fixtures and equipment belonging to be rendered Tenant and any “clean room” installed by Lessor as set forth Tenant in the Schedule, Lessee Demised Premises shall, at Lessee’s all times, be considered and intended to be personal property of Tenant, and not part of the realty, and subject to removal by Tenant. Tenant shall remove all such machinery, fixtures and equipment and any “clean room” installed by Tenant in the Demised Premises on or prior to the expiration or sooner termination of the term of this Lease. Tenant, at its own cost and expense, keep shall pay for any damage to the premises generally consistent with Demised Premises or Building caused by the standard maintained by other tenants of premises in the Building during the tenancy. If Lessee does not make repairs promptly and adequately, Lessor may, but need not, make repairsinstallation thereof or such removal, and Lessee this obligation shall pay promptly survive the reasonable cost thereof. At any time expiration or times, Lessor, either voluntarily or pursuant to governmental requirement, may, at Lessor’s expense, make repairs, alterations, or improvements in or to the Building or any part thereof, including the premises, and, during such operations Lessor may close entrances, doors, corridors, elevators, or other facilities, all without any liability to Lessee or deduction of rent by reason of interference, inconvenience, or annoyance; provided that Lessee shall have access to the premises sufficient for conduct of Lessee’s business. Lessor shall not be liable to Lessee for any expense, injury, loss, or damage resulting from work done in or upon, or the use of, any adjacent or nearby building, land, street, or alley, provided that Lessor makes a reasonable effort to minimize the disruption to Lessee’s business. In the event Lessee requests that repairs, alterations, decorating, or other work in the premises be made during periods other than ordinary business hours, Lessee shall pay Lessor for overtime and other additional expenses incurred because of such request.sooner t

Appears in 1 contract

Sources: Lease Agreement (Cyoptics Inc)

Alterations and Repairs. Except for any initial leasehold improvements provided for in the Schedule, Lessee shall not make or permit to be made any other alterations, additions, improvements, or changes (collectively, “Alterations”), in the premises, premises which ----- total contract amount exceeds $2,500.00 without Lessor’s prior written consent of Lessor --------------------------------------- which shall not be delayed for more than fifteen (15) calendar days following ----------------------------------------------------------------------------- request for approval, which approval Lessor may withhold in Lessor’s sole discretion. Subject to the services to be rendered by Lessor as set -------------------- forth in the Schedule, Lessee shall, at Lessee’s 's own expense, keep the premises generally consistent in good order, condition, and repair during the term, including the replacement of all broken glass with glass of the same size and quality under the supervision and with the standard maintained by other tenants approval of premises in the Building during the tenancyLessor. If Lessee does not make repairs promptly and adequately, Lessor may, but need not, make repairs, and Lessee shall pay promptly the reasonable cost thereof. At any time or times, Lessor, either voluntarily or pursuant to governmental requirement, may, may at Lessor’s 's own expense, make repairs, alterations, or improvements in or to the Building building or any part thereof, including the premises, and, during such operations Lessor may close entrances, doors, corridors, elevators, or other facilities, all without any liability to Lessee or deduction of rent by reason of interference, inconvenience, or annoyance; provided that Lessee shall have reasonable access to the premises sufficient for conduct of Lessee’s businesspremises. Lessor shall not be liable to Lessee for any expense, injury, loss, or damage resulting from work done in or upon, or the use of, any adjacent or nearby building, land, street, or alley, provided that Lessor makes a reasonable effort to minimize the disruption to Lessee’s business. In the event Lessee requests that repairs, alterations, decorating, or other work in the premises be made during periods other than ordinary business hours, Lessee shall pay Lessor for overtime and other additional expenses incurred because of such request.

Appears in 1 contract

Sources: Gross Lease (Getthere Com)

Alterations and Repairs. a. Lessee shall not make or permit or suffer to be made any other alterations, additions, improvementsalternations or additions to the leased Premises or any part thereof, or changes (collectivelychange or add any lock, “Alterations”)without prior written consent of the Lessor. Any alterations or additions without the written consent of the Lessor shall be grounds for eviction. If Lessor ▇▇▇▇▇▇ written consent then any such additions or alternations to the leased premises, except movable furniture, shall become a part of the realty and belong to Lessor unless Lessor gives Lessee written notice to remove some or all of such additions or alternations, in the premises, without Lessor’s prior written approval, which approval Lessor may withhold in Lessor’s sole discretion. Subject to the services to be rendered by Lessor as set forth in the Schedule, case Lessee shall, at Lessee’s own expense, restore the leased Premises to its original condition. Lessee shall not attach any article to or suspend the same from the outside of the building. If Premises has radiant heat, Lessee shall not attach or suspend anything from the ceiling. ▇. ▇▇▇▇▇▇ shall not be called upon nor required at any time to make any improvements, alteration, changes, additions, repairs (due to the negligence of the Lessee) or replacements of any nature whatsoever in or to the leased Premises or any building of which it is a part. Except as expressly provided herein, Lessee shall at Lessee’s sole cost and expense keep and maintain the premises generally consistent with leased Premises and every part thereof, including all furniture, goods and chattels received from Lessor, in good and sanitary order, condition and repair. ▇. ▇▇▇▇▇▇ shall not be liable for any damage occasioned by water being upon or coming through the standard maintained by other tenants roof or any opening of premises any nature in the Building during building, including plumbing fixtures, except such damage as may be occasioned by Lessor’s gross negligence. The foregoing shall not be deemed to relieve Lessor of its duty to maintain the tenancyleased Premises in a habitable condition. If In the event of any such water penetration, Lessee does shall promptly notify Lessor. Lessee shall use all reasonable care to cause all windows and other openings in the leased Premises to be closed in the event of rain. d. In the event of the destruction of the leased Premises or damage thereof by fire or other casualty not make repairs promptly and adequatelycreated by any fault of Lessee, which may render the leased Premises untenantable, Lessor may, but need not, make repairs, and at its option; (i) terminate this lease by giving written notice of such termination to Lessee shall pay promptly the reasonable cost thereof. At any time or times, Lessor, either voluntarily or pursuant to governmental requirement, may, at Lessor’s expense, make repairs, alterations, or improvements in or to the Building or any part thereof, including the premises, and, during within seventy- two (72) hours after such operations Lessor may close entrances, doors, corridors, elevators, or other facilities, all damage occurs without any liability to Lessee or deduction repair the damages; (ii) repair and restore the leased Premises within a period of rent by reason of interferenceseventy- two (72) hours, inconvenience, or annoyance; provided that Lessee shall have access to in which event the premises sufficient for conduct of Lessee’s business. Lessor Lease shall not terminate and rent shall be liable to Lessee abated on a per diem basis for any expense, injury, loss, or damage resulting from work done in or upon, or the use of, any adjacent or nearby building, land, street, or alley, provided that Lessor makes a reasonable effort to minimize period of time the disruption to Lessee’s business. In the event Lessee requests that repairs, alterations, decorating, or other work in the premises be made during periods other than ordinary business hours, Lessee shall pay Lessor for overtime and other additional expenses incurred because of such request.leased Premises are untenantable; or

Appears in 1 contract

Sources: Apartment Lease Agreement

Alterations and Repairs. Lessee (a) Without Landlord's prior written consent, Tenant shall not make or permit cause to be made any exterior, structural, electrical, ventilation, air conditioning or other type of alterations, improvements, additions, changes or repairs in or to the Premises or the Building. As a condition to granting its consent, Landlord may impose reasonable requirements including without limitation requirements as to the manner and time for the performance of any such work and the type and amount of insurance and bonds Tenant must acquire and maintain in connection therewith. In addition, at Landlord's option, Landlord shall have the right to approve the contractors or mechanics performing the work; to approve all plans and specifications relating to the work; to review the work of Tenant's architects, engineers, contractors or mechanics and to control any construction or other activities being undertaken within the Building, with Landlord to be reimbursed for any costs incurred in connection with such review and/or control; and to order reasonable changes in the work in instances in which materials or workmanship is defective or not in accordance with plans or specifications previously approved by Landlord. Except as expressly provided herein, all alterations, improvements, additions, changes or repairs shall be provided by and paid for by Tenant at its sole expense, but shall become the property of Landlord and shall be surrendered with the Premises upon termination of this Lease; provided, however, that Landlord may, by written notice to Tenant given at least thirty (30) days prior to termination of this Lease, require Tenant to remove any or all improvements, alterations, additions, improvements, or changes (collectively, “Alterations”), in the premises, without Lessor’s prior written approval, which approval Lessor may withhold in Lessor’s sole discretion. Subject to the services to be rendered fixtures installed or made by Lessor as set forth in the Schedule, Lessee shall, at Lessee’s expense, keep the premises generally consistent with the standard maintained by other tenants of premises in the Building during the tenancy. If Lessee does not make repairs promptly and adequately, Lessor may, but need not, make repairs, and Lessee shall pay promptly the reasonable cost thereof. At any time or times, Lessor, either voluntarily or pursuant to governmental requirement, may, at Lessor’s expense, make repairs, alterations, or improvements in Tenant on or to the Building or Premises and to repair any part thereof, including the premises, and, during such operations Lessor may close entrances, doors, corridors, elevators, or other facilities, all without any liability to Lessee or deduction of rent by reason of interference, inconvenience, or annoyance; provided that Lessee shall have access damages to the premises sufficient for conduct of Lessee’s business. Lessor shall not be liable to Lessee for any expense, injury, loss, or damage resulting from work done in or upon, or the use of, any adjacent or nearby building, land, street, or alley, provided that Lessor makes a reasonable effort to minimize the disruption to Lessee’s business. In the event Lessee requests that repairs, alterations, decorating, or other work in the premises be made during periods other than ordinary business hours, Lessee shall pay Lessor for overtime and other additional expenses incurred because of Premises caused by such requestremoval.

Appears in 1 contract

Sources: Office Lease (Globalbot Corp)

Alterations and Repairs. (a) No alterations or additions to the Premises shall at any time be made by Lessee without Lessor's prior written consent. If Lessor shall give its consent, all work, repairs and alterations made by Lessee shall be done in a good and workmanlike manner and in compliance with any applicable governmental rules and regulations and the cost thereof shall be paid by Lessee in cash or equivalent, so that the Premises shall at all times be free of liens for labor and materials supplied or claimed to have been supplied to the Premises. Any alterations shall immediately become the property of Lessor, subject only to the use of same by Lessee during the term of this lease. (b) Lessor agrees to make all repairs and replacements to the roof and to the exterior structural portions of the building, exclusive of all plate glass windows and doors. Lessee agrees to make all other repairs and replacement to the Premises and the mechanical systems thereof, and Lessee agrees to keep the sidewalk in front of the Premises free and clear. Lessee agrees to make all repairs and replacements to the heating and air conditioning systems. Lessor agrees to make available to Lessee all warranties on the aforementioned structures and equipment. (c) Lessee shall indemnify and save harmless Lessor from and against any and all costs, expenses, claims, losses, damages, fines or failure to comply with the provisions of subparagraphs (a) and (b) of this Paragraph 9 and Lessee shall not make call upon Lessor for any disbursement or permit outlay of money whatsoever in connection with such work, and hereby expressly releases and discharges Lessor of and from any liability or responsibility whatsoever in connection therewith. (d) Nothing contained in this Lease shall authorize Lessee to do any act which may create or be the foundation for any lien, mortgage or other encumbrance upon the reversion or other estate of Lessor, or of any interest thereof; it being agreed that should Lessee cause any alterations, changes, additions, improvements or repairs to be made to the Premises, neither Lessor nor the Premises shall, under any other circumstances, be liable for the payment of any expenses incurred or for the value of any work done or material furnished to the Premises or any part thereof; Lessee shall upon request of Lessor deliver such documents as may be required by Lessor in order to effectuate the lien protection required by this paragraph; all such alterations, changes, additions, improvementsimprovements and repairs and materials and labor shall be at Lessee's expense and Lessee shall be solely and wholly responsible to contractor, laborers and materialmen furnishing labor and material to said premises and building or any part thereof. If order for the payment of money shall be filed against the Premises or any building or improvement thereon, or changes against Lessor (collectively, “Alterations”whether or not such lien or order is valid or enforceable as such), in the premises, without Lessor’s prior written approval, which approval Lessor may withhold in Lessor’s sole discretion. Subject to the services to be rendered by Lessor as set forth in the Schedule, Lessee shall, at Lessee’s 's own cost and expense, keep within fifteen (15) days after the premises generally consistent date of filing thereof, cause the same to be canceled and discharged of record, or furnish Lessor with the standard maintained a surety bond issued by other tenants a surety company of premises in the Building during the tenancy. If Lessee does not make repairs promptly and adequately, Lessor may, but need not, make repairs, and Lessee shall pay promptly the reasonable cost thereof. At any time or times, satisfaction to Lessor, either voluntarily protecting Lessor from any loss because of nonpayment of such lien claim and further shall indemnify and save harmless Lessor from and against any all costs, expenses, claims, losses or pursuant to governmental requirement, may, at Lessor’s expense, make repairs, alterations, or improvements in or to the Building or any part thereofdamages, including the premisesreasonable counsel fees, and, during such operations Lessor may close entrances, doors, corridors, elevators, resulting thereupon or other facilities, all without any liability to Lessee or deduction of rent by reason of interference, inconvenience, or annoyance; provided that Lessee shall have access to the premises sufficient for conduct of Lessee’s business. Lessor shall not be liable to Lessee for any expense, injury, loss, or damage resulting from work done in or upon, or the use of, any adjacent or nearby building, land, street, or alley, provided that Lessor makes a reasonable effort to minimize the disruption to Lessee’s business. In the event Lessee requests that repairs, alterations, decorating, or other work in the premises be made during periods other than ordinary business hours, Lessee shall pay Lessor for overtime and other additional expenses incurred because of such requestthereof.

Appears in 1 contract

Sources: Shopping Center Lease (Sunbelt Automotive Group Inc)

Alterations and Repairs. Lessee shall not make or permit to be made any other alterations, additions, improvements, or changes (collectively, “Alterations”), in the premisespremises (specifically including, but not limited to Lessee’s telecommunication, data equipment and related cabling, electrical or low voltage or otherwise and/or any related HVAC to the extent attached or connected to the building) without the prior written consent of Lessor, which consent Lessor shall not unreasonably withhold, provided that Lessor may make such consent subject to reasonable conditions, including, without Lessorlimitation, the condition that prior to the expiration of the lease term Lessee shall remove any such alterations and restore the premises to its condition prior to such alterations at Lessee’s prior written approval, which approval Lessor may withhold in Lessor’s sole discretionexpense. Subject to the services to be rendered by Lessor as set forth in the Schedule, Lessee shall, at LesseeL▇▇▇▇▇’s own expense, keep the premises generally consistent in good order, condition, and repair during the term, including the replacement of all broken glass with glass of the same size and quality under the supervision and with the standard maintained by other tenants approval of premises in the Building during the tenancyLessor. If Lessee does not make repairs promptly and adequately, Lessor may, but need not, make repairs, and Lessee shall pay promptly the reasonable cost thereof. At any time or times, Lessor, either voluntarily or pursuant to governmental requirement, may, at Lessor’s own expense, make repairs, alterations, or improvements in or to the Building building or any part thereof, including the premises, andand , during such operations Lessor may close entrances, doors, corridors, elevators, or other facilities, all without any liability to Lessee or deduction of or rent by reason of interference, inconvenience, or annoyance; provided that Lessee shall have access to the premises sufficient for conduct of Lessee’s business. Lessor shall not be liable to Lessee for any expense, injury, loss, loss or damage resulting from work done in or upon, or the use of, any adjacent or nearby building, land, street, or alley, provided that Lessor makes a reasonable effort to minimize the disruption to Lessee’s business. In the event Lessee requests that repairs, alterations, decorating, or other work in the premises be made during periods other than ordinary business hours, Lessee shall pay Lessor for overtime and other additional expenses incurred because of such request. In the event Lessee desires new Tenant improvements or alterations of any kind, absent agreement to the contrary, Lessee shall pay all costs thereof, including a construction management fee to Lessor which will be a percentage of the total cost of the alteration or improvement. Such fee will be determined on final review and approval by Lessor of L▇▇▇▇▇’s alteration/improvement plan and will not exceed the commercially reasonable rate for such construction management by a Lessor in the Sand Hill Road corridor.

Appears in 1 contract

Sources: Lease Agreement (Meredith Enterprises Inc)

Alterations and Repairs. Lessee 9.1 Tenant shall not make or permit suffer to be made any other alterations, additions, improvements, or changes (collectively, “Alterations”), in the premises, without Lessor’s prior written approval, which approval Lessor may withhold in Lessor’s sole discretion. Subject to the services to be rendered by Lessor as set forth in the Schedule, Lessee shall, at Lessee’s expense, keep the premises generally consistent with the standard maintained by other tenants of premises in the Building during the tenancy. If Lessee does not make repairs promptly and adequately, Lessor may, but need not, make repairs, and Lessee shall pay promptly the reasonable cost thereof. At any time or times, Lessor, either voluntarily or pursuant to governmental requirement, may, at Lessor’s expense, make repairs, alterations, additions or improvements in to or to of the Building Demised Premises or any part thereof, including the premisesor attach any fixtures or equipment thereto, andwithout first obtaining Landlord’s written consent. All such alterations, during additions and improvements shall be performed by contractors approved in writing by Landlord and subject to conditions specified by Landlord. If any such operations Lessor may close entrancesalterations, doors, corridors, elevators, additions or other facilities, all without any liability to Lessee or deduction of rent by reason of interference, inconvenience, or annoyance; provided that Lessee shall have access improvements to the premises Demised Premises consented to by Landlord shall be made by Landlord for Tenant’s account, Tenant shall reimburse Landlord for the cost thereof (including a reasonable charge for Landlord’s overhead related thereto) as the work proceeds within five (5) days after receipt of statements therefor. Landlord reserves the right to demand a reasonable deposit from the Tenant prior to the commencement of any such work. All such alterations, additions and improvements shall become the property of Landlord upon their installation and/or completion and shall remain on the Demised Premises upon the expiration or termination of this Lease without compensation to Tenant unless Landlord elects by written notice to Tenant to have Tenant remove the same, in which event Tenant shall promptly restore the Demised Premises to their condition prior to the installation of such alterations, additions and improvements. Notwithstanding the foregoing, the Tenant shall install generators upon the Demised Premises in locations outside of the Building acceptable to Landlord which generators shall be sufficient to service the Property, and Tenant shall be solely responsible for conduct all costs and expenses associated with the acquisition, installation, maintenance, repair and replacement thereof. 9.2 Subject to the provisions of Lessee’s businessSection 8.1 hereof, Tenant shall keep the Demised Premises and every part thereof in good condition and repair, Tenant hereby waiving all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises as provided by any law, statute or otherwise now or hereafter in effect. Lessor All repairs made by or on behalf of Tenant shall not be liable made and performed in such manner as Landlord may designate, by contractors or mechanics approved by Landlord and in accordance with the rules relating thereto annexed to Lessee for any expensethis Lease as Exhibit “D” and all Applicable Laws. Tenant shall, injurysubject to the provisions of Section 9.1 hereof, lossat the end of the term hereof surrender to Landlord the Demised Premises in the same condition as when received, or ordinary wear and tear and damage resulting from work done in or uponby fire, earthquake, act of God or the use ofelements excepted. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any adjacent part thereof and no representations respecting the condition of the Demised Premises or nearby building, land, street, or alley, provided that Lessor makes a reasonable effort the Building have been made by Landlord to minimize the disruption to Lessee’s business. In the event Lessee requests that repairs, alterations, decorating, or other work in the premises be made during periods other than ordinary business hours, Lessee shall pay Lessor for overtime and other additional expenses incurred because of such requestTenant except as expressly set forth herein.

Appears in 1 contract

Sources: Lease (UWM Holdings Corp)

Alterations and Repairs. Lessee A. Tenant shall keep the Premises in good condition and repair ordinary wear and tear and loss by fire and other casualty excepted, and shall not do any painting or decorating, or erect any partitions, make any alterations in or permit additions, changes or repairs to the Premises without the Landlord's prior written approval in each and every instance, such consent not to be made unreasonably withheld, provided however, ▇▇▇▇▇▇▇▇'s consent shall not be required so long as: (i) Landlord is given prior notice thereof; (ii) Landlord is given as-built plans upon completion for alterations and repairs which are affixed to the Premises; (iii) structure, roof, and building systems are not affected; (iv) the aggregate cost does not exceed FIFTY THOUSAND ($50,000.00) DOLLARS; and (v) Tenant obtains all necessary permits. It shall not be unreasonable for Landlord to withhold approval of any other alteration or addition which impacts structure or any Building system, or which would otherwise result in requiring additional improvements to the Premises and/or the Property, or result in a labor dispute. Unless otherwise agreed by ▇▇▇▇▇▇▇▇ and ▇▇▇▇▇▇ in writing, all such work shall be performed either by or under the direction of Landlord, but at the cost of Tenant. During the term of this Lease, no work shall be performed by or under the direction of Tenant without the express written consent of Landlord. Unless otherwise provided by written agreement, all alterations, additions, improvements, or and changes (collectivelyshall remain upon and be surrendered with the Premises, “Alterations”)excepting however that at Landlord's option, in the premises, without Lessor’s prior written approval, which approval Lessor may withhold in Lessor’s sole discretion. Subject to the services to be rendered by Lessor as set forth in the Schedule, Lessee Tenant shall, at Lessee’s its expense, keep when surrendering the premises generally consistent with Premises, remove from the standard maintained by other tenants of premises in Premises and the Building during all alterations, improvements, and changes (other than initial Work) and further provided that Tenant shall, on the tenancyelection of Landlord, remove any trade fixtures provided the Premises are restored to a condition reasonably satisfactory to Landlord. If Lessee Tenant does not make repairs promptly remove said additions, decorations, fixtures, hardware, non-trade fixtures and adequatelyimprovements after request to do so by Landlord, Lessor may, but need not, make repairs, Landlord may remove the same and Lessee Tenant shall pay promptly the reasonable cost thereofof such removal to Landlord upon demand. At Except to the extent of ▇▇▇▇▇▇▇▇'s negligent or willful act or omission, Tenant hereby agrees to hold Landlord and Landlord's beneficiaries, their agents and employees harmless from any time and all liabilities of every kind and description which may arise out of or times, Lessor, either voluntarily be connected in any way with said alterations or pursuant to governmental requirement, may, at Lessor’s expense, make repairs, alterationsadditions. Any mechanic's lien filed against Premises, or improvements in or to the Building or the Property, for work claimed to have been furnished to Tenant shall be discharged of record by Tenant within ten (10) days thereafter, at Tenant's expense, provided however Tenant shall have the right to contest any part thereofsuch lien on the posting of reasonably sufficient security. B. Tenant shall, including at the premisestermination of this Lease, andsurrender the Premises to Landlord in as good condition and repair as reasonable and proper use thereof will permit, during such operations Lessor may close entrancesloss by ordinary wear and tear, doors, corridors, elevators, fire or other facilities, all without any liability to Lessee or deduction of rent by reason of interference, inconvenience, or annoyance; provided that Lessee shall have access to the premises sufficient for conduct of Lessee’s business. Lessor shall not be liable to Lessee for any expense, injury, loss, or damage resulting from work done in or upon, or the use of, any adjacent or nearby building, land, street, or alley, provided that Lessor makes a reasonable effort to minimize the disruption to Lessee’s business. In the event Lessee requests that repairs, alterations, decorating, or other work in the premises be made during periods other than ordinary business hours, Lessee shall pay Lessor for overtime and other additional expenses incurred because of such requestcasualty excepted.

Appears in 1 contract

Sources: Lease Agreement (Alliance Data Systems Corp)

Alterations and Repairs. Lessee A. Tenant shall not make any improvements or permit alterations in or additions, changes or installations to be made the Premises which (i) impact the base structural components or the heating, air conditioning, ventilation, electrical, plumbing or mechanical systems (collectively, the "Systems") of the Building or (ii) impact any other tenant's premises (collectively, the "Systems/Structure Work"), without submitting plans and specifications therefor to Landlord, and obtaining Landlord's prior written consent thereto (which consent Landlord may withhold in its sole discretion). Tenant shall not make any improvements or alterations in or additions, changes or installations to the Premises which are not deemed Systems/Structure Work pursuant to this Section 5A, without submitting plans and specifications therefor to Landlord, and obtaining Landlord's prior written consent thereto (which consent shall not be unreasonably withheld), if (a) the cost thereof is in excess of $5,000.00, or (b) such improvements, alterations, additions, improvements, changes or changes installations are visible from outside the Premises (collectively, “Alterations”the "Non-Systems Work"). Tenant shall be allowed to make any improvements or alterations in or additions, changes or installations to the Premises which are not deemed Systems/Structure Work or Non-Systems Work pursuant to this Section 5A without Landlord's consent (collectively, the "Non- Consent Work"), but Tenant shall be obligated to notify Landlord of the nature and scope of such work and otherwise comply with the provisions of this Section 5, failing which Landlord may deny Tenant's contractors access to the Premises. For purposes of this Lease, Systems/Structure Work, Non-Systems Work and Non- Consent Work are sometimes collectively referred to herein as the "Work". Landlord hereby agrees to inform Tenant of its approval or disapproval of any such Systems/Structure Work or Non-Systems Work within fifteen (15) days after receipt of a complete set of plans and specifications therefor. All Work shall be performed (a) at the sole cost and expense of Tenant by employees of or contractors employed by Landlord, or with Landlord's written consent given prior to the letting of the contract, by contractors employed by Tenant under a written contract previously approved in the premiseswriting by Landlord, without Lessor’s prior written approvaland (b) on such terms and under such conditions as Landlord, which approval Lessor may withhold in Lessor’s its sole discretion. Subject , shall determine as will protect the Premises, the Building and the Project from improper contractors' work and against the imposition of any lien resulting from Work; without limiting the foregoing, if Landlord consents to any Work, it shall be performed subject to the following requirements: (1) If the Work is to be done by Tenant's contractors, Tenant shall furnish to Landlord prior to commencement thereof, building permits and certificates of appropriate insurance and bonds satisfactory in all respects to Landlord. Tenant shall also furnish to Landlord, if Landlord so requests, security for the payment of all costs to be incurred in connection with the Work. (2) Upon completion of any Work, Tenant shall furnish Landlord with contractors' affidavits and full and final waivers of lien, each conforming to the applicable Illinois statutory requirements, as-built plans of any Work and receipted bills covering all labor and materials expended and used. Insofar as applicable to the work or material for which payment is requested or notice or lien claim is made, Landlord in its sole discretion shall make available for partial or final payment or release thereof such funds as may have been deposited with it by Tenant for the estimated cost of such Work. (3) Any Work permitted to be undertaken by Tenant's contractors shall be performed in such a fashion and by such means as necessary to maintain peace and harmony among the other contractors serving the Project and the other tenants and so as not to cause interference with the continuance of work to be performed or services to be rendered by Lessor as to the Project or the other tenants. (4) All Work shall comply with all insurance requirements and with all applicable laws, ordinances and regulations. All Work shall be constructed in a good and workmanlike manner, and only good grades of material shall be used with a quality equal to or better than that used in the Project. (5) Tenant shall permit Landlord to supervise all Work within the Premises. Except for the Work set forth on the construction bid attached hereto as Appendix F for which no supervisory fee will be charged, Landlord shall charge a supervisory fee not to exceed (a) ten percent (10%) of the total cost of the Work, including, without limitation, all labor and material costs, if Landlord's employees or contractors perform the Work, and (b) five percent (5%) of the total cost of the Work, including, without limitation, all labor and material costs, if Tenant's employees or contractors perform the Work. B. If Tenant desires telegraphic, telephonic, burglar alarm, computer installations or signal service (all of which shall be at Tenant's sole cost and expense), Landlord shall, upon request, direct where and how all connections and wiring for such service shall be introduced and run. In the absence of any such directions, Tenant shall make no borings, cutting or install any wires or cable in or about the Premises. C. Tenant agrees to protect, defend and indemnify Landlord, its agents (including, without limitation, the building manager) and employees, the Premises, the Building and the Project from and against any and all liabilities of every kind and description which may arise out of or be connected in any way with any Work, whether performed by or under the direction of Landlord and at the cost of Tenant or performed by Tenant and whether performed in compliance with this Section 5. D. Any mechanic's lien filed against the Premises or the Project or any notice which is received by either Landlord or Tenant or filed for work or materials furnished or claimed to be furnished and deriving from Work or for materials or work claimed to have been furnished to Tenant or the Premises shall be released and discharged of record by Tenant, in either case, within thirty (30) days after such filing or receipt, whichever is applicable, at Tenant's expense. If Tenant chooses to contest such claim, notice or lien, Tenant may do so in place of causing the release and discharge thereof, provided that within said thirty (30) day period, (i) Tenant provides Landlord with a title indemnity or bond or other adequate security covering any possible lien or claim that may arise from the failure to release and discharge such claim, notice or lien; (ii) Tenant contests such claim, notice or lien in good faith by appropriate proceedings that operate to stay enforcement thereof; and (iii) Tenant promptly pays and discharges any final adverse judgment entered in any such proceeding. If Tenant has not caused the release or discharge or begun appropriate proceedings to contest such claim, notice or lien, within said thirty (30) days, Landlord may, but shall not be obligated to, pay the amount necessary to remove the same without being responsible for making an investigation as to the validity or accuracy thereof, and the amount so paid, together with all costs and expenses (including, without limitation, reasonable attorneys' fees) incurred by Landlord in connection therewith, shall be deemed Additional Rent hereunder, payable upon demand. Tenant has no power or authority to cause or permit any lien or encumbrance of any kind whatsoever, whether created by act of Tenant, operation of law or otherwise, to attach to or be placed upon Landlord's title or interest in the SchedulePremises or the Project, Lessee and any and all liens and encumbrances created by Tenant shall attach to Tenant's interest only. E. Except for ordinary wear and as otherwise provided in this Lease, Tenant shall, at Lessee’s all times during the Term hereof, at its sole expense, keep all Tenant's movable and removable fixtures located in or appurtenant to the premises generally consistent Premises in good order, repair and condition, and Tenant shall promptly arrange with the standard maintained by Landlord to have Landlord (or Landlord's agent) make repairs of all other tenants damages to the Premises and the replacement or repair of premises all damaged or broken glass (including signs thereon), fixtures and appurtenances (including hardware and heating, cooling, ventilating, electrical, plumbing and other mechanical facilities in the Building during Premises), with materials equal in quality and class to the tenancyoriginal materials damaged or broken, within any reasonable period of time specified by Landlord. If Lessee does not make repairs promptly and adequately, Lessor Landlord may, but need notshall not be required to do so, enter the Premises at all reasonable times to make repairs, and Lessee shall pay promptly the reasonable cost thereof. At any time or times, Lessor, either voluntarily or pursuant to governmental requirement, may, at Lessor’s expense, make repairs, alterations, improvements or improvements in additions, as Landlord shall desire or deem necessary for the safety, protection, preservation or improvement of the Project, or as Landlord may be required to do by any governmental department or agency, or by the order or decree of any court or by any other proper authority; provided, however, that Landlord shall cause as little inconvenience or annoyance to Tenant as is reasonably possible under the circumstances. The cost of all repairs made by Landlord to the Building Project which are made necessary as a result of misuse or any part thereofneglect by Tenant or Tenant's employees, including invitees, servants, contractors or agents shall be immediately paid as Additional Rent by Tenant to Landlord within thirty (30) days of being billed for same. The cost of all other repairs and replacements (except those caused by Tenant's misuse or negligence and those relating to Tenant's movable and removable fixtures) shall be paid for by the premises, and, during such operations Lessor may close entrances, doors, corridors, elevators, or other facilities, all without any liability to Lessee or deduction Landlord and deemed an item of rent by reason of interference, inconvenience, or annoyance; provided that Lessee shall have access to the premises sufficient for conduct of Lessee’s business. Lessor shall not be liable to Lessee for any expense, injury, loss, or damage resulting from work done in or upon, or the use of, any adjacent or nearby building, land, street, or alley, provided that Lessor makes a reasonable effort to minimize the disruption to Lessee’s business. In the event Lessee requests that repairs, alterations, decorating, or other work in the premises be made during periods other than ordinary business hours, Lessee shall pay Lessor for overtime and other additional expenses incurred because of such requestOperating Costs.

Appears in 1 contract

Sources: Lease (Open Port Technology Inc)

Alterations and Repairs. Lessee Tenant shall not erect any drywall partitions, make any alterations in or permit to be made any other alterations, additions, improvements, additions or changes (collectively, “Alterations”), in to the premises, Premises without Lessorthe Landlord’s prior written approvalapproval in each and every instance, which approval Lessor may withhold in Lessorconsent shall not be unreasonably withheld or delayed. Unless otherwise provided by written agreement, all Tenant’s sole discretion. Subject Improvements upon the Premises and any replacements therefore, including, but not limited to all air-conditioning or heating systems, decorations, partitions, electrical systems affixed to the services Premises, except furniture or movable trade fixtures installed at the expense of Tenant, shall become the property of the Landlord and shall remain upon, and be surrendered with, the Premises as a part thereof and at the termination of this Lease, without compensation to Tenant; unless, however, Landlord, by notice given the Tenant, shall elect to have Tenant remove any or all such Tenant Improvements. Thereupon Tenant shall accomplish such removal at its sole cost, repair any damage caused by such removal, and restore the Premises to their former condition. If Tenant does not remove said additions, decorations, fixtures, hardware, non-trade fixtures and improvements after request to do so by Landlord, Landlord may remove the same and Tenant shall pay the cost of such removal to the Landlord upon demand. Tenant hereby agrees to hold Landlord and L▇▇▇▇▇▇▇’s beneficiaries, their agents and employees harmless from any and all liabilities of every kind and description which may arise out of or be rendered connected in any way with said alterations or additions. Any mechanic’s lien filed against the Premises, or the Building or the Property, for work claimed to have been furnished to Tenant shall be discharged of record by Lessor as set forth in the Schedule, Lessee shallTenant within ten (10) days thereafter, at LesseeTenant’s expense, keep the premises generally consistent with the standard maintained by other tenants of premises in the Building during the tenancy. If Lessee does not make repairs promptly and adequately, Lessor may, but need not, make repairs, and Lessee shall pay promptly the reasonable cost thereof. At any time or times, Lessor, either voluntarily or pursuant to governmental requirement, may, at Lessor’s expense, make repairs, alterations, or improvements in or to the Building or any part thereof, including the premises, and, during such operations Lessor may close entrances, doors, corridors, elevators, or other facilities, all without any liability to Lessee or deduction of rent by reason of interference, inconvenience, or annoyance; provided that Lessee however Tenant shall have access the right to contest any such lien on the premises posting of reasonably sufficient for conduct of Lessee’s business. Lessor shall not be liable to Lessee for any expense, injury, loss, or damage resulting from work done in or upon, or the use of, any adjacent or nearby building, land, street, or alley, provided that Lessor makes a reasonable effort to minimize the disruption to Lessee’s business. In the event Lessee requests that repairs, alterations, decorating, or other work in the premises be made during periods other than ordinary business hours, Lessee shall pay Lessor for overtime and other additional expenses incurred because of such requestsecurity.

Appears in 1 contract

Sources: Lease Agreement (LFTD Partners Inc.)

Alterations and Repairs. Lessee A. Tenant shall keep the Premises in good condition and repair ordinary wear and tear and loss by fire and other casualty excepted, and shall not do any painting or decorating, or erect any partitions, make any alterations in or permit to be made any other alterations, additions, improvements, changes or changes (collectively, “Alterations”), in repairs to the premises, Premises without Lessorthe Landlord’s prior written approvalapproval in each and every instance, which approval Lessor may withhold in Lessor’s sole discretion. Subject to the services such consent not to be rendered by Lessor as set forth in the Schedule, Lessee shall, at Lessee’s expense, keep the premises generally consistent with the standard maintained by other tenants of premises in the Building during the tenancyunreasonably withheld. If Lessee does not make repairs promptly and adequately, Lessor may, but need not, make repairs, and Lessee shall pay promptly the reasonable cost thereof. At any time or times, Lessor, either voluntarily or pursuant to governmental requirement, may, at Lessor’s expense, make repairs, alterations, or improvements in or to the Building or any part thereof, including the premises, and, during such operations Lessor may close entrances, doors, corridors, elevators, or other facilities, all without any liability to Lessee or deduction of rent by reason of interference, inconvenience, or annoyance; provided that Lessee shall have access to the premises sufficient for conduct of Lessee’s business. Lessor It shall not be liable unreasonable for Landlord to Lessee for withhold approval of any expense, injury, lossalteration or addition which impacts structure or any Building system, or damage resulting from work done which would otherwise result in or upon, or requiring additional improvements to the use of, any adjacent or nearby building, land, street, or alley, provided that Lessor makes a reasonable effort to minimize Premises and/or the disruption to Lessee’s businessProperty. In the event Lessee requests that repairsLandlord grants the requested approval, Tenant shall be responsible for the cost of any such alteration or additions, as well as the cost of any improvements to the Premises and/or Property required as the result thereof. Any such approval shall further be subject to the terms and conditions of Appendix “B” attached hereto and specifically incorporated by reference herein. Unless otherwise agreed by ▇▇▇▇▇▇▇▇ and ▇▇▇▇▇▇ in writing, all such work shall be performed either by or under the direction of Landlord, but at the cost of Tenant. During the term of this Lease, no work shall be performed by or under the direction of Tenant without the express written consent of Landlord. Unless otherwise provided by written agreement, all alterations, decoratingimprovements, and changes shall remain upon and be surrendered with the Premises, excepting however that at Landlord’s option, Tenant shall, at its expense, when surrendering the Premises, remove from the Premises and the Building all such alterations, improvements, and changes and further provided that Tenant shall, on the election of Landlord, remove any trade fixtures provided the Premises are restored to a condition reasonably satisfactory to Landlord. If Tenant does not remove said additions, decorations, fixtures, hardware, non-trade fixtures and improvements after request to do so by Landlord, Landlord may remove the same and Tenant shall pay the cost of such removal to Landlord upon demand. Except to the extent of ▇▇▇▇▇▇▇▇’s negligent or willful act or omission, Tenant hereby agrees to hold Landlord and Landlord’s beneficiaries, their agents and employees harmless from any and all liabilities of every kind and description which may arise out of or be connected in any way with said alterations or additions. Any mechanic’s lien filed against Premises, or the Building or the Property, for work claimed to have been furnished to Tenant shall be discharged of record by Tenant within ten (10) days thereafter, at Tenant’s expense, provided however Tenant shall have the right to contest any such lien on the posting of reasonably sufficient security. B. Tenant shall, at the termination of this Lease, surrender the Premises to Landlord in as good condition and repair as reasonable and proper use thereof will permit, loss by ordinary wear and tear, fire or other work in the premises be made during periods other than ordinary business hours, Lessee shall pay Lessor for overtime and other additional expenses incurred because of such requestcasualty excepted.

Appears in 1 contract

Sources: Lease Agreement (Crescent Banking Co)

Alterations and Repairs. It is agreed that by assuming possession of the Leased Premises pursuant to this Lease, Lessee accepts and affirms that the Premises are in a tenantable and good condition; that the Lessee shall take good care of the Premises, and they shall not make be altered, repaired or permit to changed in any manner without written consent of the Lessor (which consent shall not unreasonably be made any other withheld), and that unless otherwise provided by written agreement, all alterations, additionsimprovements and changes that may be required shall be done either by or under the direction of the Lessor, improvementsbut at the cost of the Lessee, that all alterations, additions and improvements made in and to the Premises shall, unless otherwise provided by written agreement, be the property of the Lessor, and shall remain upon and be surrendered with the Premises; that all damages or injury done to the Premises by the Lessee, or changes (collectively, “Alterations”), by any person who may be in or upon the premises, without Lessor’s prior written approval, which approval Lessor may withhold in Lessor’s sole discretion. Subject to Premises with the services to consent of the Lessee shall be rendered repaired by Lessor as set forth in the Schedule, Lessee at Lessee's expense; and that the Lessee shall, at the termination of this Lease, surrender the Premises to the Lessor in as good order and repair as when delivered to Lessee’s expense, keep the premises generally consistent with the standard maintained by other tenants of premises in the Building during the tenancyordinary wear and tear excepted. If Lessee does not make repairs promptly and adequately, Lessor may, but need not, make repairs, and Lessee shall pay promptly not permit the reasonable cost thereofplacing of any mechanics liens against the land or Building in respect of any work Lessee causes to be done on the Leased Premises. At any time or times, Lessor, either voluntarily or pursuant Lessee hereby agrees to governmental requirement, may, at Lessor’s expense, make repairs, alterations, or improvements in or to the Building or any part thereof, including the premises, and, during such operations indemnify Lessor may close entrances, doors, corridors, elevators, or other facilities, all without any liability to Lessee or deduction of rent by reason of interference, inconvenience, or annoyance; provided that Lessee shall have access to the premises sufficient for conduct of Lessee’s business. Lessor shall not be liable to Lessee for any expense, injury, loss, or damage resulting from work done in or upon, or violation of any of the use of, any adjacent or nearby building, land, street, or alley, provided that Lessor makes a reasonable effort to minimize the disruption to Lessee’s businessabove covenants. In the event of such violation, Lessor (upon giving Lessee requests that repairsreasonable notice thereof) shall have the right to cure same, alterations, decorating, or other work and to be promptly reimbursed by Lessee for all of Lessor's costs in the premises be made during periods other than ordinary business hours, connection with curing said violations. Lessee shall pay Lessor for overtime and other additional expenses incurred because of such requestnot do or permit any act which shall constitute a nuisance.

Appears in 1 contract

Sources: Lease Agreement (Caballero Spanish Media LLC)

Alterations and Repairs. Lessee A. Tenant shall keep the interior and exterior of the Premises in good condition and repair ordinary wear and tear and loss by fire and other casualty excepted, and shall not do any painting or decorating, or erect any partitions, make any alterations in or permit additions, changes or repairs to the Premises without the Landlord's prior written approval in each and every instance, such consent not to be made any other alterations, additions, improvements, or changes (collectively, “Alterations”), in the premises, without Lessor’s prior written approval, which approval Lessor may withhold in Lessor’s sole discretionunreasonably withheld. Subject to the services to be rendered by Lessor as set forth in the Schedule, Lessee shall, at Lessee’s expense, keep the premises generally consistent with the standard maintained by other tenants of premises in the Building during the tenancy. If Lessee does not make repairs promptly and adequately, Lessor may, but need not, make repairs, and Lessee shall pay promptly the reasonable cost thereof. At any time or times, Lessor, either voluntarily or pursuant to governmental requirement, may, at Lessor’s expense, make repairs, alterations, or improvements in or to the Building or any part thereof, including the premises, and, during such operations Lessor may close entrances, doors, corridors, elevators, or other facilities, all without any liability to Lessee or deduction of rent by reason of interference, inconvenience, or annoyance; provided that Lessee shall have access to the premises sufficient for conduct of Lessee’s business. Lessor It shall not be liable unreasonable for Landlord to Lessee for withhold approval of any expense, injury, lossalteration or addition which impacts structure or any building system, or damage resulting from work done which would otherwise result in or upon, or requiring additional improvements to the use of, any adjacent or nearby building, land, street, or alley, provided that Lessor makes a reasonable effort to minimize Premises and/or the disruption to Lessee’s businessProperty. In the event Lessee requests that repairsLandlord grants the requested approval, Tenant shall be responsible for the cost of any such alteration or additions, as well as the cost of any improvements to the Premises and/or Property required as the result thereof. Unless otherwise agreed by ▇▇▇▇▇▇▇▇ and ▇▇▇▇▇▇ in writing, all such work shall be performed either by or under the direction of Landlord, but at the cost of Tenant. During the term of this Lease, no work shall be performed by or under the direction of Tenant without the express written consent of Landlord. Unless otherwise provided by written agreement, all alterations, decoratingimprovements, and changes shall remain upon and be surrendered with the Premises, excepting however that at Landlord's option, Tenant shall, at its expense, when surrendering the Premises, remove from the Premises all such alterations, improvements, and changes and further provided that Tenant shall, on the election of Landlord, remove any trade fixtures provided the Premises are restored to a condition reasonably satisfactory to Landlord. If Tenant does not remove said additions, decorations, fixtures, hardware, non-trade fixtures and improvements after request to do so by Landlord, Landlord may remove the same and Tenant shall pay the cost of such removal to Landlord upon demand. Except to the extent of ▇▇▇▇▇▇▇▇'s negligent or willful act or omission, Tenant hereby agrees to hold Landlord and its agents and employees harmless from any and all liabilities of every kind and description which may arise out of or be connected in any way with said alterations or additions. Any mechanic's lien filed against Premises, or the Property, for work claimed to have been furnished to Tenant shall be discharged of record by Tenant within ten (10) days thereafter, at Tenant's expense, provided however Tenant shall have the right to contest any such lien on the posting of reasonably sufficient security. B. Tenant shall, at the termination of this Lease, surrender the Premises to Landlord in as good condition and repair as reasonable and proper use thereof will permit, loss by ordinary wear and tear, fire or other work in the premises be made during periods other than ordinary business hours, Lessee shall pay Lessor for overtime and other additional expenses incurred because of such requestcasualty excepted.

Appears in 1 contract

Sources: Lease Agreement (Virtualsellers Com Inc)

Alterations and Repairs. Lessee 9.1 Subject to the terms of this Lease, Tenant shall not make or permit suffer to be made any other alterations, additions, improvements, or changes (collectively, “Alterations”), in the premises, without Lessor’s prior written approval, which approval Lessor may withhold in Lessor’s sole discretion. Subject to the services to be rendered by Lessor as set forth in the Schedule, Lessee shall, at Lessee’s expense, keep the premises generally consistent with the standard maintained by other tenants of premises in the Building during the tenancy. If Lessee does not make repairs promptly and adequately, Lessor may, but need not, make repairs, and Lessee shall pay promptly the reasonable cost thereof. At any time or times, Lessor, either voluntarily or pursuant to governmental requirement, may, at Lessor’s expense, make repairs, alterations, additions or improvements in to or to of the Building Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's consent. All such alterations, additions and improvements requiring the consent of Landlord shall be performed by the applicable Contractor and subject to conditions reasonably specified by Landlord. If any such alterations, additions or improvements to the Demised Premises consented to by Landlord shall be made by Landlord for Tenant's account and at Tenant's request, Tenant shall reimburse Landlord for the cost thereof (including a reasonable charge for Landlord's overhead related thereto at prevailing market rates, not to exceed five percent ( 5%) of the premisescost of such work) as the work proceeds within thirty (30) days after receipt of statements therefor. Exhibit "C" hereto shall be applicable to any such alterations, andadditions or improvements. In connection with any alteration requiring Landlord's consent, during Tenant shall reimburse Landlord for the actual reasonable fees charged to Landlord by a third-party architect or the Contractors (if such operations Lessor Contractor(s) do not perform the work) for review of the alteration plans relating to the systems originally installed by such Contractor. 9.2 Subject to the provisions of Section 8.1 hereof and the other provisions of this Lease, Tenant, shall keep the Demised Premises and every part thereof in good condition and repair. Except as otherwise set forth in this Lease, Tenant hereby waives all rights to make repairs at the expense of Landlord or in lieu thereof to vacate the Demised Premises except as provided by law, statute or otherwise now or hereafter in effect. All repairs made by or on behalf of Tenant shall be made and performed in such manner as Landlord may close entrancesdesignate, doorsby contractors or mechanics reasonably approved by Landlord and in accordance with the Rules relating thereto annexed to this Lease as Exhibit "C" hereto and all Laws. Tenant shall, corridorssubject to the provisions of Section 9.3 hereof, elevatorsat the end of the term hereof surrender to Landlord the Demised Premises in the same condition as when received, ordinary wear and tear, repairs to be made by Landlord, alterations made by Tenant with Landlord's consent or other facilitieswhich did not require Landlord's consent, and damage by fire, earthquake, act of God or the elements excepted. Landlord has no obligation and has made no promise to alter, remodel, improve, repair, decorate or paint the Demised Premises or any part thereof and no representations respecting the condition of the Demised Premises or the Building have been made by Landlord to Tenant except as expressly set forth herein. 9.3 Upon the termination of this Lease by lapse of time or otherwise, Tenant shall surrender the Demised Premises together with all alterations, additions, and improvements thereto, in reasonably good order and repair, except for ordinary wear and tear, damage by fire, earthquake, acts of God or the elements, and damage for which Tenant is not obligated to make repairs under this Lease, failing which Landlord may restore the Demised Premises to such condition and Tenant shall pay the cost thereof. Upon such termination all installations, alterations, additions, hardware and improvements, including partitions which may have been installed by either Landlord or Tenant upon the Demised Premises, shall remain upon the Demised Premises and shall be Landlord's property, all without any liability to Lessee or deduction of rent by reason of interferencecompensation, inconvenienceallowance, or annoyance; provided credit, except that Lessee Tenant's trade and moveable fixtures and furniture, business equipment, moveable partitions, telephone and telecommunication equipment, wiring and cabling, computer systems and any other items of personal property shall have access remain Tenant's property. It is further provided, however, that (a) if at the time Landlord approves Tenant's plans therefor Landlord so directs by written notice to the premises sufficient for conduct of Lessee’s business. Lessor Tenant, Tenant shall not be liable to Lessee for any expense, injury, loss, or damage resulting from work done in or upon, or the use of, any adjacent or nearby building, land, street, or alley, provided that Lessor makes a reasonable effort to minimize the disruption to Lessee’s business. In the event Lessee requests that repairsalso promptly remove such installations, alterations, decoratingadditions, or other work hardware and improvements placed in the premises be made during periods other than ordinary business hoursDemised Premises by Tenant (which, Lessee for purposes of this Section 9.3 may include floor tiles as part of the raised floor, modified by Tenant) and designated in the notice, failing which Landlord may remove the same and Tenant shall pay Lessor for overtime and other additional expenses incurred because the reasonable cost of such requestremoval and of any necessary restoration of the Demised Premises.

Appears in 1 contract

Sources: Lease (Covisint Corp)

Alterations and Repairs. Lessee Section 6.01. No structural (or electrical, plumbing or other building system) alterations or additions shall at any time be made by or at the instance of Tenant without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed. Tenant may make any non- structural non-electrical non-plumbing non-building system alteration upon prior notice thereof to Tenant accompanied by plans or permit drawings showing the proposed work. All work, repairs, and/or alterations made by or at the instance of Tenant shall be done in a good and workmanlike manner, with first class new materials, in compliance with any applicable governmental rules and regulations, and subject to Article 19 hereof, and the cost thereof shall be made any other paid by Tenant so that the Demised Premises shall at all times be free of liens for labor or materials supplied or claimed to have been supplied to the Demised Premises. Any alterations, additionsinstallations, improvementsrepairs, additions or improvements (inclusive of paneling and other wall coverings), except Tenant's trade fixtures, shall, at the option of Landlord, become the property of Landlord and shall remain upon and be surrendered with the Demised Premises, as part thereof, at the expiration or sooner termination of the term of this Lease. If Tenant is in default hereunder or is dispossessed, or changes (collectively, “Alterations”), in vacates the premises, without Lessor’s prior written approvalvoluntarily or otherwise, and fails to remove any property, equipment and fixtures within ten (10) days following notice by Landlord, then and in that event, the said property, equipment and fixtures shall be deemed to be abandoned and Landlord may remove and dispose of such property and charge the cost and expense of removal and disposal to Tenant. Trade fixtures shall be defined as fixtures and equipment used by Tenant in the operation of its business, but not including any fixtures and equipment which approval Lessor are part of the operation of the Demised Premises or the Building. Section 6.02. Anything to the contrary contained herein notwithstanding, it is expressly understood and agreed that Tenant may withhold in Lessor’s sole discretioninstall, connect and operate such machinery, fixtures and equipment as may be deemed necessary or desirable by the Tenant for its business, subject to compliance with applicable rules and regulations of governmental bodies and bureaus having jurisdiction thereover. Subject to the services terms and conditions of this Lease, the machinery, fixtures and equipment belonging to be rendered by Lessor as set forth in the Schedule, Lessee Tenant shall, at Lessee’s all times, be considered and intended to be personal property of Tenant, and not part of the realty, and subject to removal by Tenant, provided, at the time of such removal, that Tenant is not in default pursuant to any of the terms, covenants, provisions or conditions of this Lease beyond any applicable notice and cure periods. Tenant, at its own cost and expense, keep shall pay for any damage to the premises generally consistent with Demised Premises or Building caused by the standard maintained by other tenants of premises in the Building during the tenancy. If Lessee does not make repairs promptly and adequately, Lessor may, but need not, make repairsinstallation thereof or such removal, and Lessee this obligation shall pay survive the expiration or sooner termination of the term of this Lease. Section 6.03. Landlord shall, following reasonable notice from Tenant, promptly make all necessary repairs and replacements to (i) the reasonable cost thereof. At any time or times, Lessor, either voluntarily or pursuant to governmental requirement, may, at Lessor’s expense, make repairs, alterations, or improvements in or to exterior and structural portions of the Building or any part thereofDemised Premises, including the premisesfoundations thereof, andand (ii) all utility and plumbing systems and other building wide systems serving the Demised Premises to the extent such serve premises other than the Demised Premises and are not maintained by any utility company or municipality, during such operations Lessor may close entrancesprovided, doorshowever, corridorsin no event shall Landlord be required to make any repairs or replacements caused by any act, elevatorsomission, or other facilitiesnegligence of Tenant, all without any liability to Lessee or deduction of rent by reason of interference, inconveniencesub- tenant, or annoyance; provided that Lessee concessionaire, or their respective employees, agents, invitees, licensees or contractors. Tenant shall have access make all other repairs and replacements to the premises sufficient for conduct Demised Premises. Tenant shall maintain throughout the term of Lessee’s business. Lessor this Lease, including any extension term hereof, a protective service maintenance contract with a contractor approved by Landlord, which approval shall not be liable to Lessee unreasonably withheld or delayed, providing for any expense, injury, loss, or damage resulting from work done in or upon, or periodic maintenance of the use of, any adjacent or nearby building, land, street, or alley, provided that Lessor makes a reasonable effort to minimize the disruption to Lessee’s business. In the event Lessee requests that repairs, alterations, decorating, or other work in the premises be made during periods other than ordinary business hours, Lessee shall pay Lessor for overtime and other additional expenses incurred because of such request.H.V.A.

Appears in 1 contract

Sources: Lease Agreement (Microframe Inc)

Alterations and Repairs. Lessee A. Except for Landlord’s obligations set forth in Section 10, Tenant shall not make or permit keep the Premises in good condition and repair ordinary wear and tear and loss by fire and other casualty excepted. Tenant shall be authorized to be made any other alterationsmaintain, additions, improvements, or changes (collectively, “Alterations”), in the premisesreplace and repair, without Lessor’s prior written approvalobligation of notice to Landlord, which approval Lessor may withhold in Lessor’s sole discretion. Subject the Premises pursuant to the services to be rendered by Lessor its obligations as set forth in the Schedulethis Lease, Lessee shallprovided, at Lessee’s expensehowever, keep the premises generally consistent with the standard maintained by other tenants of premises in the Building during the tenancy. If Lessee does that Tenant shall not erect any partitions or make repairs promptly and adequately, Lessor may, but need not, make repairs, and Lessee shall pay promptly the reasonable cost thereof. At any time or times, Lessor, either voluntarily or pursuant to governmental requirement, may, at Lessor’s expense, make repairs, alterations, or improvements alterations in or additions, to the Building Premises without the Landlord’s prior written approval in each and every instance, such consent not to be unreasonably withheld, delayed or any part thereofconditioned; provided, including the premiseshowever, and, during such operations Lessor may close entrances, doors, corridors, elevators, or other facilities, all without any liability to Lessee or deduction of rent by reason of interference, inconvenience, or annoyance; provided that Lessee shall have access to the premises sufficient for conduct of LesseeLandlord’s business. Lessor consent shall not be liable required for additions or alterations: (1) of which Landlord is given prior notice; (2) do not aggregate during any calendar year to Lessee for more than FIFTY THOUSAND ($50,000.00) DOLLARS; (3) do not affect structure, roof, any expense, injury, lossBuilding systems, or damage resulting from any existing warranty and (4) any painting, decorating, carpeting or other work done that is strictly cosmetic in nature. It shall not be unreasonable for Landlord to withhold approval of any alteration or uponaddition which impacts structure, including, without limitation, slab, exterior walls, roof and windows, or the use ofany HVAC, any adjacent plumbing, electrical, fire protection or nearby building, land, streetother Building system, or alley, provided that Lessor makes a reasonable effort which would otherwise result in requiring additional improvements to minimize the disruption to Lessee’s businessPremises and/or the Property. In the event Lessee requests that repairs, alterations, decoratingLandlord grants the requested approval, or Landlord’s approval is not required by this Lease, Tenant shall be responsible for the cost of any such alterations or additions, as well as the cost of any improvements to the Premises and/or Property required as the result thereof. Unless otherwise agreed by ▇▇▇▇▇▇▇▇ and ▇▇▇▇▇▇ in writing, all such work shall be performed by ▇▇▇▇▇▇, and at the cost of Tenant. All improvements paid for by Tenant shall for all purposes be deemed owned by Tenant and shall be removable by Tenant upon the expiration or termination of this Lease, whether as to all or a portion of the Premises as it may be expanded or contracted from time to time, including, but not limited to trade fixtures, reception desks, audio visual equipment (including screens, monitors and projectors), communications equipment, computer equipment, special electrical equipment and furniture. All improvements paid for by Landlord shall remain upon and be surrendered with the Premises. Landlord, at its option, unless otherwise provided by written agreement, may require Tenant to remove any alteration or addition that was not approved if required to be approved hereunder by Landlord. With respect to any trade fixtures for which ▇▇▇▇▇▇▇▇’s approval was so conditioned when given, Tenant shall, on the election of Landlord at the termination or expiration of the Lease Term, remove any trade fixtures and provide that the Premises are restored to a condition reasonably satisfactory to Landlord. If Tenant does not remove any additions, decorations, fixtures, hardware, non-trade fixtures and improvements for which Tenant is required to do so hereunder, Landlord may remove the same and Tenant shall pay the cost of such removal to Landlord upon demand. Except to the extent of ▇▇▇▇▇▇▇▇’s negligent or willful act or omission, Tenant hereby agrees to hold Landlord and its agents and employees harmless from any and all liabilities of every kind and description which may arise out of or be connected in any way with said alterations or additions. Any mechanic’s lien filed against the Premises, or the Building or the Property, for work claimed to have been furnished to Tenant shall be discharged of record by Tenant within thirty (30) days after Landlord has provided Tenant with notices of the filing of such liens at Tenant’s expense, provided however Tenant shall have the right to contest any such lien on the posting of reasonably sufficient security. Notwithstanding anything contained in this Lease to the contrary, the interest of the Landlord shall not be subject to liens for improvements made by the Tenant and the fee title to the Property shall not be encumbered by any liens arising out of work performed on the Property, by, at the request of, under contracts entered into with, or by persons or parties claiming under or through, Tenant, regardless of whether such work is performed pursuant to this Lease or pursuant to any other agreement now existing or hereafter arising between Landlord and Tenant. Further, pursuant to Chapter 713.10, Florida Statutes, Tenant shall (a) notify each and every contractor who performs such work in the premises be made during periods other than ordinary business hoursconnection with such improvements of this provision, Lessee shall pay Lessor for overtime and other additional expenses incurred because (b) provide a copy of this provision to each of such requestcontractors, (c) require and cause each of such contractors to notify and provide a copy of this provision to each person or party with whom they may deal in connection with the construction of such improvements and require each such person or party to do likewise with persons or parties with whom they may deal, to the end that all contractors, persons, or parties, who provide supplies, furnish labor, or otherwise act to bring about improvements and betterments to the Property will be placed on actual notice of this provision. B. Tenant shall, at the termination of this Lease, surrender the Premises to Landlord in good condition and repair, loss by ordinary wear and tear, fire or other casualty excepted.

Appears in 1 contract

Sources: Lease Agreement (Wells Real Estate Fund Xiv Lp)

Alterations and Repairs. Lessee A. Tenant shall not make any improvements or permit to be made any other alterations, alterations in or additions, improvements, changes or changes installations to the Premises (collectively, “Alterations”)"Work") without submitting plans and specifications therefor to Landlord, and obtaining Landlord's prior written consent in each instance. Landlord may withhold such consent in its sole discretion if the improvements or alterations or additions or changes or installation shall affect the structural portions of the Project or any of its mechanical, electrical or plumbing systems. Tenant shall have the right, without Landlord's consent, to make non-structural alterations, the total cost of which are less than $10,000.00. For the purposes of the preceding sentence, the term "non-structural alterations" shall mean aesthetic changes to the Premises such as painting, carpeting, and wall covering. Tenant shall also have the right to perform internal wiring Work without first obtaining Landlord's consent to such Work; provided, however, Tenant hereby indemnifies and holds harmless Landlord and the Project from any and all loss, damages, costs, liabilities and expenses arising in connection with the internal wiring Work performed by Tenant, its employees, agents or contractors, including without limitation, damages and costs incurred by other tenants of the Project because of such Work. All work shall be performed (a) at the sole cost and expense of Tenant by employees of contractors employed by Landlord, or with Landlord's written consent given prior to the letting of the contract, by contractors employed by Tenant under a written contract previously approved in writing by Landlord, and (b) on such terms and under such conditions as Landlord, in the premises, without Lessor’s prior written approval, which approval Lessor may withhold in Lessor’s its sole discretion. Subject , shall determine as will protect the Premises, the Building and the Project from improper contractors' work and against the imposition of any lien resulting from Work; without limiting the foregoing, if Landlord consents to any Work, it shall be performed subject to the following requirements: (1) If the Work is to be done by Tenant's contractors, Tenant shall furnish to Landlord prior to commencement thereof, building permits and certificates of appropriate insurance and bonds satisfactory in all respects to Landlord. (2) Upon completion of any Work, Tenant shall furnish Landlord with contractors' affidavits and full and final waivers of lien, each conforming to the applicable Wisconsin statutory requirements, as-built plans of any Work and receipted bills covering all labor and materials expended and used. (3) Any Work permitted to be undertaken by Tenant's contractors shall be performed in such a fashion and by such means as necessary to maintain peace and harmony among the other contractors serving the Project and the other tenants and so as not to cause interference with the continuance of work to be performed or services to be rendered by Lessor as set forth to the Project or the other tenants. (4) All Work shall comply with all insurance requirements and with all applicable laws, ordinances and regulations. All Work shall be constructed in a good and workmanlike manner, and only good grades of material shall be used with a quality equal to or better than that used in the ScheduleProject. (5) Tenant shall permit Landlord to supervise all Work within the Premises. Landlord shall charge a supervisory fee not to exceed (a) ten percent (10%) of the total cost of the Work, Lessee including, without limitation, all labor and material costs, if Landlord's employees or contractors perform the Work, and (b) five percent (5%) of the total cost of the Work, including, without limitation, all labor and material costs, if Tenant's employees or contractors perform the Work and if Tenant was required to obtain Landlord's consent to the Work pursuant to this Section 5. Notwithstanding the foregoing, Tenant shall not be required to pay the 5% supervisory fee for internal wiring Work performed by Tenant, its employees or contractors. B. If Tenant desires telegraphic, telephonic, burglar alarm, computer installations or signal service (all of which shall be at Tenant's sole cost and expense), Landlord shall, upon request, direct where and how all connections and wiring for such service shall be introduced and run. In the absence of any such directions, Tenant shall make no borings, cutting or install any wires or cable in or about the Premises. Landlord shall use its best efforts not to impose conditions or requirements on Tenant with respect to this Section 5.B. that unreasonably interfere with Tenant's business operations. C. Tenant agrees to protect, defend and indemnify Landlord, its agents (including, without limitation, the Rental Agent) and employees, the Premises, the Building and the Project from and against any and all liabilities of every kind and description which may arise out of or be connected in any way with any Work, performed by Tenant and whether performed in compliance with this Section 5. D. Any mechanic's lien filed against the Premises or the Project or any notice which is received by either Landlord or Tenant or filed for work or materials furnished or claimed to be furnished and deriving from Work or for materials or work claimed to have been furnished to Tenant or the Premises shall be released and discharged of record by Tenant, in either case, within ten (10) days after such filing or receipt, whichever is applicable, at Tenant's expense. If Tenant chooses to contest such claim or notice or lien, Tenant may do so in place of causing the release and discharge thereof, provided that within said twenty (20) day period, (i) Tenant provides Landlord with a title indemnity or bond or other adequate security covering any possible lien or claim that may arise from the failure to release and discharge such claim, notice or lien; (ii) Tenant contests such claim, notice or lien in good faith by appropriate proceedings that operate to stay enforcement thereof; and (iii) Tenant promptly pays and discharges any final adverse judgment entered in any such proceeding. If Tenant has not caused the release or discharge or begun appropriate proceedings to contest such claim, notice or lien, within said twenty (20) days, Landlord may, but shall not be obligated to, pay the amount necessary to remove the same without being responsible for making an investigation as to the validity or accuracy thereof, and the amount so paid, together with all costs and expenses (including, without limitation, reasonable attorneys' fees) incurred by Landlord in connection therewith, shall be deemed Additional Rent hereunder, payable upon demand. Tenant has no power or authority to cause or permit any lien or encumbrance of any kind whatsoever, whether created by act of Tenant, operation of law or otherwise, to attach to or be placed upon Landlord's title or interest in the Premises or the Project, and any and all liens and encumbrances created by Tenant shall attach to Tenant's interest only. E. Except for ordinary wear and as otherwise provided in this Lease, Tenant shall, at Lessee’s all times during the Term hereof, at its sole expense, keep all Tenant's movable and removable fixtures located in or appurtenant to the premises generally consistent Premises in good order, repair and condition, and Tenant shall promptly arrange with the standard maintained by Landlord to have Landlord (or Landlord's agent) make repairs of all other tenants damages to the Premises and the replacement or repair of premises all damages or broken glass (including signs thereon), fixtures and appurtenants (including hardware and heating, cooling, ventilating, electrical, plumbing and other mechanical facilities in the Building during Premises), with materials equal in quality and class to the tenancyoriginal materials damaged or broken, within any reasonable period of time specified by Landlord. If Lessee does not make repairs promptly and adequately, Lessor Landlord may, but need notshall not be required to do so, enter the Premises at all reasonable times to make repairs, and Lessee shall pay promptly the reasonable cost thereof. At any time or times, Lessor, either voluntarily or pursuant to governmental requirement, may, at Lessor’s expense, make repairs, alterations, improvements or improvements in additions, as Landlord shall desire or deem necessary for the safety, protection, preservation or improvement of the Project, or as Landlord may be required to do by any governmental department or agency, or by the order or decree of any court or by any other proper authority. The cost of all repairs made by Landlord to the Building Project which are made necessary as a result of misuse or any part thereofneglect by Tenant or Tenant's employees, invitees, servants, contractors or agents shall be immediately paid as Additional Rent by Tenant to Landlord upon being billed for same. The cost of all other repairs and replacements (except those caused by Tenant's misuse or negligence and those relating to Tenant's movable and removable fixtures) shall be paid for by the Landlord and deemed an item of Operating Costs. F. Landlord shall maintain, replace and repair the exterior structural portions of the Premises, to-wit: foundation, bearing walls and roof. Landlord shall maintain, replace and repair all walls, plate glass, floors and ceilings, wiring (except for Tenant's telephone and data wiring), pipes and equipment within the walls, floors and ceilings, and all equipment including without limitations, heating, air conditioning, ventilating, electrical and plumbing equipment and elevator machinery. Landlord shall maintain the premisesProject in as good a condition and repair as the Project was in on the Commencement Date of this Lease. Landlord shall manage and operate the Project in a manner consistent with the management and operation of the Project as of the Commencement Date of this Lease. Landlord shall maintain, and, during such operations Lessor may close entrances, doors, corridors, elevators, or other facilities, repair and replace all without any liability to Lessee or deduction of rent by reason of interference, inconvenience, or annoyance; provided that Lessee shall have access to the premises sufficient for conduct of Lessee’s business. Lessor shall not be liable to Lessee for any expense, injury, loss, or damage resulting from work done in or upon, or the use of, any adjacent or nearby building, land, street, or alley, provided that Lessor makes a reasonable effort to minimize the disruption to Lessee’s business. In the event Lessee requests that repairs, alterations, decorating, or other work common areas in the premises be made during periods other than ordinary business hours, Lessee shall pay Lessor for overtime Building and other additional the Project in as good a condition and repair and in as clean and orderly an appearance as existed on the Commencement Date of this Lease. Costs and expenses incurred because by Landlord in connection with its maintenance, repair and replacement obligations shall be included as an item of such requestOperating Costs. To the best of Landlord's knowledge and belief, the Project is in good repair and all Project systems are in operating condition as of the Commencement Date.

Appears in 1 contract

Sources: Lease (Metavante Corp)

Alterations and Repairs. Lessee A. Tenant shall keep the Premises in good condition and repair ordinary wear and tear and loss by fire and other casualty excepted, and shall not do any painting or make any alterations in or permit additions, changes or repairs to the Premises without the Landlord's prior written approval in each and every instance, such consent not to be made any other alterations, additions, improvements, or changes (collectively, “Alterations”), in the premises, without Lessor’s prior written approval, which approval Lessor may withhold in Lessor’s sole discretionunreasonably withheld. Subject to the services to be rendered by Lessor as set forth in the Schedule, Lessee shall, at Lessee’s expense, keep the premises generally consistent with the standard maintained by other tenants of premises in the Building during the tenancy. If Lessee does not make repairs promptly and adequately, Lessor may, but need not, make repairs, and Lessee shall pay promptly the reasonable cost thereof. At any time or times, Lessor, either voluntarily or pursuant to governmental requirement, may, at Lessor’s expense, make repairs, alterations, or improvements in or to the Building or any part thereof, including the premises, and, during such operations Lessor may close entrances, doors, corridors, elevators, or other facilities, all without any liability to Lessee or deduction of rent by reason of interference, inconvenience, or annoyance; provided that Lessee shall have access to the premises sufficient for conduct of Lessee’s business. Lessor It shall not be liable unreasonable for Landlord to Lessee for withhold approval of any expense, injury, lossalteration or addition which impacts structure or any Building system, or damage resulting from work done which would otherwise result in or upon, or requiring additional improvements to the use of, any adjacent or nearby building, land, street, or alley, provided that Lessor makes a reasonable effort to minimize Premises and/or the disruption to Lessee’s businessProperty. In the event Lessee requests that repairsLandlord grants the requested approval, Tenant shall be responsible for the cost of any such alteration or additions, as well as the cost of any improvements to the Premises and/or Property required as the result thereof. Any such approval shall further be subject to the terms and conditions of Appendix "B" attached hereto and specifically incorporated by reference herein. Unless otherwise agreed by ▇▇▇▇▇▇▇▇ and ▇▇▇▇▇▇ in writing, all such work shall be performed either by or under the direction of Landlord, but at the cost of Tenant. During the term of this Lease, no work shall be performed by or under the direction of Tenant without the express written consent of Landlord. Unless otherwise provided by written agreement, all alterations, decoratingimprovements, and changes shall remain upon and be surrendered with the Premises, excepting however that at Landlord's option, Tenant shall, at its expense, when surrendering the Premises, remove from the Premises and the Building all such alterations, improvements, and changes, if installed or made without Landlord's approval or Landlord reserved the right to require such removal when approving the same, and Tenant shall, on the election of Landlord, remove any trade fixtures, and in any such case restore the Premises to a condition reasonably satisfactory to Landlord. If Tenant does not remove said additions, decorations, fixtures, hardware, non-trade fixtures and improvements after request to do so by Landlord, Landlord may remove the same and Tenant shall pay the cost of such removal to Landlord upon demand. Except to the extent of ▇▇▇▇▇▇▇▇'s negligent or willful act or omission, Tenant hereby agrees to hold Landlord and Landlord's beneficiaries, their agents and employees harmless from any and all liabilities of every kind and description which may arise out of or be connected in any way with said alterations or additions. Any mechanic's lien filed against Premises, or the Building or the Property, for work claimed to have been furnished to Tenant shall be discharged of record by Tenant within ten (10) days thereafter, at Tenant's expense, provided however Tenant shall have the right to contest any such lien on the posting of reasonably sufficient security. Notwithstanding anything contained in this Lease to the contrary, the interest of the Landlord shall not be subject to liens for improvements made by the Tenant and the fee title to the Property shall not be encumbered by any liens arising out of work performed on the Property, by, at the request of, under contracts entered into with, or by persons or parties claiming under or through, Tenant, regardless of whether such work is performed pursuant to this Lease or pursuant to any other agreement now existing or hereafter arising between Landlord and Tenant. Further, pursuant to Chapter 713.10, Florida Statutes, Tenant shall (a) notify each and every contractor who performs such work in the premises be made during periods other than ordinary business hoursconnection with such improvements of this provision, Lessee shall pay Lessor for overtime and other additional expenses incurred because (b) provide a copy of this provision to each of such requestcontractors, (c) require and cause each of such contractors to notify and provide a copy of this provision to each person or party with whom they may deal in connection with the construction of such improvements and require each such person or party to do likewise with persons or parties with whom they may deal, to the end that all contractors, persons, or parties, who provide supplies, furnish labor, or otherwise act to bring about improvements and betterments to the Property will be placed on actual notice of this provision. B. Tenant shall, at the termination of this Lease, surrender the Premises to Landlord in as good condition and repair as reasonable and proper use thereof will permit, loss by ordinary wear and tear, fire or other casualty excepted.

Appears in 1 contract

Sources: Lease Agreement (Improvenet Inc)

Alterations and Repairs. Lessee shall not make or permit to be made any other alterations, additions, improvements, or changes (collectively, “Alterations”), in the premises, Premises without Lessor’s the prior written approvalconsent of Lessor, which approval consent Lessor shall not unreasonably withhold, provided that Lessor may withhold in Lessor’s sole discretionmake such consent subject to reasonable conditions. Subject to the services to be rendered by Lessor as set forth in the Schedule, Lessee shall, at Lessee’s own expense, keep the premises generally consistent Premises in good order, condition, and repair during the term, including the replacement of all broken glass with glass of the same size and quality under the supervision and with the standard maintained by other tenants approval of premises in the Building during the tenancyLessor. If Lessee does not make repairs promptly and adequately, Lessor may, but need not, make repairs, repairs and Lessee shall pay promptly the reasonable cost thereof. At any time or times, Lessor, either voluntarily or pursuant to governmental requirementrequirements, may, at Lessor’s own expense, make repairs, alterations, or improvements in or to the Building or any part thereof, including the premisesPremises, and, during such operations Lessor may close entrances, doors, corridors, elevators, or other facilities, all without any liability to Lessee or deduction of rent by reason of interference, inconvenience, or annoyance; provided that Lessee shall have access to the premises Premises sufficient for conduct of Lessee’s business. Lessor shall not be liable to Lessee for any expense, injury, loss, or damage resulting from work done in or upon, or the use of, any adjacent or nearby building, land, street, or alley, provided that Lessor makes a reasonable effort to minimize the disruption to Lessee’s business. In the event Lessee requests that repairs, alterations, decorating, or other work in the premises Premises be made during periods other than ordinary business hours, Lessee shall pay Lessor for overtime and other additional expenses incurred because of such request.

Appears in 1 contract

Sources: Lease (Celladon Corp)

Alterations and Repairs. Lessee Section 6.01. No alterations or additions shall at any time be made by or at the instance of Tenant without Landlord's prior written consent. Notwithstanding the foregoing, Tenant shall have the right, without Landlord's consent, to make interior alterations, installations and improvements which are normal and customary in an office building, and which do not make (i) affect the exterior or permit load bearing portions of the Building or the building systems serving the Building or (ii) void any guaranty or warranty which Landlord has received in connection with the Demised Premises or Building, but subject to Landlord's receipt of the plans therefor (prior to commencement of the alterations), and Landlord's receipt of as-built and as-filed plans therefor promptly following completion of the alterations. All such work, alterations, installations, additions and improvements shall be done at Tenant's sole risk and expense. All work, repairs, and/or alterations made by or at the instance of Tenant shall be done in a good and workmanlike manner, with first class new materials, in compliance with any applicable governmental rules and regulations, and subject to Article 19 hereof, and the cost thereof shall be paid by Tenant in cash or its equivalent, so that the Demised Premises shall at all times be free of liens for labor materials supplied or claimed to have been supplied to the Demised Premises. Any alterations, installations, repairs, additions or improvements (inclusive of paneling and other wall coverings), except Tenant's trade fixtures, shall, at the option of Landlord, become the property of Landlord and shall remain upon and be surrendered with the Demised Premises, as part thereof, at the expiration or sooner termination of the term of this Lease. If Tenant is in default hereunder or is dispossessed, and fails to remove any property, equipment and fixtures within ten (10) days following notice by Landlord, then and in that event, the said property, equipment and fixtures shall be deemed, at the option of Landlord , to be made any other alterationsabandoned; or in lieu thereof, additionsat the Landlord's option, improvementsLandlord may remove and store or dispose of such property and charge the cost and expense of removal, or changes (collectively, “Alterations”), storage and disposal to Tenant. Trade fixtures shall be defined as fixtures and equipment used by Tenant in the premisesoperation of its business, without Lessor’s prior written approvalbut not including any fixtures and equipment which are part of the operation of the Demised Premises or the Building. Section 6.02. Anything to the contrary contained herein notwithstanding, which approval Lessor it is expressly understood and agreed that Tenant may withhold in Lessor’s sole discretioninstall, connect and operate such machinery, fixtures and equipment as may be deemed necessary by the Tenant for its business, subject to compliance with applicable rules and regulations of governmental bodies and bureaus having jurisdiction thereover. Subject to the services terms and conditions of this Lease, the machinery, fixtures and equipment belonging to Tenant shall, at all times, be considered and intended to be rendered personal property of Tenant, and not part of the realty, and subject to removal by Lessor Tenant, provided, at the time of such removal, that Tenant is not in default pursuant to any of the terms, covenants, provisions or conditions of this Lease. Tenant, at its own cost and expense, shall pay for any damage to the Demised Premises or Building caused by the installation thereof or such removal, and this obligation shall survive the expiration or sooner termination of the term of this Lease. (a) Landlord shall, following reasonable notice from Tenant, make all necessary repairs and replacements to (i) the Landlord's Work the need for which arises prior to first anniversary of the Commencement Date (provided Tenant shall have performed its maintenance and repair obligations as set forth herein) and (ii) the structural portions of the Demised Premises, which shall include, without limitation, the roof, roof deck, exterior walls (including maintaining the water tight integrity of the walls and all openings therein) and the floor slab and foundations thereof, provided, however, in the Scheduleno event shall Landlord be required to make any repairs or replacements caused by any act, Lessee shall, at Lessee’s expense, keep the premises generally consistent with the standard maintained by other tenants of premises in the Building during the tenancy. If Lessee does not make repairs promptly and adequately, Lessor may, but need not, make repairs, and Lessee shall pay promptly the reasonable cost thereof. At any time or times, Lessor, either voluntarily or pursuant to governmental requirement, may, at Lessor’s expense, make repairs, alterationsomission, or improvements in or to the Building or any part thereof, including the premises, and, during such operations Lessor may close entrances, doors, corridors, elevators, or other facilities, all without any liability to Lessee or deduction negligence of rent by reason of interference, inconvenience, or annoyance; provided that Lessee shall have access to the premises sufficient for conduct of Lessee’s business. Lessor shall not be liable to Lessee for any expense, injury, loss, or damage resulting from work done in or upon, or the use ofTenant, any adjacent or nearby buildingsubtenant, land, street, or alley, provided that Lessor makes a reasonable effort to minimize the disruption to Lessee’s business. In the event Lessee requests that repairs, alterations, decorating, or other work in the premises be made during periods other than ordinary business hours, Lessee shall pay Lessor for overtime and other additional expenses incurred because of such request.or

Appears in 1 contract

Sources: Lease (Programmers Paradise Inc)

Alterations and Repairs. Lessee Section 6.01. No alterations or additions shall not make or permit to at any time be made any other by or at the instance of Tenant without Landlord's prior written consent, except that Tenant may make alterations, additionsthe cost or value of which is not greater than $10,000.00, improvementswithout Landlord's consent, provided such alterations do not affect the exterior or load bearing structural integrity of the Building or materially or adversely affect the building systems serving the Demised Premises. All work, repairs, and/or alterations made by or at the instance of Tenant shall be done in a good and workmanlike manner, with first class materials, in compliance with any applicable governmental rules and regulations, and subject to Article 19 hereof, and the cost thereof shall be paid by Tenant in cash or its equivalent, so that the Demised Premises shall at all times be free of liens for labor or materials supplied or claimed to have been supplied to the Demised Premises. Any alterations, installations, repairs, additions or improvements (inclusive of paneling and other wall coverings), except Tenant's trade fixtures, shall, at the option of Landlord, become the property of Landlord and shall remain upon and be surrendered with the Demised Premises, as part thereof, at the expiration or sooner termination of the Term. If Tenant is in default hereunder or is dispossessed, or changes (collectively, “Alterations”), in vacates the premises, without Lessor’s prior voluntarily or otherwise, and fails to remove any property, equipment and fixtures within ten (10) days following notice by Landlord, then and in that event, the said property, equipment and fixtures shall be deemed, at the option of Landlord, to be abandoned; or in lieu thereof, at the Landlord's option, Landlord may remove and store or dispose of such property and charge the cost and expense of removal, storage and disposal to Tenant, provided, however, Landlord's option to elect that such alterations either remain with the Demised Premises or be removed at the Tenant's expense, and the Landlord's determination as to whether any particular fixtures are "trade fixtures", shall be made within thirty days (30) following Tenant's written approvalrequest to Landlord to make such determination with respect to any particular installation of any of such alterations or fixtures. Trade fixtures shall be defined as fixtures and equipment used by Tenant in the operation of its business, but not including any fixtures and equipment which approval Lessor are part of the operation of the Demised Premises or the Building. Section 6.02. Anything to the contrary contained herein notwithstanding, it is expressly understood and agreed that Tenant may withhold in Lessor’s sole discretioninstall, connect and operate such machinery, fixtures and equipment as may be deemed necessary by the Tenant for its business, subject to compliance with applicable rules and regulations of governmental bodies and bureaus having jurisdiction thereover. Subject to the services terms and conditions of this Lease, the machinery, fixtures and equipment belonging to be rendered by Lessor as set forth in the Schedule, Lessee Tenant shall, at Lessee’s all times, be considered and intended to be personal property of Tenant, and not part of the realty, and subject to removal by Tenant, provided, at the time of such removal, that Tenant is not in default pursuant to any of the terms, covenants, provisions or conditions of this Lease. Tenant, at its own cost and expense, keep shall pay for any damage to the premises generally consistent with Demised Premises or Building caused by the standard maintained by other tenants installation thereof or such removal, and this obligation shall survive the expiration or sooner termination of premises in the Building during the tenancyTerm. Section 6.03. If Lessee does not make repairs promptly and adequatelyLandlord shall, Lessor may, but need notfollowing reasonable notice from Tenant, make repairs, all necessary repairs and Lessee shall pay promptly the reasonable cost thereof. At any time or times, Lessor, either voluntarily or pursuant to governmental requirement, may, at Lessor’s expense, make repairs, alterations, or improvements in or replacements to the Building or any part thereofexterior structural portions of the Demised Premises, including the premisesroof and foundations thereof, andprovided, during such operations Lessor may close entranceshowever, doors, corridors, elevators, or other facilities, all without any liability to Lessee or deduction of rent by reason of interference, inconvenience, or annoyance; provided that Lessee shall have access to the premises sufficient for conduct of Lessee’s business. Lessor Landlord shall not be liable required to Lessee make any repairs or replacements caused by any act, omission, or negligence of Tenant, any subtenant, or concessionaire, or their respective employees, agents, invitees, licensees or contractors, including any repairs to the roof necessitated by roof penetrations made by Tenant, it being understood that Landlord shall be responsible for any expenseroof repairs arising out of Landlord's Work. Tenant shall make all other repairs and replacements to the Demised Premises. Tenant shall maintain throughout the Term, injuryincluding any extension term hereof, lossa protective service maintenance contract with a contractor approved by Landlord, or damage resulting from work done in or uponwhich approval shall not be unreasonably withheld, or providing for periodic maintenance of the use of, any adjacent or nearby building, land, street, or alley, provided that Lessor makes a reasonable effort to minimize the disruption to Lessee’s business. In the event Lessee requests that repairs, alterations, decorating, or other work in the premises be made during periods other than ordinary business hours, Lessee shall pay Lessor for overtime and other additional expenses incurred because of such request.H.V.A.

Appears in 1 contract

Sources: Lease Agreement (PTC Therapeutics, Inc.)