Common use of Alterations and Trade Fixtures Clause in Contracts

Alterations and Trade Fixtures. Any alterations, additions, or improvements made to the Premises ("ALTERATIONS") by or on behalf of Tenant, including additional locks or bolts of any kind or nature upon any doors or windows in the Premises, but excluding installation, removal, or realignment of furniture systems (other than removal of furniture systems owned or paid for by Landlord) not involving any modifications to the structure or connections (other then by ordinary plugs or jacks) to "BUILDING SYSTEMS" (as defined in Section 13 below) shall be subject to Landlord's prior written consent, which consent (i) will not be unreasonably withheld or delayed with respect to non-structural Alterations to the interior of the Premises that do not involve any Building Systems or puncturing, relocating, or removing the roof or any existing load- bearing walls ("NON-STRUCTURAL ALTERATIONS"), and (ii) may be withheld, in Landlord's sole and absolute discretion, with respect to all other Alterations. Notwithstanding the foregoing, Landlord's prior consent will not be required with respect to Non-Structural Alterations if the cost of each such Non- Structural Alteration does not exceed $5,000.00 ("PERMITTED NON-STRUCTURAL ALTERATIONS"), the aggregate cost of all such Permitted Non-Structural Alterations does not exceed $25,000.00 in any consecutive 12 month period, and Tenant provides Landlord with Notice of each such Permitted Non-Structural Alteration, accompanied by any plans, specifications, bid proposals, work contracts, or other information concerning the nature and cost of each such Permitted Non-Structural Alteration that Tenant may have in its possession or control, including the identities and mailing addresses of all persons performing work or supplying materials (collectively, "ALTERATIONS INFORMATION"). If Landlord approves any Alterations, Landlord may impose such conditions on Tenant in connection with the commencement, performance, and completion of such Alterations as Landlord may deem appropriate (in Landlord's reasonable discretion, with respect to Non-Structural Alterations, and in Landlord's sole and absolute discretion, with respect to all other Alterations). Any request for approval shall be in writing, delivered not less than 15 business days in advance of any proposed construction, and accompanied by such Alterations Information as may be reasonably requested by Landlord. Landlord's right to review plans and specifications and to monitor construction shall be solely for its own benefit, and Landlord shall have no duty to see that such plans and specifications or construction comply with applicable Legal Requirements. Tenant, at its sole cost and expense, shall cause all Alterations to comply with insurance requirements known to Tenant and Legal Requirements and shall implement any alteration or modification required by Legal Requirements as a result of any Alterations. Except as to Permitted Non-Structural Alterations, Tenant shall pay to Landlord, on demand as Additional Rent, an amount equal to 5.00% of all charges incurred by Tenant or its contractors or agents in connection with any Alterations to cover Landlord's overhead and expenses for plan review, coordination, scheduling, and supervision. Tenant will give Landlord Notice at least 5 days (or any longer period that may be required under the Ground Lease) before beginning any Alterations so that Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable law. Tenant, at its sole cost and expense, shall correct any faulty work or inadequate cleanup done by Tenant or its contractors within 5 business days after Notice of the same from Landlord. Tenant shall reimburse Landlord for, and indemnify and hold Landlord harmless from, any reasonable and necessary expenses incurred by Landlord by reason of such faulty work or inadequate cleanup or by reason of delays caused by the same. Tenant shall furnish security or make other arrangements satisfactory to Landlord to assure payment for the completion of all work free and clear of "LIENS" (as defined in Section 15 below), and shall provide certificates of insurance for workers compensation and other coverage in amounts and from an insurance company satisfactory to Landlord protecting Landlord against liability for personal injury or property damage during construction (copies of such certificates will suffice, so long as the original certificates are forwarded to Landlord within 2 business days thereafter). Upon completion of any Alterations, Tenant shall deliver to Landlord: (i) sworn statements setting forth the names of all contractors and subcontractors who did the work and final lien waivers from all such contractors and subcontractors; and (ii) as-built plans for any such Alteration. Other than the items, if any, listed on Exhibit H and any items agreed by Landlord in writing to be included on Exhibit H in the future ("TENANT'S PROPERTY"), all Alterations, all "TENANT IMPROVEMENTS" (as defined in the Work Letter), and all other equipment, fixtures, trade fixtures, machinery, built-in furniture and cabinets, and other additions and improvements attached to or built into the Premises, including, without limitation, fume hoods that penetrate the roof or plenum area, built-in cold rooms, built-in warm rooms, walk-in cold rooms, walk-in warm rooms, deionized water systems, glass washing equipment, autoclaves, chillers, built-in plumbing, electrical and mechanical equipment and systems, and any power generator and transfer switch (collectively, "INSTALLATIONS"), shall be and shall remain the property of Landlord during the Term and any Term Extension and following the expiration or earlier termination of this Lease, shall not be removed by Tenant at any time during the Term or any Term Extension, and, subject to the provisions of Section 42 below, shall remain upon and be surrendered with the Premises as a part thereof following the expiration or earlier termination of this Lease; provided, however, that Landlord, at the time its approval of any Installation is requested, may elect to cause Tenant to remove such Installation upon the expiration or earlier termination of this Lease. If Landlord so elects, Tenant shall remove such Installation upon the expiration or earlier termination of this Lease and restore any damage caused by or occasioned as a result of such removal. During any such restoration period, Tenant shall pay Rent to Landlord as provided herein as if Tenant otherwise occupied said space. Landlord and Tenant hereby acknowledge and agree that the list of Tenant's Property attached hereto as Exhibit H is intentionally over-inclusive and includes items that will be used, located, placed, and/or stored in the Office / Lab. Tenant shall be solely responsible for keeping records regarding the actual location of each particular item of Tenant's Property. For purposes of this Lease, if, at any time, any particular item of Tenant's Property is not within the Premises, such item shall be presumed to be within the Office / Lab.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Paradigm Genetics Inc)

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Alterations and Trade Fixtures. Any Tenant shall have the right to make any reasonable alterations, additions, or improvements made to the Premises ("ALTERATIONS") by or on behalf of Tenant, including additional locks or bolts of any kind or nature upon any doors or windows in the Premises, but excluding installation, removal, or realignment of furniture systems (other than removal of furniture systems owned or paid for by Landlord) not involving any modifications to the structure or connections (other then by ordinary plugs or jacks) to "BUILDING SYSTEMS" (as defined in Section 13 below) shall be subject to with Landlord's prior written consentconsent and all alterations, which consent (i) will not be unreasonably withheld additions or delayed with respect to non-structural Alterations to the interior improvements made by either of the Premises that do not involve any Building Systems parties hereto upon the Premises, except moveable and detached or puncturing, relocating, or removing the roof or any existing load- bearing walls ("NON-STRUCTURAL ALTERATIONS")detachable office furniture, and (ii) may be withheld, in Landlord's sole and absolute discretion, with respect to all other Alterations. Notwithstanding the foregoing, Landlord's prior consent will not be required with respect to Non-Structural Alterations if the cost of each such Non- Structural Alteration does not exceed $5,000.00 ("PERMITTED NON-STRUCTURAL ALTERATIONS"), the aggregate cost of all such Permitted Non-Structural Alterations does not exceed $25,000.00 in any consecutive 12 month periodmoveable partitions, and Tenant provides Landlord with Notice of each such Permitted Non-Structural Alteration, accompanied by any plans, specifications, bid proposals, work contracts, or other information concerning the nature moveable machinery and cost of each such Permitted Non-Structural Alteration that Tenant may have equipment put in its possession or control, including the identities and mailing addresses of all persons performing work or supplying materials (collectively, "ALTERATIONS INFORMATION"). If Landlord approves any Alterations, Landlord may impose such conditions on Tenant in connection with the commencement, performance, and completion of such Alterations as Landlord may deem appropriate (in Landlordat Tenant's reasonable discretion, with respect to Non-Structural Alterations, and in Landlord's sole and absolute discretion, with respect to all other Alterations). Any request for approval shall be in writing, delivered not less than 15 business days in advance of any proposed construction, and accompanied by such Alterations Information as may be reasonably requested by Landlord. Landlord's right to review plans and specifications and to monitor construction shall be solely for its own benefit, and Landlord shall have no duty to see that such plans and specifications or construction comply with applicable Legal Requirements. Tenant, at its sole cost and expense, shall cause all Alterations to comply with insurance requirements known to Tenant and Legal Requirements and shall implement any alteration or modification required by Legal Requirements as a result of any Alterations. Except as to Permitted Non-Structural Alterations, Tenant shall pay to Landlord, on demand as Additional Rent, an amount equal to 5.00% of all charges incurred by Tenant or its contractors or agents in connection with any Alterations to cover Landlord's overhead and expenses for plan review, coordination, scheduling, and supervision. Tenant will give Landlord Notice at least 5 days (or any longer period that may be required under the Ground Lease) before beginning any Alterations so that Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable law. Tenant, at its sole cost and expense, shall correct any faulty work or inadequate cleanup done by Tenant or its contractors within 5 business days after Notice of the same from Landlord. Tenant shall reimburse Landlord for, and indemnify and hold Landlord harmless from, any reasonable and necessary expenses incurred by Landlord by reason of such faulty work or inadequate cleanup or by reason of delays caused by the same. Tenant shall furnish security or make other arrangements satisfactory to Landlord to assure payment for the completion of all work free and clear of "LIENS" (as defined in Section 15 below), and shall provide certificates of insurance for workers compensation and other coverage in amounts and from an insurance company satisfactory to Landlord protecting Landlord against liability for personal injury or property damage during construction (copies of such certificates will suffice, so long as the original certificates are forwarded to Landlord within 2 business days thereafter). Upon completion of any Alterations, Tenant shall deliver to Landlord: (i) sworn statements setting forth the names of all contractors and subcontractors who did the work and final lien waivers from all such contractors and subcontractors; and (ii) as-built plans for any such Alteration. Other than the items, if any, listed on Exhibit H and any items agreed by Landlord in writing to be included on Exhibit H in the future ("TENANT'S PROPERTY"), all Alterations, all "TENANT IMPROVEMENTS" (as defined in the Work Letter), and all other equipment, fixtures, trade fixtures, machinery, built-in furniture and cabinets, and other additions and improvements attached to or built into the Premises, including, without limitation, fume hoods that penetrate the roof or plenum area, built-in cold rooms, built-in warm rooms, walk-in cold rooms, walk-in warm rooms, deionized water systems, glass washing equipment, autoclaves, chillers, built-in plumbing, electrical and mechanical equipment and systems, and any power generator and transfer switch (collectively, "INSTALLATIONS"), shall be and shall remain the property of Landlord during the Term Landlord, and any Term Extension and following the expiration or earlier termination of this Lease, shall not be removed by Tenant at any time during the Term or any Term Extension, and, subject to the provisions of Section 42 below, shall remain upon and be surrendered with the Premises Premises, as a part thereof following the expiration or earlier termination of this Lease; provided, however, that Landlord, at the time its approval of any Installation is requested, may elect to cause Tenant to remove such Installation upon the expiration or earlier termination of this Lease. If Landlord so elects, Tenant shall remove such Installation Any property or fixtures which remain upon the Premises after the expiration of the Lease shall be deemed abandoned by Tenant and Landlord may take possession of same and dispose of in any reasonable manner without any further liability of Landlord to Tenant. Any costs associated with the removal of such property shall be payable by Tenant. All labor and materials furnished by or earlier termination on behalf of Tenant under or pursuant to this Lease shall be first class, no less than the caliber and restore any damage caused quality which exists in the Premises and by or occasioned as a result of such removal. During any such restoration period, Tenant shall pay Rent to Landlord as provided herein as if Tenant otherwise occupied said space. contractors approved in writing by Landlord and Tenant hereby acknowledge and agree that shall be accomplished at times so as not to disturb the list activities of Tenant's Property attached hereto as Exhibit H is intentionally over-inclusive and includes items that will be used, located, placed, and/or stored in the Office / Labother tenants. Tenant shall be solely responsible for keeping records regarding not install any alterations, additions or improvements in such a manner as to compromise the actual location structural integrity of each particular item of Tenant's Propertythe Premises or any part thereof. For purposes of this Lease, if, at any time, any particular item of Tenant's Property is not within the Premises, such item The labor and materials shall be presumed installed in complete conformity to be within all applicable statutes, codes, ordinances and regulations. Landlord agrees that it will not unreasonably withhold or delay its consent to any proposed addition, alteration or improvement. Tenant agrees that it will submit to Landlord sealed plans and specifications along with the Office / Labname and address of the proposed contractor and all subcontractors as part of any request made hereunder. Prior to commencing the work, Tenant will furnish Landlord with copies of all governmental permits and certificates establishing that its contractor and subcontractors have adequate insurance coverages. Upon completion of the work, Tenant will submit to Landlord as-built drawings and certificates of inspection certifying the satisfactory completion of the alteration, addition or improvement. Landlord either has or is in the process of installing a master key system. Tenant therefore agrees that under no circumstances will it change any of the exterior locks thereby making it impossible for the Landlord to gain access with its master key.

Appears in 1 contract

Samples: Office Lease (Qad Inc)

Alterations and Trade Fixtures. Any Lessee shall have the right to make alterations, additionsimprovements or additions to the improvements; provided, however, that Lessee shall first obtain Lessor's prior written approval of the applicable plans and specifications for any alterations, improvements or additions (a) costing in excess of $5000.00, in the aggregate and not separately, or (b) affecting the structural or load-bearing members of the Building, or (c) affecting the exterior of the Building, or (d) affecting the roads, parking areas or other exterior structures on the Demised Premises. Lessor shall not unreasonably withhold its approval of any alterations, improvements or additions requested by Lessee and Lessor shall respond to Lessee's written request for such approval within fifteen (15) days following receipt thereof by Lessor. During the term of the Lease, Lessee shall have the right but, except as stated in the succeeding sentence, not the obligation to remove (a) any of said alterations, improvements or additions made to the Demised Premises ("ALTERATIONS") by or on behalf of Tenant, including additional locks or bolts of any kind or nature upon any doors or windows in the Premises, but excluding installation, removal, or realignment of furniture systems (other than removal of furniture systems owned or paid for by Landlord) not involving any modifications to the structure or connections (other then by ordinary plugs or jacks) to "BUILDING SYSTEMS" (as defined in Section 13 below) shall be subject to LandlordLessee at Lessee's prior written consent, which consent (i) will not be unreasonably withheld or delayed with respect to non-structural Alterations to the interior of the Premises that do not involve any Building Systems or puncturing, relocating, or removing the roof or any existing load- bearing walls ("NON-STRUCTURAL ALTERATIONS")cost, and (iib) may be withheldany trade fixtures, in Landlord's sole furniture and absolute discretionequipment installed by Lessee; provided, with respect to all other Alterations. Notwithstanding the foregoinghowever, Landlord's prior consent will not be required with respect to Non-Structural Alterations if the cost of each such Non- Structural Alteration does not exceed $5,000.00 ("PERMITTED NON-STRUCTURAL ALTERATIONS"), the aggregate cost of all such Permitted Non-Structural Alterations does not exceed $25,000.00 in any consecutive 12 month period, and Tenant provides Landlord with Notice of each such Permitted Non-Structural Alteration, accompanied by any plans, specifications, bid proposals, work contracts, or other information concerning the nature and cost of each such Permitted Non-Structural Alteration that Tenant may have in its possession or control, including the identities and mailing addresses of all persons performing work or supplying materials (collectively, "ALTERATIONS INFORMATION"). If Landlord approves any Alterations, Landlord may impose such conditions on Tenant in connection with the commencement, performance, and completion of such Alterations as Landlord may deem appropriate (in Landlord's reasonable discretion, with respect to Non-Structural Alterations, and in Landlord's sole and absolute discretion, with respect to all other Alterations). Any request for approval shall be in writing, delivered not less than 15 business days in advance of any proposed construction, and accompanied by such Alterations Information as may be reasonably requested by Landlord. Landlord's right to review plans and specifications and to monitor construction shall be solely for its own benefit, and Landlord shall have no duty to see that such plans and specifications or construction comply with applicable Legal Requirements. TenantLessee shall, at its sole cost and expense, shall cause all Alterations repair any damage caused to comply with insurance requirements known the Demised Premises by such removal. By notice to Tenant Lessee in writing given not more than six (6) months and Legal Requirements and shall implement not less than two (2) months prior to the Expiration Date, Lessor may request that Lessee remove from the Demised Premises (I) any alteration of said alterations, improvements or modification required additions made to the Demised Premises by Legal Requirements as a result of any Alterations. Except as to Permitted Non-Structural Alterations, Tenant shall pay to Landlord, on demand as Additional Rent, an amount equal to 5.00% of all charges incurred by Tenant or its contractors or agents in connection with any Alterations to cover Landlord's overhead and expenses for plan review, coordination, scheduling, and supervision. Tenant will give Landlord Notice at least 5 days (or any longer period that may be required under the Ground Lease) before beginning any Alterations so that Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable law. Tenant, at its sole cost and expense, shall correct any faulty work or inadequate cleanup done by Tenant or its contractors within 5 business days after Notice of the same from Landlord. Tenant shall reimburse Landlord for, and indemnify and hold Landlord harmless from, any reasonable and necessary expenses incurred by Landlord by reason of such faulty work or inadequate cleanup or by reason of delays caused by the same. Tenant shall furnish security or make other arrangements satisfactory to Landlord to assure payment for the completion of all work free and clear of "LIENS" (as defined in Section 15 below), and shall provide certificates of insurance for workers compensation and other coverage in amounts and from an insurance company satisfactory to Landlord protecting Landlord against liability for personal injury or property damage during construction (copies of such certificates will suffice, so long as the original certificates are forwarded to Landlord within 2 business days thereafter). Upon completion of any Alterations, Tenant shall deliver to Landlord: (i) sworn statements setting forth the names of all contractors and subcontractors who did the work and final lien waivers from all such contractors and subcontractors; Lessee and (ii) as-built plans for any such Alteration. Other than of the itemstrade fixtures, furniture and equipment installed by Lessee; and, if anyLessor makes such request, listed Lessee shall remove, on Exhibit H and any items agreed by Landlord in writing to be included on Exhibit H in or before the future ("TENANT'S PROPERTY")Expiration Date, all Alterationssuch of Lessee's alterations, all "TENANT IMPROVEMENTS" (as defined in the Work Letter)improvements, and all other equipment, fixturesadditions, trade fixtures, machinery, built-in furniture and cabinets, equipment as are stated in such request and other additions and improvements attached to or built into the Premises, including, without limitation, fume hoods that penetrate the roof or plenum area, built-in cold rooms, built-in warm rooms, walk-in cold rooms, walk-in warm rooms, deionized water systems, glass washing equipment, autoclaves, chillers, built-in plumbing, electrical and mechanical equipment and systems, and any power generator and transfer switch (collectively, "INSTALLATIONS"), shall be and shall remain the property of Landlord during the Term and any Term Extension and following the expiration or earlier termination of this Lease, shall not be removed by Tenant at any time during the Term or any Term Extension, and, subject to the provisions of Section 42 below, shall remain upon and be surrendered with the Premises as a part thereof following the expiration or earlier termination of this Lease; provided, however, that Landlord, at the time its approval of any Installation is requested, may elect to cause Tenant to remove such Installation upon the expiration or earlier termination of this Lease. If Landlord so elects, Tenant shall remove such Installation upon the expiration or earlier termination of this Lease and restore repair any damage caused to the Demised Premises by or occasioned as a result of such said removal. During any such restoration period, Tenant shall pay Rent Subject to Landlord as provided herein as if Tenant otherwise occupied said space. Landlord and Tenant hereby acknowledge and agree that the list foregoing provisions of Tenant's Property attached hereto as Exhibit H is intentionally over-inclusive and includes items that will be used, located, placed, and/or stored in the Office / Lab. Tenant shall be solely responsible for keeping records regarding the actual location of each particular item of Tenant's Property. For purposes of this Lease, if, at any time, any particular item of Tenant's Property is not within the Premises, such item shall be presumed to be within the Office / Lab.this

Appears in 1 contract

Samples: Lease Agreement (Ceco Environmental Corp)

Alterations and Trade Fixtures. Any alterations, additions, or improvements made to the Premises ("ALTERATIONSAlterations") by or on behalf of Tenant, including additional locks or bolts of any kind or nature upon any doors or windows in the Premises, but excluding installation, removal, or realignment of furniture systems (other than removal of furniture systems owned or paid for by Landlord) not involving any modifications to the structure or connections (other then by ordinary plugs or jacks) to "BUILDING SYSTEMSBuilding Systems" (as defined in Section 13 ---------- below) shall be subject to Landlord's prior written consent, which consent (i) will not be unreasonably withheld or delayed with respect to non-structural Alterations to the interior of the Premises that do not involve any Building Systems or puncturing, relocating, or removing the roof or any existing load- bearing walls ("NON`Non-STRUCTURAL ALTERATIONSStructural Alterations"), and (ii) may be withheld, in Landlord's sole and absolute discretion, with respect to all other Alterations. Notwithstanding the foregoing, Landlord's prior consent will not be required with respect to Non-Structural Alterations if the cost of each such Non- ---- Structural Alteration does not exceed $5,000.00 ("PERMITTED NONPermitted Non-STRUCTURAL ALTERATIONSStructural Alterations"), the aggregate cost of all such Permitted Non-Structural --- Alterations does not exceed $25,000.00 in any consecutive 12 month period, and Tenant provides Landlord with Notice of each such Permitted Non-Structural ---- Alteration, accompanied by any plans, specifications, bid proposals, work contracts, or other information concerning the nature and cost of each such ---- Permitted Non-Structural Alteration that Tenant may have in its possession or control, including the identities and mailing addresses of all persons performing work or supplying materials (collectively, "ALTERATIONS INFORMATIONAlterations Information"). If Landlord approves any Alterations, Landlord may impose such conditions on Tenant in connection with the commencement, performance, and completion of such Alterations as Landlord may deem appropriate (in Landlord's reasonable discretion, with respect to Non-Structural Alterations, and in Landlord's sole and absolute discretion, with respect to all other Alterations). Any request for approval shall be in writing, delivered not less than 15 business days in advance of any proposed construction, and accompanied by such Alterations Information as may be reasonably requested by Landlord. Landlord's right to review plans and specifications and to monitor construction shall be solely for its own benefit, and Landlord shall have no duty to see that such plans and specifications or construction comply with applicable Legal Requirements. Tenant, at its sole cost and expense, shall cause all Alterations to comply with insurance requirements known to Tenant and Legal Requirements and shall implement any alteration or modification required by Legal Requirements as a result of any Alterations. Except as to Permitted Non-Structural Alterations, Tenant shall pay to Landlord, on demand as Additional Rent, an amount equal to 5.00% of all charges incurred by Tenant or its contractors or agents in connection with any Alterations to cover Landlord's overhead and expenses for plan review, coordination, scheduling, and supervision. Tenant will give Landlord Notice at least 5 days (or any longer period that may be required under the Ground Lease) before beginning any Alterations so that Landlord may post on and about the Premises notices of non-non- responsibility pursuant to applicable law. Tenant, at its sole cost and expense, shall correct any faulty work or inadequate cleanup done by Tenant or its contractors within 5 business days after Notice of the same from Landlord. Tenant shall reimburse Landlord for, and indemnify and hold Landlord harmless from, any reasonable and necessary expenses incurred by Landlord by reason of such faulty work or inadequate cleanup or by reason of delays caused by the same. Tenant shall furnish security or make other arrangements satisfactory to Landlord to assure payment for the completion of all work free and clear of "LIENSLiens" (as defined in Section 15 below), and shall provide certificates of ---------- insurance for workers compensation and other coverage in amounts and from an insurance company satisfactory to Landlord protecting Landlord against liability for personal injury or property damage during construction (copies of such certificates will suffice, so long as the original certificates are forwarded to Landlord within 2 business days thereafter). Upon completion of any Alterations, Tenant shall deliver to Landlord: (i) sworn statements setting forth the names of all contractors and subcontractors who did the work and final lien waivers from all such contractors and subcontractors; and (ii) as-built plans for any such Alteration. Other than the items, if any, listed on Exhibit H 1 and any items agreed by --------- Landlord in writing to be included on Exhibit H 1 in the future ("TENANT'S PROPERTYTenant's --------- Property"), all Alterations, all "TENANT IMPROVEMENTS" (as defined in the Work Letter), Alterations and all other equipment, fixtures, trade fixtures, machinery, built-in furniture and cabinets, and other additions and improvements attached to or built into the Premises, including, without limitation, fume hoods that penetrate the roof or plenum area, built-in cold rooms, built-in warm rooms, walk-in cold rooms, walk-in warm rooms, deionized water systems, glass washing equipment, autoclaves, chillers, built-in plumbing, electrical and mechanical equipment and systems, and any power generator and transfer switch (collectively, "INSTALLATIONSInstallations"), shall be and shall remain the property of Landlord during the Term and any Term Extension and following the expiration or earlier termination of this Lease, shall not be removed by Tenant at any time during the Term or any Term Extension, and, subject to the provisions of Section 42 below, and shall remain upon and be surrendered with the Premises as a part thereof following the expiration or earlier termination of this Lease; provided, however, that Landlord, at the time its -------- ------- approval of any Installation is requested, may elect to cause Tenant to remove such Installation upon the expiration or earlier termination of this Lease. If Landlord so elects, Tenant shall remove such Installation upon the expiration or earlier termination of this Lease and restore any damage caused by or occasioned as a result of such removal. During any such restoration period, Tenant shall pay Rent to Landlord as provided herein as if Tenant otherwise occupied said space. Landlord and Tenant hereby acknowledge and agree that the list of Tenant's Property attached hereto as Exhibit H is intentionally over-inclusive and includes items that will be used, located, placed, and/or stored in the Office / Lab. Tenant shall be solely responsible for keeping records regarding the actual location of each particular item of Tenant's Property. For purposes of this Lease, if, at any time, any particular item of Tenant's Property is not within the Premises, such item shall be presumed to be within the Office / Lab.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Paradigm Genetics Inc)

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Alterations and Trade Fixtures. Any Tenant will, during the term and all continuations hereof, keep, and at the expiration hereof, peaceably surrender possession of the Premises in as good order and condition as existed at the inception of this Lease, reasonable wear and tear and damage by fire, elements or casualty excepted, and will, at the expiration of said term, or any continuation thereof, deliver the keys at the office of said Landlord. Tenant shall have the right to make any reasonable alterations, additions, or improvements made to the Premises ("ALTERATIONS") by or on behalf of Tenant, including additional locks or bolts of any kind or nature upon any doors or windows in the Premises, but excluding installation, removal, or realignment of furniture systems (other than removal of furniture systems owned or paid for by with Landlord) not involving any modifications to the structure or connections (other then by ordinary plugs or jacks) to "BUILDING SYSTEMS" (as defined in Section 13 below) shall be subject to Landlord's ’s prior written consent, consent which consent (i) will shall not be unreasonably withheld and all alterations, additions or delayed with respect to non-structural Alterations to the interior improvements made by either of the Premises that do not involve any Building Systems parties hereto upon the Premises, except moveable and detached or puncturing, relocating, or removing the roof or any existing load- bearing walls ("NON-STRUCTURAL ALTERATIONS")detachable office furniture, and (ii) may be withheld, in Landlord's sole and absolute discretion, with respect to all other Alterations. Notwithstanding the foregoing, Landlord's prior consent will not be required with respect to Non-Structural Alterations if the cost of each such Non- Structural Alteration does not exceed $5,000.00 ("PERMITTED NON-STRUCTURAL ALTERATIONS"), the aggregate cost of all such Permitted Non-Structural Alterations does not exceed $25,000.00 in any consecutive 12 month periodmoveable partitions, and Tenant provides Landlord with Notice of each such Permitted Non-Structural Alteration, accompanied by any plans, specifications, bid proposals, work contracts, or other information concerning the nature moveable machinery and cost of each such Permitted Non-Structural Alteration that Tenant may have in its possession or control, including the identities and mailing addresses of all persons performing work or supplying materials (collectively, "ALTERATIONS INFORMATION"). If Landlord approves any Alterations, Landlord may impose such conditions on Tenant in connection with the commencement, performance, and completion of such Alterations as Landlord may deem appropriate (in Landlord's reasonable discretion, with respect to Non-Structural Alterations, and in Landlord's sole and absolute discretion, with respect to all other Alterations). Any request for approval shall be in writing, delivered not less than 15 business days in advance of any proposed construction, and accompanied by such Alterations Information as may be reasonably requested by Landlord. Landlord's right to review plans and specifications and to monitor construction shall be solely for its own benefit, and Landlord shall have no duty to see that such plans and specifications or construction comply with applicable Legal Requirements. equipment installed at Tenant, at its sole cost and ’s expense, shall cause all Alterations to comply with insurance requirements known to Tenant and Legal Requirements and shall implement any alteration or modification required by Legal Requirements as a result of any Alterations. Except as to Permitted Non-Structural Alterations, Tenant shall pay to Landlord, on demand as Additional Rent, an amount equal to 5.00% of all charges incurred by Tenant or its contractors or agents in connection with any Alterations to cover Landlord's overhead and expenses for plan review, coordination, scheduling, and supervision. Tenant will give Landlord Notice at least 5 days (or any longer period that may be required under the Ground Lease) before beginning any Alterations so that Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable law. Tenant, at its sole cost and expense, shall correct any faulty work or inadequate cleanup done by Tenant or its contractors within 5 business days after Notice of the same from Landlord. Tenant shall reimburse Landlord for, and indemnify and hold Landlord harmless from, any reasonable and necessary expenses incurred by Landlord by reason of such faulty work or inadequate cleanup or by reason of delays caused by the same. Tenant shall furnish security or make other arrangements satisfactory to Landlord to assure payment for the completion of all work free and clear of "LIENS" (as defined in Section 15 below), and shall provide certificates of insurance for workers compensation and other coverage in amounts and from an insurance company satisfactory to Landlord protecting Landlord against liability for personal injury or property damage during construction (copies of such certificates will suffice, so long as the original certificates are forwarded to Landlord within 2 business days thereafter). Upon completion of any Alterations, Tenant shall deliver to Landlord: (i) sworn statements setting forth the names of all contractors and subcontractors who did the work and final lien waivers from all such contractors and subcontractors; and (ii) as-built plans for any such Alteration. Other than the items, if any, listed on Exhibit H and any items agreed by Landlord in writing to be included on Exhibit H in the future ("TENANT'S PROPERTY"), all Alterations, all "TENANT IMPROVEMENTS" (as defined in the Work Letter), and all other equipment, fixtures, trade fixtures, machinery, built-in furniture and cabinets, and other additions and improvements attached to or built into the Premises, including, without limitation, fume hoods that penetrate the roof or plenum area, built-in cold rooms, built-in warm rooms, walk-in cold rooms, walk-in warm rooms, deionized water systems, glass washing equipment, autoclaves, chillers, built-in plumbing, electrical and mechanical equipment and systems, and any power generator and transfer switch (collectively, "INSTALLATIONS"), shall be and shall remain the property of Landlord during the Term Landlord, and any Term Extension and following the expiration or earlier termination of this Lease, shall not be removed by Tenant at any time during the Term or any Term Extension, and, subject to the provisions of Section 42 below, shall remain upon and be surrendered with the Premises as a part thereof following the expiration or earlier termination of this Lease; provided, however, that Landlord, at the time its approval of any Installation is requested, may elect to cause Tenant to remove such Installation upon the expiration or earlier termination of this Lease. If Landlord so elects, Tenant shall remove such Installation upon the expiration or earlier termination of this Lease and restore any damage Any damages caused by or occasioned as a result arising from the Tenant’s removal of its property from the Premises shall be restored and repaired at Tenant’s expense. Any property or fixtures which remain upon the Premises after the expiration of the Lease shall be deemed abandoned by Tenant and Landlord may take possession of same and dispose of in any reasonable manner without any further liability of Landlord to Tenant. Any cost associated with the removal of such removalproperty shall be payable by Tenant. During any such restoration periodAll labor and materials furnished by or on behalf of Tenant under or pursuant to this Lease shall be first class, Tenant shall pay Rent to Landlord as provided herein as if Tenant otherwise occupied said space. Landlord not less than the caliber and Tenant hereby acknowledge and agree that the list of Tenant's Property attached hereto as Exhibit H is intentionally over-inclusive and includes items that will be used, located, placed, and/or stored quality which exists in the Office / Labquality which exists in the Premises and by contractors approved in writing by Landlord, which approval shall not be unreasonably withheld, and shall be accomplished at times so as not to materially disturb the activities of other tenants. Tenant shall be solely responsible for keeping records regarding not install any alterations, additions, or improvements in such manner as to comprise the actual location structural integrity of each particular item of Tenant's Propertythe Premises or any part thereof. For purposes of this Lease, if, at any time, any particular item of Tenant's Property is not within the Premises, such item The labor and materials shall be presumed installed in complete conformity to be within the Office / Laball applicable statues, codes, ordinances and regulations.

Appears in 1 contract

Samples: Lease Agreement (Inpellis, Inc.)

Alterations and Trade Fixtures. Any alterations, additions, or improvements made to the Premises ("ALTERATIONS"“Alterations”) by or on behalf of Tenant, including additional locks or bolts of any kind or nature upon any doors or windows in the Premises, but excluding installation, removal, or realignment of furniture systems (other than removal of furniture systems owned or paid for by Landlord) not involving any modifications to the structure or connections (other then by ordinary plugs or jacks) to "BUILDING SYSTEMS" “Building Systems” (as defined in Section 13 below) shall be subject to Landlord's ’s prior written consent, which consent (i) will not be unreasonably withheld or delayed with respect to non-structural Alterations to the interior of the Premises that do not involve any Building Systems or puncturing, relocating, or removing the roof or any existing load- load-bearing walls ("NON“Non-STRUCTURAL ALTERATIONS"Structural Alterations”), and (ii) may be withheld, in Landlord's ’s sole and absolute discretion, with respect to all other Alterations. Notwithstanding the foregoing, Landlord's ’s prior consent will not be required with respect to Non-Structural Alterations if the cost of each such Non- Non-Structural Alteration does not exceed $5,000.00 ("PERMITTED NON“Permitted Non-STRUCTURAL ALTERATIONS"Structural Alterations”), the aggregate cost of all such Permitted Non-Structural Alterations does not exceed $25,000.00 in any consecutive 12 month period, and Tenant provides Landlord with Notice of each such Permitted Non-Structural Alteration, accompanied by any plans, specifications, bid proposals, work contracts, or other information concerning the nature and cost of each such Permitted Non-Structural Alteration that Tenant may have in its possession or control, including the identities and mailing addresses of all persons performing work or supplying materials (collectively, "ALTERATIONS INFORMATION"“Alterations Information”). If Landlord approves any Alterations, Landlord may impose such conditions on Tenant tenant in connection with the commencement, performance, and completion of such Alterations as Landlord may deem appropriate (in Landlord's ’s reasonable discretion, with respect to Non-Structural Alterations, and in Landlord's ’s sole and absolute discretion, with respect to all other Alterations). Any request for approval shall be in writing, delivered not less than 15 business days in advance of any proposed construction, and accompanied by such Alterations Information as may be reasonably requested by Landlord. Landlord's ’s right to review plans and specifications and to monitor construction shall be solely for its own benefit, and Landlord shall have no duty to see that such plans and specifications or construction comply with applicable Legal Requirements. Tenant, at its sole cost and expense, shall cause all Alterations to comply comply; with insurance requirements known to Tenant and Legal Requirements and shall implement any alteration or modification required by Legal Requirements as a result of any Alterations. Except as to Permitted Non-Structural Alterations, Tenant shall pay to Landlord, on demand as Additional Rent, an amount equal to 5.00% of all charges incurred by Tenant or its contractors or agents in connection with any Alterations to cover Landlord's ’s overhead and expenses for plan review, coordination, scheduling, and supervision. Tenant will give Landlord Notice at least 5 days (or any longer period that may be required under the Ground Lease) before beginning any Alterations so that Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable law. Tenant, at its sole cost and expense, shall correct any faulty work or inadequate cleanup done by Tenant or its contractors within 5 business days after Notice of the same from Landlord. Tenant shall reimburse Landlord for, and indemnify and hold Landlord harmless from, any reasonable and necessary expenses incurred by Landlord by reason of such faulty work or inadequate cleanup or by reason of delays caused by the same. Tenant shall furnish security or make other arrangements satisfactory to Landlord to assure payment for the completion of all work free and clear of "LIENS" “Liens” (as defined in Section 15 below), and shall provide certificates of insurance for workers compensation and other coverage in amounts and from an insurance company satisfactory to Landlord protecting Landlord against liability for personal injury or property damage during construction (copies of such certificates will suffice, so long as the original certificates are forwarded to Landlord within 2 business days thereafter). Upon completion of any Alterations, Tenant shall deliver to Landlord: (i) sworn statements setting forth the names of all contractors and subcontractors who did the work and final lien waivers from all such contractors and subcontractors; and (ii) as-built plans for any such Alteration. Other than the items, if any, listed on Exhibit H and any items agreed by Landlord in writing to be included on Exhibit H in the future ("TENANT'S PROPERTY"“Tenant’s Property”), all Alterations, all "TENANT IMPROVEMENTS" “Tenant Improvements” (as defined in the Work Letter), and all other equipment, fixtures, trade fixtures, machinery, built-in furniture and cabinets, and other additions and improvements attached to or built into the Premises, including, without limitation, fume hoods that penetrate the roof or plenum area, built-in cold rooms, built-in warm rooms, walk-in cold rooms, walk-in warm rooms, deionized water systems, glass washing equipment, autoclaves, chillers, built-in plumbing, electrical and mechanical equipment and systems, and any power generator and transfer switch (collectively, "INSTALLATIONS"“Installations”), shall be and shall remain the property of Landlord during the Term and any Term Extension and following the expiration or earlier termination of this Lease, shall not be removed by Tenant at any time during the Term or any Term Extension, and, subject to the provisions of Section 42 below, shall remain upon and be surrendered with the Premises as a part thereof following the expiration or earlier termination of this Lease; provided, however, that Landlord, at the time its approval of any Installation is requested, may elect to cause Tenant to remove such Installation upon the expiration or earlier termination of this Lease. If Landlord so elects, Tenant shall remove such Installation upon the expiration or earlier termination of this Lease and restore any damage caused by or occasioned as a result of such removal. During any such restoration period, Tenant shall pay Rent to Landlord as provided herein as if Tenant otherwise occupied said space. Landlord and Tenant hereby acknowledge and agree that the list of Tenant's ’s Property attached hereto as Exhibit H is intentionally over-inclusive and includes items that will be used, located, placed, and/or stored in the Office / Lab. Tenant shall be solely responsible for keeping records regarding the actual location of each particular item of Tenant's ’s Property. For purposes of this Lease, if, at any time, any particular item of Tenant's ’s Property is not within the Premises, such item shall be presumed to be within the Office / Lab.

Appears in 1 contract

Samples: Lease Agreement (Icoria, Inc.)

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