Common use of Alterations by Lessee Clause in Contracts

Alterations by Lessee. 1. The Lessee shall not make or permit to be made any alteration, improvements or additions (hereinafter collectively referred to as "Alterations") to the Leased Premises or any part thereof without first obtaining the written consent in writing of the Lessor. The Lessor shall not be required to give such consent which shall not be unreasonably withheld and in the event that the Lessor shall give such consent, such consent may be conditioned upon the fulfillment of such requirements as the Lessor shall determine. All Alterations to the Leased Premises shall be made in accordance with all applicable laws and governmental rules and regulations and shall immediately become the property of the Lessor and shall remain for the benefit of the Lessor; provided, however, that if prior to the termination of this Lease, or within thirty (30) days thereafter the Lessor so directs by notice to the Lessee that the same be removed, the lessees shall at its cost and expense promptly remove such of the alteration which were placed on the leased Premises by the lessee and which are designated in said notice and repair any damage occasioned by such removal to the reasonable satisfaction of the lessor and in default thereof the Lessor may effect said removals and repairs at the lessee's cost and expense and the lessee shall pay the cost and expense thereof to the Lessor upon demand as Additional Rent. In the event of the making of such Alteration as herein provided, the lessee shall indemnify and save the Lessor harmless of and from any and all loss and damage. The foregoing notwithstanding, Lessee shall not be required to remove the permanent Leasehold improvements to be constructed by Lessee such as office partitions. Lessee shall also have the right to remove its trade fixtures, shelving, machinery and equipment provided it repairs any damage caused by such removal.

Alterations by Lessee. 1. The Lessee shall not make no alterations, additions, or permit to be made any alteration, improvements or additions (hereinafter collectively referred to as "Alterations") to the Leased Premises or any part thereof without first obtaining the prior written consent in writing of the Lessor and Lessor. The Lessor shall not be required to give such 's lender, if any, which consent which shall not be unreasonably withheld withheld. Lessee will pay all costs thereof and in the event that the Lessor shall give will make such consent, such consent may be conditioned upon the fulfillment of such requirements as the Lessor shall determine. All Alterations to the Leased Premises shall be made changes in accordance with all applicable laws and governmental rules building codes and regulations in a good and shall immediately workmanlike manner. All alterations, additions and improvements made by, for or at the direction of the Lessee shall, upon the expiration of the term of this Lease or Lessee's right to possess the Premises, become the property of the Lessor and shall remain for upon and be surrendered with the benefit Premises as a part thereof at the expiration or earlier termination of this Lease. Upon the Lessor; provided, however, that if prior to the expiration or any earlier termination of this Lease, Lessee shall promptly reimburse Lessor for any expense or within thirty (30) days thereafter cost incurred by Lessor in restoring the Lessor so directs by notice Premises to the condition in which the Premises were at the time Lessee that shall have occupied the same be removedsame, the lessees shall at its cost ordinary wear and expense promptly remove such of the alteration which were placed on the leased Premises tear, fire or other casualty not caused by the lessee Lessee, additions, and which are designated in said notice and repair any damage occasioned by such removal improvements to the reasonable satisfaction of the lessor Premises consented to in writing by Lessor excepted. Lessee shall promptly pay and in default thereof the Lessor may effect said removals and repairs at the lessee's cost and expense and the lessee shall pay the cost and expense thereof to the Lessor upon demand as Additional Rent. In the event of the making of such Alteration as herein provided, the lessee shall indemnify and save the Lessor harmless of and from discharge any and all loss licenses, imposts, liens, or other charges arising out of or in connection with the performance of any act required of or permitted Lessee hereunder and damageshall keep the Premises free and clear from all such liens or charges. The foregoing notwithstandingAny ad valorem real estate taxes assessed with respect to the Building or the Land as a result of alterations, additions, or improvements made to the Premises by, for, or at the direction of Lessee shall not be required to remove the permanent Leasehold improvements to be constructed reimbursed by Lessee such as office partitions. to Lessor immediately upon receipt by Lessee shall also have the right to remove its trade fixtures, shelving, machinery and equipment provided it repairs any damage caused by such removalof written demand therefor from Lessor.

Alterations by Lessee. 1. The Lessee shall not make any alterations, additions or permit to be made any alteration, improvements in or additions (hereinafter collectively referred to as "Alterations") to the Leased Premises without the prior written consent and approval by Lessor of plans therefor and the contractors performing such work, which consent and approval shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, with respect to carpeting, painting and other alterations, additions or improvements in or to the Premises that (a) are non-structural in nature (i.e. do not involve changes to the structural elements of the Building, including without limitation, all partition walls in the Premises), and (b) do not involve changes to the Building’s systems, including without limitation, the electrical, plumbing, and HVAC system), Lessee need not obtain Lessor’s prior written consent but must notify Lessor in writing no less than five (5) business days prior to the commencement of any such alterations. All alterations, additions, and improvements made by Lessor or Lessee in and to the Premises (except furniture, fixtures and equipment not permanently attached to the Building or the Premises or any part thereof thereof) and all carpet and draperies installed upon the Premises by Lessor or Lessee shall remain upon and be surrendered without first obtaining charge to Lessor with the written Premises upon the expiration or termination of this Lease. As a condition to Lessor’s consent to any proposed alterations, Lessor reserves the right in writing its sole discretion to require the delivery of engineer certificates, lien waivers and subordinations, permits and licenses, certificates of insurance or performance bonds, as it deems appropriate. Upon completion of such alterations, Lessee shall deliver contractor’s affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection with the alterations. All of Lessee’s alterations, including alterations not requiring Lessor. The Lessor shall not be required to give such consent which shall not be unreasonably withheld and in the event that the Lessor shall give such ’s consent, such consent may are to be conditioned upon completed in a good and workmanlike manner, with grades of materials commensurate with those used throughout the fulfillment of such requirements as the Lessor shall determine. All Alterations to the Leased Premises shall be made Building and in accordance with all applicable laws and governmental rules and regulations and shall immediately become ordinances. If any lien of any mechanic, laborer or supplier or any other lienholder is filed against the property Building, the Premises or any other part of the Lessor and shall remain for real property upon which the benefit Building is located, arising out of the Lessor; providedLessee’s alterations, however, that if prior to the termination of this Lease, or then within thirty (30) days thereafter the Lessor so directs by notice to the Lessee that the same be removed, the lessees shall at its cost and expense promptly remove such of the alteration which were placed on the leased Premises by the lessee and which are designated in said notice and repair any damage occasioned by such removal to the reasonable satisfaction of the lessor and in default thereof the Lessor may effect said removals and repairs at the lessee's cost and expense and the lessee shall pay the cost and expense thereof to the Lessor upon demand as Additional Rent. In the event of the making of such Alteration as herein provided, the lessee shall indemnify and save the Lessor harmless of and from any and all loss and damage. The foregoing notwithstandingdays, Lessee shall not be required have such lien released of record or deliver to remove the permanent Leasehold improvements Lessor a bond in a form, content, amount, and issued by a surety satisfactory to be constructed by Lessee such as office partitions. Lessee shall also have the right to remove Lessor in its trade fixtures, shelving, machinery and equipment provided it repairs any damage caused by such removalsole discretion.

Alterations by Lessee. 1. The Lessee shall not make or permit to be made any alterationalterations, improvements or additions (hereinafter collectively referred to as "“Alterations"”) for a value totaling more than $10,000, to the Leased Premises or any part thereof without first obtaining the written consent in writing of the Lessor. The Lessor shall not be required to give such consent , which shall not be unreasonably withheld and in the event that the Lessor shall give such consentwithheld, such consent may be conditioned upon the fulfillment of such requirements as the Lessor shall determineconditioned, or delayed. All Alterations to the Leased Premises shall be made in accordance with all applicable laws and governmental rules and regulations and and, if remaining upon termination of this Lease, shall immediately become the property of the Lessor and shall remain for the benefit of the Lessor; provided, however, that if prior to upon the termination of this Lease, or within thirty (30) days thereafter the Lessor so directs by notice to the Lessee that the same be removed, the lessees Lessee shall at its cost costs and expense promptly remove such of the alteration Alterations which were placed on the leased Leased Premises by the lessee Lessee and which are designated in said notice and repair any damage occasioned by such removal to the reasonable satisfaction of the lessor Lessor and in default thereof the Lessor may effect said removals and repairs at the lessee's Lessee’s cost and expense and the lessee Lessee shall pay the cost and expense thereof to the Lessor upon demand as demands Additional Rent. In the event of the making of such Alteration Alterations as herein provided, the lessee Lessee shall indemnify and save the Lessor harmless of and from any and all loss loss, damage, cost, and damage. The foregoing notwithstanding, Lessee shall not be required expense incurred by the Lessor arising out of or resulting from the undertaking or making of said Alterations the removal thereof or the repairs to remove the permanent Leasehold improvements to be constructed by Lessee such as office partitions. Lessee shall also have the right to remove its trade fixtures, shelving, machinery and equipment provided it repairs any damage caused Leased Premises occasioned by such removal.

Alterations by Lessee. 1. The Lessee shall not make or permit to be made any alterationno alterations in, improvements or additions (hereinafter collectively referred to as "Alterations") to the Leased Premises or any part thereof without first obtaining the Lessor's written consent in writing of the Lessor. The Lessor shall not be required to give for such consent alterations or additions, which shall not be unreasonably withheld and in the event that the Lessor shall give such consent, such consent may be conditioned upon the fulfillment of such requirements as the Lessor shall determine. All Alterations to the Leased Premises shall be made in accordance with all applicable laws and governmental rules and regulations and shall immediately become at the property sole cost of the Lessee. All such alterations, additions and improvements, made in or upon the Premises, either by Lessor or Lessee, and attached to the Premises, to include carpet, shall be the Lessor's property, and shall remain for upon the benefit of the Lessor; provided, however, that if prior to Premises at the termination of this LeaseLease by lapse of time or otherwise, or within thirty (30) days thereafter the upon entry by Lessor so directs by notice without termination pursuant to Paragraph 15, without compensation to the Lessee that and without disturbance or injury. Notwithstanding the same be removed, the lessees shall at its cost and expense promptly remove such of the alteration which were placed on the leased Premises by the lessee and which are designated in said notice and repair any damage occasioned by such removal to the reasonable satisfaction of the lessor and in default thereof the Lessor may effect said removals and repairs at the lessee's cost and expense and the lessee shall pay the cost and expense thereof to the Lessor upon demand as Additional Rent. In the event of the making of such Alteration as herein provided, the lessee shall indemnify and save the Lessor harmless of and from any and all loss and damage. The foregoing notwithstandingforegoing, Lessee shall not be required to remove the permanent Leasehold improvements to be constructed by Lessee such as office partitions. Lessee shall also have the right to remove make non-structural, interior alterations and additions without obtaining Lessor's consent but after giving Lessor prior written notice. Lessee agrees to restore the portion of the Premises affected by each non-structural, interior alteration or addition to its trade fixturescondition on the Commencement Date if Lessor gives Lessee written notice of its desire for restoration within twenty (20) days of Lessor's receipt of Lessee's notice of intent to make such non-structural, shelvinginterior alteration or addition. Lessee hereby agrees that prior to the commencement of alterations to the Premises by a contractor employed by Lessee, machinery Lessor shall approve in writing said alterations. Any alterations so made shall be of a quality equal to or exceeding building standard. Lessor hereby reserves the right to require said contractor to provide lien waivers or payment and equipment provided it repairs performance bonds and liability insurance and such other instruments as may be necessary to protect Lessor against loss resulting from work performed or to be performed by said contractor. Lessee shall indemnify and hold Lessor harmless for any damage caused loss which Lessor may incur as a result of any work performed or services rendered to the Premises by such removalpersons or parties employed by Lessee.

Alterations by Lessee. 1. The Except as herein provided and subject to the provisions of Section l(b) of Article XII below, Lessee shall not make or permit to be made any alterationstructural alterations, improvements or additions (hereinafter collectively referred to as "“Alterations"”) to the Leased Premises or any part thereof without first obtaining the written consent in writing of the Lessor. The Lessor , which consent shall not be required unreasonable withheld or delayed, but Lessee shall nevertheless be permitted to give such consent which shall not be unreasonably withheld and in make non-structural Alterations without the necessity of obtaining Lessor’s consent. In the event that the Lessor shall give such consent, consent such consent may be conditioned upon the fulfillment of such reasonable requirements as the Lessor shall reasonably determine. All Alterations to the Leased Premises shall be made in accordance with all applicable laws and governmental rules and regulations and and, upon the expiration or earlier termination of this Lease, shall immediately become the property of the Lessor or, at Lessor’s option, provided Lessor gives Lessee written notice thereof at the time of Lessor’s consent, such Alterations shall be removed at Lessee’s expense and shall remain for the benefit of the Lessor; provided, however, that if prior all damage caused to the termination Building as a result of this Lease, or within thirty (30) days thereafter the Lessor so directs by notice to the Lessee that the same be removed, the lessees shall at its cost and expense promptly remove such of the alteration which were placed on the leased Premises by the lessee and which are designated in said notice and repair any damage occasioned by such removal to the reasonable satisfaction of the lessor and in default thereof the Lessor may effect said removals and repairs shall be repaired at the lessee's cost and expense and the lessee shall pay the cost and expense thereof to the Lessor upon demand as Additional RentLessee’s expense. In the event of the making of such Alteration Alterations as herein provided, the lessee Lessee shall indemnify and save the Lessor harmless of and from any and all loss and damage. The foregoing notwithstandingdamage arising out of the construction thereof, Lessee shall not be required to remove the permanent Leasehold improvements to be constructed by Lessee such as office partitions. Lessee shall also have the right to remove its trade fixtures, shelving, machinery except for any and equipment provided it repairs any all loss or damage caused by such removalarising from Lessor’s negligence or willful acts or omissions.

Alterations by Lessee. 1. The Lessee shall not make any alterations, additions or permit to be made any alteration, other improvements or additions (hereinafter collectively referred to as "Alterations") to the Leased Premises or any part thereof without first obtaining the Lessor's prior written consent, which consent in writing of the Lessor. The Lessor shall not be required to give such consent which shall not be unreasonably withheld withheld. Any and in all alterations, additions, or other improvements made by Lessee, with or without the event that the Lessor shall give such consentconsent of Lessor, such consent may be conditioned upon the fulfillment regardless of such requirements as the Lessor shall determine. All Alterations to the Leased Premises how attached (except movable trade fixtures), shall be made in accordance with all applicable laws and governmental rules and regulations the property of Lessee during the Term of the Lease and shall immediately become the property of Lessor at the Lessor and shall remain for the benefit expiration or earlier termination of the Lease, without compensation therefor to Lessee, unless otherwise agreed in writing by Lessor; provided, however, that if prior except with respect to the initial Tenant Improvements, Lessor shall have the right to require that Lessee, upon the termination or at the expiration of this Lease, remove any or within thirty (30) days thereafter all such alterations, additions and improvements and restore the Lessor so directs Premises to their original condition, normal wear and tear excepted, by written notice to the Lessee that the same be removed, the lessees shall at its cost and expense promptly remove such of the alteration which were placed on the leased Premises by the lessee and which are designated in said notice and repair any damage occasioned by such removal alterations, additions or improvements required to the reasonable satisfaction of the lessor and in default thereof the Lessor may effect said removals and repairs be removed at the lessee's cost and expense and the lessee shall pay the cost and expense thereof to the Lessor upon demand as Additional Renttime of consent. In the event of any such alterations, additions or other improvements, Lessee shall have all work done at its own expense. Request for such consent shall be accompanied by plans stating in detail precisely what is to be done. Lessee shall comply with the building codes, regulations and laws now or hereafter to be made or enforced in the municipality, county and/or state in which the Premises are located and which pertain to such work. Lessee shall save Lessor harmless from and against all expenses, liens, claims or damages to either property or person which may or might arise by reason of the making of any such Alteration as herein providedalterations, additions or other improvements. No approval of plans by Lessor shall be deemed to be a representation or warranty by Lessor that such plans or the lessee work provided for therein will comply with applicable codes, laws or regulations or be in conformance with any insurance or other requirements which affect the Premises or the Building, and Lessee shall indemnify have the sole responsibility of complying with all such requirements notwithstanding Lessor's approval of Lessee's plans. NOTICE IS HEREBY GIVEN THAT LESSOR SHALL NOT BE LIABLE FOR ANY LABOR OR MATERIALS FURNISHED OR TO BE FURNISHED TO LESSEE UPON CREDIT, AND THAT NO MECHANICS' OR OTHER LIEN FOR ANY SUCH LABOR OR MATERIALS SHALL ATTACH TO OR AFFECT THE ESTATE OR INTEREST OF LESSOR IN AND TO THE PREMISES OR THE BUILDING. WHENEVER AND AS OFTEN AS ANY LIEN ARISING OUT OF OR IN CONNECTION WITH ANY WORK PERFORMED, MATERIALS FURNISHED OR OBLIGATIONS INCURRED BY OR ON BEHALF OF LESSEE SHALL HAVE BEEN FILED AGAINST THE PREMISES OR THE BUILDING, OR IF ANY CONDITIONAL BILL OF SALE SHALL HAVE BEEN FILED FOR OR XXXECTING ANY MATERIALS, MACHINERY OR FIXTURES USED IN THE CONSTRUCTION, REPAIR OR OPERATION THEREOF, OR ANNEXED THERETO BY LESSEE, LESSEE SHALL FORTHWITH TAKE SUCH ACTION BY BONDING, DEPOSIT OR PAYMENT AS WILL REMOVE OR SATISFY THE LIEN OR CONDITIONAL BILL OF SALE WITHIN TEN (10) DAYS OF LESXXX'S WRITTEN REQUEST THEREFOR. If any alteration is made without the prior written consent of Lessor, Lessor may correct or remove the same, and save the Lessor harmless of and from Lessee shall be liable for any and all loss expenses incurred by Lessor in the performance of this work. It is further understood and damageagreed by Lessor and Lessee that any alterations shall be conducted on behalf of Lessee and not on behalf of Lessor. The foregoing notwithstandingIt is further understood and agreed that in the event Lessor shall give its written consent to Lessee's making any alterations, Lessee such written consent shall not be required to remove the permanent Leasehold improvements deemed to be constructed an agreement or consent by Lessor to subject Lessor's interest in the Premises or the Building to any mechanic's liens which may be filed in respect of any alterations made by or on behalf of Lessee. If any mechanic's or materialman's lien (or a petition to establish such lien) is filed in connection with any alteration, then such lien (or petition) shall be discharged by Lessee such as office partitionsat Lessee's expense within ten (10) days after Lessee has notice thereof by the payment thereof or the filing of a bond acceptable to Lessor. If Lessee shall also have fail to discharge any such mechanic's or materialman's lien, Lessor may, at its option, discharge such lien and treat the right cost thereof (including attorneys' fees incurred in connection therewith) as additional rent payable with the next monthly installment of Rent falling due; it being expressly agreed that such discharge by Lessor shall not be deemed to remove its trade fixtures, shelving, machinery and equipment provided it repairs any damage caused by waive or release the default of Lessee in not discharging such removallien.

Alterations by Lessee. 1. The Lessee shall not have the right to make any alterations, additions or permit to be made any alterationimprovements (collectively, improvements “Alterations”) in or additions (hereinafter collectively referred to as "Alterations") to about the Leased Premises or any part thereof without first obtaining the Lessor’s written consent, which consent in writing of the Lessor. The Lessor shall not be required to give such consent which shall not be unreasonably withheld withheld. As a condition to granting such consent, Lessor may require Lessee to provide Lessor, at Lessee’s sole cost and expense, with a lien and completion bond in an amount equal to one and one-half times the event estimated cost of such Alterations to insure Lessor against any liability for mechanic’s and materialmen’s liens and to insure completion of the Alterations. Any Alterations that Lessee shall desire to make shall be presented to Lessor in written form, with proposed detailed plans, specifications and working drawings and the names and resumes of the proposed contractor or contractors. If Lessor shall give such its consent, such consent may shall be deemed conditioned upon Lessee acquiring all required permits and approvals from all appropriate governmental authorities, the fulfillment furnishing of copies of such requirements as permits and approvals to Lessor prior to the Lessor shall determinecommencement of the work and the compliance by Lessee with all conditions of said permits and approvals in a timely manner. All Alterations to the Leased Premises alterations, improvements, or additions shall be made in accordance conformance with all applicable laws legal requirements including, but not limited to, all building and governmental rules fire and regulations life safety codes and the Americans With Disabilities Act, and shall be performed by licensed contractors approved by Lessor. Lessee shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for the benefit of Lessee at or for use in the Premises, and shall keep the Premises and the Property free of any and all mechanic’s or materialmen’s liens related to any such claims. Lessee shall give Lessor not less than ten (10) days’ written notice prior to the commencement of any work in or about the Premises, and Lessor shall have the right to post and maintain notices of non-responsibility in or on the Premises or the Property as provided by law. If any mechanic’s or materialmen’s lien is filed against the Premises or the Property during the Term as the result of any claim for labor or materials furnished or alleged to have been furnished to or for Lessee or the Premises, then Lessee shall immediately become remove the same by statutory bond or payment. If Lessee shall fail to remove any such mechanic’s or materialmen’s lien within ten (10) days after the filing of the same, Lessor may, at the cost and expense of Lessee, bond or pay such lien, and the costs incurred by Lessor in bonding or paying any such lien shall be immediately payable by Lessee to Lessor, together with an administrative fee of ten percent (10%) of such costs and interest at the Interest Rate, upon demand as Additional Charges. If Lessee shall, in good faith, contest the validity of any such lien, claim or demand, then Lessee shall, at its sole expense defend itself and Lessor against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against Lessor or the Premises or the Property. Lessee hereby indemnifies and agrees to protect, defend and hold Lessor harmless from and against any and all claims, demands and liens which may be assessed or filed against the Premises or the Property for labor or materials furnished or alleged to have been furnished to or for the benefit of Lessee at or for use in the Premises or on the Property. If Lessee makes any Alterations without the prior written approval of Lessor, Lessor may, at any time during the Term, require that Lessee remove any or all of such Alterations at Lessee’s sole expense. All Alterations made by Lessee (excepting only the furniture, trade fixtures and equipment of Lessee which are not so attached to the Premises that the removal thereof will damage the Premises) which may be made on the Premises, shall be the property of the Lessor and shall remain for upon and be surrendered with the benefit Premises at the expiration or sooner termination of the LessorTerm; provided, however, that if Lessor shall have the right to require Lessee to remove, at Lessee’s sole cost and expense, any or all Alterations by written notice given to Lessee not later than thirty (30) days prior to the termination expiration of this Lease, the Term or within thirty (30) days thereafter after the Lessor so directs by notice to the Lessee that the same be removed, the lessees shall at its cost and expense promptly remove such earlier termination of the alteration which were placed on the leased Premises by the lessee and which are designated in said notice and repair any damage occasioned by such removal to the reasonable satisfaction of the lessor and in default thereof the Lessor may effect said removals and repairs at the lessee's cost and expense and the lessee shall pay the cost and expense thereof to the Lessor upon demand as Additional Rent. In the event of the making of such Alteration as herein provided, the lessee shall indemnify and save the Lessor harmless of and from any and all loss and damage. The foregoing notwithstanding, Lessee shall not be required to remove the permanent Leasehold improvements to be constructed by Lessee such as office partitions. Lessee shall also have the right to remove its trade fixtures, shelving, machinery and equipment provided it repairs any damage caused by such removalTerm.