Alterations by Tenant. Tenant shall not make any alterations, renovations, improvements or other installations (collectively “Alterations”) in, on or to any part of the Premises (including, without limitation, any alterations of the front, signs, structural alterations, or any cutting or drilling into any part of the Premises or any securing of any fixture, apparatus, or equipment of any kind to any part of the Premises) unless and until Tenant shall have caused plans and specifications therefore to have been prepared, at Tenant’s expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently and in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materials. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policies.
Appears in 6 contracts
Samples: To Lease (Radiation Therapy Services Holdings, Inc.), Lease (Radiation Therapy Services Holdings, Inc.), To Lease (Radiation Therapy Services Holdings, Inc.)
Alterations by Tenant. Tenant shall not make any alterations, renovations, improvements or other installations (collectively “Alterations”) in, on or to any part of the Premises (including, without limitation, any alterations of the front, signs, structural alterations, or any cutting or drilling into any part of the Premises or any securing of any fixture, apparatus, or equipment of any kind to any part of the Premises) unless and until Tenant shall have caused plans and specifications therefore therefor to have been prepared, at Tenant’s expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof, which shall not be unreasonably withheld or delayed and shall be deemed granted if not approved or denied in writing within thirty (30) days of Tenant’s written request therefor. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently and in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materials. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policies.
Appears in 5 contracts
Samples: Lease (Radiation Therapy Services Holdings, Inc.), Lease (Radiation Therapy Services Inc), To Lease (Radiation Therapy Services Holdings, Inc.)
Alterations by Tenant. Tenant shall not make any alterations, renovations, improvements or other installations (collectively “Alterations”) in, on or to any part of the Premises (including, without limitation, any alterations of the front, signs, structural alterations, or any cutting or drilling into any part of the Premises or any securing of any fixture, apparatus, or equipment of any kind to any part of the Premises) unless and until Tenant shall have caused plans and specifications therefore therefor to have been prepared, at Tenant’s expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof, which shall not be unreasonably withheld or delayed and shall be deemed granted if not approved or denied in writing within thirty (30) days of Tenant’s written request therefor. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently and in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materials. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policies. Notwithstanding the foregoing, Tenant shall be entitled to make interior, non-structural and/or decorative alterations without obtaining Landlord’s consent.
Appears in 4 contracts
Samples: Lease (Radiation Therapy Services Holdings, Inc.), To Lease (Radiation Therapy Services Holdings, Inc.), Lease (Radiation Therapy Services Holdings, Inc.)
Alterations by Tenant. Tenant shall will not make any alterations, renovations, improvements or other installations (collectively “Alterations”) change in, on or to any part of addition to, the Premises without first obtaining, on each occasion, Landlord’s consent in writing, not to be unreasonably withheld, and then only at Tenant’s expense (includingother than with respect to the Tenant Improvement Allowance, if applicable), and in a lawful manner and upon such terms and conditions as Landlord, by such writing, shall approve, which shall include, without limitation, (a) maintenance of insurance reasonably satisfactory to Landlord and (b) compliance with Sections 7.9 and 7.11. Notwithstanding the foregoing, the prior written consent of Landlord will not be required for non-structural interior alterations that do not affect any alterations of the front, signs, structural alterations, utility or any cutting or drilling into any part of the Premises or any securing of any fixture, apparatus, building service systems or equipment of any kind to any part of in the Building (other than such utilities and systems that are located within and exclusively serve the Premises) unless and until that cost less than $10,000.00 for any single project; provided, however, that Tenant shall have caused notify Landlord of the performance of any such work and provide Landlord copies of any plans and specifications therefore to therefor that have been preparedproduced by or for the benefit of Tenant. Any such alteration or addition shall be consistent in appearance with the rest of the Building and Landlord’s Property and shall be made only after duly obtaining (and providing to Landlord copies of) all required permits and licenses from all governmental authorities. Tenant will deliver to Landlord in writing a schedule setting forth the details and location of all such proposed alterations or additions and detailed plans and specifications. The contractor(s) performing the work shall be subject to Landlord’s reasonable approval. All approved repairs, at Tenant’s expenseinstallations, by an architect alterations, additions or other duly qualified person and shall have obtained Landlord’s approval thereof. improvements made by Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently and made in a good and workmanlike manner by duly qualified and licensed persons or entities manner, between such hours as approved in writing by Landlord, using first grade materialswhich approval shall not be unreasonably withheld, delayed, or conditioned, and in such a way that utilities will not be unnecessarily interrupted and other tenants and occupants of the Building will not suffer unreasonable inconvenience or interference as reasonably determined by Landlord. Tenant’s Invitees shall be given such reasonable access to other portions of the Building and the mechanical systems as may be necessary or appropriate to perform such work. Both during and after the performance of any such work, Landlord shall have free access to any and all mechanical installations in the Premises that constitute part of the Building service systems and equipment (i.e., as opposed to Tenant’s laboratory equipment), including, but not limited to, air conditioning, fans, ventilating systems, machine rooms and electrical closets; and Tenant agrees not to construct or permit the installation of partitions and/or other obstructions in the Premises which might interfere with Landlord’s free access to the Premises or Building, or impede the free flow of air to and from air vents and other portions of the heating, ventilating and air conditioning systems in the Building. All such work shall comply with all applicable codesinstallations, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements in or to the Premises shall be the property of Landlord and shall remain upon, and be surrendered with, the Premises at the end of the Lease Term or sooner termination of this Lease, except to the extent that Landlord, by written notice to Tenant given simultaneously with the approval of the plans and specifications for any such work, requires Tenant to remove any of the same at the expiration or earlier termination of this Lease, all of which items so designated shall be removed by Tenant in the event of fire or extended coverage loss. at its expense and Tenant shall deliver repair any damage to the Landlord certificates Landlord’s Property and Landlord’s Equipment caused by the installation or removal of any such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesitem.
Appears in 3 contracts
Samples: Lease (Morphic Holding, Inc.), Lease (Morphic Holding, Inc.), Lease (Morphic Holding, Inc.)
Alterations by Tenant. Subject to Section 5.8, Tenant shall not make have the right of altering, improving, replacing, modifying or expanding the facilities, equipment or appliances in each Facility from time to time as it may determine is desirable for the continuing and proper use and maintenance of the Premises under this Lease; provided, however, that any alterations, renovationsimprovements, replacements, expansions or modifications to any single Facility in excess of Two Hundred Thousand Dollars ($200,000) in any rolling twelve (12) month period shall require the prior written consent of the Landlord; provided, further, that the aggregate cost of tenant-funded improvements for any single Facility cannot exceed ten percent (10%) of Landlord's Original Investment therefor without securing the prior written consent of Landlord. Any amounts funded by Tenant as necessitated by damage to the Premises by casualty or condemnation shall not count towards the foregoing calculation. The cost of all alterations, improvements, replacements, modifications, expansions or other installations purchases, covered by this Section 5.6, whether undertaken as an on-going licensing, Medicare or Medicaid (collectively “Alterations”or any successor program) in, on requirement (if applicable) or to any other regulatory requirement or otherwise shall be borne solely and exclusively by Tenant (unless funded by Landlord under Section 5.7) and shall immediately become a part of the Premises (including, without limitation, any alterations and the property of the front, signs, structural alterations, or any cutting or drilling into any part Landlord subject to the terms and conditions of the Premises or any securing of any fixture, apparatus, or equipment of any kind to any part of the Premises) unless and until Tenant this Lease. All work done in connection therewith shall have caused plans and specifications therefore to have been prepared, at Tenant’s expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently and done in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materials. All such work in compliance with all existing codes and regulations pertaining to the applicable Facility and shall comply with all applicable codesthe requirements of insurance policies required under this Lease. In the event any items of any Facility have become inadequate, rulesobsolete or worn out or require replacement (by direction of any regulatory body or otherwise), regulations and ordinances. The Tenant shall remove such items and exchange or replace the same at all times maintain fire insurance with extended coverage in an amount adequate to cover Tenant's sole cost and the cost same shall become part of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant in and property of the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesLandlord.
Appears in 3 contracts
Samples: Master Lease and Security Agreement (American Retirement Corp), Master Lease and Security Agreement (American Retirement Corp), Master Lease and Security Agreement (American Retirement Corp)
Alterations by Tenant. Tenant shall not make or cause to be made any alterations, renovationsrepairs, additions or improvements or other installations (collectively “Alterations”) in, on in or to any part the Leased Premises (for example, but without limiting the generality of the Premises (includingforegoing, without limitation, any alterations of the front, signs, structural alterations, or any cutting or drilling into any part of the Premises or any securing of any fixture, apparatus, or equipment of any kind to any part of the Premises) unless and until Tenant shall have caused plans and specifications therefore not install or cause to have been preparedbe installed any exterior signs or interior signs visible from the exterior except as permitted by Section 4.3 hereof, at Tenant’s expensefloor covering, interior or exterior lighting, plumbing fixtures, shades, canopies or awnings or make any changes to the storefront, mechanical, electrical or sprinkler systems) without the prior written consent thereto by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof. Tenant shall submit to Landlord detailed drawings plans and plans of the proposed Alterations specifications for such work at the time Landlord’s approval consent is sought. If , in accordance with the criteria and procedures as provided in Exhibit D. In the event Landlord grants such approval is grantedconsent, Tenant such alterations, repairs, additions or improvements shall cause the work described be performed in such plans and specifications to be performed, at its expense, promptly, efficiently, competently and in a good and workmanlike manner by duly qualified and licensed persons in accordance with all applicable legal and insurance requirements and all drawings or entities specifications approved by Landlord, using first grade materialsand in accordance with the provisions of this Lease, including the provisions of Section 3.3 governing construction of the Leased Premises. All Any work performed by Tenant shall be subject to Landlord's inspection and approval after completion to determine whether the same complies with the requirements of this Lease. Prior to the commencement of any such work shall comply with all applicable codesby Tenant, rules, regulations and ordinances. The Tenant shall obtain the insurance required in Section 8.2. Tenant agrees that Landlord shall have the right, at all times maintain fire insurance no expense to Landlord, to require Tenant to furnish Landlord with extended coverage in an amount adequate to cover payment and performance bonds guaranteeing the cost completion of replacement of all any repairs, alterations, decorations, additions or improvements (structural or otherwise) required or permitted to be performed by Tenant under any provision of this Lease. Tenant may from time to time make non-structural alterations to the Leased Premises by Tenant without Landlord's prior written approval, the aggregate total cost of which shall not exceed Ten Thousand and 00/100ths Dollars ($10,000.00) in the event of fire or extended coverage loss. any Lease Year; provided, however, that Tenant shall deliver not be permitted to alter the Landlord certificates sign or the storefront without the prior written consent of Landlord, and provided further that any such fire insurance policies, which non-structural alterations shall contain a clause requiring not change the insurer to give overall appearance of the Landlord ten (10) days notice of cancellation of such policiesLeased Premises as originally approved by Landlord.
Appears in 3 contracts
Samples: Lease (Play Co Toys & Entertainment Corp), Lease (Play Co Toys & Entertainment Corp), Lease (Play Co Toys & Entertainment Corp)
Alterations by Tenant. After completion of the Tenant Improvement Work, Tenant shall not make or permit any alterations to the Building Systems, and shall not make or permit any alterations, renovationsinstallations, improvements additions or other installations improvements, structural or otherwise (collectively collectively, “Alterations”) in, on in or to the Premises or the Building without Landlord’s prior written consent, which Landlord shall not unreasonably withhold, condition or delay. Tenant’s request for consent shall include copies of plans and specifications for the proposed Alterations or Tenant Improvement Work. Landlord shall have the right to engage a structural engineer, electrical engineer or any part other consultant reasonably required for review of the Premises plans and specifications. Landlord shall respond to any request by Tenant to make any Alteration within ten (10) business days after receipt of such request for consent from Tenant. Notwithstanding the foregoing, Landlord’s consent shall not be required (a) in the case of interior, cosmetic non-structural Alterations that do not require a permit, or affect the Building Systems, or affect the entryways or elevators or any other premises in the Building, or (b) in the case of other Alterations that do not exceed a total price of Fifteen Thousand Dollars ($15,000) per project and do not affect the Building Systems or the structural integrity of the Building. All Alterations shall be done at Tenant’s sole cost and expense, including without limitation the cost and expense of obtaining all permits and approvals required for any Alterations. Tenant shall reimburse Landlord within ten (10) days after written demand as Additional Rent for any out-of-pocket expenses incurred by Landlord in connection with the Tenant Improvement Work and Alterations elected to be made and/or any repairs or replacements required to be made by Tenant, including, without limitation, any alterations of the front, signs, structural alterations, or any cutting or drilling into any part of the Premises or any securing of any fixture, apparatus, or equipment of any kind reasonable fees charged by Landlord’s contractors and/or consultants to any part of the Premises) unless and until Tenant shall have caused review plans and specifications therefore to have been prepared, at prepared by Tenant’s expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently and in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materials. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policies.
Appears in 2 contracts
Samples: Lease (Silver Spring Networks Inc), Lease (Silver Spring Networks Inc)
Alterations by Tenant. Tenant shall not make any alterations, renovations, additions or improvements or other installations (collectively “Alterations”) into the Premises without Landlord’s prior written consent, on except for nonstructural Alterations that cost $5,000 or less and are not visible from the exterior of the Premises. All Alterations installed by Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord’s consent to all proposed Alterations requiring Landlord’s consent prior to the commencement of any such Alterations. Tenant’s request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises (including, without limitation, any alterations upon expiration or earlier termination of the frontLease Term, signs, structural alterations, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any cutting then-existing tenant improvements or drilling into any part other portions of the Premises or the Building (including without limitation any securing of any fixturepreviously installed Alterations), apparatus, or equipment of any kind to any part of the Premises) unless and until Tenant shall have caused plans promptly commence and specifications therefore diligently pursue to have been preparedcompletion the Alterations then underway or shall otherwise restore the Premises and the Building to its condition and state of improvement prior to such demolition or removal. During the Lease Term, Tenant agrees to provide, at Tenant’s expense, a policy of insurance covering loss or damage to Alterations made by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is grantedTenant, Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently and in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materials. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover repair or replace the cost same, naming Landlord as an additional insured. Provided, however, Tenant may install movable furniture, trade fixtures, machinery or equipment in conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant this Lease as provided in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesArticle 20.
Appears in 2 contracts
Samples: Standard Lease (Sophiris Bio Inc.), Standard Lease (Sophiris Bio Inc.)
Alterations by Tenant. Tenant shall will not make any alterations, renovations, improvements or other installations (collectively “Alterations”) change in, on or to any part of addition to, the Premises without first obtaining, on each occasion, Landlord’s consent in writing as provided below (includingwhich consent shall not be unreasonably withheld), without limitation, any alterations of the front, signs, structural alterations, or any cutting or drilling into any part of the Premises or any securing of any fixture, apparatus, or equipment of any kind to any part of the Premises) unless and until Tenant shall have caused plans and specifications therefore to have been prepared, then only at Tenant’s expense, and in a lawful manner and upon such terms and conditions as Landlord, by an architect such writing, shall reasonably approve, which shall include, without limitation, (a) maintenance of insurance in form and substance reasonably satisfactory to Landlord, and (b) compliance with Sections 7.9, 7.11 and 7.13; provided that Landlord’s consent shall not be required for non-structural alterations costing less than $25,000 per alteration and costing less than $50,000 in the aggregate in any calendar year. Any alteration or other duly qualified person addition shall be consistent in appearance with the rest of the Building and the Project and shall have obtained be made only after duly obtaining (and providing to Landlord copies of) all required permits and licenses from all governmental authorities. Tenant will deliver to Landlord in writing a schedule setting forth the details and location of all such proposed alterations or additions and detailed plans and specifications. The contractor(s) performing the work shall be subject to Landlord’s approval thereofapproval, which will not be unreasonably withheld. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time If required by Landlord’s approval is sought. If such approval is grantedlender, Tenant shall cause the work described in provide a statutory xxxx xxxx with respect to such plans and specifications to work. All approved repairs, installations, alterations, additions or other improvements made by Tenant shall be performed, at its expense, promptly, efficiently, competently and made in a good and workmanlike manner by duly qualified and licensed persons or entities manner, between such hours as approved in writing by Landlord, using first grade materialsand in such a way that utilities will not be interrupted and other tenants and occupants of the Project will not suffer unreasonable inconvenience or interference as determined by Landlord. All Tenant’s Invitees shall be given such work reasonable access to other portions of the Building and the mechanical systems as may be necessary or appropriate to perform such work. Both during and after the performance of any such work, Landlord shall comply have free access to any and all mechanical installations in the Premises, including, but not limited to, air conditioning, fans, ventilating systems, machine rooms and electrical closets; and Tenant agrees not to construct or permit the installation of partitions and/or other obstructions in the Premises which might interfere with Landlord’s free access to the Premises or Building, or impede the free flow of air to and from air vents and other portions of the heating, ventilating and air conditioning systems in the Building. Unless Landlord elects otherwise, but subject to Section 7.6, all applicable codesinstallations, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements in or to the Premises by Tenant in shall be the event property of fire Landlord and shall remain upon, and be surrendered with, the Premises at the end of the Lease Term or extended coverage loss. Tenant shall deliver to the Landlord certificates sooner termination of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesthis Lease.
Appears in 2 contracts
Samples: Agreement Regarding Sublease (Genocea Biosciences, Inc.), Agreement Regarding Sublease (Genocea Biosciences, Inc.)
Alterations by Tenant. Tenant shall will not make any alterations, renovations, improvements or other installations (collectively “Alterations”) change in, or addition to, the Landlord’s Property without first obtaining, on each occasion, Landlord’s consent in writing, which consent shall not be unreasonably withheld, conditioned or delayed (if Landlord does not respond to any part such request for consent within five (5) business days of receiving the Premises (including, without limitation, any alterations of the front, signs, structural alterations, or any cutting or drilling into any part of the Premises or any securing of any fixture, apparatus, or equipment of any kind to any part of the Premises) unless and until Tenant same then Landlord shall have caused plans and specifications therefore been deemed to have been preparednot consented to such matter), and then only at Tenant’s expense, by an architect and in a lawful manner subject to (a) maintenance of insurance in form and substance satisfactory to Landlord and (b) compliance with Sections 7.9 and 7.11; provided that Tenant may, upon prior written notice to, but without the requirement of consent of, Landlord, make alterations which are purely cosmetic in nature, such as paint, wallcovering, carpeting and the like, regardless of cost (“Permitted Alterations”). Any such alteration or addition shall be consistent with the Permitted Use and shall be made only after duly obtaining (and providing to Landlord copies of) all required permits and licenses from all governmental authorities. Tenant will deliver to Landlord in writing a schedule setting forth the details and location of all such proposed alterations or additions and detailed plans and specifications. The contractor(s) performing the work other than Permitted Alterations shall be subject to Landlord’s approval, which shall not be unreasonably withheld, conditioned or delayed and if Landlord does not respond to such request for consent within five (5) days of receiving the same then Landlord shall have been deemed to have consented to such matter. All approved repairs, installations, alterations, additions or other duly qualified person and shall have obtained Landlord’s approval thereof. improvements made by Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently and made in a good and workmanlike manner by duly qualified and licensed persons or entities in accordance with Legal Requirements and any plans and specifications approved by the Landlord, using first grade materialsif applicable. All such work shall comply Tenant agrees not to construct or permit the installation of partitions and/or other obstructions in the Premises which might interfere with Landlord’s free access to the Premises or Building, or impede the free flow of air to and from air vents and other portions of the HVAC systems in the Building. Except as herein otherwise provided, all applicable codesinstallations, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements in or to the Premises by Tenant in shall become the event property of fire Landlord and shall remain upon, and be surrendered with, the Premises at the end of the Lease Term or extended coverage loss. Tenant shall deliver to the Landlord certificates sooner termination of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesthis Lease.
Appears in 2 contracts
Samples: Lease (Summer Infant, Inc.), Purchase and Sale Agreement (Summer Infant, Inc.)
Alterations by Tenant. Tenant shall will not make any alterations, renovations, improvements or other installations (collectively “Alterations”) change in, on or to any part of addition to, the Premises without first obtaining, on each occasion, Landlord’s consent in writing as provided below (includingwhich consent shall not be unreasonably withheld, conditioned or delayed), and then only at Tenant’s expense (subject to Landlord’s obligation to pay the Allowance), and in a lawful manner and upon such terms and conditions as Landlord, by such writing, shall reasonably approve, which shall include, without limitation, (a) maintenance of insurance in form and substance reasonably satisfactory to Landlord, and (b) compliance with Sections 7.9, 7.11 and 7.13; provided that Landlord’s consent shall not be required for non-structural alterations costing less than $25,000 per alteration and costing less than $50,000 in the aggregate in any alterations calendar year. Any alteration or addition shall be consistent in appearance with the rest of the front, signs, structural alterations, Building and the Project and shall be made only after duly obtaining (and providing to Landlord copies of) all required permits and licenses from all governmental authorities. Tenant will deliver to Landlord in writing a schedule setting forth the details and location of all such proposed alterations or any cutting or drilling into any part of the Premises or any securing of any fixture, apparatus, or equipment of any kind to any part of the Premises) unless additions and until Tenant shall have caused detailed plans and specifications therefore specifications. The contractor(s) performing the work shall be subject to have been prepared, at Tenant’s expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereofapproval, which will not be unreasonably withheld. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time If required by Landlord’s approval is sought. If such approval is grantedlender, Tenant shall cause the work described in provide a statutory xxxx xxxx with respect to such plans and specifications to work. All approved repairs, installations, alterations, additions or other improvements made by Tenant shall be performed, at its expense, promptly, efficiently, competently and made in a good and workmanlike manner by duly qualified and licensed persons or entities manner, between such hours as approved in writing by Landlord, using first grade materialsand in such a way that utilities will not be interrupted and other tenants and occupants of the Project will not suffer unreasonable inconvenience or interference as determined by Landlord. All Tenant’s Invitees shall be given such work reasonable access to other portions of the Building and the mechanical systems as may be necessary or appropriate to perform such work. Both during and after the performance of any such work, Landlord shall comply have free access to any and all mechanical installations in the Premises, including, but not limited to, air conditioning, fans, ventilating systems, machine rooms and electrical closets, and Tenant agrees not to construct or permit the installation of partitions and/or other obstructions in the Premises which might interfere with Landlord’s free access to the Premises or Building, or impede the free flow of air to and from air vents and other portions of the heating, ventilating and air conditioning systems in the Building. Unless Landlord elects otherwise at the time in which it grants its consent thereto, but subject to Section 7.6, all applicable codesinstallations, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements in or to the Premises by Tenant in shall be the event property of fire Landlord and shall remain upon, and be surrendered with, the Premises at the end of the Lease Term or extended coverage loss. Tenant shall deliver to the Landlord certificates sooner termination of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesthis Lease.
Appears in 2 contracts
Samples: Lease (Genocea Biosciences, Inc.), Lease (Genocea Biosciences, Inc.)
Alterations by Tenant. Tenant shall not make any alterations, renovations, improvements or other installations (collectively “Alterations”) in, on or to any part of the Premises (including, without limitation, any alterations of the front, signs, structural alterations, or any cutting or drilling into any part of the Premises or any securing of any fixture, apparatus, or equipment of any kind to any part of the Premises) unless and until Tenant shall have caused plans and specifications therefore therefor to have been prepared, at Tenant’s expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof, which shall not be unreasonably withheld or delayed and shall be deemed granted if not approved or denied in writing within thirty (30) days of Tenant’s written request therefor. Tenant shall submit to Landlord detailed drawings plans and plans specifications of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently and in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materials. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policies. Notwithstanding the foregoing, Tenant shall be entitled to make interior, non-structural and/or decorative alterations without obtaining Landlord’s consent or providing plans and specifications.
Appears in 2 contracts
Samples: Lease (Radiation Therapy Services Holdings, Inc.), Lease (Radiation Therapy Services Holdings, Inc.)
Alterations by Tenant. (a) Tenant shall not make any alterations, renovations, improvements changes or other installations (collectively “Alterations”) in, on alterations in or to any part of the Premises (including, without limitation, any alterations installation of Cable) or that adversely affect the safety, structure, value or architectural integrity of the frontBuilding. Any such change or alteration is hereinafter referred to as an “Alteration” or “Alterations.” Any Alteration shall be made on the following conditions: (i) before proceeding with any Alteration, signs, structural alterations, or any cutting or drilling into any part of the Premises or any securing of any fixture, apparatus, or equipment of any kind to any part of the Premises) unless and until Tenant shall have caused plans and specifications therefore to have been prepared, at Tenant’s expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time for Landlord’s approval is sought. If plans and specifications for the work to be done, and Tenant shall not proceed with such work until it obtains Landlord’s approval is grantedwhich consent shall not be unreasonably withheld; (ii) Tenant shall pay to Landlord upon demand the reasonable out-of-pocket cost and expense of Landlord in (A) reviewing said plans and specifications and (B) inspecting the Alterations to determine whether the same are being performed in accordance with the approved plans and specifications and all laws and requirements of public authorities, including, without limitation, the reasonable fees of any architect or engineer employed by Landlord for such purpose; (iii) the entire cost of the Alterations shall be borne by Tenant; and (iv) upon completion, Tenant shall cause the work described in such furnish “as-built” plans except for Cosmetic Alterations (as defined below), completion affidavits, full and specifications to be performed, at its expense, promptly, efficiently, competently final waivers of lien rights and in a good receipted bills covering all labor and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materials. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policies.
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Alterations by Tenant. Tenant shall not make any alterations, renovationsadditions or improvements ('AIterations') to the Premises without Landlord's prior written consent, except for nonstructural Alterations that cost $5,000 or less and are not visible from the exterior of the Premises. All Alterations installed by Tenant shall be new or completely reconditioned. Landlord shall have the right to approve the contractor, the method of payment of the contractor, and the plans and specifications for all proposed Alterations. Tenant shall obtain Landlord's consent to all proposed Alterations requiring Landlord's consent prior to the commencement of any such Alterations. Tenant's request for consent shall be accompanied by information identifying the contractor and method of payment and two (2) copies of the proposed plans and specifications. All Alterations of whatever kind and nature shall become at once a part of the realty and shall be surrendered with the Premises upon expiration or earlier termination of the Lease Term, unless Landlord requires Tenant to remove the same as provided in Article 20. If Tenant demolishes or removes any then-existing tenant improvements or other installations (collectively “Alterations”) in, on or to any part of the Premises (including, without limitation, any alterations of the front, signs, structural alterations, or any cutting or drilling into any part portions of the Premises or the Building (including without limitation any securing of any fixture, apparatus, or equipment of any kind to any part of the Premises) unless and until Tenant shall have caused plans and specifications therefore to have been prepared, at Tenant’s expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is grantedpreviously installed Alterations), Tenant shall cause promptly commence and diligently pursue to completion the work described in Alterations then underway or shall otherwise restore the Premises and the Building to its condition and state of improvement prior to such plans and specifications demolition or removal. During the Lease Term, Tenant agrees to be performedprovide, at its xx Xxxant's expense, promptlya policy xx xxsurance covering loss or damage to Alterations made by Tenant, efficiently, competently and in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materials. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover repair or replace the cost same, naming Landlord as an additional insured. Provided, however, Tenant may install movable furniture trade fixtures, machinery or equipment in conformance with applicable governmental rules or ordinances and remove the same upon expiration or earlier termination of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant this Lease as provided in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesArticle 20.
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Samples: Sgi International
Alterations by Tenant. Tenant shall not make any alterations, renovations, improvements or other installations (collectively “Alterations”) in, on or to any part of the Premises (including, without limitation, any alterations of the front, signs, structural alterations, or any cutting or drilling into any part of the Premises or any securing of any fixture, apparatus, or equipment of any kind to any part of the Premises) unless and until Tenant shall have caused plans and specifications therefore therefor to have been prepared, at Tenant’s expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently and in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materials, without interference with or disruption to the operations of tenants or other occupants of the Center. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, policies which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policies.
Appears in 1 contract
Alterations by Tenant. Tenant shall not make any alterations, renovations, improvements or other installations (collectively “Alterations”) in, on or to any part of the Premises (including, without limitation, any alterations of the front, signs, structural alterations, or any cutting or drilling into any part of the Premises or any securing of any fixture, apparatus, or equipment of any kind to any part of the Premises) unless and until Tenant shall have caused plans and specifications therefore to have been prepared, at Tenant’s expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently and in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materials, without interference with or disruption to the operations of tenants or other occupants of the Center. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policies.
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Alterations by Tenant. Tenant shall not make make, install or erect in or to the Premises any installations, alterations, renovationsadditions or partitions without submitting the drawings and specifications to Landlord and obtaining Landlord’s prior written consent in each instance, improvements which consent may be given or other installations (collectively “Alterations”) inwithheld in Landlord’s reasonable discretion. Furthermore, on or Tenant shall obtain Landlord’s prior written consent to any part change or changes in such drawings or specifications submitted as aforesaid, subject to the payment of the Premises (includingcost to Landlord or having its architects review such plans and changes thereto prior to proceeding with any work based on such drawings or specifications. All such work shall be performed free and clear of all mechanic’s liens and Landlord shall have no liability for the performance of such work, without limitation, any alterations of the front, signs, structural alterations, or any cutting or drilling into any part of the Premises or any securing of any fixture, apparatus, or equipment of any kind notwithstanding its consent to any part of the Premises) unless and until Tenant shall have caused plans and specifications therefore to have been preparedspecifications. Provided nevertheless that Landlord may, at its option, at Tenant’s expense, by an architect require that Landlord’s contractors be engaged for any mechanical, electrical work or other duly qualified person leasehold improvement. Without limiting the generality of the foregoing, any work performed by or for Tenant shall be performed by competent workmen whose labor union affiliations are not incompatible with those of any workmen who may be employed in the Building by Landlord, its contractors or subcontractors. In addition to the above all contractors and subcontractors must meet Landlord’s specifications, as solely determined by Landlord, for minimum requirements for insurance, bonds, quality of work, experience and such other reasonably applicable factors. Tenant, shall provide Landlord upon request with financial assurances prior to the commencement of alterations, and promptly pay to Landlord’s or Tenant’s subcontractors, as the case may be, when due, the costs of all such work and of all materials, labor and services involved therein and of all decoration and all changes in the Building, its equipment or services necessitated thereby. Tenant covenants that Tenant will not suffer or permit during the Lease Term hereof any mechanics’ or other liens for work, labor, services or materials ordered by Tenant or for the cost of which Tenant may be in any obligated, to attach to the Premises or to the Building and that whenever and so often as any such liens shall attach or claims therefor shall be filed, Tenant shall, within twenty (20) days after Tenant has notice of the claim for lien, procure the discharge thereof by payment or by giving security or in such other manner as is or may be required or permitted by law or which shall otherwise satisfy Landlord. Tenant shall, at its own cost and expense, take out or cause to be taken out any additional insurance or bonds reasonably required by Landlord to protect Landlord’s and Xxxxxx’s interest during the period of alteration. At least five (5) days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of the Colorado Revised Statutes (1973). During any such work on the Premises, Landlord, or its representatives, shall have the right to go upon and inspect the Premises at all reasonable times, and shall have obtained the right to post and keep posted thereon notices such as those provided for by Section 38-22-105(2) C.R.S. (1973) or to take any further action which Landlord may deem to be proper for the protection of Landlord’s approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently and in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materials. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant interest in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesPremises.
Appears in 1 contract
Samples: Office Lease (Behringer Harvard Opportunity REIT II, Inc.)
Alterations by Tenant. Tenant shall not make have the right of altering, improving, replacing, modifying or expanding the facilities, equipment or appliances in the Premises from time to time as it may determine is desirable for the continuing and proper use and maintenance of the Premises under this Lease; provided, however, that any structural alterations, renovationsimprovements, improvements replacements, expansions or modifications in excess of One Hundred Thousand Dollars ($100,000) which are not required to comply with applicable law or the provisions of Section 5.1.3 of this Lease shall require the prior written consent of the Landlord, which consent shall not be unreasonably withheld. The cost of all such alterations, improvements, replacements, modifications, expansions or other installations purchases, whether undertaken as an on-going licensing, Medicare or Medicaid (collectively “Alterations”or any successor program) in, on or to any other regulatory requirement or otherwise shall be borne solely and exclusively by Tenant and shall immediately become a part of the Premises (including, without limitation, any alterations and the property of the front, signs, structural alterations, or any cutting or drilling into any part Landlord subject to the terms and conditions of the Premises or any securing of any fixture, apparatus, or equipment of any kind to any part of the Premises) unless and until Tenant this Lease. All work done in connection therewith shall have caused plans and specifications therefore to have been prepared, at Tenant’s expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently and done in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materials. All such work in compliance with ail existing codes and regulations pertaining to the Premises and shall comply with all applicable codesthe requirements of insurance policies required under this Lease. In the event any items of the Premises have become inadequate, rulesobsolete or worn out or require replacement (by direction of any regulatory body, regulations and ordinances. The third party payor or otherwise), Tenant shall remove such items and exchange or replace the same at all times maintain fire insurance with extended coverage in an amount adequate to cover Tenant's sole cost and the cost same shall become part of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant in and property of the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesLandlord.
Appears in 1 contract
Samples: Lease and Security Agreement (Iatros Health Network Inc)
Alterations by Tenant. Tenant shall not make have the right of altering, improving, replacing, modifying or expanding the facilities, equipment or appliances in the Premises from time to time as it may determine is desirable for the continuing and proper use and maintenance of the Premises under this Lease; provided, however, that any alterations, renovationsimprovements, improvements replacements, expansions or modifications to the Premises in excess of Five Hundred Thousand Dollars ($500,000) in any rolling twelve (12) month period shall require the prior written consent of the Landlord, which shall not be unreasonably withheld, conditioned, or delayed; provided, however, no such alterations, improvements, replacements, modifications or expansions shall result in a material diminution of value of the Premises or shall materially adversely affect the use and operation of the Premises upon completion. Any amounts funded by Tenant as necessitated by damage to the Premises by casualty or condemnation or in the nature of routine or ordinary course capital expenditures shall not be included in the foregoing calculation. The cost of all alterations, improvements, replacements, modifications, expansions or other installations (collectively “Alterations”) inpurchases, on or to any covered by this Section 5.5 shall be borne solely and exclusively by Tenant and shall immediately become a part of the Premises (including, without limitation, any alterations and the property of the front, signs, structural alterations, or any cutting or drilling into any part Landlord subject to the terms and conditions of the Premises or any securing of any fixture, apparatus, or equipment of any kind to any part of the Premises) unless and until Tenant this Lease. All work done in connection therewith shall have caused plans and specifications therefore to have been prepared, at Tenant’s expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently and done in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materials. All such work in compliance with all existing codes and regulations pertaining to the Premises and shall comply with all applicable codesthe requirements of insurance policies required under this Lease. In the event any items of the Premises have become inadequate, rulesobsolete or worn out or require replacement (by direction of any regulatory body or otherwise), regulations and ordinances. The Tenant shall remove such items and exchange or replace the same at all times maintain fire insurance with extended coverage in an amount adequate to cover Tenant's sole cost and the cost same shall become part of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant in and property of the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesLandlord.
Appears in 1 contract
Alterations by Tenant. Tenant shall not make any alterations, renovations, improvements or other installations (collectively “Alterations”) in, on or to any part of Except as expressly provided in the Premises (including, without limitation, any alterations of the front, signs, structural alterations, or any cutting or drilling into any part of the Premises or any securing of any fixture, apparatus, or equipment of any kind to any part of the Premises) unless and until Tenant shall have caused plans and specifications therefore to have been prepared, at Tenant’s expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is grantedWork --------------------- Letter, Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently and in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materials. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all make no alterations, decorations, additions or improvements to the Premises or the Building Complex (the "Alterations"), including the installation of equipment or machinery which requires modifications to existing electrical outlets or increases Tenant's usage of electricity beyond Tenant's Standard Electrical Usage without obtaining the prior written consent of Landlord. Tenant shall submit any such request to Landlord at least 30 days prior to the commencement of the Alterations. Landlord may impose, as a condition to its consent, and at Tenant's sole cost, such requirements as Landlord may deem necessary in its judgment, including the manner in which the Alterations are done, the material to be used, the architect and contractor by whom the work is to be performed and the times during which the work is to be accomplished, approval of all plans and specifications, and the procurement of all licenses and permits. Landlord shall be entitled to or to require Tenant to post notices on and about the Premises with respect to Landlord's non-liability for the Alterations and Tenant shall not permit those notices to be defaced or removed. Tenant further agrees not to connect any apparatus, machinery or device to the Building systems, including electric wires, water pipes, fire, safety, heating and mechanical systems, without the prior written consent of Landlord. Alterations which Tenant is permitted to make shall be performed in a good and workmanlike manner and in compliance with this Lease. If Landlord permits any Alterations, then prior to the event commencement of fire or extended coverage loss. those Alterations, Tenant shall deliver to the Landlord certificates (and copies of the policies if requested by Landlord) issued by insurance companies qualified to do business in the state where the Premises are located evidencing that workmen's compensation, public liability insurance and property damage insurance, builder's risk coverage (if applicable) all in amounts, with companies and on forms satisfactory to Landlord, are in force and maintained by all such fire contractors and subcontractors engaged by Tenant to perform the work. All such policies shall name Landlord as an additional insured and shall provide that they may not be canceled or modified without 30 days' prior notice to Landlord. Tenant, at its sole cost and expense, shall cause any permitted Alterations to be performed in compliance with all applicable requirements of insurance policies. Laws, which and governmental bodies having jurisdiction, in such manner as not to interfere with other tenants or interfere with, delay, or impose any additional expense Upon Landlord in the construction, maintenance or operation of the Building Complex, and so as to maintain harmonious labor relations in the Building and to not disturb other tenants' use of their premises or interfere with Landlord's operation of the Building Complex. In addition, Tenant, at its sole cost and expense, shall contain be responsible for the acquisition of auxiliary aids, required under the ADA, including all Alterations required: (i) as a clause requiring result of Tenant, or any subtenant, assignee or concessionaire, being a Public Accommodation (as defined in the insurer ADA); (ii) as a result of the Premises being a Commercial Facility (as defined in the ADA); (iii) as a result of any leasehold improvements made to give the Landlord ten Premises by or on behalf of Tenant, or any subtenant, assignee or concessionaire (10whether or not Landlord's consent to such leasehold improvements was obtained); or (iv) days notice as a result of cancellation the employment by Tenant, or any subtenant, assignee or concessionaire, of such policiesany individual with a disability.
Appears in 1 contract
Alterations by Tenant. Tenant may, with the specific written approval of Landlord which shall not be unreasonably withheld, make such alterations, additions, installations or repairs, at its own expense, to the interior of the Premises as Tenant may require to conduct its business; provided, however, that such alterations, additions, installations or repairs may not materially alter the basic character or structure of the building or improvements or weaken the structure of the Premises in any way. Any such alterations, additions, installations or repairs must be performed in a good, workmanlike manner, and Tenant agrees that Landlord may, upon notice to Tenant, come upon the Premises to inspect such alterations, additions, installations or repairs to determine that they are being made subject to the terms of said written approval. Said written approval may include the requirement that such alterations, additions, installations or repairs be incorporated into the Premises and left therein at the termination of this Lease. Tenant shall require any contractor performing any such alterations, additions, installations or repairs to provide (i) public liability and property damage insurance meeting the requirements of Section 4.5 hereof and naming Landlord as an additional insured; and (ii) an indemnification and hold harmless agreement in favor of Landlord covering any loss, damage, claim, liability, cost or expense for injuries, death, or property damage in connection with contractor’s performance of the work. In addition, the Tenant Improvements, as more fully described on Exhibit “B” hereto, shall be subject to the following: Landlord agrees to provide Tenant with a One Million Two Hundred Fifty Thousand Dollar ($1,250,000) allowance for the exclusive purpose of improving the building for Tenants use. Landlord shall have the absolute right to approve or disapprove (a) all written plans and specifications, (b) any modifications to the plans and specifications or any change orders; (c) the contractor to perform the Tenant Improvements. Tenant shall provide Landlord with notice of the time and date of, and shall allow Landlord or Landlord’s representative, to attend and participate in, any and all construction and/or progress meetings. All invoices for work performed in connection with the Tenant Improvements shall be submitted to Landlord for approval. Landlord agrees to pay the initial One Million Two Hundred Fifty Thousand Dollar ($1,250,000) of the Tenant Improvements and the additional costs to be sole obligation of the Tenant. In the event any lien is filed against the Premises, or any notice of intent to file a lien is provided to Tenant, and Tenant shall not make any alterationstake the actions required in Section 6.5 hereof, renovations, improvements or other installations then Landlord shall have the absolute right to either (collectively “Alterations”a) in, on or require the Tenant to any part post a cash bond guaranteeing payment of the Premises (including, without limitation, any alterations of the front, signs, structural alterationsongoing Tenant Improvements, or any cutting or drilling into any part of (b) require the Premises or any securing of any fixture, apparatus, or equipment of any kind contractor to any part of stop work on the Premises) unless and until Tenant shall have caused plans and specifications therefore to have been prepared, at Tenant’s expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently and in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materials. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesImprovements.
Appears in 1 contract
Samples: Lease (MRS Fields Famous Brands LLC)
Alterations by Tenant. Tenant shall will not make or allow to be made any alterationsalterations to the Premises, renovationsinstall any vending machines in the Premises (other than currently existing vending machines), improvements or place signs, decorations or other installations (collectively “Alterations”) in, matters on the Premises or to any part the exterior glass of the Premises which are visible from outside the Premises (includingother than currently existing signs and decorations), without limitationfirst obtaining the written consent of Landlord in each such instance, any alterations of the front, signs, structural which consent may not be unreasonably withheld or delayed. Any and all such alterations, physical additions or any cutting or drilling into any part of improvements when made to the Premises or any securing of any fixtureby Tenant, apparatus, or equipment of any kind to any part of the Premises) unless shall be at Tenant’s sole cost and until Tenant expense and shall be reasonably supervised by Landlord. Landlord shall have caused no obligation to repair, maintain or insure same. Tenant agrees to pay all reasonable costs and expenses incurred by Landlord in connection with such alterations, additions and improvements, including the cost of reviewing plans and specifications therefore and supervising construction. All work to have been preparedbe performed by or for Tenant pursuant hereto will be performed, at Tenant’s sole cost and expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently diligently and in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materials. All such work shall comply in compliance with all applicable codeslaws, rules, ordinances, and regulations of any public authority having jurisdiction over the Building and/or Tenant. Any and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements alterations to the Premises shall become the property of Landlord upon termination of this Lease (except for movable equipment or furniture owned by Tenant). Subject to Section 7.5 below, Landlord may, nonetheless, require Tenant in to remove any and all fixtures, equipment and other improvements installed on the event of fire or extended coverage loss. Tenant shall deliver Premises and to restore the Premises to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer condition existing prior to give the Landlord ten (10) days notice of cancellation of such policiesinstallation thereof.
Appears in 1 contract
Alterations by Tenant. Tenant shall not make any alterations, renovations, improvements or other installations (collectively “Alterations”) in, on or to any part of the Premises (including, without limitation, any alterations of the front, signs, structural alterations, or any cutting or drilling into any part of the Premises or any securing of any fixture, apparatus, or equipment of any kind to any part of the Premises) unless and until Tenant shall have caused the right to erect a building sign indicating the name and logo of Tenant which is consistent with the size and quality of other building signs within Oak Park. Tenant will obtain approval for any such sign from Landlord, approval not to be unreasonably withheld or delayed. The Tenant shall make no alterations, additions or improvements in or to the Premises without first submitting to the Landlord plans and specifications therefore to have been preparedin such detail as the Landlord may reasonably require and obtaining the Landlord's prior written consent. The Landlord agrees that its consent shall not be unreasonably withheld or delayed for interior, at Tenant’s expensenonstructural alterations, by an architect or other duly qualified person additions and shall have obtained Landlord’s approval thereof. Tenant shall submit to Landlord detailed drawings and plans improvements consistent with the use of the proposed Alterations Premises as contemplated hereby; any such consent to interior, nonstructural alterations, additions and improvements, if the Landlord so advises the Tenant at the time Landlord’s approval is soughtof such consent, may be conditioned upon the Tenant's being obligated to remove the same at the expiration or termination of this Lease and to restore the Premises to their condition prior to such alterations, additions and improvements. If Upon completion of any such approval is grantedalterations, additions or improvements, Tenant shall cause deliver "as built" plans to Landlord. The Tenant shall promptly pay when due the entire cost of any work described undertaken such that the Premises shall at all times be free of mechanics and materialmen's liens or claims. All work undertaken by the Tenant shall be accomplished in such plans and specifications to be performed, at its expense, promptly, efficiently, competently accordance with all applicable laws and in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlordmanner, using first grade class materials. All such work Notwithstanding the foregoing, Landlord's consent shall comply with all applicable codesnot be required for nonstructural alterations which do not affect the base building HVAC, ruleselectrical, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the plumbing systems having a cost of replacement of all alterations, decorations, additions or improvements up to the Premises by Tenant in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policies$20,000.
Appears in 1 contract
Alterations by Tenant. Subject to Section 5.8, Tenant shall not make have the right of altering, improving, replacing, modifying or expanding the facilities, equipment or appliances in the Premises from time to time as it may determine is desirable for the continuing and proper use and maintenance of the Premises under this Lease; provided, however, that any alterations, renovationsimprovements, replacements, expansions or modifications to the Premises in excess of Six Hundred Thousand Dollars ($600,000) in any rolling twelve (12) month period shall require the prior written consent of the Landlord; provided, further, that the aggregate cost of tenant-funded improvements cannot exceed ten percent (10%) of Landlord's Original Investment for the Premises without securing the prior written consent of Landlord; provided, further, that the aggregate cost of tenant-funded improvements cannot exceed ten percent (10%) of Landlord's Original Investment without securing the prior written consent of the Landlord. Any amounts funded by Tenant as necessitated by damage to the Premises by casualty or condemnation shall not count towards the foregoing calculation. The cost of all alterations, improvements, replacements, modifications, expansions or other installations purchases, covered by this Section 5.6, whether undertaken as an on-going licensing, Medicare or Medicaid (collectively “Alterations”or any successor program) in, on requirement (if applicable) or to any other regulatory requirement or otherwise shall be borne solely and exclusively by Tenant (unless funded by Landlord under Section 5.7) and shall immediately become a part of the Premises (including, without limitation, any alterations and the property of the front, signs, structural alterations, or any cutting or drilling into any part Landlord subject to the terms and conditions of the Premises or any securing of any fixture, apparatus, or equipment of any kind to any part of the Premises) unless and until Tenant this Lease. All work done in connection therewith shall have caused plans and specifications therefore to have been prepared, at Tenant’s expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently and done in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materials. All such work in compliance with all existing codes and regulations pertaining to the Premises and shall comply with all applicable codesthe requirements of insurance policies required under this Lease. In the event any items of the Premises have become inadequate, rulesobsolete or worn out or require replacement (by direction of any regulatory body or otherwise), regulations and ordinances. The Tenant shall remove such items and exchange or replace the same at all times maintain fire insurance with extended coverage in an amount adequate to cover Tenant's sole cost and the cost same shall become part of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant in and property of the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesLandlord.
Appears in 1 contract
Samples: Lease and Security Agreement (American Retirement Corp)
Alterations by Tenant. Other than (i) alterations of a cosmetic --------------------- nature, including painting, carpeting, wall coverings or such other modifications of a similar nature and (ii) alterations resulting in a total cost to Tenant of $10,000.00 or less per event, Tenant shall not make, install or erect in or to the Premises any installations, alterations, modifications, additions or partitions without obtaining a building permit therefor, if applicable, and without submitting the drawings and specifications to Landlord and obtaining Landlord's prior written consent in each instance, which consent will not be unreasonably withheld or delayed (in no event shall Tenant be permitted to make any alterationsalterations to any building systems, renovationsstructural, improvements mechanical, electrical or other installations (collectively “Alterations”) inotherwise, on or to any part portion of the Building or Building Complex other than within the Premises as shown in the Final Plans approved pursuant to the Work Plan). Furthermore, Tenant shall obtain Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed, to any change or changes in such drawings or specifications submitted as aforesaid. Tenant shall pay the reasonable cost to Landlord of having its architects, engineers, or other consultants review such plans and changes thereto prior to proceeding with any work based on such drawings or specifications. All such work shall be performed in a good and workmanlike manner, free and clear of all mechanic's liens, and in compliance with the provisions of Article II hereof, and once commenced shall be diligently pursued through completion, and Landlord shall have no liability for the performance of such work, notwithstanding its consent to any plans and specifications. PROVIDED NEVERTHELESS that Landlord may, at its option, at Tenant's expense, require that Landlord's contractors be engaged for any mechanical or electrical work or other leasehold improvement affecting the base building systems for the Building Complex. Without limiting the generality of the foregoing, any work performed by or for Tenant shall be performed by competent workmen whose labor union affiliations are not incompatible with those of any workmen who may be employed in the Building Complex by Landlord, its contractors or subcontractors. In addition to the above all contractors and subcontractors must meet Landlord's specifications, as reasonably determined by Landlord, for minimum requirements for insurance, bonds, quality of work, experience and such other reasonably applicable factors. Tenant shall submit to Landlord's supervision over construction, shall, if the total cost for any such alteration will exceed S50,000, provide Landlord upon request with financial assurances prior to the commencement of such alteration, and promptly pay to Landlord's or Tenant's subcontractors, as the case may be, when due, the costs of all such work and of all materials, labor and services involved therein and of all decoration and all changes in the Building, its equipment or services necessitated thereby. Tenant covenants that Tenant will not suffer or permit during the Term hereof any mechanics' or other liens for work, labor, services or materials ordered by Tenant or for the cost of which Tenant may be in any way obligated, to attach to the Premises or to the Building Complex and that whenever and so often as any such liens shall attach or claims therefor shall be filed, Tenant shall, within thirty (30) days after Tenant has notice of the claim for lien, procure the discharge thereof by payment or by giving security or in such other manner as is or may be required or permitted by law or which shall otherwise satisfy Landlord and or Landlord's mortgagee. Tenant hereby indemnifies and saves Landlord harmless from and against any and all loss, liability, damage, penalty, cost expense or fee (including, without limitation, any alterations court costs and reasonable attorneys' fees) incurred by or asserted against Landlord as a result of the frontexistence of any lien against the Building, signsPremises or the Property arising from any labor, structural alterationsmaterials or other claims against Tenant or work or materials ordered by or for Tenant. Tenant shall, at its own cost and expense, take out or cause to be taken out any additional insurance reasonably required by Landlord to protect Landlord's, the mortgagee's and Tenant's interest during the period of alteration, to the extent commercially reasonable.. At least five (5) days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises, Tenant shall notify Landlord of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work so that Landlord may avail itself of the provisions of statutes such as Section 38-22-105(2) of the Colorado Revised Statutes (1973). During any such work on the Premises, Landlord, or any cutting or drilling into any part of the Premises or any securing of any fixtureits representatives, apparatus, or equipment of any kind to any part of the Premises) unless and until Tenant shall have caused plans the right to go upon and specifications therefore to have been preparedinspect the Promises at all reasonable times, at Tenant’s expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof. Tenant shall submit the right to post and keep posted thereon notices such as those provided for by Section 38-22-105(2) C.R.S. (1973) or to take any further commercially reasonable action which Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such plans and specifications may deem to be performed, at its expense, promptly, efficiently, competently and in a good and workmanlike manner by duly qualified and licensed persons or entities approved by proper for the protection of Landlord, using first grade materials. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant 's interest in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesPremises.
Appears in 1 contract
Samples: Office Lease (Sm&a Corp)
Alterations by Tenant. 15.1. Tenant shall not make any alterationscut, renovationsdrill into, improvements or other installations (collectively “Alterations”) indisfigure, on or to any part of the Premises (including, without limitation, any alterations of the front, signs, structural alterationsdeface, or any cutting or drilling into any part of the Premises or any securing of any fixture, apparatus, or equipment of any kind to injure any part of the Premises) unless , nor obstruct or permit any obstruction, alteration, addition, or installation in the Premises without the prior written consent of Landlord, which shall be in Landlord’s sole discretion. All alterations, additions or installations, including, but not limited to partitions, air conditioning ducts or equipment (except movable furniture and until fixtures put in at the expense of Tenant and removable without defacing or injuring the Premises), shall have caused plans and specifications therefore become the property of Landlord at the expiration or any earlier termination of the Term. Landlord, however, reserves the option to have been preparedrequire Tenant, at Tenant’s sole cost and expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations upon written notice at the time Landlord’s approval is soughtof installation, to remove all fixtures, alterations, additions, decorations or installations (including those not removable without defacing or injuring the Premises) and to restore the Premises to the same condition as when originally leased to Tenant, reasonable wear and tear excepted. If such approval is granted, All work performed by Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently and done (a) in a good and workmanlike manner manner, (b) with materials of the quality and appearance comparable to those in the Building Project, (c) in compliance with all governmental requirements, and (d) by duly qualified contractors or mechanics fully licensed by all applicable governmental authorities. Prior to the commencement of any work by or for Tenant, Tenant shall furnish to Landlord endorsements evidencing the existence of worker’s compensation insurance covering all persons employed for such work and licensed persons with respect to whom death or entities approved by bodily injury claims could be asserted against Landlord, using first grade materials. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover or the cost of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesPremises.
Appears in 1 contract
Samples: Office Lease (Towerstream Corp)
Alterations by Tenant. Tenant shall will not make any structural alterations, renovations, improvements or other installations (collectively “Alterations”) in, on on, or to the Premises or any part of the Premises thereof (including, without limitation, any alterations of the front, signs, structural alterations, storefront or any cutting or drilling into any part structural element of the Building) until Tenant shall have received Landlord's written approval, which approval Landlord agrees shall not be unreasonably withheld, delayed or conditioned. Any structural modifications to the Premises which materially affect the structure of the Premises or Building shall require Landlord's prior written approval, which approval shall be subject to Landlord's sole discretion. Tenant may at its sole cost, without Landlord's consent (a) make non-structural, interior, remodeling or refurbishing alterations which (i) do not affect the storefront or Project systems, and (ii) are in compliance with the requirements of Section 8.2 or (b) make any securing such other alterations or repairs which are of any fixturean emergency nature, apparatus, or equipment of any kind to any part of provided the Premises) unless same are made in a workmanlike manner and until utilizing good quality materials. Tenant shall have caused plans the right to place and specifications therefore to have been preparedinstall personal property, at Tenant’s expensetrade fixtures, by an architect equipment, signs or other duly qualified person items identifying Tenant's business or Tenant's proprietary marks and shall have obtained Landlord’s approval thereofother temporary installations in and upon the Premises, and fasten the same to the Premises. All personal property, equipment, machinery, trade fixtures, signs or other items identifying Tenant's business or Tenant's proprietary marks, and temporary installations, whether acquired by Tenant shall submit to Landlord detailed drawings and plans at the commencement of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently and in a good and workmanlike manner by duly qualified and licensed persons Lease term or entities approved by Landlord, using first grade materials. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions placed or improvements to installed on the Premises by Tenant in the event thereafter, shall remain Tenant's property free and clear of fire or extended coverage lossany claim by Landlord. Tenant shall deliver have the right to remove the same at any time during the term of this Lease provided that all damage to the Landlord certificates of Premises caused by such fire insurance policies, which removal shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesbe repaired by Tenant at Tenant's expense.
Appears in 1 contract
Alterations by Tenant. (a) Tenant shall not make any no alterations, renovationsdecorations, installations, additions or improvements or other installations (collectively “Alterations”) in, on in or to any part the Premises, the cost of which exceeds $2,500, without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld, conditioned, or delayed. Tenant understands that Landlord’s consent will be conditioned on Landlord’s reasonable approval of plans, specifications, contractors, insurance, and proof of financial capability to complete the anticipated work. Tenant acknowledges that Landlord may reasonably condition its approval of the Premises (including, without limitation, any alterations of the front, signs, structural alterations, or any cutting or drilling into any part of the Premises or any securing of any fixture, apparatus, or equipment of any kind to any part of the Premises) unless and until Tenant shall have caused plans and specifications therefore to have been prepared, at upon (i) Tenant’s expense, by an architect or other duly qualified person contractor furnishing Landlord with a performance and shall have obtained Landlord’s approval thereof. Tenant shall submit to Landlord detailed drawings and plans payment bond on the latest edition of the proposed Alterations A.I.A. form, covering such contractor’s obligations, in which Landlord shall be named as a dual obligee, in the total amount of the cost of the work, and (ii) and from its contractor’s subcontractors, and its and their materialmen, from time to time at such reasonable times based on the time Landlordcontracts with Tenant’s approval is soughtcontractor, subcontractors and suppliers, partial and full lien waivers and such other information as Landlord shall reasonably request in order to insure compliance with the provisions of this Lease. If such approval is grantedPrior to the commencement of any work in or to the Premises by Tenant’s contractor, Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently and in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materials. All such work shall comply with all applicable codeslaws (for example, rulesby obtaining a building permit if required) and covenants of record, regulations and ordinances. The Tenant shall at on request deliver to Landlord certificates issued by applicable insurance companies evidencing that workmen’s compensation and public liability insurance and property damage insurance, all in amounts and with companies, and on forms reasonably satisfactory to Landlord, are in force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such work. Each such certificate shall provide that it may not be cancelled without ten days’ prior written notice to Landlord. During all times maintain fire insurance when construction work is ongoing, Landlord and its designees shall have the right to inspect the Building at any time without notice, provided, however, such inspections shall not interfere with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements to ongoing construction at the Premises by Tenant in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesPremises.
Appears in 1 contract
Samples: Lease
Alterations by Tenant. Tenant shall not make any alterations, renovations, improvements or other installations (collectively “Alterations”) in, on or to any part of the Premises (including, without limitation, any alterations of the front, signs, structural alterations, or any cutting or drilling into any part of the Premises or any securing of any fixture, apparatus, or equipment of any kind to any part of the Premises) unless and until Tenant shall have caused plans and specifications therefore therefor to have been prepared, at Tenant’s expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof, which shall not be unreasonably withheld or delayed and shall be deemed granted if not approved or denied in writing within thirty (30) days of Tenant’s written request therefor. Tenant shall submit to Landlord detailed drawings plans and plans specifications of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently and in a good and workmanlike manner by duly qualified and licensed persons or entities approved approved, by Landlord, using first grade materials. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord Landlord, certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policies. Notwithstanding the foregoing, Tenant shall be entitled to make interior, non-structural and/or decorative alterations without obtaining Landlord’s consent or providing plans and specifications.
Appears in 1 contract
Alterations by Tenant. Subject to Section 5.8, Tenant shall not make have the right of altering, improving, replacing, modifying or expanding the facilities, equipment or appliances in the Premises from time to time as it may determine is desirable for the continuing and proper use and maintenance of the Premises under this Lease; provided, however, that any alterations, renovationsimprovements, replacements, expansions or modifications to the Premises in excess of One Million Five Hundred Thousand Dollars ($1,500,000) in any rolling twelve (12) month period shall require the prior written consent of the Landlord; provided, further, that the aggregate cost of tenant-funded improvements cannot exceed ten percent (10%) of Landlord's Original Investment for the Premises without securing the prior written consent of Landlord. Any amounts funded under the Development Addendum or by Tenant as necessitated by damage to the Premises by casualty or condemnation shall not count towards the foregoing calculation. The cost of all alterations, improvements, replacements, modifications, expansions or other installations purchases, covered by this Section 5.6, whether undertaken as an on-going licensing, Medicare or Medicaid (collectively “Alterations”or any successor program) in, on requirement (if applicable) or to any other regulatory requirement or otherwise shall be borne solely and exclusively by Tenant (unless funded by Landlord under Section 5.7) and shall immediately become a part of the Premises (including, without limitation, any alterations and the property of the front, signs, structural alterations, or any cutting or drilling into any part Landlord subject to the terms and conditions of the Premises or any securing of any fixture, apparatus, or equipment of any kind to any part of the Premises) unless and until Tenant this Lease. All work done in connection therewith shall have caused plans and specifications therefore to have been prepared, at Tenant’s expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently and done in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materials. All such work in compliance with all existing codes and regulations pertaining to the Premises and shall comply with all applicable codesthe requirements of insurance policies required under this Lease. In the event any items of the Premises have become inadequate, rulesobsolete or worn out or require replacement (by direction of any regulatory body or otherwise), regulations and ordinances. The Tenant shall remove such items and exchange or replace the same at all times maintain fire insurance with extended coverage in an amount adequate to cover Tenant's sole cost and the cost same shall become part of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant in and property of the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesLandlord.
Appears in 1 contract
Samples: Lease and Security Agreement (American Retirement Corp)
Alterations by Tenant. Tenant, at its expense, may make such alterations, additions and improvements to the Demised Premises as are necessary or desirable for the conduct of its business; provided, however, that Tenant shall not make any alterations, renovations, additions or improvements or other installations (collectively “Alterations”) in, on in or to any part the Demised Premises which (a) affect the exterior or structure of the Demised Premises or the Building's electrical, plumbing, mechanical or HVAC systems or (includingb) reduce the value or utility of the Building, without limitationLandlord's prior written consent in each instance, such consent not to be unreasonably withheld or delayed, and subject to such reasonable conditions and requirements as Landlord may reasonably impose. Prior to making any alterations of the front, signs, structural alterations, additions, installations or any cutting or drilling into any part of the Premises or any securing of any fixture, apparatus, or equipment of any kind to any part of the Premises) unless and until Tenant shall have caused plans and specifications therefore to have been prepared, at Tenant’s expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such plans and specifications to be performedimprovements, at its expense, promptlyTenant shall obtain all permits, efficientlyapprovals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and deliver duplicates of all such permits, competently approvals and in a good and workmanlike manner by duly qualified and licensed persons or entities approved by certificates to Landlord, using first grade materials. All such work Tenant shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage the requirements of SECTION 6.2 in an amount adequate to cover the cost of replacement of all making any alterations, decorationsadditions, additions installations or improvements to the Premises by Tenant in the event of fire or extended coverage lossimprovements. Tenant shall carry, or cause Tenant's contractors and sub-contractors to carry, such workmen's compensation, general liability, builders' risk, personal and property damage insurance as Landlord may reasonably require. Tenant shall maintain a complete and current set of "as-built" plans and specifications for the Demised Premises and shall deliver copies thereof to Landlord not later than 30 days after the completion of any alteration, addition or improvement to the Demised Premises. Any approved or permitted alterations by Tenant shall be surrendered to Landlord certificates as provided in ARTICLE 18 hereof upon expiration of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesthis Lease.
Appears in 1 contract
Alterations by Tenant. Tenant shall will not make any alterations, renovations, improvements or other installations (collectively “Alterations”) in, on in or to any part of the Premises or the outparcel (including, without limitation, any alterations of the frontstorefront, signs, structural alterations, or any cutting or drilling into any part of the Premises or any securing of any fixture, apparatus, apparatus or equipment of any kind to any part of the Premises) , unless and until Tenant shall have caused plans and specifications therefore therefor to have been prepared, at Tenant’s 's expense, by an architect or other duly qualified person and shall have obtained obtain Landlord’s 's written approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently and in a good and workmanlike manner by duly qualified and or licensed persons or entities approved by Landlord, using first grade materialsentities. All such work shall comply with all applicable codes, rules, rules and regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate from time to cover the cost of replacement of all alterations, decorations, additions or improvements to the Premises time adopted by Tenant in the event of fire or extended coverage lossLandlord. Tenant shall deliver have the right to install a satellite dish on the Landlord certificates roof of the Premises, subject to Landlord's prior written approval as more particularly set forth in this paragraph. Tenant may, from time to time, at Tenant's sole cost and expense, paint and decorate the Premises and make such fire insurance policiesnon-structural changes, which shall contain a clause requiring alterations, additions and improvements as will, in the insurer to give reasonable judgment of Tenant, better adapt the Landlord ten (10) days notice Premises for the conduct of cancellation of such policiesTenant's business.
Appears in 1 contract
Alterations by Tenant. Tenant shall not make make, or suffer to be made, any alterations, renovations, improvements or other installations additions (collectively “Alterations”) "alterations"), in, on on, about or to any part of the Premises (including, without limitation, any alterations of the front, signs, structural alterations, or any cutting or drilling into any part of the Premises or any securing part thereof, without the prior written consent of Landlord and without a valid building permit issued by the appropriate governmental authority. As a condition to giving such consent, Landlord may impose such requirements as Landlord in its sole discretion deems necessary, including without limitation requirements that (i) Tenant agree to remove any fixturesuch alterations at the termination of this Lease, apparatus, or equipment of any kind and to any part restore the Premises to their prior condition; (ii) Tenant secure a completion and lien indemnity bond satisfactory to Landlord for said work; (iii) Tenant secure and maintain in place throughout the Lease Term a performance bond satisfactory to Landlord for the removal of the swimming pool and the restoration of the Premises at the end of the Lease Term or earlier termination of the Lease; and (iv) Landlord may approve the contractor for such alterations and limit the times during which the alteration work may be done. Unless Landlord requires that Tenant remove any such alteration, the alteration, except movable furniture and trade fixtures not affixed to the Premises) unless and until Tenant , shall have caused plans and specifications therefore to have been prepared, at Tenant’s expense, by an architect or other duly qualified person become the property of Landlord upon installation and shall have obtained Landlord’s approval thereofremain upon and be surrendered with the Premises at the termination of this Lease. The bond required by clause (iii) of this Paragraph A will provide that (a) in no event shall the aggregate liability of the surety for any and all claims exceed Twelve Thousand Dollars ($12,000.00); and (b) the bond may be cancelled by the surety as to subsequent liability at any time by giving sixty (60) days written notice to Landlord during which sixty (60) day period Landlord may make a demand under the bond, and upon expiration of such sixty (60) day period shall receive the proceeds of the bond, if Tenant fails to remove the swimming pool and restore the Premises prior to the expiration of such sixty (60) day period. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such plans and specifications not permit any mechanic's or materialmen's liens to be performedplaced on the Premises and shall indemnify, at its expensedefend and hold Landlord harmless against any liens, promptlyclaims, efficientlydemands, competently and in a good and workmanlike manner by duly qualified and licensed persons encumbrances or entities approved by Landlord, using first grade materials. All judgments relating to any labor or services performed or materials furnished for such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements alternations to the Premises by Tenant in the event of fire or extended coverage lossPremises. Tenant shall deliver to the also give Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten written notice five (105) days prior to commencement of services or receipt of material for such alterations and shall permit Landlord to post a notice of cancellation nonresponsibility in accordance with the statutory requirement of such policiesCalifornia Civil Code Section 3095 or any amendment thereof.
Appears in 1 contract
Samples: Exstar Financial Corp
Alterations by Tenant. Tenant shall will not make any alterations, renovations, improvements or other installations (collectively “Alterations”) change in, on or to any part of addition to, the Premises without first obtaining, on each occasion, Landlord’s consent in writing as provided below (includingwhich consent shall not be unreasonably withheld, without limitationdelayed or conditioned), any alterations of the front, signs, structural alterations, or any cutting or drilling into any part of the Premises or any securing of any fixture, apparatus, or equipment of any kind to any part of the Premises) unless and until Tenant shall have caused plans and specifications therefore to have been prepared, then only at Tenant’s expense, and in a lawful manner and upon such terms and conditions as Landlord, by an architect such writing, shall reasonably approve, which shall include, without limitation, (a) maintenance of insurance in form and substance reasonably satisfactory to Landlord, and (b) compliance with Sections 7.9 and 7.11. Any alteration or addition (other duly qualified person than the Lab Areas) shall be consistent in appearance with the rest of the Building and the Project and shall have obtained be made only after duly obtaining (and providing to Landlord copies of) all required permits and licenses from all governmental authorities. Tenant will deliver to Landlord in writing a schedule setting forth the details and location of all such proposed alterations or additions and detailed plans and specifications. The contractor(s) performing the work shall be subject to Landlord’s approval thereofapproval, which will not be unreasonably withheld, conditioned or delayed. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time If required by Landlord’s approval is sought. If such approval is grantedlender, Tenant shall cause the work described in provide a statutory xxxx xxxx with respect to such plans and specifications to work. All approved repairs, installations, alterations, additions or other improvements made by Tenant shall be performed, at its expense, promptly, efficiently, competently and made in a good and workmanlike manner manner, between such commercially reasonable hours as may be approved in writing by duly qualified Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), and licensed persons in such a way that utilities will not be interrupted and other tenants and occupants of the Building will not suffer unreasonable inconvenience or entities approved interference as determined by Landlord. Tenant’s Invitees shall be given such reasonable access to other portions of the Building and the mechanical systems as may be necessary or appropriate to perform such work. Both during and after the performance of any such work, using first grade materials. All such work subject to Section 7.10, Landlord shall comply with have free access to any and all applicable codesmechanical installations in the Premises, rulesincluding, regulations but not limited to, air conditioning, fans, ventilating systems, machine rooms and ordinances. The electrical closets; and, subject to Section 7.10, Tenant shall at not construct or permit the installation of partitions and/or other obstructions in the Premises, which might interfere with Landlord’s free access to the Premises or Building, or impede the free flow of air to and from air vents and other portions of the heating, ventilating and air conditioning systems in the Building. Unless Landlord elects otherwise or has agreed otherwise in writing prior to installation, all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all installations, alterations, decorations, additions or improvements in or to the Premises (excluding any laboratory and/or research and development equipment installed by Tenant in the event of fire or extended coverage loss. Tenant shall deliver to the Premises) shall be the property of Landlord certificates and shall remain upon, and be surrendered with, the Premises at the end of the Lease Term or sooner termination of this Lease (i.e. equipment and structures that are permanently affixed (i.e., secured, bolted or piped into the walls, floor or ceiling, such fire insurance policiesas fume hoods, which shall contain a clause requiring ice machines and non-modular lab benches with built-in sinks) and any generator or other equipment secured to the insurer roof) provided, however, Tenant may remove its purchased manufacturing and laboratory equipment, including but not limited to give the Landlord ten (10) days notice of cancellation of such policiesits autoclave, bioreactors, centrifuges, HPLC equipment, incubators, shakers, refrigerators, freezers, ultra-low temperature freezers, liquid nitrogen freezers, ovens, stability cabinets, chromatography equipment, pumps, balances, mixers, biosafety cabinets, laminar flow benches, biochemical analyzers, luminometers, plate readers, nephalometers, microscopes, tangential flow filtration equipment, filtration equipment, measuring equipment and metrology equipment.
Appears in 1 contract
Samples: Lease (Candel Therapeutics, Inc.)
Alterations by Tenant. Tenant shall not make any alterations, renovations, improvements or other installations (collectively “Alterations”) in, on or to any part of the Premises (including, without limitation, any alterations of the front, signs, structural alterations, or any cutting or drilling into any part of the Premises or any securing of any fixture, apparatus, or equipment of any kind to any part of the Premises) unless and until Tenant shall have caused plans and specifications therefore therefor to have been prepared, at Tenant’s expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently and in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materials,. without interference with or disruption to the operations of tenants or other occupants of the Center. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, policies which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policies.
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Alterations by Tenant. (A) Tenant shall not make or perform, or permit the making or performance of, any alterations, renovations, improvements or other installations (collectively “Alterations”) in, on or to any part of the Premises (including, without limitation, installations of equipment), decorations, improvements, additions or other physical changes in or about the Premises (referred to collectively, as “Alterations”) without Landlord’s prior written consent, which consent shall not be unreasonably withheld; provided, however, Landlord’s consent shall not be required for any alterations minor Alterations (“Minor Alterations”) which consist of (a) painting, decoration or wall covering, and/or (b) interior Alterations which (x) cost less than $25,000.00 to perform, (y) do not involve any structural elements and/or any of the frontbuilding systems (e.g., signsHVAC, structural alterationselectrical or plumbing) and (z) do not properly require the issuance of a building permit in order to perform same. Tenant shall, however, be obligated to provide Landlord with at least ten (10) days advance written notice of the performance of any Minor Alterations. Notwithstanding the foregoing provisions of this Paragraph or Landlord’s consent to any cutting Alterations, all Alterations shall be made and performed in conformity with and subject to the following provisions: all Alterations shall be made and performed at Tenant’s sole cost and expense and at such time and in such manner as Landlord may, from time to time, designate; Alterations shall be made only by contractors, subcontractors or drilling into mechanics approved by Landlord; all Alterations shall be made and performed in compliance with all applicable Requirements and Insurance Requirements (including, without limitation, in strict compliance with applicable building codes); no Alteration shall affect any part of Landlord’s Building other than the Premises or adversely affect any securing of any fixture, apparatus, service required to be furnished by Landlord to Tenant or equipment of any kind to any part other tenant or occupant of the Premises) unless and until Tenant shall have caused plans and specifications therefore to have been prepared, at Tenant’s expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof. Building or reduce the value or utility of Landlord’s Building; no Alteration shall affect the outside appearance of the Landlord’s Building; all machines, mechanical equipment and other installations shall be placed and maintained by Tenant in settings sufficient, in Landlord’s judgment, to absorb and prevent vibration, noise and annoyance to other tenants or occupants of Landlord’s Building; Tenant shall submit to Landlord detailed drawings plans and plans of the specifications (including layout, mechanical and structural drawings) for each proposed Alterations at the time Alteration and shall not commence any such Alteration without first obtaining Landlord’s approval is sought. If of such approval is grantedplans and specifications; prior to the commencement of each proposed Alteration, Tenant shall cause furnish to Landlord (x) duplicate original policies of workmen’s compensation insurance covering all persons to be employed in connection with such Alterations, including those to be employed by all contractors and subcontractors, and of commercial liability insurance (including property damage coverage) in which Landlord and its designees shall be named additional insureds, which policies shall be issued by companies, and shall be in form and amounts, reasonably satisfactory to Landlord and shall be maintained by Tenant until the work described completion of such Alterations, and (y) copies of all permits, approvals and certificates required by all governmental authorities; upon completion of such Alterations, Tenant shall furnish to Landlord unconditional waivers of mechanics liens, duly executed by all contractors, subcontractors, materialmen and suppliers furnishing any materials or equipment or performing any labor or services in connection with such Alterations; notwithstanding Landlord’s approval of plans and specifications to for any Alteration, all Alterations shall be performed, at its expense, promptly, efficiently, competently made and performed in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materials. All such work shall comply full compliance with all applicable codesRequirements, rulesall materials and equipment to be incorporated in the Premises as a result of all Alterations shall be new and first quality; no such materials or equipment shall be subject to any lien, regulations and ordinancesencumbrance, chattel mortgage or title retention or security agreement. The Approval by Landlord of any plans, specifications or selection of materials by Tenant shall not constitute an assumption of any responsibility by Landlord for their accuracy or sufficiency and Tenant shall be solely responsible for such plans, specifications and selection of materials. Tenant covenants and agrees to indemnify Landlord and hold Landlord harmless of and from any and all claims, costs, suits, damages and liability whatsoever arising out of or as a result of any such work or any work done by Tenant or Tenant’s contractors, subcontractors, agents or employees, including reasonable attorney’s fees for the defense thereof. Landlord shall not be liable for any maintenance, repairs or replacements to the Premises necessitated by, or any failure of any Building facilities or services caused by, Alterations by Tenant, and Tenant shall, either, at all times maintain fire insurance with extended coverage in an amount adequate to cover Landlord’s sole option, (i) at Tenant’s expense, promptly perform any such maintenance, repairs or replacements, or correct any such failure, as the case may be, or (ii) reimburse Landlord for the cost of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiessame.
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Alterations by Tenant. Tenant shall not make any alterations, renovations, improvements No alteration or other installations (collectively “Alterations”) in, on or improvement to any part of the Premises (includingshall --------------------- ---------------------------- be made by Tenant without the written consent of Landlord. Concurrently with --------------------------------------- requesting Landlord's consent to the proposed alteration or improvement, without limitation, any alterations of the front, signs, structural alterations, or any cutting or drilling into any part of the Premises or any securing of any fixture, apparatus, or equipment of any kind to any part of the Premises) unless and until Tenant shall have caused plans and specifications therefore to have been prepared, at Tenant’s expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof. Tenant shall submit to Landlord detailed drawings and preliminary plans of for the alteration or improvement. Landlord shall, in its sole discretion, approve or disapprove the proposed Alterations at the time Landlord’s approval is soughtalteration or improvement, within fifteen days after its receipt of Tenant's written request for approval. If such approval is granted, Tenant shall cause the work described in such plans obtain all necessary governmental permits required for any alteration or improvement, and specifications to be performed, at its expense, promptly, efficiently, competently and in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materials. All such work shall comply with all applicable governmental laws, regulations, ordinances, and codes, rules, regulations and ordinances. The Tenant shall at be responsible for making any and all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions alterations or improvements that are required by any governmental entity in conjunction with the Americans With Disabilities Act. Any alteration or improvement made by Tenant, after consent has been given, and any fixtures installed as part of the construction, shall at Landlord's option become the property of Landlord on the expiration or other earlier termination of this Lease; provided, however, that Landlord shall have the right to require Tenant to remove the fixtures at Tenant's cost on termination of this Lease. If Tenant is required by Landlord to remove the fixtures on termination of this Lease, Tenant shall repair and restore any damages to the Premises caused by Tenant in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesremoval.
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Samples: Wesley Jessen Visioncare Inc
Alterations by Tenant. Tenant shall not make any alterations, renovations, additions or improvements or other installations (collectively “Alterations”) in, on in or to any part of the Premises (including, without limitation, any alterations of the front, signs, structural alterations, or any cutting or drilling into any part of the Premises or any securing of any fixture, apparatus, or equipment of any kind first submitting to any part of the Premises) unless and until Tenant shall have caused Landlord professionally-prepared plans and specifications therefore for such work and obtaining Landlord’s prior written approval. Tenant covenants that it will cause all such alterations, additions and improvements to have been prepared, be performed at Tenant’s expensesole cost and expense by a contractor approved by Landlord and in a manner which: (a) is consistent with the Landlord-approved plans and specifications and any conditions imposed by Landlord in connection therewith, by an architect or other duly qualified person and shall have obtained (b) is in conformity, with commercial standards; (c) includes acceptable insurance coverage for Landlord’s approval thereofbenefit; (d) does not affect the structural integrity of the Building; (e) does not disrupt the business or operations of adjoining tenants; and (f) does not invalidate or otherwise affect the construction and systems warranties then in effect with respect to the Building. Tenant shall submit secure all governmental permits and approvals, as well as comply with all other applicable governmental requirements and restrictions; shall reimburse Landlord for all reasonable expenses incurred in connection therewith, and shall comply with the requirements of Landlord’s general contractor imposed in connection therewith, if such work is performed prior to Landlord detailed drawings and plans completion of the proposed Alterations Building. Tenant shall indemnify, defend and hold Landlord harmless from and against all losses, liabilities, damages, liens, costs, penalties and expenses (including attorneys’ fees, but without waiver of the duty to hold harmless) arising from or out of the performance of such alterations, additions and improvements, including, but not limited to, all which arise from or out of Tenant’s breach of its obligations under terms of this Section 12. All alterations, additions and improvements (expressly including all light fixtures, heating, ventilation and air conditioning units and floor coverings), except Tenant’s trade fixtures and appliances and equipment not affixed to the Premises, shall immediately become the property of Landlord without any obligation on its part to pay therefor. These improvements remain Landlord’s and Tenant shall not remove all or any portion thereof on the termination of this Lease except as specifically directed by Landlord in writing at the time Landlord’s approval is sought. If such approval is grantedthe alteration, Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently and in a good and workmanlike manner by duly qualified and licensed persons addition or entities improvement was approved by the Landlord, using first grade materials. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policies.
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Alterations by Tenant. All additions, alterations, improvements and fixtures (except Tenant's movable trade fixtures and signage) in or upon the Premises, whether placed there by Tenant or by Landlord, shall become Landlord's property and shall remain upon the Premises at the termination of this Lease by lapse of time, or otherwise, without compensation or allowance or credit to Tenant. After the Commencement Date, Tenant shall not make any alterationsadditions, renovationschanges, alterations or improvements or other installations (collectively “Alterations”) in, on or to any part of the Premises (includingcosting more than $150,000.00 in the aggregate, without limitationthe prior written consent of Landlord, any alterations of the frontwhich consent shall not be unreasonably withheld, signsconditioned or delayed. Even if Landlord's consent is not required, structural alterations, or any cutting or drilling into any part of the Premises or any securing of any fixture, apparatus, or equipment of any kind to any part of the Premises) unless and until Tenant shall have caused give Landlord prior written notice specifying any work to be done. If Landlord grants its consent, Landlord may impose reasonable requirements as a condition of such consent including without limitation the submission of plans and specifications therefore to have been preparedfor Landlord's prior written approval, at Tenant’s expenseobtaining necessary permits, by an architect or other duly qualified person and shall have obtained Landlord’s obtaining insurance, prior approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such plans and specifications contractor (not to be performed, at its expense, promptly, efficiently, competently unreasonably withheld) and reasonable requirements as to the manner and times in which such work shall be done. All work shall be performed in a good and workmanlike manner by duly qualified and licensed persons or entities shall be in accordance with plans and specifications, (approved by Landlord, using first grade materials. All such work Landlord if approval is required by the above provisions) and shall comply be made in accordance with all applicable laws, ordinances, and codes. If any of such work may affect the structure of the Building or interfere with Building systems or operation, rulesLandlord may require that such work be performed under Landlord's supervision (but at no additional cost to Tenant for such supervision). Notwithstanding the foregoing, regulations upon expiration of the Term or earlier termination of the Lease, Tenant may remove all of its personal property, furniture and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover trade fixtures from the cost of replacement of all alterationsPremises, decorations, additions or improvements repair any damage caused to the Premises by Tenant such removal. Such repairs shall be done in the event of fire or extended coverage lossa good and wxxxxxx like manner consistent with all applicable laws, rules and regulations. Tenant shall deliver make such alterations to the Landlord certificates Premises to keep same in compliance with all applicable laws, rules and regulations, including, without limitation, the Americans With Disabilities Act. In the event that any governmental authority directs any modification or alteration to the Premises as the result of Tenant's occupancy, Tenant shall pay for the cost of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesmodification or alteration.
Appears in 1 contract
Samples: Lease Agreement (Eaco Corp)
Alterations by Tenant. Tenant shall not make any alterations, renovations, improvements or other installations (collectively “Alterations”) in, on or to any part of Except as expressly provided in the Premises (including, without limitation, any alterations of the front, signs, structural alterations, or any cutting or drilling into any part of the Premises or any securing of any fixture, apparatus, or equipment of any kind to any part of the Premises) unless and until Tenant shall have caused plans and specifications therefore to have been prepared, at Tenant’s expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is grantedWork Letter, Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently and in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materials. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all make no alterations, decorations, additions or improvements to the Premises or the Building Complex (the "Alterations"), including the installation of equipment or machinery which requires modifications to existing electrical outlets or increases Tenant's usage of electricity beyond the standard electrical usage design for the Premises without obtaining the prior written consent of Landlord. Tenant shall submit any such request to Landlord, which shall not be unreasonably withheld or delayed, at least 30 days prior to the commencement of the Alterations. Landlord may impose, as a condition to its consent, and at Tenant's sole cost, such requirements as Landlord may deem necessary in its judgment, including the manner in which the Alterations are done, the material to be used, the times during which the work is to be accomplished, approval of all plans and specifications, and the procurement of all licenses and permits. Landlord shall approve, which approval shall not be unreasonably withheld, Tenant's choice of architect and contractor by whom the work is to be performed. Landlord shall be entitled to or to require Tenant to post notices on and about the Premises with respect to Landlord's non-liability for the Alterations and Tenant shall not permit those notices to be defaced or removed. Tenant further agrees not to connect any apparatus, machinery or device to the Building systems, including electric wires, water pipes, fire, safety, heating and mechanical systems, without the prior written consent of Landlord. Alterations which Tenant is permitted to make shall be performed in a good and workmanlike manner and in compliance with this Lease. All Alterations, including partitions (except demountable wall systems installed by Tenant and not those existing in the event Premises on the date hereof), paneling, carpeting, drapes or other window coverings, and light fixtures (but not including movable office furniture, telephone equipment and cabling), are deemed a part of fire the real estate and the property of Landlord and remain upon and be surrendered with the Premises at the end of the Term, whether by lapse of time or extended coverage lossotherwise, unless Landlord notifies Tenant either M at the time such Alterations are installed that it elects to have Tenant remove all or part of such Alterations at the end of the Term or (ii) in the case of telephone and data cabling within 30 days following the expiration of the Lease that it elects to have Tenant remove such cabling,, and in either such event, Tenant shall at Tenant's expense promptly remove the Alterations specified and restore the Premises to its prior condition, reasonable wear and tear excepted. If Landlord permits any Alterations, then prior to the commencement of those Alterations, Tenant shall deliver to the Landlord certificates (and copies of the policies if requested by Landlord) issued by insurance companies qualified to do business in the state where the Premises are located evidencing that workmen's compensation, public liability insurance and property damage insurance, builder's risk coverage (if applicable) all in amounts, with companies and on forms satisfactory to Landlord, are in force and maintained by all such fire contractors and subcontractors engaged by Tenant to perform the work. All such policies shall name Landlord as an additional insured and shall provide that they may not be canceled or modified without 30 days' prior notice to Landlord. Tenant, at its sole cost and expense, shall cause any permitted Alterations to be performed in compliance with all applicable requirements of insurance policies, which Laws, and governmental bodies having jurisdiction, in such manner as not to interfere with other tenants or interfere with, delay, or impose any additional expense upon Landlord in the construction, maintenance or operation of the Building Complex, and so as to maintain harmonious labor relations in the Building and to not disturb other tenants' use of their premises or interfere with Landlord's operation of the Building Complex. In addition, Tenant, at its sole cost and expense, shall contain be responsible for the acquisition of auxiliary aids, required under the ADA, including all Alterations required: (i) as a clause requiring result of Tenant, or any subtenant, assignee or concessionaire, being a Public Accommodation (as defined in the insurer ADA); (ii) as a result of the Premises being a Commercial Facility (as defined in the ADA); (iii) as a result of any leasehold improvements made to give the Landlord ten Premises by or on behalf of Tenant, or any subtenant, assignee or concessionaire (10whether or not Landlord's consent to such leasehold improvements was obtained); or (iv) days notice as a result of cancellation the employment by Tenant, or any subtenant, assignee or concessionaire, of such policiesany individual with a disability.
Appears in 1 contract
Samples: Office Lease (Esoft Inc)
Alterations by Tenant. Tenant shall not may from time to time at its own expense make any alterationschanges, renovations, additions and improvements or other installations (collectively “Alterations”) in, on or to any part of the Premises (includingindividually or collectively referred to as "Alterations") to better adapt the same to its business, without limitationprovided that any such Alterations: (a) will comply with all applicable Laws and Tenant will provide Landlord with permits evidencing same; (b) will be made only with the prior written consent of Landlord, any alterations which consent will not be unreasonably withheld; (c) will equal or exceed Building standard (d) will be carried out only by persons selected by Tenant and approved in writing by Landlord, who will if required by Landlord deliver to Landlord before commencement of the frontwork performance and payment bonds; (e) do not exceed or adversely affect the capacity, signsmaintenance, structural alterationsoperating cost or integrity of the Building's structure or any of its heating, ventilating, air conditioning, plumbing, mechanical, electrical, communications or other systems; (f) is approved by the holder of any Encumbrance if so required by the terms of said Encumbrance; (g) does not violate any agreement which affects the Building or binds Landlord of which Tenant is given notice; (h) does not alter the exterior of the Building in any way. Tenant will maintain, or will cause the persons performing any cutting such work to maintain, worker's compensation insurance and public liability and property damage insurance (with Landlord named as an additional insured), in amounts, with companies and in a form reasonably satisfactory to Landlord, which insurance will remain in effect during the entire period in which the work will be carried out. If requested by Landlord, Tenant will deliver to Landlord proof of all such insurance. Tenant will promptly pay, when due, the cost of all such work and, upon completion, Tenant will deliver to Landlord, to the extent not previously received by Landlord, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or drilling into any part of the Premises or any securing of any fixture, apparatus, or equipment of any kind to any part of the Premises) unless and until Tenant shall have caused plans and specifications therefore to have been prepared, at Tenant’s expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereofmaterials. Tenant shall submit pay the Construction Administration Fee on all Alterations. Tenant will also pay any increase in property taxes on, or fire or casualty insurance premiums for, the Building attributable to Landlord detailed drawings such Alterations and plans the cost of any modifications to the proposed Alterations at Building outside the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such plans and specifications Premises that are required to be performedmade in order to make the Alterations to the Premises. Tenant, at its expense, promptly, efficiently, competently will have promptly prepared and in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materialssubmitted to Landlord reproducible as-built CAD plans of any such Alterations upon their completion. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements permanent Alterations to the Premises Premises, made or paid for by Landlord or Tenant in the event of fire or extended coverage loss. Tenant shall deliver will, without compensation to the Landlord certificates of such fire insurance policiesTenant, which shall contain a clause requiring the insurer become Landlord's property upon installation, subject to give the Landlord ten (10) days notice of cancellation of such policies.Section 3.4
Appears in 1 contract
Alterations by Tenant. Tenant shall not make any alterations, renovations, improvements or other installations (collectively “Alterations”) in, on or to any part Section 11 of the Premises (including, without limitation, any alterations Rider to the Lease is hereby deleted from the Rider and replaced with the following: Notwithstanding anything in Section 11 of the frontLease to the contrary, signs, structural alterations, or any cutting or drilling into any part of the Premises or any securing of any fixture, apparatus, or equipment of any kind in those instances where Tenant is required to any part of the Premises) unless and until Tenant shall have caused plans and specifications therefore to have been prepared, at Tenant’s expense, by an architect or other duly qualified person and shall have obtained seek Landlord’s 's prior written approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently and in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materials. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions for alterations or improvements to the Premises by Tenant in the event of fire or extended coverage loss. Premises, Tenant shall deliver to Landlord, in advance of any proposed construction, plans, specifications, bid proposals, work contracts and such other information concerning the nature and cost of the alterations or improvements as may be reasonably requested by Landlord. Deliveries to Landlord certificates pursuant to this section shall be subject to the terms of the written confidentiality agreement dated December 23, 1997 and previously executed by Landlord and Tenant if designated for such treatment by Tenant at the time of delivery to Landlord. Landlord agrees to respond to Tenant's request for approval within 15 days after receiving such information. Landlord acknowledges that the conduct of Tenant's business and the use of the Premises in connection with Tenant's business are subject to the rules and regulations of the U.S. Food and Drug Administration and other governmental agencies, offices, departments, bureaus and boards. Landlord agrees that it shall not unreasonably withhold or condition its consent for any such approvals to the extent the same are reasonably necessary to cause Tenant or the Premises to be in compliance with all laws, rules, orders, ordinances, directives, regulations, and requirements of all governmental agencies, offices, departments, bureaus and boards having jurisdiction over the same ("Legal Requirement"). Nothing in this Lease shall be construed to require Tenant to violate any Legal Requirement, and if it is determined that there are any additional restoration costs associated with any improvements, alterations or additions proposed by Tenant as a result of a Legal Requirement or otherwise, then as a condition of Landlord's approval Tenant may be required to pay Landlord as an additional security deposit an amount equal to the incremental demolition costs (if any) necessary as a result of such fire insurance policiesimprovements, which alterations or additions to restore the Premises to a building shell condition. In each instance, such incremental demolition costs shall contain be determined based on estimates of a clause requiring third party contractor mutually acceptable to the insurer parties. In addition, and notwithstanding anything in the Lease to give the Landlord ten contrary, Tenant shall be obligated, at the Tenant's expense and prior to the expiration of the last day of the Term of the Lease, to (10i) days notice of cancellation of remove all trade fixtures, machinery, equipment and personal property installed at the Premises by Tenant, (ii) restore the Premises to a so-called "building shell" condition as existing prior to any alterations or improvements made by Tenant, and (iii) repair any damage to the Premises or the building or property caused by such policiesremoval and restoration.
Appears in 1 contract
Alterations by Tenant. Tenant shall not make any alterations, renovations, improvements or other installations (collectively “Alterations”) in, on or to any part of the Premises (including, without limitation, any alterations of the front, signs, structural alterations, or any cutting or drilling into any part of the Premises or any securing of any fixture, apparatus, or equipment of any kind to any part of the Premises) unless and until Tenant shall have caused plans and specifications therefore to have been prepared, at Tenant’s expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently and in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materials. All from time to time during the term of this lease may make such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements in or to the Premises as it deems necessary and may erect or remove any walls or partitions in or about the Premises; provided, that any such work done by Tenant shall be done in a workmanlike manner without impairing the event structural soundness of fire the Premises and shall comply with every applicable requirement of law or extended coverage lossany duly constituted authority having jurisdiction over the Premises. Landlord agrees to cooperate with Tenant in securing any necessary permits and authorities to perform any work on the Premises permitted under this lease. At or prior to the termination of this lease or of any hold over by Tenant under this lease, Tenant shall deliver have the right but not the obligation to remove from the Premises any alterations, additions or improvements in or to the Landlord certificates Premises made by Tenant pursuant to this paragraph; provided, that Tenant accomplishes such removal without substantial damage to the Premises. No damage to the Premises from such removal shall be considered substantial if, promptly after such removal, Tenant restores the Premises to the condition they were in immediately prior to the making of such fire insurance policiesalternations, additions or improvements. Any such alterations, additions or improvements which Tenant elects not to remove from the Premises shall contain a clause requiring become the insurer to give the Landlord ten (10) days notice property of cancellation of such policiesLandlord.
Appears in 1 contract
Samples: Lease (Telvent Git S A)
Alterations by Tenant. Tenant shall not make have the right of altering, improving, replacing, modifying or expanding the facilities, equipment or appliances in the Premises from time to time as it may determine is desirable for the continuing and proper use and maintenance of the Premises under this Lease; provided, however, that any structural alterations, renovationsimprovements, improvements replacements, expansions or modifications in excess of One Hundred Thousand Dollars ($100,000) which are not required to comply with applicable law or the provisions of Section 5.1.3 of this Lease shall require the prior written consent of the Landlord, which consent shall not be unreasonably withheld. The cost of all such alterations, improvements, replacements, modifications, expansions or other installations purchases, whether undertaken as an on-going licensing, Medicare or Medicaid (collectively “Alterations”or any successor program) in, on or to any other regulatory requirement or otherwise shall be borne solely and exclusively by Tenant and shall immediately become a part of the Premises (including, without limitation, any alterations and the property of the front, signs, structural alterations, or any cutting or drilling into any part Landlord subject to the terms and conditions of the Premises or any securing of any fixture, apparatus, or equipment of any kind to any part of the Premises) unless and until Tenant this Lease. All work done in connection therewith shall have caused plans and specifications therefore to have been prepared, at Tenant’s expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently and done in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materials. All such work in compliance with all existing codes and regulations pertaining to the Premises and shall comply with all applicable codesthe requirements of insurance policies required under this Lease. In the event any items of the Premises have become inadequate, rulesobsolete or worn out or require replacement (by direction of any regulatory body, regulations and ordinances. The third party payor or otherwise), Tenant shall remove such items and exchange or replace the same at all times maintain fire insurance with extended coverage in an amount adequate to cover Tenant's sole cost and the cost same shall become part of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant in and property of the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesLandlord.
Appears in 1 contract
Samples: Hollyoke (Iatros Health Network Inc)
Alterations by Tenant. 10.4.1. Tenant shall will not make make: (i) any alterationsalteration, modification, substitution or other change of any nature to the structural, mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Premises; nor (ii) any renovations, improvements or other installations (collectively “Alterations”) in, on or to any part of the Premises (including, without limitation, any alterations of the frontexterior of the Premises, signs, structural alterations, or any cutting or drilling into any part of the Premises or any securing of any fixture, apparatus, or equipment of any kind to any part of the Premises); nor (iii) any installation or modification of walls, partitions, counters, doors, shelves, lighting fixtures, hardware, locks, ceiling and windows (all collectively referred to herein as "Alterations"), unless and until Tenant shall have caused complete plans and specifications therefore therefor to have been prepared, at Tenant’s 's expense, by an architect or other duly qualified person person, shall have submitted same to Landlord and shall have obtained Landlord’s 's written approval thereof. Tenant , which approval shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is soughtnot be unreasonably withheld, conditioned or delayed. If such approval is granted, Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently and in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlordentities, using first grade materialswithout interference with or disruption to the operations of tenants or other occupants of the Building or the Center. All such work shall comply with all applicable codes, rules, regulations and ordinancesordinances and shall be performed by contractors who are approved by Landlord and who carry the insurance coverage required in Section 15. The Landlord may elect that any Alterations be performed by Landlord or by contractors engaged by and under the direction of Landlord, in which case such Alterations shall nevertheless be made at Tenant's sole cost, payable by Tenant as Additional Rent; and such cost shall include a construction management fee of ten percent (10%) of the total cost of the work. Alterations shall only be made after Tenant has obtained any necessary permits from governmental authorities for the Alterations. Notwithstanding the foregoing Tenant shall at be permitted to perform all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements emergency repairs and replacements (to the Premises extent not responded to by Tenant in the event of fire or extended coverage loss. Tenant shall deliver Landlord within a reasonable time, having regard to the Landlord certificates nature of the emergency condition), interior decorating and refurbishment, consisting of wallpapering, painting and recarpeting, for its own account, and without Landlord's prior written consent (and in such fire insurance policies, which case no construction management fee shall contain a clause requiring the insurer apply to give the Landlord ten (10) days notice of cancellation of any such policiesTenant work).
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Alterations by Tenant. The Tenant shall not erect no signs and shall make any no alterations, renovations, additions or improvements or other installations (collectively “Alterations”) in, on in or to any part of the Premises (including, without limitation, any alterations of the front, signs, structural alterations, or any cutting or drilling into any part portion of the Premises or any securing portion of the Building or the Property without the Landlord’s prior written consent. No alterations, additions or improvements shall be undertaken or begun by the Tenant until: (x) the Landlord has approved written plans and specifications that have been approved and stamped by a qualified licensed engineer or architect, and a time schedule for such work, (y) the Tenant has made provision for either written waivers of liens from all contractors, laborers and suppliers of materials for such installations or work, the filing of xxxx xxxxx on behalf of such contractors, laborers and suppliers, or other appropriate protective measures approved by the Landlord, and (z) the Tenant has procured appropriate surety payment and performance bonds. The Landlord agrees that its consent shall not be unreasonably withheld with respect to (i) signs requested by the Tenant, provided such signs shall comply, and at all times shall continue to comply, with all zoning, building and other codes and regulations applicable thereto, and (ii) interior, non-structural alterations, additions and improvements to the Premises consistent with the use of the Premises as contemplated hereby. Any such consents to signs and to interior, non-structural alterations, additions and improvements may, if the Landlord so advises the Tenant as part of or by notice at the time of any fixturesuch consent, apparatusbe conditioned with specificity upon the Tenant’s being obligated to remove the same or specified portions thereof at the expiration or termination of this Lease and to restore the Premises to substantially its condition prior to such alterations, or equipment additions and improvements, as determined by the Landlord. Notwithstanding the foregoing, so long as the originally-named Tenant hereunder continues to occupy at least fifty percent (50%) of any kind to any part the rentable square footage of the Premises, the Tenant may install signs with the Tenant’s corporate name and/or logo on the Building and the Property in the exact locations of the existing signage for the tenant that occupied the Premises immediately prior to the Tenant, provided that: (1) unless and until the Tenant shall have caused obtain the Landlord’s written approval as to the size, shape and appearance of such signs, and as to the plans and specifications therefore relating to have been preparedthe installation of such signs, which approval shall not be unreasonably withheld or delayed, (2) the Tenant shall install such signs at its sole cost and expense, (3) the Tenant shall, at Tenant’s its sole cost and expense, by an architect or other duly qualified person obtain all approvals, licenses, permits and shall have obtained Landlord’s approval thereof. Tenant shall submit to Landlord detailed drawings and plans of consents from governmental authorities with jurisdiction over such signs, (4) the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in installation of such plans and specifications signs to be performed, at its expense, promptly, efficiently, competently and done in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materials. All such work shall comply in accordance with all applicable codeslaws, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement provisions of all alterations, decorations, additions or improvements to the Premises by Tenant in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire applicable insurance policies, (5) during the Term, the Tenant shall, at its sole cost and expense, maintain all such signs in good condition and in compliance with all applicable laws, and (6) the Tenant shall, at its sole cost and expense, remove such signs on or before the date on which shall contain a clause requiring the insurer Term expires or is earlier terminated, and restore the Building and the Property to give the Landlord ten (10) days notice of cancellation condition in which it was prior to the installation of such policiessigns.
Appears in 1 contract
Samples: Wave2Wave Communications, Inc.
Alterations by Tenant. Tenant shall not make any alterations, renovations, improvements alterations or other installations additions to the demised Premises without the prior written consent of Landlord. All costs incurred for said alterations or additions will be borne by the Tenant. Any requests by Tenant to make such alterations or additions shall be in writing and no such alterations or additions shall be commenced until (collectively “Alterations”i) in, on or to any part of Landlord has approved the Premises (including, without limitation, any alterations of the front, signs, structural alterations, or any cutting or drilling into any part of the Premises or any securing of any fixture, apparatus, or equipment of any kind to any part of the Premises) unless and until Tenant shall have caused plans and specifications therefore thereof; (ii) Tenant has obtained all the necessary permits related thereto and provided copies of same to have been preparedLandlord; (iii) Tenant has provided Landlord with evidence, at Tenant’s expensein form satisfactory to Landlord, by an architect and in Landlord's sole discretion, that the contractor(s) that will undertake such alterations or additions is insured for liability, workers' compensation and other duly qualified person risks, all in such amounts and shall have obtained with companies and upon terms that are satisfactory to Landlord’s approval thereof. Tenant shall submit will promptly provide to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently and in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materials. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement copies of all alterationswarranties, decorationscertificate of occupancy, certificates of insurance and any and all documents evidencing other matters related to such alterations or additions. Any alterations or additions or improvements to the Demised Premises made by Tenant in the event of fire or extended coverage loss. Tenant shall deliver at once become the property of Landlord and shall be surrendered to Landlord upon the termination of this Lease; provided, however, Landlord, at its option, may require Tenant to remove any physical additions and/or repair any alterations in order to restore the Demised Premises to the Landlord certificates condition existing at the time Tenant took possession, normal wear and tear excepted. All costs of such fire insurance policies, which removal and/or repair shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesbe borne by Tenant.
Appears in 1 contract
Samples: Pods Inc
Alterations by Tenant. (A) Tenant shall not, without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, make or permit any alteration, improvement, addition or installation in or to the Premises. At least fifteen (15) business days prior to commencing any alterations to the Premises, Tenant shall provide Landlord written notice of its alteration plans for Landlord’s review, and if applicable, approval. Under no circumstances may Tenant make any alterationsalterations to the structural elements of the Building, renovationsthe roof, improvements the life/safety systems, the HVAC system (except for changes solely within the Premises), the security system for which Landlord is responsible, or which have any adverse effect on any other installations (collectively “Alterations”) inBuilding systems. Notwithstanding the foregoing, on or written consent of Landlord shall not be required and Tenant may make alterations to any part the interior of the Premises that comply with the following requirements (includingalterations satisfying these requirements, without limitation, any alterations the “Permitted Alterations”): (i) the alteration is non-structural in nature (except that installation or removal of demising walls and interior offices shall be permitted); (ii) the front, signs, structural alterations, alteration does not adversely affect the roof or any cutting or drilling into any part of the Premises or any securing of any fixture, apparatus, or equipment of any kind to any part area outside of the Premises; (iii) unless the alteration does not materially affect the electrical, plumbing, HVAC or mechanical systems in the Building or servicing the Premises, or the sprinkler or other life safety system; (iv) the alteration costs less than $132,160.00 for each such alteration project in the aggregate; (v) Landlord receives prior written notice; and until (vi) Tenant is not then in default beyond any applicable notice or cure period. All work performed by or at the request of Tenant shall have caused plans be performed by contractors and specifications therefore subcontractors approved in writing by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed), who shall be required to have been prepared, at Tenant’s expense, by an architect or other duly qualified person obtain the following insurance: (i) Xxxxxxx’x Compensation and shall have obtained Landlord’s approval thereof. Tenant shall submit to Landlord detailed drawings and plans Occupational Disease Insurance in accordance with the laws of the proposed Alterations at state in which the time Landlord’s approval Building is soughtlocated; and (ii) Commercial General Liability Insurance with limits for bodily injury and property damage of not less than One Million Dollars ($1,000,000) for any one occurrence and in the aggregate. If such approval is grantedPromptly after the completion of the alterations or improvements, Tenant shall cause the work described in such plans and specifications to be performedTenant, at its expense, promptly, efficiently, competently and in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materials. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant in the event of fire or extended coverage loss. Tenant shall deliver to Landlord an accurate as-built drawing on CADD computer disc (to the extent such drawings were produced), as well as a hard copy, showing such alterations or improvements in the Premises. Landlord’s approval of any plans, specifications or work drawings shall create no responsibility or liability on the part of Landlord certificates for their completeness, design sufficiency or compliance with any laws, rules and regulations of governmental agencies or authorities. Tenant agrees to reimburse Landlord for any actual third-party costs and expenses related to the review and approval of Tenant’s plans and specifications for any alterations made during the Term for which Landlord’s approval is required, and to pay Landlord a management fee for oversight of such fire insurance policieswork equal to three percent (3%) of the cost thereof for all alterations requiring Landlord’s consent that exceed $100,000 in total costs. Notwithstanding anything to the contrary, which Landlord may withhold its consent in its sole discretion with respect to, and Permitted Alterations shall contain a clause requiring not include, any Alteration (i) affecting the insurer to give fixed lab benches, fume hoods, roof, Building systems, Building structure and/or areas outside the Landlord ten Premises, or (10ii) days notice changing the rentable square footage of cancellation of such policiesthe Premises (collectively, “Restricted Alterations”).
Appears in 1 contract
Samples: Lease (Talis Biomedical Corp)
Alterations by Tenant. Tenant shall not make any alterations, renovations, improvements or other installations (collectively “Alterations”) in, on or alterations to any part of the Premises (includingwithout obtaining Landlord’s prior written consent, without limitation, any alterations of the front, signs, which consent shall not be unreasonably withheld as to non-structural alterations, or any cutting or drilling into any part of the Premises or any securing of any fixture, apparatus, or equipment of any kind to any part of the Premises) unless and until Tenant shall have caused plans and specifications therefore to have been prepared, at Tenant’s expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof. Tenant shall submit to Landlord detailed drawings not need landlord’s consent for minor items such as painting, carpeting, flooring, shelving, etc. Any and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such plans and specifications to be performed, at its expense, promptly, efficiently, competently and in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materials. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorationsadditions, or other improvements made by Tenant, with or without the consent of Landlord, regardless of how attached (except movable trade fixtures), shall become immediately upon installation and thereafter remain the property of Landlord, without compensation therefore to Tenant, unless otherwise agreed in writing by Landlord; provided, however, Landlord shall have the right to require that Tenant, upon the termination or at the expiration of this lease, remove any or all such alterations, additions or and improvements to and restore the Premises to their original condition, normal wear and tear excepted, unless such right has been waived in writing by Landlord. Tenant shall be able to remove Tenant fixtures at the termination of this lease. Tenant shall provide Landlord with the identities and mailing addresses of all persons performing work or supplying materials, prior to beginning such construction, and Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable law. 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 and shall provide certificates of insurance for worker’s compensation and other coverage in the event amounts and from an insurance company satisfactory to Landlord protecting Landlord against liability for personal injury or property damage during construction. Upon completion of fire or extended coverage loss. any Tenant-Made Alterations, Tenant shall deliver to Landlord: (i) sworn statements setting forth the Landlord certificates names of all contractors and subcontractors who did work on the Tenant-Made Alterations and final lien waivers from all such fire insurance policiescontractors and subcontractors; and (ii) accurate, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesreproducible "as-built" plans for any Tenant-Made Alterations.
Appears in 1 contract
Samples: onesouthcom.s3.amazonaws.com
Alterations by Tenant. Tenant shall not make any no alterations, renovationsdecorations, installations, removals, additions or improvements in or other installations to the Premises (collectively collectively, “Alterations”) inwithout Landlord’s prior written consent, on which shall not be reasonably withheld by Landlord, and then only in accordance with the terms and provisions of this Lease, and such other conditions as Landlord may impose. Whenever Tenant shall make any Alterations, all contractors to be used by Tenant shall be licensed by the State of Rhode Island and insured, and must be approved in writing in advance by Landlord, and Tenant will strictly observe the following covenants and agreements: (a) any mechanics’ lien, materialman’s lien, or to any part of other lien filed against the Premises or the Building or Property for work claimed to have been done for, or materials claimed to have been furnished to, Tenant shall be completely discharged by Tenant within twenty (including20) days thereafter at Tenant’s sole cost and expense (but in any event prior to the foreclosure thereof); (b) all Alterations done by Tenant or on behalf of Tenant shall be at its own expense and shall at all times comply with (i) laws, without limitationrules, orders and regulations of governmental authorities having jurisdiction thereof; (ii) orders, rules and regulations of any alterations Board of the front, signs, structural alterationsFire Underwriters, or any cutting other body hereafter constituted exercising similar functions, and governing insurance rating bureaus; (iii) those Rules and Regulations set forth in Exhibit “2” hereto, and such other reasonable rules or drilling into regulations as may be established by Landlord from time to time; and (iv) plans and specifications prepared by and at the expense of Tenant theretofore submitted to and approved by Landlord; (c) Tenant shall procure all necessary permits before undertaking any part work in the Premises, do all of the Premises such work in a first class and workmanlike manner, employing only new materials of good quality and complying with all governmental requirements, and defend, save harmless, exonerate and indemnify Landlord from all injury, loss or any securing of any fixture, apparatus, or equipment damage of any kind to any part person or property occasioned by or growing out of such work; and (d) without limiting the Premises) unless and until Tenant shall have caused plans and specifications therefore to have been prepared, at Tenant’s expense, by an architect or generality of any other duly qualified person and shall have obtained Landlord’s approval thereof. Tenant shall submit to Landlord detailed drawings and plans provision of the proposed Alterations at the time Landlord’s approval is sought. If such approval is grantedthis Lease, Tenant shall cause be responsible to the work described in such plans and specifications extent that any violation of the Americans with Disabilities Act (“ADA”) or any other similar code, or need for upgrade to be performedmeet ADA or any other similar code, at its expenseis caused by the actions of Tenant (for example, promptlybut without limitation, efficientlydue to the nature of a Tenant improvement, competently and in or due to a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materialsparticular disability of a Tenant employee). All contractors and subcontractors working on Alterations shall carry such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant in the event of fire or extended coverage loss. Tenant shall deliver to the as Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesmay require.
Appears in 1 contract
Alterations by Tenant. Except for Tenant's Work, with respect to which the rights and obligations of Landlord and Tenant shall concerning approval thereof are set forth in Paragraph 16.1 hereof, Tenant will not make or permit any alterations, renovations, improvements or other installations (collectively “Alterations”) in, on Alterations to the Demised Premises or to the Building without the prior written consent of Landlord, which in the case of non-structural Alterations will not be unreasonably withheld, conditioned or delayed. If Landlord consents to any part of the Premises (Alterations, Landlord may impose any conditions it deems reasonably appropriate, including, without limitation, any alterations the approval of plans and specifications, supervision of the frontwork by Landlord's architect or contractor (at Tenant's reasonable expense) and, signsexcept with respect to Tenant's initial improvements to any Available Space (as hereinafter defined in Paragraph 58.1) which Tenant leases, structural alterationsa fee to Landlord in an amount to be determined by Landlord in its reasonable discretion, or any cutting or drilling into any part but not to exceed five percent (5%) of the Premises hard costs of the Alterations, and satisfactory evidence from Tenant of Tenant's ability to pay for such Alterations (including, but not limited to, a payment or any securing of any fixture, apparatus, or equipment of any kind performance bond with respect to any part of the Premisesgeneral contractor and with respect to any subcontractor whose contract(s) unless and until exceeds $100,000.00). Whenever Tenant shall have caused plans and specifications therefore to have been prepared, at Tenant’s expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof. Tenant shall submit to Landlord detailed drawings and plans of the proposed Alterations at the time Landlord’s approval is sought. If such approval is granted, Tenant shall cause the work described in such submits plans and specifications to be performedLandlord for Landlord's approval, at its expenseLandlord shall, promptlywithin ten (10) business days after Landlord's receipt of same, efficientlynotify Tenant of any corrections or revisions which Landlord desires to make in said plans and specifications, competently and in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materials. All such work shall Tenant agrees to comply with all applicable codessuch corrections or revisions which Landlord may reasonably require. Notwithstanding the foregoing provisions of this Paragraph 16.2, rules(a) Landlord's prior written consent with respect to an Alteration shall not be required if such Alteration (i) has an estimated cost to complete of less than Five Thousand Dollars ($5,000), regulations (ii) is not structural, (iii) does not require any governmental approval, (iv) is not visible from the exterior of the Demised Premises, (v) does not burden or cause any material or adverse impact on Building systems or any other space in the Building, and ordinances. The (vi) at least three (3) business days before commencing the work, Tenant notifies Landlord of the planned Alteration, and (b) Landlord agrees that it shall not unreasonably withhold its consent with respect to a proposed Alteration (i) which involves structural work affecting non-load-bearing structural elements of the Building, (ii) which does not excessively burden or cause any material or adverse impact on Building systems or any other space in the Building (it being agreed that Tenant shall at correct to Landlord's satisfaction any impact on Building structural or mechanical components or systems), and (iii) as to which Tenant satisfies all times maintain fire insurance other conditions specified in this Paragraph 16 with extended coverage respect to such work; provided, however, that in an amount adequate exercising its consent right as herein provided, it shall be reasonable for Landlord to cover take into account all relevant factors, including, but not limited to, the cost requirements of replacement of all alterations, decorations, additions or improvements pertinent loan documents applicable to the Premises by Tenant in Building, and the event potential impact on insurance ratings, coverage and costs. Within thirty (30) days following completion of fire or extended coverage loss. (i) Tenant's Work and (ii) any Alterations thereafter which require Landlord's approval hereunder, Tenant shall deliver to Landlord a complete set of "as-built" plans showing Tenant's Work or Alterations, as applicable, in hard copy and an acceptable (in Landlord's reasonable opinion) electronic version (except that an electronic version shall not be required if Cafritz Company acts as the construction manager with respect to such Alterations), and in the event that Tenant does not furnish such "as-built" plans within thirty (30) days following completion of the Tenant's Work or Alterations, as applicable, Tenant shall reimburse Landlord certificates for any expenses incurred by Landlord in causing the Building plans to be modified to reflect such Tenant's Work, Alterations or both; provided, however, that Tenant shall not be required to provide Landlord with "as-built" plans with respect to any Alterations which consist solely of the installation of modular furniture, unless a permit is required from the Government of the District of Columbia for the lawful installation of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of modular furniture or any affiliated work resulting from such policiesinstallation.
Appears in 1 contract
Samples: Lease Agreement (National Consumer Cooperative Bank /Dc/)
Alterations by Tenant. Except for (i) carpeting, painting and cosmetic alterations, and (ii) non-structural alterations which do not impact or affect any Building systems and do not require plans and/or a building permit, neither of which shall require Landlord’s prior consent, Tenant, upon written notice to Landlord and with Landlord’s prior written consent, which consent shall not be unreasonably withheld or delayed, may make alterations, installations, additions and improvements in and to the Demised Premises at Tenant’s sole expense. All such work performed by Tenant shall be performed in compliance with all applicable Requirements. Tenant may make decorations and erect signs within the Demised Premises not make any alterationsvisible from outside the Demised Premises without Landlord’s prior written consent, renovations, improvements or other installations (collectively “Alterations”) in, on or and Landlord agrees not unreasonably to withhold its consent to any part such decorations and signs that are visible from outside the Demised Premises. All property of whatever kind or nature in or on the Demised Premises (includingowned, without limitation, any alterations installed or paid for by Tenant shall be and remain the property of Tenant and upon the front, signs, structural alterations, termination of this Lease or any cutting or drilling into any part of the Premises or any securing of any fixtureholdover period, apparatus, or equipment of any kind to any part of the Premises) unless and until Tenant shall have caused plans and specifications therefore the option of removing such property or of surrendering such property (including partition systems and/or furniture located in the Demised Premises) to have been preparedLandlord, in either event without any liability to Landlord; provided, however, if any moveable personal property, refuse or rubbish is surrendered, it may be removed by Landlord at Tenant’s expense, by an architect or other duly qualified person and shall have obtained Landlord’s approval thereof. Tenant shall submit exercise its option by giving written notice to Landlord detailed drawings and plans within thirty (30) days prior to the termination of the proposed Alterations at the time Landlord’s approval is soughtthis Lease or any holdover period. If such approval is granted, Tenant shall cause fail to give such notice or shall fail to remove such property upon termination of this Lease or any holdover period, the work described in such plans and specifications property shall be deemed to be performed, at its expense, promptly, efficiently, competently and in a good and workmanlike manner by duly qualified and licensed persons or entities approved by Landlord, using first grade materials. All such work shall comply with all applicable codes, rules, regulations and ordinances. The Tenant shall at all times maintain fire insurance with extended coverage in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements to the Premises by Tenant in the event of fire or extended coverage loss. Tenant shall deliver to the Landlord certificates of such fire insurance policies, which shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiessurrendered.
Appears in 1 contract
Samples: Clipper Realty Inc.
Alterations by Tenant. Tenant shall not make or cause to be made any improvements, alterations, renovationsadditions, improvements changes, replacements or other installations (collectively “Alterations”) into the Demised Premises, on or to make any part cuts in the walls, ceilings, roofs, or floors thereof, or change the exterior color or architectural treatment of the Premises (includingDemised Premises, without limitationon each occasion first obtaining the consent of Landlord, any alterations of the frontand if such consent is granted, signs, structural alterations, or any cutting or drilling into any part of the Premises or any securing of any fixture, apparatus, or equipment of any kind to any part of the Premises) unless and until Tenant shall have caused plans carry such worker's compensation and specifications therefore to have been preparedgeneral liability insurance and such other insurance as Landlord may require, at Tenant’s expense, by naming Landlord as an architect or other duly qualified person and shall have obtained Landlord’s approval thereofadditional insured. Tenant shall submit to Landlord detailed drawings plans and plans of the proposed Alterations specifications for such work at the time Landlord’s approval 's consent is sought. If Any such approval is grantedimprovements, Tenant shall cause the work described in such plans and specifications to alterations, additions, changes, replacements or installations will be performed, at its expense, promptly, efficiently, competently and performed in a good and workmanlike manner by duly qualified in accordance with the approved plans and licensed persons or entities approved by Landlord, using first grade materials. All such work shall comply specifications and in compliance with all applicable codes, rules, regulations Requirements and ordinancesshall be performed and completed by Tenant in an expeditious manner. The Tenant cost of such improvements, alterations, additions, changes, replacements or installations shall be paid in cash or its equivalent so that the Demised Premises shall at all times maintain fire insurance with extended coverage be free of liens for work, labor, services or materials claimed to have been performed or furnished for or on behalf of Tenant or anyone holding any part of the Demised Premises through or under Tenant. All contractors and subcontractors performing work in an amount adequate to cover the cost of replacement of all alterations, decorations, additions or improvements to the Demised Premises shall be approved by Tenant in Landlord prior to the event performance of fire any such work, which consent shall not be unreasonably withheld or extended coverage lossdelayed. Tenant shall deliver have the right to make nonstructural alterations or additions costing, in the aggregate during the Term, not more than $25,000 without the consent of Landlord, provided (a) Tenant shall otherwise comply with the requirements of Section 7.01 including, but not limited to, the carrying of insurance as provided in said Section and the submission to Landlord of the plans and specifications for such alterations or additions and (b) such alterations or additions shall, when completed, be of such a character which will not reduce the value, rentability or usefulness of the Demised Premises or will not affect the facade, mechanical, electrical or structural components of either the Demised Premises or the Shopping Center or which would not reduce the Floor Space of the Demised Premises. All other proposed additions and alterations shall be subject to the Landlord certificates consent of such fire insurance policiesthe Landlord, which consent shall contain a clause requiring the insurer to give the Landlord ten (10) days notice of cancellation of such policiesnot be unreasonably withheld.
Appears in 1 contract
Samples: Dm Management Co /De/
