Common use of Alterations or Improvements Clause in Contracts

Alterations or Improvements. Tenant may make, or may permit to be made, alterations or improvements to the Leased Premises but only if Tenant obtains the prior written consent of Landlord which shall not be unreasonably withheld. Notwithstanding the foregoing, Tenant may make or permit to be made alterations or improvements of a non-structural nature to the Leased Premises without the prior written consent of Landlord to the extent that the cumulative cost of such alterations or improvements does not exceed Twenty-five Thousand Dollars ($25,000.00) in any Lease Year. If Landlord allows Tenant to make any such alterations or improvements, Tenant shall secure all necessary permits and shall make the alterations and improvements in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and quality equal to or better than the original construction of the Building and shall comply with such requirements as Landlord considers necessary or desirable, including without limitation, requirements as to the manner in which and the times at which such work shall be done and the contractor or subcontractors to be selected to perform such work. Landlord's approval of the plans, specifications and working drawings for Tenant's alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All alterations, additions or improvements shall be installed at Tenant's sole expense in compliance with all applicable laws and by a licensed contractor approved in writing by Landlord. Landlord may require tenant to provide Landlord, at Tenant's 13 sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1 1/2) times the estimated cost of such improvements, alterations or additions to insure against any liability for mechanic's and/or materialmen's liens and to insure completion of the work. Any alterations, improvements or utility installations in, on or about the Leased Premises that Tenant shall desire to make shall be presented to Landlord in written form with proposed detailed plans. If Landlord shall give its consent, such consent shall be conditioned upon (i) Tenant's acquiring a permit to do so from appropriate governmental agencies, (ii) the furnishing of a copy thereof to Landlord prior to the commencement of the work, and (iii) the compliance by Tenant of all conditions of said permit in a prompt and expeditious manner. Tenant shall promptly pay all costs attributable to such alterations and improvements. Tenant shall promptly repair any damage to the Leased Premises or the Building caused by any such alterations or improvements. Any alterations or improvements to the Leased Premises paid for by Landlord, except movable office furniture and equipment and trade fixtures, shall become a part to the realty and the property of Landlord, and shall not be removed by Tenant. Tenant has the option to remove alterations or improvements to the Leased Premises paid for by Tenant.

Appears in 1 contract

Samples: Office Lease (Entex Information Services Inc)

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Alterations or Improvements. Tenant may make, shall not make or may permit to be made, alterations of or improvements upon any part of the Premises or additions to the Leased Premises, including Tenant’s initial alterations to the Premises but only if Tenant obtains (collectively, “Alterations”) without first obtaining the prior written consent of Landlord Landlord, which consent shall not be unreasonably withheld. Notwithstanding the foregoingTenant shall at its sole expense and cost, Tenant may make or permit to ensure that all Alterations shall be made alterations or improvements of a non-structural nature to the Leased Premises without the prior written consent of Landlord to the extent that the cumulative cost of such alterations or improvements does not exceed Twenty-five Thousand Dollars ($25,000.00) in any Lease Year. If Landlord allows Tenant to make any such alterations or improvements, Tenant shall secure all necessary permits and shall make the alterations and improvements in accordance with all applicable laws, regulations and building rules, codes, ordinances and regulations in a good and workmanlike manner and in quality equal to or better than the original construction of the Building Premises or Building, and Tenant shall comply with such requirements as Landlord considers reasonably necessary or desirable. Before commencement of any Alterations or delivery of any materials unto the Premises or the Building, including without limitationTenant shall furnish to Landlord, requirements for its prior written approval, which approval shall not be unreasonably withheld, delayed or denied, plans and specifications certified by a licensed architect or engineer approved by Landlord, which approval shall not be unreasonably withheld, delayed or denied, and such other documentation as to Landlord shall reasonably request in connection with the manner in which and the times at which such work shall be done and the contractor or subcontractors to be selected to perform such workAlterations. Landlord's approval of the plans, specifications and working drawings for Tenant's alterations ’s consent to any such Alterations shall create no responsibility or liability on the part of Landlord for their the completeness, design design, sufficiency, or compliance with all laws, rules and rules, codes, ordinances, or regulations of governmental agencies such Alterations or authorities. All alterationsthe plans, additions specifications or improvements shall be installed at Tenant's sole expense in compliance with all applicable laws and by a licensed contractor approved in writing by Landlord. Landlord may require tenant to provide Landlord, at Tenant's 13 sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1 1/2) times the estimated cost of such improvements, alterations or additions to insure against any liability for mechanic's and/or materialmen's liens and to insure completion of the work. Any alterations, improvements or utility installations in, on or about the Leased Premises that Tenant shall desire to make shall be presented to Landlord in written form with proposed detailed plans. If Landlord shall give its consent, such consent shall be conditioned upon (i) Tenant's acquiring a permit to do so from appropriate governmental agencies, (ii) the furnishing of a copy thereof to Landlord prior to the commencement of the work, and (iii) the compliance by Tenant of all conditions of said permit in a prompt and expeditious mannerworking drawings therefor. Tenant shall promptly pay all costs attributable to such alterations Alterations (including, without limitation, Landlord’s reasonable costs of reviewing plans and improvements. Tenant materials submitted to Landlord for approval) and shall promptly repair any damage to the Leased Premises Premises, Building or the Building Common Areas caused by any or resulting from such alterations or improvementsAlterations. Any alterations or improvements to such Alterations shall remain for the Leased Premises paid for by Landlord, except movable office furniture and equipment and trade fixtures, shall become a part to the realty and the property benefit of Landlord, provided, however, that Landlord may elect at the time Landlord grants its approval of any Alterations to be made by Tenant, to require that Tenant, at its expense, remove at the expiration or earlier termination of this Lease all or a portion of the Alterations made by Tenant and repair any damage caused by such removal. Tenant’s obligations under this Section shall survive the expiration or earlier termination of this Lease for a period of one (1) year. Notwithstanding the foregoing, during each Lease Year Tenant shall be permitted to perform non-structural Alterations costing no less than $25,000.00 without Landlord’s consent, but upon notice to Landlord. If Landlord permits Tenant to perform any Alterations, then in addition to the requirements set forth above in this Section 7.3, the following shall apply: (i) prior to the commencement of the Alterations or the delivery of any materials to the Building, Tenant shall submit to Landlord, for Landlord’s approval, which approval shall not be removed unreasonably withheld, delayed or denied, copies of the contracts, names, and addresses of all contractors, necessary permits and licenses, certificates of insurance (including, without limitation, Workmen’s Compensation, comprehensive general liability and adequacy of design insurance) and instruments of indemnification and waivers of lien against any and all claims, costs, expenses, damages and liabilities which may arise in connection with the Alterations, all in such form and amount as shall be reasonably satisfactory to Landlord; (ii) all such Alterations shall be done only by contractors or mechanics approved by Landlord (which approval shall not be unreasonably withheld) and at such time and in such manner as Landlord may from time to time reasonably designate; (iii) upon completion of any Alterations, Tenant shall furnish Landlord with as-built plans, contractors’ affidavits, full and final waivers of lien, receipted bills covering all labor and materials expended and used in connection with such Alterations; and (iv) all such Alterations shall comply with all insurance requirements, all laws, ordinances, rules and regulations of all governmental authorities, and all collective bargaining agreements applicable to the Building, and shall be done in a good and workmanlike manner and with the use of good grades of materials. Tenant shall indemnify and save harmless Landlord from all costs, loss or expense in connection with Alterations, unless caused by or due to the negligence or willful misconduct of Landlord, its agents or employees occurring within the scope of their respective employments without negligence on the part of Tenant. No person shall be entitled to any lien directly or indirectly derived through or under Tenant has or through or by virtue of any act or omission of Tenant upon the option to remove alterations Premises for any improvements or improvements fixtures made thereon or installed therein or for or on account of any labor or material furnished to the Leased Premises paid or for or on account of any matter or thing whatsoever; and nothing in this Lease contained shall be construed to constitute a consent by Landlord to the creation of any lien. In the event any lien is filed against the Premises, or any part thereof, for work claimed to have been done for or material claimed to have been furnished to Tenant, Tenant shall cause such lien to be discharged of record within thirty (30) days after filing by bonding or as provided or required by law or in any other lawful manner. Tenant shall indemnify and save harmless Landlord from all costs, losses, expenses, and attorneys, fees in connection with any such lien.

Appears in 1 contract

Samples: Lease (Celldex Therapeutics, Inc.)

Alterations or Improvements. Tenant Lessee may make, or may permit to be made, alterations or improvements to the Leased Premises Premises, but only if Tenant Lessee obtains the prior written consent of Landlord Lessor thereto which shall not be unreasonably withheld. Notwithstanding the foregoing, Tenant may make or permit to be made alterations or improvements of a non-structural nature to the Leased Premises without the prior written consent of Landlord to the extent that the cumulative cost of such alterations or improvements does not exceed Twenty-five Thousand Dollars ($25,000.00) in any Lease Year. If Landlord Lessor allows Tenant Lessee to make any such alterations or improvements, Tenant shall secure all necessary permits and Lessee shall make the alterations and improvements same in accordance with all applicable laws, regulations laws and building codes, in a good and workmanlike manner and in quality equal to or better than the original construction of the Building and shall comply with such requirements as Landlord Lessor considers necessary or desirable, including without limitation, limitation requirements as to the manner in which and the times at which such work shall be done and the contractor or subcontractors to be selected to perform such work. Landlord's approval of the plans, specifications and working drawings for Tenant's alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All alterations, additions or improvements shall be installed at Tenant's sole expense in compliance with all applicable laws and by a licensed contractor approved in writing by Landlord. Landlord may require tenant to provide Landlord, at Tenant's 13 sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1 1/2) times the estimated cost of such improvements, alterations or additions to insure against any liability for mechanic's and/or materialmen's liens and to insure completion of the work. Any alterations, improvements or utility installations in, on or about the Leased Premises that Tenant shall desire to make shall be presented to Landlord in written form with proposed detailed plans. If Landlord shall give its consent, such consent shall be conditioned upon (i) Tenant's acquiring a permit to do so from appropriate governmental agencies, (ii) the furnishing of a copy thereof to Landlord prior to the commencement of the work, and (iii) the compliance by Tenant of all conditions of said permit in a prompt and expeditious manner. Tenant Lessee shall promptly pay all costs attributable to such alterations and improvementsimprovements and shall indemnify Lessor against any mechanics' liens or other liens or claims filed or asserted as a result thereof, as provided in Article X; and shall also indemnify Lessor against any costs or expenses which may be incurred as a result thereof, including cleaning and waste removal; and shall also indemnify Lessor against any costs or expenses which may be incurred as a result of building code violations attributable to such work. Tenant Lessee shall promptly repair any damage to the Leased Premises or the Building caused by any such alterations or improvements. Any alterations or improvements to the Leased Premises paid for by LandlordPremises, except movable office furniture and equipment and trade fixtures, shall become a part to of the realty Building and the property of Landlord, Lessor and shall not be removed by TenantLessee. Tenant has the option to remove alterations or improvements to the Leased Premises paid for by Tenant.Lessor: ---- Page 8 of 15 Forest Green/Ormsxx X Xease Lessee: 11

Appears in 1 contract

Samples: Attornment Agreement (High Speed Access Corp)

Alterations or Improvements. Tenant may makeProvided that any additions, improvements or may permit to be made, alterations or improvements to of non-structural components of the Leased Premises but only if Tenant obtains the prior written consent of Landlord which shall not be unreasonably withheldpermitted under this Section 6.4 does exceed $10,000 on a per project basis. Notwithstanding the foregoing, Tenant may make such additions, improvements or permit to be made alterations or improvements of a non-structural nature components of the Premises without the advance written approval of the Landlord. With regard to all other improvements and alterations of non-structural components of the Premises in excess of $10,000, Tenant hereby agrees to make no additions, improvements or alterations, nor attach or affix any equipment or fixtures to the Leased Premises without or Building without, in each instance, having obtained the prior written consent of Landlord to Tenant's plans and specifications, (which response shall not be unreasonably, withheld or delayed) and also obtaining prior to the extent that the cumulative cost commencement of such alterations or improvements does not exceed Twenty-five Thousand Dollars ($25,000.00any work, any building permit(s) in and approvals which may be required by any Lease Yeargovernmental authority. If Landlord allows Tenant to make any such alterations or improvements, Tenant shall secure all necessary permits and shall make the said improvements or alterations and improvements in accordance with all applicable laws, insurance regulations and building codes, in a good and workmanlike manner and in quality equal to or better than the original construction of the Building Premises and shall comply with such requirements as Landlord considers reasonably necessary or desirable, including including, without limitation, requirements as to the manner in which and the times at which such work shall be done and the contractor or subcontractors to be selected to perform such workdone. Landlord's approval of the plans, specifications and working drawings for Tenant's alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All alterations, additions or improvements shall be installed at Tenant's sole expense in compliance with all applicable laws and by a licensed contractor approved in writing by Landlord. Landlord may require tenant to provide Landlord, at Tenant's 13 sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1 1/2) times the estimated cost of such improvements, alterations No material modifications or additions to insure against any liability for mechanicpreviously approved plans and specifications shall be made without Landlord's and/or materialmen's liens prior written consent, which response shall not be unreasonably withheld or delayed. Tenant further agrees to promptly deliver to Landlord "as built" plans and specifications subsequent to insure the completion of the work. Any alterations, improvements any such alterations or utility installations in, on or about the Leased Premises that Tenant shall desire to make shall be presented to Landlord in written form with proposed detailed plans. If Landlord shall give its consent, such consent shall be conditioned upon (i) Tenant's acquiring a permit to do so from appropriate governmental agencies, (ii) the furnishing of a copy thereof to Landlord prior to the commencement of the work, and (iii) the compliance by Tenant of all conditions of said permit in a prompt and expeditious mannerimprovements. Tenant shall promptly pay all costs attributable to such any alterations and improvementsimprovements performed by or on behalf of Tenant, and shall indemnify Landlord against claims asserted as a result thereof, and against any costs or expense which may be incurred as a result of building code violations attributable to such work. Tenant shall promptly repair any damage to the Leased Premises or the Building caused by any such alterations or improvements. Any alterations or improvements to the Leased Premises paid for by LandlordAll additions, except movable office furniture decorations, fixtures and equipment and (except Tenant's trade fixtures) and improvements in or upon the Premises, shall shall, unless Landlord elects to require their removal, become a part to the realty and the property of Landlord, Landlord and shall not be removed by remain upon the Premises at the termination of this Lease, without compensation, allowance or credit to Tenant. If, upon Landlord's demand, Tenant has does not remove said improvements, Landlord may remove the option same at Tenant's expense, including the cost of restoring the Premises to remove alterations or improvements to the Leased Premises paid for by Tenantits original condition.

Appears in 1 contract

Samples: Lease Agreement (Erico Products Inc)

Alterations or Improvements. Tenant may ACEMS shall not make, or may permit to be made, any alterations or improvements to the Leased Premises but only if Tenant (including, without limitation, telecommunications, data transmission and other wiring), unless ACEMS obtains the prior written consent of Landlord which shall not be unreasonably withheldMeridian. Notwithstanding the foregoing, Tenant may make or permit to be made Any and all alterations or improvements of a non-structural nature to the Leased Premises without the prior written consent of Landlord to the extent that the cumulative cost of such alterations or improvements does not exceed Twenty-five Thousand Dollars ($25,000.00) in any Lease Year. If Landlord allows Tenant to make any such alterations or improvements, Tenant shall secure all necessary permits and shall make the alterations and improvements be made in accordance with all applicable laws, regulations laws and building codes, in a good and workmanlike manner and in quality equal to or better than the original construction of the Building Premises and shall comply with such requirements as Landlord Meridian considers necessary or desirable, including without limitation, requirements as to the manner set forth in which and the times at which such work shall be done and the contractor or subcontractors to be selected to perform such workwriting. Landlord's approval of the plans, specifications and working drawings for Tenant's alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All alterations, additions or improvements shall be installed at Tenant's sole expense in compliance with all applicable laws and by a licensed contractor approved in writing by Landlord. Landlord may require tenant to provide Landlord, at Tenant's 13 sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1 1/2) times the estimated cost of such improvements, alterations or additions to insure against any liability for mechanic's and/or materialmen's liens and to insure completion of the work. Any alterations, improvements or utility installations in, on or about the Leased Premises that Tenant shall desire to make shall be presented to Landlord in written form with proposed detailed plans. If Landlord shall give its consent, such consent shall be conditioned upon (i) Tenant's acquiring a permit to do so from appropriate governmental agencies, (ii) the furnishing of a copy thereof to Landlord prior to the commencement of the work, and (iii) the compliance by Tenant of all conditions of said permit in a prompt and expeditious manner. Tenant ACEMS shall promptly pay all costs attributable to such alterations and improvementsimprovements and shall indemnify Meridian against any mechanics’ liens or other liens or claims filed or asserted as a result thereof and against any costs or expenses which may be incurred as a result of building code violations, attributable to such work. Tenant ACEMS shall promptly repair any damage to the Leased Premises or the Building caused by any such alterations or improvements. Any alterations or improvements to the Leased Premises paid for by LandlordPremises, except movable office furniture and equipment and trade fixtures, shall become a part to of the realty and the property of LandlordMeridian, and shall not be removed by TenantACEMS, unless Meridian requires that they be removed by ACEMS, in which case, ACEMS shall be required to restore the Premises to their condition prior to such alteration or improvement, normal wear and tear excepted. Tenant has the option ACEMS shall be deemed to have abandoned any improvements, furnishings and equipment that it is entitled to remove but which it fails to remove within thirty (30) days of the expiration or termination of this Agreement, and upon abandonment, such property shall be the property of Meridian. ACEMS shall not make any changes or alterations or improvements to the Leased Premises paid for and/or the passageways, pedestrian walkways, sidewalks and parking at Station Seven which would have the effect of making the improvements in and near the building cease to be in compliance with the AMERICANS WITH DISABILITIES ACT OF 1990, Public Law No. 101-336, 42 USC 12101 et. seq. as it may be amended from time to time (the "ADA"). ACEMS shall not enter into any change of use of the Premises, whether approved by TenantMeridian or not, if such change in use would result in increased liability of Meridian under the ADA, or any shifting of liability between ACEMS and Meridian as a result of any such change of use.

Appears in 1 contract

Samples: mccmeetingspublic.blob.core.usgovcloudapi.net

Alterations or Improvements. During the Term, Tenant may makeshall have the right to make such alterations, or may permit to be made, alterations additions or improvements to the Leased Premises but only if (“Improvements”) as deemed necessary or desirable by Tenant, provided that such Improvements are constructed in accordance with the terms and conditions of this subsection (d); provided, however, Tenant obtains the shall not make any Improvements of a structural nature without obtaining Landlord’s prior written consent consent. At the time Tenant desires to make any Improvements with a cost in excess of Landlord which shall not be unreasonably withheld. Notwithstanding the foregoing, Tenant may make or permit to be made alterations or improvements of a non-structural nature to the Leased Premises without the prior written consent of Landlord to the extent that the cumulative cost of such alterations or improvements does not exceed Twenty-five Ten Thousand and no/100 Dollars ($25,000.0010,000.00), Tenant shall submit (i) a general plan or layout to Landlord for Landlord’s review; (ii) an indication of any Structural Improvements which require Landlord’s consent; and (iii) an express written notice that Landlord must notify Tenant within twenty (20) days if Landlord will require Tenant to remove such Improvements prior to the Expiration Date. Within fifteen (15) days following receipt of such plan and notice, Landlord shall notify Tenant in writing if Landlord objects to any Lease Yearsuch Improvements, in which case Tenant may not proceed, and/or if Landlord will require Tenant to remove such Improvements prior to the Expiration Date (“Removal Notice”). If Landlord allows Tenant shall not have the right to make any such alterations Improvements to or improvements, Tenant on the common areas of the Project. All Improvements shall secure all necessary permits and shall make the alterations and improvements be made in accordance compliance with all applicable laws, regulations laws and building codes, in a good and workmanlike manner and in quality equal to or better than the original construction of the Building and shall comply with such requirements as Landlord considers necessary or desirable, including without limitation, requirements as to the manner in which and the times at which such work shall be done and the contractor or subcontractors to be selected to perform such work. Landlord's approval of the plans, specifications and working drawings for Tenant's alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All alterations, additions or improvements shall be installed at Tenant's sole expense in compliance with all applicable laws and by a licensed contractor approved in writing by Landlord. Landlord may require tenant to provide Landlord, at Tenant's 13 sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1 1/2) times the estimated cost of such improvements, alterations or additions to insure against any liability for mechanic's and/or materialmen's liens and to insure completion of the work. Any alterations, improvements or utility installations in, on or about the Leased Premises that Tenant shall desire to make shall be presented to Landlord in written form with proposed detailed plans. If Landlord shall give its consent, such consent shall be conditioned upon (i) Tenant's acquiring a permit to do so from appropriate governmental agencies, (ii) the furnishing of a copy thereof to Landlord prior to the commencement of the work, and (iii) the compliance by Tenant of all conditions of said permit in a prompt and expeditious mannerPremises. Tenant shall promptly pay all costs attributable to such alterations Improvements and improvementsshall indemnify, defend and hold harmless Landlord from and against any mechanic’s liens or other liens or claims filed or asserted as a result thereof and against any costs or expenses which may be incurred as a result of building code violations attributable to such work. Tenant shall promptly repair any damage to the Leased Premises or the Building Project caused by during the construction of such Improvements. Landlord shall give proper notice to Tenant of any possible claim with respect to which Tenant’s obligation to indemnify, defend and hold harmless Landlord may apply and Tenant shall have the right to defend any such alterations or improvementsclaim with counsel of Tenant’s choosing reasonably acceptable to Landlord. Any alterations or improvements All Improvements made by Tenant to the Leased Premises paid for by Landlord, except movable office furniture and equipment and trade fixtures, during the Term shall become a part to the realty and remain the property of Tenant and Tenant shall be entitled to all depreciation and amortization of costs in connection therewith. All property taxes attributable to such Improvements will be paid by Tenant and not included in Building Expenses. Prior to surrender of the Premises to Landlord, Tenant shall remove any Improvements identified by Landlord for removal in the Removal Notice and, at Landlord’s request provided at least fifteen (15) days prior to the Expiration Date or earlier termination of the Lease, such other Improvements constructed by Tenant during the Term which were not submitted to Landlord for its prior review. Any damage caused by such removal shall be repaired at Tenant’s cost and expense. Notwithstanding the preceding to the contrary, Tenant shall not be removed by Tenant. Tenant has the option have no obligation to remove alterations any Improvements that existed on the Commencement Date, or improvements any Improvements that Tenant installed during the Term and which Landlord did not identify for removal following Landlord’s review of the general plans. In the event Tenant so fails to remove any Improvements that Tenant is obligated to remove, Landlord may have same removed and the Leased Premises paid for by so repaired at Tenant’s expense.

Appears in 1 contract

Samples: Development Building and Conference Center Lease Agreement (Cray Inc)

Alterations or Improvements. Tenant may shall not make, or may nor permit to be made, alterations or improvements to the Leased Premises but only if Premises, unless Tenant obtains the prior written consent of Landlord which shall not be unreasonably withheld. Notwithstanding the foregoing, Tenant may make or permit to be made alterations or improvements of a non-structural nature to the Leased Premises without the prior written consent of Landlord to the extent that the cumulative cost of such alterations or improvements does not exceed Twenty-five Thousand Dollars ($25,000.00) in any Lease Yearthereto. If Landlord allows permits Tenant to make any such alterations or improvements, Tenant shall secure all necessary permits and shall make the alterations and improvements same in accordance with all applicable laws, regulations laws and building codes, in a good and workmanlike manner and in quality equal to or better than the original construction of the Building Project and shall comply with such requirements as Landlord considers necessary or desirable, including without limitationlimitation the provision by Tenant to Landlord with security for the payment of all costs to be incurred in connection with such work, requirements as to the manner in which and the times at which such work shall be done and the contractor or subcontractors to be selected to perform such work. work and the posting and re-posting of notices of Landlord's approval of the plans, specifications and working drawings non-responsibility for Tenant's alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All alterations, additions or improvements shall be installed at Tenant's sole expense in compliance with all applicable laws and by a licensed contractor approved in writing by Landlord. Landlord may require tenant to provide Landlord, at Tenant's 13 sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1 1/2) times the estimated cost of such improvements, alterations or additions to insure against any liability for mechanic's and/or materialmen's liens and to insure completion of the work. Any alterations, improvements or utility installations in, on or about the Leased Premises that Tenant shall desire to make shall be presented to Landlord in written form with proposed detailed plans. If Landlord shall give its consent, such consent shall be conditioned upon (i) Tenant's acquiring a permit to do so from appropriate governmental agencies, (ii) the furnishing of a copy thereof to Landlord prior to the commencement of the work, and (iii) the compliance by Tenant of all conditions of said permit in a prompt and expeditious mannermechanics' liens. Tenant shall promptly pay all costs attributable to such alterations and improvementsimprovements and shall indemnify, defend and hold harmless Landlord from and against any mechanic's liens or other liens or claims filed or asserted as a result thereof and against any costs or expenses which may be incurred as a result of building code violations attributable to such work. Tenant shall promptly repair any damage to the Leased Premises or the Building Project caused by any such alterations or improvements. Any alterations or improvements to the Leased Premises paid for by LandlordPremises, except movable office furniture and equipment and trade fixtures, shall at Landlord's election, either (i) become a part to of the realty and the property of Landlord, and shall not be removed by Tenant, or (ii) be removed by Tenant upon the expiration or sooner termination hereof and any damage caused thereby repaired at Tenant's cost and expense. In the event Tenant has the option so fails to remove alterations same, Landlord may have same removed and the Premises so repaired at Tenant's expense. At Landlord's election, Landlord and Landlord's architect, engineers or improvements contractors shall have the right to supervise all construction operations within the Leased Premises paid for by TenantPremises, and Tenant shall promptly pay Landlord the cost of such supervision.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Behringer Harvard Reit I Inc)

Alterations or Improvements. Tenant may make, or may permit to be made, alterations or improvements to the Leased Premises (collectively, “Alterations”), but only if Tenant obtains the prior written consent of Landlord Landlord, which consent shall not be unreasonably withheld. Notwithstanding , delayed or conditioned, after furnishing to Landlord the foregoing, Tenant may make or permit to be made alterations or improvements of a non-structural nature to plans and specifications for the Leased Premises without the prior written consent of Landlord Alterations (to the extent that the cumulative cost of plans and specifications are required in order to obtain a building permit for such alterations or improvements does not exceed Twenty-five Thousand Dollars ($25,000.00) in any Lease YearAlterations). If Landlord allows Tenant to make any such alterations or improvementsAlterations, Tenant shall secure all necessary permits and shall make the alterations and improvements same in accordance with all applicable laws, regulations Applicable Law and building codes, in a good and workmanlike manner and in quality equal to or better than the original construction of the Building and shall comply with such requirements as Landlord considers necessary or desirable, including without limitation, limitation requirements as to the manner in which and the times at which such work shall be done and the licensed and insured contractor or subcontractors to be selected to perform such work. Landlord's approval of Tenant may not puncture the plans, specifications and working drawings for Tenant's alterations shall create no responsibility roof or liability on interfere with the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All alterations, additions or improvements shall be installed at Tenant's sole expense in compliance with all applicable laws and by a licensed contractor approved in writing by sprinkler system without specific written permission from Landlord. Landlord may require tenant to provide Landlord, at Tenant's 13 sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1 1/2) times the estimated cost of such improvements, alterations or additions to insure against any liability for mechanic's and/or materialmen's liens and to insure Upon completion of the work. Any alterationsany such Alterations, improvements or utility installations in, on or about the Leased Premises that Tenant shall desire to make shall be presented to provide Landlord in written form with proposed detailed plans. If Landlord shall give its consent, such consent shall be conditioned upon (i) Tenant's acquiring a permit to do so from appropriate governmental agencies, (ii) the furnishing “as built” plans and proof of a copy thereof to Landlord prior to the commencement of the work, payment for all labor and (iii) the compliance by Tenant of all conditions of said permit in a prompt and expeditious mannermaterials. Tenant shall promptly pay all costs attributable to such alterations Alterations and improvementsshall indemnify Landlord against any construction and mechanics’ liens or other liens or claims filed or asserted as a result thereof, as provided in Article X; and shall also indemnify Landlord against any costs or expenses which may be incurred as a result thereof, as provided in Article X; and shall also indemnify Landlord against any costs or expenses which may be incurred as a result of building code violations attributable to any Alterations. Tenant shall promptly repair any damage to the Leased Premises or the Building caused by any such alterations or improvementsAlterations. Any alterations or improvements to the Leased Premises paid for by LandlordAlterations, except movable office furniture furniture, computers, equipment, trade fixtures and equipment and trade fixturesall other personal property, shall become a part to of the realty and the property of Landlord, Landlord and shall not be removed by Tenant. Tenant has shall abide by the option requirements of the Construction Lien Law of the State of Florida with respect to remove alterations or improvements all Alterations, and any Notice of Commencement filed by Tenant shall include the language set forth in Section 10.02 hereof. Notwithstanding the foregoing, Tenant shall, without Landlord’s consent (but with notice to Landlord describing such Alterations in reasonable detail) have the Leased Premises paid for by Tenantright to perform Alterations which (i) are non-structural interior Alterations that do not require connection to any Building systems and which cost no more than $7.50 per rentable square foot in the aggregate during any year of the Term, and (ii) are cosmetic Alterations, such as painting and carpeting.

Appears in 1 contract

Samples: Office Lease Agreement (Twinlab Consolidated Holdings, Inc.)

Alterations or Improvements. Tenant may make, or may permit to be made, alterations or improvements to the Leased Premises Premises, but only major exterior and structoral alterations if Tenant obtains the prior written consent of Landlord thereto, which shall not be unreasonably withheld, delayed or conditioned. Notwithstanding the foregoing, Tenant may make or permit interior changes relating to be made alterations or improvements of a painting, wallpaper, carpeting and other cosmetic changes (“Cosmetic Changes”) and non-structural nature to the Leased Premises interior alterations without the prior written consent of Landlord to the extent that the cumulative cost of such alterations or improvements does not exceed Twenty-five Thousand Dollars ($25,000.00) in any Lease YearLandlord’s consent. If Landlord allows Tenant to make any such alterations or improvements, Tenant shall secure all necessary permits and shall make the alterations and improvements in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and quality equal to or better than the original construction of the Building and shall comply with such requirements as Landlord considers necessary or desirable, including without limitation, requirements as to the manner in which and the times at which such work shall be done and the contractor or subcontractors to be selected to perform such workBuilding. Landlord's ’s approval of the plans, specifications and working drawings for Tenant's ’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All alterations, additions or improvements shall be installed at Tenant's ’s sole expense in compliance with all applicable laws Laws and by a licensed contractor approved in writing by Landlord. Landlord may require tenant to provide Landlord, at Tenant's 13 sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1 1/2) times the estimated cost of such improvements, alterations or additions to insure against any liability for mechanic's and/or materialmen's liens and to insure completion of the workcontractor. Any alterations, improvements or utility installations in, on or about the Leased Premises that Tenant shall desire to make which require Landlord’s consent shall be presented to Landlord in written form with proposed detailed plans. If Landlord shall give its consent, such consent shall be conditioned upon (i) Tenant's acquiring a permit to do so from appropriate governmental agencies, (ii) the furnishing of a copy thereof to Landlord prior to the commencement of the work, and (iii) the compliance by Tenant of all conditions of said permit in a prompt and expeditious manner. Tenant shall promptly pay all costs attributable to such alterations and improvements. Tenant shall promptly repair any damage to the Leased Premises or the Building caused by any such alterations or improvements. Any alterations or improvements to the Leased Premises paid for by Landlord, except movable office furniture Tenant’s furniture, equipment, furnishings, fixtures and equipment and trade fixturesother personal property, shall become a part to of the realty and the property of Landlord, and shall not be removed by Tenant. Subject to Section 2.04, Tenant has the option option, but not the obligation, to remove alterations or improvements to the Leased Premises paid for by Tenant, provided Tenant shall repair any damage to the Leased Premises caused by such removal. For purposes of this Section 7.03, “Major” shall mean an alteration or improvement where the cost of such alteration or improvement exceeds one hundred thousand and 00/100 dollars ($100,000.00).

Appears in 1 contract

Samples: Lease (Arhaus, Inc.)

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Alterations or Improvements. Tenant may shall not make, or may nor permit to be made, alterations or improvements to the Leased Premises but only if Premises, unless Tenant obtains the prior written consent of Landlord which shall not be unreasonably withheld. Notwithstanding the foregoing, Tenant may make or permit to be made alterations or improvements of a non-structural nature to the Leased Premises without the prior written consent of Landlord to the extent that the cumulative cost of such alterations or improvements does not exceed Twenty-five Thousand Dollars ($25,000.00) in any Lease Yearthereto. If Landlord allows permits Tenant to make any such alterations or improvements, Tenant shall secure all necessary permits and shall make the alterations and improvements same in accordance with all applicable laws, regulations laws and building codes, in a good and workmanlike manner and in quality equal to or better than the original construction of the Building and shall comply with such requirements as Landlord considers necessary or desirable, including without limitationlimitation the provision by Tenant to Landlord with security for the payment of all costs to be incurred in connection with such work, requirements as to the manner in which and the times at which such work shall be done and the contractor or subcontractors to be selected to perform such workwork and the posting and. re-posting of notices of Landlord's approval of the plans, specifications and working drawings ’s non-responsibility for Tenant's alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All alterations, additions or improvements shall be installed at Tenant's sole expense in compliance with all applicable laws and by a licensed contractor approved in writing by Landlord. Landlord may require tenant to provide Landlord, at Tenant's 13 sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1 1/2) times the estimated cost of such improvements, alterations or additions to insure against any liability for mechanic's and/or materialmen's liens and to insure completion of the work. Any alterations, improvements or utility installations in, on or about the Leased Premises that Tenant shall desire to make shall be presented to Landlord in written form with proposed detailed plans. If Landlord shall give its consent, such consent shall be conditioned upon (i) Tenant's acquiring a permit to do so from appropriate governmental agencies, (ii) the furnishing of a copy thereof to Landlord prior to the commencement of the work, and (iii) the compliance by Tenant of all conditions of said permit in a prompt and expeditious mannermechanics’ liens. Tenant shall promptly pay all costs attributable to such alterations and improvementsimprovements and shall indemnify, defend and hold harmless Landlord from and against any mechanics’ liens or other liens or claims filed or asserted as a result thereof and against any costs or expenses which may be incurred as a result of building code violations attributable to such work. Tenant shall promptly repair any damage to the Leased Premises or the Building caused by any such alterations or improvements. Any alterations or improvements to the Leased Premises paid for by LandlordPremises, except movable office furniture and equipment and trade fixtures, shall shall, at Landlord’s election, either (i) become a part to of the realty and the property of Landlord, -and shall not be removed by Tenant, or (ii) be removed by Tenant upon the expiration or sooner termination hereof and any damage caused thereby repaired at Tenant’s cost and expense. In the event Tenant has the option so fails to remove alterations same, Landlord may have same removed and the Premises so repaired at Tenant’s expense. At Landlord’s election, Landlord and Landlord’s architect, engineers or improvements contractors shall have the right to supervise all construction operations within the Leased Premises paid for by TenantPremises, and Tenant shall promptly pay Landlord the cost of such supervision.

Appears in 1 contract

Samples: Office Lease (Endocyte Inc)

Alterations or Improvements. Tenant may shall not make, or may nor permit to be made, alterations or improvements to the Leased Premises but only if Premises, unless Tenant obtains the prior written consent of Landlord which thereto, which, except as provided in the next sentence, shall not be unreasonably withheldwithheld or delayed. Notwithstanding Landlord may approve or disapprove, in Landlord’s discretion, any improvements proposed by Tenant which may affect the foregoingelectrical, plumbing, HVAC or other building systems, provided, however, Landlord shall not arbitrarily disapprove improvements proposed by Tenant may make or permit to be made alterations or improvements of a non-structural nature to if the Leased Premises without the prior written consent of Landlord to the extent that the cumulative cost of such alterations or improvements work does not exceed Twenty-five Thousand Dollars ($25,000.00) materially and adversely affect building systems or other tenants in any Lease Yearthe Project. If Landlord allows permits Tenant to make any such alterations or improvements, Tenant shall secure all necessary permits and shall make the alterations and improvements same in accordance with all applicable laws, regulations laws and building codes, in a good and workmanlike manner and in quality equal to or better than the original construction of the Building Project and shall comply with such requirements as Landlord considers reasonably necessary or desirable, including without limitationlimitation the provision by Tenant to Landlord with security for the payment of all costs to be incurred in connection with such work, requirements as to the manner in which and the times at which such work shall be done and the contractor or subcontractors to be selected to perform such work. work and the posting and re-posting of notices of Landlord's approval of the plans, specifications and working drawings ’s non-responsibility for Tenant's alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All alterations, additions or improvements shall be installed at Tenant's sole expense in compliance with all applicable laws and by a licensed contractor approved in writing by Landlord. Landlord may require tenant to provide Landlord, at Tenant's 13 sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1 1/2) times the estimated cost of such improvements, alterations or additions to insure against any liability for mechanic's and/or materialmen's liens and to insure completion of the work. Any alterations, improvements or utility installations in, on or about the Leased Premises that Tenant shall desire to make shall be presented to Landlord in written form with proposed detailed plans. If Landlord shall give its consent, such consent shall be conditioned upon (i) Tenant's acquiring a permit to do so from appropriate governmental agencies, (ii) the furnishing of a copy thereof to Landlord prior to the commencement of the work, and (iii) the compliance by Tenant of all conditions of said permit in a prompt and expeditious mannermechanics’ liens. Tenant shall promptly pay all costs attributable to such alterations and improvementsimprovements and shall indemnify, defend and hold harmless Landlord from and against any mechanic’s liens or other liens or claims filed or asserted as a result thereof and against any costs or expenses which may be incurred as a result of building code violations attributable to such work. Tenant shall promptly repair any damage to the Leased Premises or the Building Project caused by any such alterations or improvements. Any alterations or improvements to the Leased Premises paid for by LandlordPremises, except movable office furniture and equipment and trade fixtures, shall at Landlord’s election, either (i) become a part to of the realty and the property of Landlord, and shall not be removed by Tenant, or (ii) be removed by Tenant upon the expiration or sooner termination hereof and any damage caused thereby repaired at Tenant’s cost and expense if Landlord has so required such removal at the time Tenant seeks consent for the work. In the event Tenant has the option so fails to remove alterations same, Landlord may have same removed and the Premises so repaired at Tenant’s expense. At Landlord’s election, Landlord and Landlord’s architect, engineers or improvements contractors shall have the right to supervise all construction operations within the Leased Premises paid for by TenantPremises, and Tenant shall promptly pay Landlord’s Costs of such supervision.

Appears in 1 contract

Samples: Lease (Vital Images Inc)

Alterations or Improvements. During the Term, Tenant may makeshall have the right to make such alterations, or may permit to be made, alterations additions or improvements to the Leased Premises but only if ("Improvements") as deemed necessary or desirable by Tenant, provided that such Improvements are constructed in accordance with the terms and conditions of this subSection (d); provided, however, Tenant obtains the shall not make any Improvements of a structural nature without obtaining Landlord's prior written consent consent. At the time Tenant desires to make any Improvements with a cost in excess of Landlord which shall not be unreasonably withheld. Notwithstanding the foregoing, Tenant may make or permit to be made alterations or improvements of a non-structural nature to the Leased Premises without the prior written consent of Landlord to the extent that the cumulative cost of such alterations or improvements does not exceed Twenty-five Ten Thousand and no/100 Dollars ($25,000.0010,000.00), Tenant shall submit (i) a general plan or layout to Landlord for Landlord's review ; (ii) an indication of any Structural Improvements which require Landlord' s consent; and (iii) an express written notice that Landlord must notify Tenant within twenty (20) days if Landlord will require Tenant to remove such Improvements prior to the Expiration Date. Within fifteen (15) days following receipt of such plan and notice, Landlord shall notify Tenant in writing if Landlord objects to any Lease Yearsuch Improvements, in which case Tenant may not proceed, and/or if Landlord will require Tenant to remove such Improvements prior to the Expiration Date ("Removal Notice"). If Landlord allows Tenant shall not have the right to make any such alterations Improvements to or improvements, Tenant on the common areas of the Project. All Improvements shall secure all necessary permits and shall make the alterations and improvements be made in accordance compliance with all applicable laws, regulations laws and building codes, in a good and workmanlike manner and in quality equal to or better than the original construction of the Building and shall comply with such requirements as Landlord considers necessary or desirable, including without limitation, requirements as to the manner in which and the times at which such work shall be done and the contractor or subcontractors to be selected to perform such work. Landlord's approval of the plans, specifications and working drawings for Tenant's alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All alterations, additions or improvements shall be installed at Tenant's sole expense in compliance with all applicable laws and by a licensed contractor approved in writing by Landlord. Landlord may require tenant to provide Landlord, at Tenant's 13 sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1 1/2) times the estimated cost of such improvements, alterations or additions to insure against any liability for mechanic's and/or materialmen's liens and to insure completion of the work. Any alterations, improvements or utility installations in, on or about the Leased Premises that Tenant shall desire to make shall be presented to Landlord in written form with proposed detailed plans. If Landlord shall give its consent, such consent shall be conditioned upon (i) Tenant's acquiring a permit to do so from appropriate governmental agencies, (ii) the furnishing of a copy thereof to Landlord prior to the commencement of the work, and (iii) the compliance by Tenant of all conditions of said permit in a prompt and expeditious mannerPremises. Tenant shall promptly pay all costs attributable to such alterations Improvements and improvementsshall indemnify, defend and hold harmless Landlord from and against any mechanic's liens or other liens or claims filed or asserted as a result thereof and against any costs or expenses which may be incurred as a result of building code violations attributable to such work. Tenant shall promptly repair any damage to the Leased Premises or the Building Project caused by during the construction of such Improvements. Landlord shall give proper notice to Tenant of any possible claim with respect to which Tenant's obligation to indemnify, defend and hold harmless Landlord may apply and Tenant shall have the right to defend any such alterations or improvementsclaim with counsel of Tenant's choosing reasonably acceptable to Landlord. Any alterations or improvements All Improvements made by Tenant to the Leased Premises paid for by Landlord, except movable office furniture and equipment and trade fixtures, during the Term shall become a part to the realty and remain the property of Tenant and Tenant shall be entitled to all depreciation and amortization of costs in connection therewith. All property taxes attributable to such Improvements will be paid by Tenant and not included in Building Expenses. Prior to surrender of the Premises to Landlord, Tenant shall remove any Improvements identified by Landlord for removal in the Removal Notice and, at Landlord's request provided at least fifteen (15) days prior to the Expiration Date or earlier termination of the Lease, such other Improvements constructed by Tenant during the Term which were not submitted to Landlord for its prior review. Any damage caused by such removal shall be repaired at Tenant's cost and expense. Notwithstanding the preceding to the contrary, Tenant shall not be removed by Tenant. Tenant has the option have no obligation to remove alterations any Improvements that existed on the Commencement Date, or improvements any Improvements that Tenant installed during the Term and which Landlord did not identify for removal following Landlord's review of the general plans. In the event Tenant so fails to remove any Improvements that Tenant is obligated to remove, Landlord may have same removed and the Leased Premises paid for by so repaired at Tenant's expense.

Appears in 1 contract

Samples: Conference Center Lease Agreement (Cray Inc)

Alterations or Improvements. Except for alterations, additions or improvements that (i) cost less than $25,000.00 in the aggregate, (ii) are non-structural in nature, (iii) do not require a building permit and (iv) do not adversely affect the Building Systems, Tenant may shall not make, or may nor permit to be made, alterations or improvements to the Leased Premises but only if Premises, unless Tenant obtains the prior written consent of Landlord thereto which approval shall not be unreasonably withheld. Notwithstanding the foregoing, Tenant may make conditioned or permit to be made alterations or improvements of a non-structural nature to the Leased Premises without the prior written consent of Landlord to the extent that the cumulative cost of such alterations or improvements does not exceed Twenty-five Thousand Dollars ($25,000.00) in any Lease Yeardelayed. If Landlord allows permits Tenant to make any such alterations or improvements, Tenant shall secure all necessary permits and shall make the alterations and improvements same in accordance with all applicable laws, regulations laws and building codes, in a good and workmanlike manner and in quality equal to or better than the original construction of the Building and shall comply with such requirements as Landlord considers reasonably necessary or desirable, including without limitationlimitation the provision by Tenant to Landlord with security for the payment of all costs to be incurred in connection with such work, requirements as to the manner in which and the times at which such work shall be done and the contractor or subcontractors to be selected to perform such work. work and the posting and re-posting of notices of Landlord's approval of the plans, specifications and working drawings ’s non-responsibility for Tenant's alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All alterations, additions or improvements shall be installed at Tenant's sole expense in compliance with all applicable laws and by a licensed contractor approved in writing by Landlord. Landlord may require tenant to provide Landlord, at Tenant's 13 sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1 1/2) times the estimated cost of such improvements, alterations or additions to insure against any liability for mechanic's and/or materialmen's liens and to insure completion of the work. Any alterations, improvements or utility installations in, on or about the Leased Premises that Tenant shall desire to make shall be presented to Landlord in written form with proposed detailed plans. If Landlord shall give its consent, such consent shall be conditioned upon (i) Tenant's acquiring a permit to do so from appropriate governmental agencies, (ii) the furnishing of a copy thereof to Landlord prior to the commencement of the work, and (iii) the compliance by Tenant of all conditions of said permit in a prompt and expeditious mannermechanics’ liens. Tenant shall promptly pay all costs attributable to such alterations and improvementsimprovements and shall release or cause to be bonded off any mechanics’ liens or other liens or claims filed or asserted as a result thereof and against any costs or expenses which may be incurred as a result of building code violations attributable to such work. Tenant shall promptly repair any damage to the Leased Premises or the Building caused by any such alterations or improvements. Any alterations or improvements to the Leased Premises paid for by LandlordPremises, except movable office furniture and equipment and trade fixturesfixtures (including any of Tenant’s manufacturing equipment), shall shall, at Landlord’s election, either (i) become a part to of the realty and the property of Landlord, Landlord and shall not be removed by Tenant, or, (ii) upon thirty (30) days prior written notice to Tenant, be removed by Tenant upon the expiration or sooner termination hereof and any damage caused thereby repaired at Tenant’s cost and expense. In the event Tenant has the option so fails to remove alterations or improvements to same, Landlord may have same removed and the Leased Premises paid for by so repaired at Tenant.’s expense. COMMERCIAL LEASE

Appears in 1 contract

Samples: Commercial Lease (Interphase Corp)

Alterations or Improvements. Tenant may make, or may permit shall not be permitted to be made, make any alterations or improvements to of the Leased Premises but only if Tenant obtains that (i) affect the prior written consent Building structure or any Building system, or (ii) result in any changes to the exterior of the Building or to the Land, unless and until the plans have been approved in advance by Landlord which in writing. Such approval shall not be unreasonably withheld, conditioned or delayed. Notwithstanding As a condition of any approval required hereunder, Landlord may require Tenant to remove the foregoingalterations and repair any damage to the Project upon expiration or earlier termination of this Lease, Tenant may make provided Landlord earmarks or permit identifies at the time of consent and prior to be made installation, any alterations or improvements that must be removed at the end of a non-structural nature to the Leased Premises without the prior written consent of Landlord to the extent that the cumulative cost of such alterations or improvements does not exceed Twenty-five Thousand Dollars ($25,000.00) in any Lease YearTerm. If Landlord allows Tenant consents to make any such Tenant’s performance of alterations or improvementsadditions to the Project or if consent is not required under this Section 7.02, then Tenant shall secure ensure that all necessary permits and shall make the alterations and improvements which are made or necessitated thereby shall be made in accordance with all applicable laws, regulations and building codesLaws, in a good and workmanlike manner and in quality equal to or better than the original construction of the Building and shall comply with such reasonable requirements as Landlord considers necessary or desirable, including without limitation, requirements as to the manner in which and the times at which such work shall be done and the contractor or subcontractors to be selected to perform such work. Landlord's ’s approval of the plans, specifications and working drawings for Tenant's ’s alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all laws, rules and regulations of governmental agencies or authorities. All alterations, additions or improvements shall be installed at Tenant's sole expense in compliance with all applicable laws and by a licensed contractor approved in writing by Landlord. Landlord may require tenant to provide Landlord, at Tenant's 13 sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1 1/2) times the estimated cost of such improvements, alterations or additions to insure against any liability for mechanic's and/or materialmen's liens and to insure completion of the work. Any alterations, improvements or utility installations in, on or about the Leased Premises that Tenant shall desire to make shall be presented to Landlord in written form with proposed detailed plans. If Landlord shall give its consent, such consent shall be conditioned upon (i) Tenant's acquiring a permit to do so from appropriate governmental agencies, (ii) the furnishing of a copy thereof to Landlord prior to the commencement of the work, and (iii) the compliance by Tenant of all conditions of said permit in a prompt and expeditious manner. Tenant shall promptly pay all costs attributable to such alterations and improvements. Tenant shall promptly repair any damage to the Leased Premises or the Building caused by any such alterations or improvements. Any alterations or improvements to the Leased Premises paid for by LandlordPremises, except movable office furniture and equipment equipment, machinery and all generators and trade fixtures, shall become a part to of the realty and the property of Landlord, and shall not be removed by Tenant; provided that Tenant may remove upgrades to existing systems, which are installed by Tenant as alterations, provided that Tenant restores original systems to the condition that existed prior to such alteration, and Tenant may remove additions to existing systems made by Tenant as alterations provided that such removal does not materially and adversely affect the operation of such system as it existed prior to such additions. No person shall be entitled to any lien derived through or under Tenant has the option to remove alterations for any labor or improvements material furnished to the Leased Premises paid Premises, and nothing in this Lease shall be construed to constitute Landlord’s consent to the creation of any lien. If any lien is filed against the Land for by work claimed to have been done for or material claimed to have been furnished to Tenant, Tenant shall cause such lien to be discharged of record within thirty (30) days after Tenant becomes aware of such filing. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys’ fees in connection with any construction or alteration and any related lien.

Appears in 1 contract

Samples: Lease Agreement (Alliance Data Systems Corp)

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