Common use of Alterations to Premises Clause in Contracts

Alterations to Premises. Tenant shall make no structural or interior alterations to the Premises. If Tenant requests such alterations and such alterations are structural in nature, then Tenant shall provide Landlord with a complete set of construction drawings. If Landlord consents to the alterations, then the Landlord shall determine the actual cost of the work to be done. Tenant may then either agree to pay Landlord to have the work done or withdraw its request for alterations; provided, however, that at Tenant’s request, Landlord shall not unreasonably withhold its consent to allowing Tenant and/or Tenant’s contractors to perform such work. All such alterations are subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Subject to the terms of this paragraph, and notwithstanding any provision of this Lease to the contrary, Landlord agrees to allow Tenant to construct (i) a data center within the Premises and to install equipment (which may include generator, condensers, UPS, etc.) in the Building and around the land surrounding the Building necessary to facilitate the operation of Tenant’s data center, and (ii) an opening in the curtain wall of Floor 1 of Building C, to install two (2) four foot doors within such opening, to improve the outside area for delivery access and to install other improvements (which may include a large dumpster) to the Building and the land surrounding the Building necessary to facilitate the operation of Tenant’s Fulfillment Center. All such alterations shall be performed by Tenant’s contractors (which shall be subject to Landlord’s approval, not to be unreasonably withheld), at Tenant’s sole cost and expense. Notwithstanding the above paragraph, Tenant shall have the right to make nonstructural and nonsystems related alterations (“Tenant Alterations”) up to a value of $15,000.00 per occurrence (not to exceed $60,000 during any 12-month period) without Landlord’s prior written consent (which consent shall not be unreasonably withheld), provided Tenant shall provide notice to Landlord of its intent to make the Tenant Alterations. Such notice shall include a copy of plans and specifications (if such alterations are of a character that would reasonably require plans and specifications) and copies of all permits, if required by the appropriate municipality, and any contracts for such Tenant Alterations. All Tenant Alterations shall be performed by contractors approved by Landlord which approval shall not be unreasonably withheld, and in accordance with all applicable laws and the rules and regulations described in Section 12b.

Appears in 3 contracts

Samples: Office Lease (CBaySystems Holdings LTD), Office Lease (Medquist Inc), Office Lease (CBaySystems Holdings LTD)

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Alterations to Premises. 30. Tenant shall will leave the Premises at the end of the Lease term, or any renewal or extension thereof, in as good condition as received, reasonable wear and tear excepted, and will not, without written permission of the Landlord, make no structural any alterations, additions or interior alterations improvements (including painting and papering) to the Premises. If SURRENDER OF PREMISES. 31. Tenant requests agrees to surrender the premises at the termination hereof in like condition as when taken, reasonable wear and tear expected. Tenant will surrender all keys to doors and locks and clean the premises thoroughly including the appliances and windows. Tenant agrees to strip, clean and wax all tile floors in the premises. In the event of the failure to do so, Tenant will pay the cost of the replacement keys and the cost of having such alterations and such alterations are structural in nature, then cleaning done. Any trash left by the Tenant shall provide Landlord with a complete set of construction drawingswill be hauled away at the Tenant's expense. Tenant also agrees that upon vacating tenant is responsible for having all the carpet professionally shampooed. If Landlord consents to determines that the alterationscarpet was not adequately shampooed the Landlord, then at his sole discretion shall have all the Landlord shall determine carpet professionally shampooed at the actual cost of the work to be done. Tenant may then either agree to pay Landlord to have the work done or withdraw its request for alterations; provided, however, that at Tenant’s requestexpense. If Landlord deems that carpet is damaged in any way (i.e. cigarette xxxxx, Landlord shall not unreasonably withhold its consent to allowing Tenant pet and/or Tenant’s contractors to perform such work. All such alterations are subject to the prior written approval of Landlordirremovable odors, which approval shall not be unreasonably withheldnon-cleanable stains, conditioned or delayed. Subject to the terms of this paragraph, and notwithstanding any provision of this Lease to the contrary, Landlord agrees to allow Tenant to construct (i) a data center within the Premises and to install equipment (which may include generator, condensers, UPStears/rips, etc.) then Tenant understands that Landlord will have the carpet replaced at the Tenant’s expense. Tenant understands that the walls are to be in the Building same condition as when the Tenant moved in. Any and around all holes must be patched and walls repainted if necessary. If Landlord determines that the land surrounding premises need painting, the Building necessary to facilitate Landlord at his sole discretion shall have the operation of premises painted at the Tenant’s data centerexpense. Tenant further covenants and agrees that upon the expiration of the said term, or upon the termination of the Lease for any cause, Tenant will remove all personal property not belonging to the Landlord and at once peacefully surrender and deliver all improvements herein to the Landlord, his agents and assigns; Tenant agrees that any property not removed shall be considered as abandoned and Landlord may dispose of the same without being accountable to Tenant for same. Provided that in case any rent shall be due and unpaid or if default shall be made in any of the covenants herein contained, or if said premises shall be abandoned, deserted or vacated, then it shall be lawful for the said Landlord, his agent, attorneys, successors or assigns to take legal action (e.g. re-enter, repossess, evict distain, or any action in compliance with public local laws and laws of the State of Maryland), and (ii) an opening in charge the curtain wall Tenant any incurred court fees and associated costs. In the event of Floor 1 of Building C, to install two (2) four foot doors within such opening, to improve re-entry by the outside area for delivery access and to install other improvements (which may include a large dumpster) to the Building and the land surrounding the Building necessary to facilitate the operation of Tenant’s Fulfillment Center. All such alterations shall be performed by Tenant’s contractors (which shall be subject to Landlord’s approval, not to be unreasonably withheld), at Tenant’s sole cost and expense. Notwithstanding the above paragraphLandlord as herein provided, Tenant shall have the right be liable for damage to make nonstructural and nonsystems related alterations (“Tenant Alterations”) up to a value of $15,000.00 per occurrence (not to exceed $60,000 during any 12-month period) without Landlord’s prior written consent (which consent shall not be unreasonably withheld), provided Tenant shall provide notice to say Landlord of its intent to make for all loss sustained. If the Tenant Alterations. Such notice shall include does not surrender the Premises at the end of the lease term, or any renewal or extension thereof, the Tenant will make good to the Landlord all of the damages which the Landlord suffers as a copy of plans result thereof, and specifications (if such alterations are of a character that would reasonably require plans and specifications) and copies of will further indemnify the Landlord against all permits, if required claims made by succeeding Tenant against the Landlord founded upon delay by the appropriate municipalityLandlord in delivering possession of the Premises to said succeeding Tenant, and any contracts for so far as such delay is caused by the failure of Tenant Alterations. All Tenant Alterations shall be performed by contractors approved by Landlord which approval shall not be unreasonably withheld, and in accordance with all applicable laws and to surrender the rules and regulations described in Section 12bPremises.

Appears in 2 contracts

Samples: Lease, Lease

Alterations to Premises. Tenant Lessee shall not make no any structural or interior non-structural changes or alterations to the Premises. If Tenant requests such alterations and such alterations are structural in nature, then Tenant shall provide Landlord with a complete set of construction drawings. If Landlord consents to the alterations, then the Landlord shall determine the actual cost of the work to be done. Tenant may then either agree to pay Landlord to have the work done or withdraw its request for alterations; provided, however, that at Tenant’s request, Landlord shall not unreasonably withhold its consent to allowing Tenant and/or Tenant’s contractors to perform such work. All such alterations are subject to Premises without the prior written approval of LandlordLessor, which approval may be withheld at the sole and absolute discretion of Lessor. This includes, but is not limited to, any change or alteration which, in the sole discretion of Lessor, impairs the structural soundness or diminishes the value of the building(s) on the Premises; impacts the exterior appearance of the Premises; changes the interior configuration of the Premises; or adversely impacts the functioning of the wiring, plumbing, heating, air conditioning, sewer, or other similar systems. Such approval by Lessor shall commonly require that When performing approved changes or alterations, Lessee shall: (1) procure all required municipal and other governmental permits; (2) perform all work in a good and workmanlike manner and in compliance with all building and zoning laws, including Colorado State Buildings design and code requirements; (3) provide adequate insurance; and (4) provide indemnification against mechanics’ liens. Lessee shall not erect nor install any exterior or interior window or door signs or advertising media or window or door lettering or placards on any portion of the Premises without the prior written consent of Lessor. Xxxxxx agrees not to use any advertising media that shall be unreasonably withhelddeemed objectionable in the reasonable opinion of Xxxxxx, conditioned including, without limitation, loudspeakers that can be heard outside the Premises. Lessee shall not install any exterior lighting or delayed. Subject plumbing fixtures, shades, or awnings, or any exterior decorations or painting, or build any fences or make any changes to the terms outside of this paragraphthe Premises without the prior written consent of Lessor. All alterations, additions, improvements, and notwithstanding fixtures that may be made or installed by either of the parties hereto upon the Premises or improvements thereon and which in any provision manner are attached to the floors, walls or ceilings shall be the property of Lessor and at the termination of this Lease to the contrary, Landlord agrees to allow Tenant to construct (i) a data center within shall remain upon and be surrendered with the Premises and to install equipment (which may include generator, condensers, UPS, etcas a part thereof.) in the Building and around the land surrounding the Building necessary to facilitate the operation of Tenant’s data center, and (ii) an opening in the curtain wall of Floor 1 of Building C, to install two (2) four foot doors within such opening, to improve the outside area for delivery access and to install other improvements (which may include a large dumpster) to the Building and the land surrounding the Building necessary to facilitate the operation of Tenant’s Fulfillment Center. All such alterations shall be performed by Tenant’s contractors (which shall be subject to Landlord’s approval, not to be unreasonably withheld), at Tenant’s sole cost and expense. Notwithstanding the above paragraph, Tenant shall have the right to make nonstructural and nonsystems related alterations (“Tenant Alterations”) up to a value of $15,000.00 per occurrence (not to exceed $60,000 during any 12-month period) without Landlord’s prior written consent (which consent shall not be unreasonably withheld), provided Tenant shall provide notice to Landlord of its intent to make the Tenant Alterations. Such notice shall include a copy of plans and specifications (if such alterations are of a character that would reasonably require plans and specifications) and copies of all permits, if required by the appropriate municipality, and any contracts for such Tenant Alterations. All Tenant Alterations shall be performed by contractors approved by Landlord which approval shall not be unreasonably withheld, and in accordance with all applicable laws and the rules and regulations described in Section 12b.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

Alterations to Premises. Tenant shall not make no structural any additions, alterations or interior alterations improvements to the Premises. If Tenant requests such alterations and such alterations are structural in nature, then Tenant shall provide Landlord with a complete set of construction drawings. If Landlord consents to Premises without first obtaining the alterations, then the Landlord shall determine the actual cost of the work to be done. Tenant may then either agree to pay Landlord to have the work done or withdraw its request for alterations; provided, however, that at Tenant’s request, Landlord shall not unreasonably withhold its written consent to allowing Tenant and/or Tenant’s contractors to perform such work. All such alterations are subject to the prior written approval of Landlord, which approval consent shall not be unreasonably withheld, conditioned or delayed. Subject In the event that Landlord consents to the terms making of this paragraphany additions, and notwithstanding any provision of this Lease alterations or improvements to the contraryPremises by Tenant, Landlord agrees to allow Tenant to construct (i) a data center within the Premises and to install equipment (which may include generator, condensers, UPS, etc.) in the Building and around the land surrounding the Building necessary to facilitate the operation of Tenant’s data center, and (ii) an opening in the curtain wall of Floor 1 of Building C, to install two (2) four foot doors within such opening, to improve the outside area for delivery access and to install other improvements (which may include a large dumpster) to the Building and the land surrounding the Building necessary to facilitate the operation of Tenant’s Fulfillment Center. All such alterations all work shall be performed by Tenant’s contractors (which shall be subject to Landlord’s approval, not to be unreasonably withheld), at Tenant’s sole cost and expense. Notwithstanding the above paragraph, Tenant expense and shall have the right to make nonstructural and nonsystems related alterations (“Tenant Alterations”) up to a value of $15,000.00 per occurrence (not to exceed $60,000 during any 12-month period) without Landlord’s prior written consent (which consent shall not be unreasonably withheld), provided Tenant shall provide notice to Landlord of its intent to make the Tenant Alterations. Such notice shall include a copy of in accordance with plans and specifications (if such alterations are prepared by and at the expense of a character that would reasonably require plans Tenant and specifications) and copies consented to in writing by Landlord prior to the commencement of any work. The identity of all permitscontractors, if required by the appropriate municipality, subcontractors and any contracts materialmen providing labor or material for such Tenant Alterations. All Tenant Alterations said work shall also be performed by contractors approved by Landlord which in writing prior to the commencement of any work, such approval shall not to be unreasonably withheld, conditioned or delayed. Tenant shall procure all necessary permits and approvals, including a building permit, prior to the commencement of any work. During the course of performance of said work, Tenant will carry or cause its contractors to carry workmen’s compensation and such other insurance as may from time to time be required by Landlord for the benefit of Landlord and/or such other parties as Landlord shall designate. Landlord shall require a guaranty by each of Tenant’s prime contractors and materialmen for the benefit of Landlord, Tenant and such other parties as Landlord shall designate, that all work performed and materials furnished by such contractors will conform to the requirements of the plans and specifications as to the kind, quality, function of equipment and characteristics of material and workmanship and will remain so for a period of at least one year from the date that the work has been completed, and in accordance with the event of any deficiency, defects, faults or imperfections of materials, equipment or workmanship which appear prior to the expiration of such period, the contractor upon receiving written notice thereof from Landlord or Tenant will immediately correct and repair the same at the expense of such contractor; said guaranties to be effective whether or not any part of this work has been subcontracted by the contractor. Upon the completion of construction of any such additions, alterations or improvements, Tenant shall pay all applicable laws sums due for such construction and shall require the rules execution of a release of liens by its contractor and regulations described all subcontractors and materialmen. Any alterations, improvements and additions made by Tenant shall remain upon the Premises at the expiration or earlier termination of this Lease and shall become the property of Landlord, unless Landlord shall, at the time Landlord consented to such alterations, improvements or conditions have given written notice to Tenant to remove the same, in Section 12bwhich event Tenant shall remove such alterations, improvements and additions and restore the Premises to the same good order and condition in which they were at the commencement of this Lease, normal wear and tear excepted.

Appears in 1 contract

Samples: Lease Agreement (Dorman Products, Inc.)

Alterations to Premises. Tenant Lessor shall not be obligated after the Commencement Date to make no structural any alterations, additions, improvements or interior alterations decorations to the Premises. If Tenant requests In the event Lessor undertakes any such alterations alterations, additions, improvements or decorations at the request of Lessee, Lessee shall bear the reasonable expense of such work and upon billing therefor, shall promptly remit the amount of such alterations are structural in natureexpense to Lessor. Lessee shall make no alterations, then Tenant shall provide Landlord with a complete set of construction drawings. If Landlord consents additions, improvements or decorations to the alterationsPremises, then or affix or cause to be affixed to the Landlord shall determine Building, the actual cost Premises, or the windows of the work to be done. Tenant may then either agree to pay Landlord to have Building, any sign, insignia or advertising without first obtaining the work done or withdraw its request for alterations; providedwritten consent of Lessor, however, that at Tenant’s request, Landlord provided Lessor shall not unreasonably withhold or condition its consent to allowing Tenant and/or Tenant’s contractors alterations, additions, repairs, improvements, decorations or renovations which Lessee is obligated to perform such workundertake pursuant to Section 3.2 hereof. All such alterations are subject As to any other alterations, additions, improvements or decorations that Lessee may desire to make, Lessor shall not unreasonably withhold or condition its consent to the prior written approval same, provided that the structure of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Subject to the terms of this paragraph, and notwithstanding any provision of this Lease to the contrary, Landlord agrees to allow Tenant to construct (i) a data center within the Premises and to install equipment (which may include generator, condensers, UPS, etc.) in the Building and around the land surrounding the Building necessary to facilitate the operation of Tenant’s data center, and (ii) an opening in the curtain wall of Floor 1 of Building C, to install two (2) four foot doors within is not adversely affected thereby. Any such opening, to improve the outside area for delivery access and to install other improvements (which may include a large dumpster) to the Building and the land surrounding the Building necessary to facilitate the operation of Tenant’s Fulfillment Center. All such alterations work approved by Lessor shall be performed done on behalf of Lessee by Tenant’s contractors (which shall be subject to Landlord’s approval, not to be unreasonably withheld), at Tenant’s sole cost and expense. Notwithstanding the above paragraph, Tenant shall have the right to make nonstructural and nonsystems related alterations (“Tenant Alterations”) up to a value of $15,000.00 per occurrence (not to exceed $60,000 during any 12-month period) without Landlord’s prior written consent (which consent shall not be unreasonably withheld), provided Tenant shall provide notice to Landlord of its intent to make the Tenant Alterations. Such notice shall include a copy of plans and specifications (if such alterations are of a character that would reasonably require plans and specifications) and copies of all permits, if required by the appropriate municipality, and any contracts for such Tenant Alterations. All Tenant Alterations shall be performed by contractors contractor approved by Landlord which approval shall not be unreasonably withheld, Lessor in a good and workmanlike manner and in accordance with all applicable laws local, state and the federal codes, statutes, rules and regulations described regulations. If Lessor grants written permission to Lessee to install or affix any non-standard (as determined by Lessor) signs, insignia or advertising to or upon the Premises or the Building, Lessor shall have the right, but shall not be obligated, to repair and perform maintenance on such sign, insignia or advertising to insure that it is maintained in Section 12ba good and presentable manner in harmony with the rest of the Building, and to charge the reasonable expense of such repair and maintenance to Lessee, to be paid after billing with Lessee’s next immediate Rent payment.

Appears in 1 contract

Samples: Office Sublease Agreement (Targanta Therapeutics Corp.)

Alterations to Premises. Landlord shall not be obligated and Tenant shall not be permitted to make no structural any alterations, additions, repairs, improvements or interior alterations decorations to the Premises except as specifically provided for herein or without advance written consent and approval of the Landlord. Tenant shall not affix or cause to be affixed to the Premises. If Tenant requests such alterations and such alterations are structural in nature, then Tenant shall provide Landlord with a complete set of construction drawings. If Landlord consents to including the alterationswindows, then any sign, advertisement or notice without the Landlord shall determine the actual cost of the work to be done. Tenant may then either agree to pay Landlord to have the work done or withdraw its request for alterations; provided, however, that at Tenant’s request, Landlord shall not unreasonably withhold its advance written consent to allowing Tenant and/or Tenant’s contractors to perform such work. All such alterations are subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Subject to In the terms absence of this paragraph, and notwithstanding any provision of this Lease a written agreement to the contrary, Landlord agrees to allow Tenant to construct (i) all fixtures including those placed in the Premises by the Tenant, except office furniture, portable enclosures and equipment of Tenant, shall become a data center within part of the Premises and to install equipment (which may include generator, condensers, UPS, etc.) shall remain in the Building and around Premises at the land surrounding termination of the Building necessary to facilitate Lease as the operation property of Tenant’s data center, and (ii) an opening in the curtain wall of Floor 1 of Building C, to install two (2) four foot doors within such opening, to improve the outside area for delivery access and to install other improvements (which may include a large dumpster) to the Building and the land surrounding the Building necessary to facilitate the operation of Tenant’s Fulfillment Center. All such alterations shall be performed by Tenant’s contractors (which shall be subject to Landlord’s approval, not to be unreasonably withheld), at Tenant’s sole cost and expense. Notwithstanding the above paragraphforegoing, Tenant shall have the right to make nonstructural demolish and nonsystems related alterations (“remove all interior partitions and other improvements in the Premises so long as Tenant Alterations”) up to a value of $15,000.00 per occurrence (does not to exceed $60,000 during demolish or remove any 12-month period) without Landlord’s prior written consent (which consent shall not be unreasonably withheld)load bearing wall, provided and so long as Tenant shall provide notice to Landlord of its intent to make the Tenant Alterations. Such notice shall include a copy of provides plans and specifications (if such alterations are of a character that would reasonably require to the Landlord for Landlord’s approval, and Landlord has no written objection within 5 days. If Landlord has no response within 5 days or expresses no objection within 5 days, Tenant’s plans and specifications shall be deemed approved and Tenant is free to execute the plans and specifications) . If Landlord objects within 5 days, Landlord’s objection shall contain a detailed description of the elements of the plan that are not acceptable and copies of all permitspotential recommended changes to the plan that would be acceptable. If Landlord’s recommended changes are acceptable to the Tenant, if required the plan including recommended changes shall be deemed approved by Landlord and Tenant is free to execute the appropriate municipalityplans and specifications. If Landlord’s recommended changes are not acceptable to the Tenant, Landlord and any contracts for such Tenant Alterationsagree to discuss alternate plans addressing the Landlord’s concerns. All such work by Tenant Alterations shall be performed by contractors approved by Landlord which approval in a good and workmanlike manner and shall not be unreasonably withheld, and in accordance with all applicable laws and cause harm to the rules and regulations described in Section 12bBuilding or disturb other tenants or occupants of the Building.

Appears in 1 contract

Samples: Lease Agreement (Bioanalytical Systems Inc)

Alterations to Premises. Tenant shall make no structural or interior alterations to the Premises. If Tenant requests such alterations and such alterations are structural in nature, then Tenant shall provide Landlord with a complete set of construction drawings. If Landlord consents to the alterations, then the Landlord shall determine the actual cost of the work to be done. Tenant may then either agree to pay Landlord to have the work done or withdraw its request for alterations; provided, however, that at Tenant’s 's request, Landlord shall not unreasonably withhold its consent to allowing Tenant and/or Tenant’s 's contractors to perform such work. All such alterations are subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Subject to the terms of this paragraph, and notwithstanding any provision of this Lease to the contrary, Landlord agrees to allow Tenant to construct (i) a data center within the Premises and to install equipment (which may include generator, condensers, UPS, etc.) in the Building and around the land surrounding the Building necessary to facilitate the operation of Tenant’s 's data center, and (ii) an opening in the curtain wall of Floor 1 of Building C, to install two (2) four foot doors within such opening, to improve the outside area for delivery access and to install other improvements (which may include a large dumpster) to the Building and the land surrounding the Building necessary to facilitate the operation of Tenant’s 's Fulfillment Center. All such alterations shall be performed by Tenant’s 's contractors (which shall be subject to Landlord’s 's approval, not to be unreasonably withheld), at Tenant’s 's sole cost and expense. Notwithstanding the above paragraph, Tenant shall have the right to make nonstructural and nonsystems related alterations ("Tenant Alterations") up to a value of $15,000.00 per occurrence (not to exceed $60,000 during any 12-month period) without Landlord’s 's prior written consent (which consent shall not be unreasonably withheld), provided Tenant shall provide notice to Landlord of its intent to make the Tenant Alterations. Such notice shall include a copy of plans and specifications (if such alterations are of a character that would reasonably require plans and specifications) and copies of all permits, if required by the appropriate municipality, and any contracts for such Tenant Alterations. All Tenant Alterations shall be performed by contractors approved by Landlord which approval shall not be unreasonably withheld, and in accordance with all applicable laws and the rules and regulations described in Section 12b.

Appears in 1 contract

Samples: Office Lease (Spheris Inc.)

Alterations to Premises. Tenant Lessee shall not make no structural any alteration, addition or interior alterations improvement to the Premises. If Tenant requests such alterations and such alterations are structural in naturePremises or to any fixture, then Tenant shall provide Landlord with a complete set of construction drawings. If Landlord consents to the alterationswiring, then the Landlord shall determine the actual cost of the work to be done. Tenant may then either agree to pay Landlord to have the work done plumbing, lighting, heating, air conditioning or withdraw its request for alterations; provided, however, that at Tenant’s request, Landlord shall not unreasonably withhold its consent to allowing Tenant and/or Tenant’s contractors to perform such work. All such alterations are subject to other equipment therein without the prior written approval consent of LandlordLessor. Lessor shall be entitled to impose any condition to such consent as it may deem necessary or desirable (including, without limitation, the posting of bonds or use of a contractor's and architect's designated or approved by Lessor). Upon completion, Lessee shall deliver to xxx Xxssor a certificate of completion by the architect who supervised the construction, which approval shall not be unreasonably withheldstate that all work has been completed in accordance with the approved plans and specifications, conditioned or delayeda certificate of occupancy as required by any appropriate governmental authority, proof of payment for the improvements, and satisfactory lien waivers. Subject The Lessee shall promptly pay for all work completed and prior to paying any construction draw shall receive lien waivers for all work completed through the period covered by the prior payment to the terms appropriate contractors or materialmen. The Lessee shall indemnify and hold Lessor harmless from any claims for lien waivers whatever and shall, if such lien is claimed, post a bond to remove the effect of such lien from the Premises and/or Project. Unless Lessor requires the removal thereof upon the termination of this paragraphLease, and notwithstanding any provision of this Lease all alterations, additions or improvements to the contraryPremises by Lessee (except movable furniture, Landlord agrees to allow Tenant to construct (iequipment and trade fixtures) shall become a data center within part of the Premises and the property of Lessor immediately upon installation thereof. Any alteration, addition or improvement which Lessee is required or permitted to install remove hereunder, together with any movable furniture, equipment (which may include generatorand trade fixtures, condensers, UPS, etc.) in shall be removed at Lessee's expense upon the Building and around the land surrounding the Building necessary to facilitate the operation termination of Tenant’s data centerthis Lease, and (ii) an opening in the curtain wall of Floor 1 of Building C, to install two (2) four foot doors within such opening, to improve the outside area for delivery access and to install other improvements (which may include a large dumpster) Lessee shall promptly repair any damage to the Building and the land surrounding the Building necessary Premises caused by such removal. Any alteration, addition or improvement to facilitate the operation of Tenant’s Fulfillment Center. All such alterations which Lessor consents shall be performed completed in good and workmanlike manner in accordance with plans, specifications and drawings approved in writing by Tenant’s contractors (which shall be subject to Landlord’s approval, not to be unreasonably withheld), at Tenant’s sole cost and expense. Notwithstanding the above paragraph, Tenant shall have the right to make nonstructural and nonsystems related alterations (“Tenant Alterations”) up to a value of $15,000.00 per occurrence (not to exceed $60,000 during any 12-month period) without Landlord’s prior written consent (which consent shall not be unreasonably withheld), provided Tenant shall provide notice to Landlord of its intent to make the Tenant Alterations. Such notice shall include a copy of plans and specifications (if such alterations are of a character that would reasonably require plans and specifications) and copies of all permits, if required by the appropriate municipality, and any contracts for such Tenant Alterations. All Tenant Alterations shall be performed by contractors approved by Landlord which approval shall not be unreasonably withheldLessor, and in accordance compliance with all applicable laws laws, regulations and the rules codes, and regulations described Lessee shall timely pay all costs and fees incurred by Lessee in Section 12bconnection therewith.

Appears in 1 contract

Samples: Why Usa Financial Group Inc

Alterations to Premises. Landlord shall not be obligated and Tenant shall not be permitted to make no structural any alterations, additions, repairs, improvements or interior alterations decorations to the Premises except as specifically provided for herein or without advance written consent and approval of the Landlord. Tenant shall not affix or cause to be affixed to the Premises. If Tenant requests such alterations and such alterations are structural in nature, then Tenant shall provide Landlord with a complete set of construction drawings. If Landlord consents to including the alterationswindows, then any sign, advertisement or notice without the Landlord shall determine the actual cost of the work to be done. Tenant may then either agree to pay Landlord to have the work done or withdraw its request for alterations; provided, however, that at Tenant’s request, Landlord shall not unreasonably withhold its advance written consent to allowing Tenant and/or Tenant’s contractors to perform such work. All such alterations are subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Subject to In the terms absence of this paragraph, and notwithstanding any provision of this Lease a written agreement to the contrary, Landlord agrees to allow Tenant to construct (i) all fixtures including those placed in the Premises by the Tenant, except office furniture, portable enclosures and equipment of Tenant, shall become a data center within part of the Premises and to install equipment (which may include generator, condensers, UPS, etc.) shall remain in the Building and around Premises at the land surrounding termination of the Building necessary to facilitate Lease as the operation property of Tenant’s data center, and (ii) an opening in the curtain wall of Floor 1 of Building C, to install two (2) four foot doors within such opening, to improve the outside area for delivery access and to install other improvements (which may include a large dumpster) to the Building and the land surrounding the Building necessary to facilitate the operation of Tenant’s Fulfillment Center. All such alterations shall be performed by Tenant’s contractors (which shall be subject to Landlord’s approval, not to be unreasonably withheld), at Tenant’s sole cost and expense. Notwithstanding the above paragraphforegoing, Tenant shall have the right to make nonstructural demolish and nonsystems related alterations (“remove all interior partitions and other improvements in the Premises so long as Tenant Alterations”) up to a value of $15,000.00 per occurrence (does not to exceed $60,000 during demolish or remove any 12-month period) without Landlord’s prior written consent (which consent shall not be unreasonably withheld)load bearing wall, provided and so long as Tenant shall provide notice to Landlord of its intent to make the Tenant Alterations. Such notice shall include a copy of provides plans and specifications (if such alterations are of a character that would reasonably require to the Landlord for Landlord's approval, and Landlord has no written objection within 5 days. If Landlord has no response within 5 days or expresses no objection within 5 days, Tenant's plans and specifications shall be deemed approved and Tenant is free to execute the plans and specifications) . If Landlord objects within 5 days, Landlord's objection shall contain a detailed description of the elements of the plan that are not acceptable and copies of all permitspotential recommended changes to the plan that would be acceptable. If Landlord's recommended changes are acceptable to the Tenant, if required the plan including recommended changes shall be deemed approved by Landlord and Tenant is free to execute the appropriate municipalityplans and specifications. If Landlord's recommended changes are not acceptable to the Tenant, Landlord and any contracts for such Tenant Alterationsagree to discuss alternate plans addressing the Landlord's concerns. All such work by Tenant Alterations shall be performed by contractors approved by Landlord which approval in a good and workmanlike manner and shall not be unreasonably withheld, and in accordance with all applicable laws and cause harm to the rules and regulations described in Section 12bBuilding or disturb other tenants or occupants of the Building.

Appears in 1 contract

Samples: Lease Agreement (Bioanalytical Systems Inc)

Alterations to Premises. Tenant shall make no structural or interior alterations to the PremisesPremises without the prior written approval of Landlord. If Tenant requests such alterations and such alterations are structural in naturealterations, then Tenant shall provide Landlord with a complete set of construction drawings. If Landlord consents to the alterationsrequested alterations are approved by Landlord, then the Landlord shall determine the actual cost of the work to be donedone (to include a construction supervision fee of 5% of the cost of the work). Tenant may then either agree to pay Landlord to have the work done or withdraw its request for alterations; provided, however, that at Tenant’s request, Landlord . The construction supervision fee for the initial tenant improvements shall not unreasonably withhold its consent to allowing Tenant and/or Tenant’s contractors to perform such work. All such alterations are subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Subject to the terms of this paragraph, and notwithstanding any provision of this Lease to the contrary, Landlord agrees to allow Tenant to construct (i) a data center within the Premises and to install equipment (which may include generator, condensers, UPS, etc.) as provided in the Building and around attached Work Letter, if any. Notwithstanding the land surrounding the Building necessary to facilitate the operation of foregoing, Tenant’s data center, and (ii) an opening in the curtain wall of Floor 1 of Building C, to install two (2) four foot doors within such opening, to improve the outside area for delivery access and to install other improvements (which may include a large dumpster) to the Building and the land surrounding the Building necessary to facilitate the operation of Tenant’s Fulfillment Center. All such alterations shall be performed by Tenant’s contractors (which shall be subject to Landlord’s approval, not to be unreasonably withheld), at Tenant’s its sole cost and expense. Notwithstanding the above paragraph, Tenant shall have the right to make nonstructural and nonsystems related interior, non-structural alterations (“Tenant Alterations”) to the Premises of up to a value of $15,000.00 50,000.00 per occurrence (not to exceed $60,000 during any 12-month period) without Landlord’s the prior written consent approval of Landlord (which consent shall not be unreasonably withheld"Permitted Alterations"), provided the Permitted Alterations (i) do not require a building permit; (ii) do not create an unreasonable burden on the load bearing capability of the floor or otherwise affect any structural elements of the Building and/or Premises; (iii) do not modify, connect to, or interfere with any Building systems (such as the HVAC, plumbing or electrical systems); and (iv) are not visible from outside of the Premises. Tenant shall provide notice notify Landlord in writing prior to Landlord of its intent to make the Tenant making any such Permitted Alterations. Such notice shall include a copy If Tenant desires to use its own contractors and/or subcontractors to perform any Permitted Alterations, the contractors and/or subcontractors must be licensed in the State of plans Tennessee and specifications (if such alterations are must be approved in writing by Landlord prior to the commencement of a character that would reasonably require plans and specifications) and copies of all permits, if required by the appropriate municipality, and any contracts for such Tenant Permitted Alterations. All Tenant Landlord hereby agrees not to unreasonably withhold, condition or delay its approval of Tenant's contractors and subcontractors. Any Permitted Alterations shall be performed by contractors approved by Landlord which approval shall not Tenant must be unreasonably withheld, completed in a good and workmanlike manner and in accordance with all applicable laws laws, codes and regulations. Landlord shall have the rules right to inspect Tenant's work periodically in connection with any Permitted Alterations to the extent reasonably necessary to ensure Tenant's compliance with this provision. In the event Tenant uses its own contractor for alterations, Tenant shall pay Landlord a construction supervision fee of 5% of the hard costs of the alterations to cover Landlord's cost for such things as reviewing the plans, approving the contractor, and regulations described in Section 12binspecting the work.

Appears in 1 contract

Samples: Office Lease (Surgery Partners, Inc.)

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Alterations to Premises. Tenant shall make no structural or interior alterations to the Premises, except for Tenant’s initial improvements to be made in accordance with the Workletter attached hereto as Lease Addendum Number 1. Tenant’s initial interior alterations shall be in accordance with the Plans described in the Workletter. Subsequently, Tenant may make no alterations to the Premises without Landlord’s prior written consent, which consent shall not be unreasonably conditioned, withheld, or delayed (except that strictly decorative or cosmetic alterations to the interior of the Premises, or alterations to the interior of the Premises which do not require the issuance of a building permit by applicable governmental authorities, shall not require Landlord’s prior consent). If Tenant requests such alterations and such alterations are structural in naturealterations, then Tenant shall provide Landlord Landlord’s Property Manager with a complete set of construction drawings. If Landlord consents drawings that are necessary to the alterations, then the Landlord shall determine the actual cost of the work to be done. Tenant may then either agree to pay Landlord to have the work done or withdraw its request for alterations; provided, however, that at Tenant’s request, Landlord shall not unreasonably withhold its consent to allowing Tenant and/or Tenant’s contractors to perform such workobtain any required building permit. All such alterations alterations, additions, or improvements which are subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Subject to the terms of this paragraph, and notwithstanding any provision of this Lease to the contrary, Landlord agrees to allow Tenant to construct (i) a data center within the Premises and to install equipment (which may include generator, condensers, UPS, etc.) in the Building and around the land surrounding the Building necessary to facilitate the operation of Tenant’s data center, and (ii) an opening in the curtain wall of Floor 1 of Building C, to install two (2) four foot doors within such opening, to improve the outside area for delivery access and to install other improvements (which may include a large dumpster) to the Building and the land surrounding the Building necessary to facilitate the operation of Tenant’s Fulfillment Center. All such alterations shall be performed by Tenant’s contractors (which shall be subject to Landlord’s approval, not to be unreasonably withheld), at Tenant’s sole cost and expense. Notwithstanding the above paragraph, Tenant shall have the right to make nonstructural and nonsystems related alterations (“Tenant Alterations”) up to a value of $15,000.00 per occurrence (not to exceed $60,000 during any 12-month period) without Landlord’s prior written consent shall be made by a contractor reasonably approved by Landlord (which consent as set forth in Section 4a of the Workletter) in a good and workmanlike manner in accordance with applicable city, county, state, and federal laws and regulations, building and zoning codes, and all present and future governmental regulations relating to the Americans With Disabilities Act (ADA). Landlord’s approval of Tenant’s plans shall not be unreasonably withhelddeemed as a warranty that Tenant’s alterations comply with any governmental requirements. Upon completion of such alterations and project close-out (meaning all “punch list” items have been satisfied, Tenant has accepted the alterations as being fully completed, and all of Tenant’s contractors have been paid in full), provided Tenant shall provide notice to Landlord with proof of its intent to make payment for all labor and materials used in performing the alterations. All additions or improvements made by Tenant Alterations. Such notice shall include a copy of plans and specifications (if such alterations are of a character that would reasonably require plans and specifications) and copies of remain as Tenant’s separate personal property for all permits, if required by the appropriate municipalitypurposes under this Lease, and any contracts for such shall, upon the expiration or earlier termination of this Lease, belong to Tenant Alterations. All Tenant Alterations shall be performed by contractors approved by Landlord which approval shall not be unreasonably withheld, and in accordance with all applicable laws and the rules and regulations described except as provided otherwise in Section 12b8e below.

Appears in 1 contract

Samples: Lease Agreement (Tengion Inc)

Alterations to Premises. 30. Tenant shall will leave the Premises at the end of the Lease term, or any renewal or extension thereof, in as good condition as received, reasonable wear and tear excepted, and will not, without written permission of the Landlord, make no structural any alterations, additions or interior alterations improvements (including painting and papering) to the Premises. If SURRENDER OF PREMISES. 31. Tenant requests agrees to surrender the premises at the termination hereof in like condition as when taken, reasonable wear and tear expected. Tenant will surrender all keys to doors and locks and clean the premises thoroughly including the appliances and windows. Tenant agrees to strip, clean and wax all tile floors in the premises. In the event of the failure to do so, Tenant will pay the cost of the replacement keys and the cost of having such alterations and such alterations are structural in nature, then cleaning done. Any trash left by the Tenant shall provide Landlord with a complete set of construction drawingswill be hauled away at the Tenant's expense. Tenant also agrees that upon vacating tenant is responsible for having all the carpet professionally shampooed. If Landlord consents to determines that the alterationscarpet was not adequately shampooed the Landlord, then at his sole discretion shall have all the Landlord shall determine carpet professionally shampooed at the actual cost of the work to be done. Tenant may then either agree to pay Landlord to have the work done or withdraw its request for alterations; provided, however, that at Tenant’s requestexpense. If Landlord deems that carpet is damaged in any way (i.e. cigarette xxxxx, Landlord shall not unreasonably withhold its consent to allowing Tenant pet and/or Tenant’s contractors to perform such work. All such alterations are subject to the prior written approval of Landlordirremovable odors, which approval shall not be unreasonably withheldnon-cleanable stains, conditioned or delayed. Subject to the terms of this paragraph, and notwithstanding any provision of this Lease to the contrary, Landlord agrees to allow Tenant to construct (i) a data center within the Premises and to install equipment (which may include generator, condensers, UPStears/rips, etc.) then Tenant understands that Landlord will have the carpet replaced at the Tenant’s expense. Tenant understands that the walls are to be in the Building same condition as when the Tenant moved in. Any and around all holes must be patched and walls repainted if necessary. If Landlord determines that the land surrounding premises need painting, the Building necessary to facilitate Landlord at his sole discretion shall have the operation of premises painted at the Tenant’s data centerexpense. Tenant further covenants and agrees that upon the expiration of the said term, or upon the termination of the Lease for any cause, Tenant will remove all personal property not belonging to the Landlord and at once peacefully surrender and deliver all improvements herein to the Landlord, his agents and assigns; Tenant agrees that any property not removed shall be considered as abandoned and Landlord may dispose of the same without being accountable to Tenant for same. Provided that in case any rent shall be due and unpaid or if default shall be made in any of the covenants herein contained, or if said premises shall be abandoned, deserted or vacated, then it shall be lawful for the said Landlord, his agent, attorneys, successors or assigns to take legal action (e.g. re-enter, repossess, evict distain, or any action in compliance with public local laws and laws of the State of Maryland), and (ii) an opening in charge the curtain wall Tenant any incurred court fees and associated costs. In the event of Floor 1 of Building C, to install two (2) four foot doors within such opening, to improve re-entry by the outside area for delivery access and to install other improvements (which may include a large dumpster) to the Building and the land surrounding the Building necessary to facilitate the operation of Tenant’s Fulfillment Center. All such alterations shall be performed by Tenant’s contractors (which shall be subject to Landlord’s approval, not to be unreasonably withheld), at Tenant’s sole cost and expense. Notwithstanding the above paragraphLandlord as herein provided, Tenant shall have the right be liable for damages to make nonstructural and nonsystems related alterations (“Tenant Alterations”) up to a value of $15,000.00 per occurrence (not to exceed $60,000 during any 12-month period) without Landlord’s prior written consent (which consent shall not be unreasonably withheld), provided Tenant shall provide notice to said Landlord of its intent to make for all loss sustained. If the Tenant Alterations. Such notice shall include does not surrender the Premises at the end of the lease term, or any renewal or extension thereof, the Tenant will make good to the Landlord all of the damages which the Landlord suffers as a copy of plans result thereof, and specifications (if such alterations are of a character that would reasonably require plans and specifications) and copies of will further indemnify the Landlord against all permits, if required claims made by succeeding Tenant against the Landlord founded upon delay by the appropriate municipalityLandlord in delivering possession of the Premises to said succeeding Tenant, and any contracts for so far as such delay is caused by the failure of Tenant Alterations. All Tenant Alterations shall be performed by contractors approved by Landlord which approval shall not be unreasonably withheld, and in accordance with all applicable laws and to surrender the rules and regulations described in Section 12bPremises.

Appears in 1 contract

Samples: Lease

Alterations to Premises. Tenant shall make no structural or interior alterations to the Premises without obtaining the prior written consent of Landlord to such alterations, which consent shall not be unreasonably withheld or delayed; provided, however, Landlord may withhold its consent in its sole and absolute discretion with respect to any alterations which may affect the structural components of the Building or Building systems or which can be seen from outside the Premises. If Tenant requests such alterations and such alterations are structural in naturealterations, then Tenant shall provide Landlord Landlord's Property Manager with a complete set of construction drawings. If Landlord consents may impose, as a condition of its consent to all alterations to the alterationsPremises, then such requirements as Landlord in its reasonable discretion may deem desirable, including, but not limited to, the Landlord shall determine the actual cost of the work to be done. requirement that Tenant may then either agree to pay Landlord to have the work done or withdraw its request for alterationsutilize only contractors, materials, mechanics and materialmen reasonably approved by Landlord; provided, however, that at Tenant’s requestLandlord may impose such requirements as Landlord may determine, Landlord shall not unreasonably withhold in its consent sole and absolute discretion, with respect to allowing Tenant and/or Tenant’s any work affecting the structural components of the Building or Building systems (including designating specific contractors to perform such work). Tenant shall construct such alterations in conformance with any and all applicable laws. All work with respect to any alterations must be done in a good and workmanlike manner and diligently prosecuted to completion. In performing the work of any such alterations are subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Subject to the terms of this paragraph, and notwithstanding any provision of this Lease to the contrary, Landlord agrees to allow Tenant to construct (i) a data center within the Premises and to install equipment (which may include generator, condensers, UPS, etc.) in the Building and around the land surrounding the Building necessary to facilitate the operation of Tenant’s data center, and (ii) an opening in the curtain wall of Floor 1 of Building C, to install two (2) four foot doors within such opening, to improve the outside area for delivery access and to install other improvements (which may include a large dumpster) to the Building and the land surrounding the Building necessary to facilitate the operation of Tenant’s Fulfillment Center. All such alterations shall be performed by Tenant’s contractors (which shall be subject to Landlord’s approval, not to be unreasonably withheld), at Tenant’s sole cost and expense. Notwithstanding the above paragraphalterations, Tenant shall have the right to make nonstructural and nonsystems related alterations (“Tenant Alterations”) up to a value of $15,000.00 per occurrence (work performed in such manner as not to exceed $60,000 during obstruct access to the Building or the Common Areas for any 12-month period) without Landlord’s prior written consent (which consent shall other tenant of the Building, and as not be unreasonably withheld)to obstruct the business of Landlord or other tenants of the Building. With respect to all alterations performed after the Commencement Date, provided Tenant shall provide notice to Landlord of its intent to make pay a Construction Supervision Fee in the Tenant Alterations. Such notice shall include a copy of plans and specifications (if such alterations are of a character that would reasonably require plans and specifications) and copies of all permits, if required by the appropriate municipality, and any contracts for such Tenant Alterations. All Tenant Alterations shall be performed by contractors approved by Landlord which approval shall not be unreasonably withheld, and in accordance with all applicable laws and the rules and regulations described amount set forth in Section 12b1l. of this Lease.

Appears in 1 contract

Samples: Commencement Agreement (Autobytel Inc)

Alterations to Premises. Tenant shall may, without Landlord’s consent, make no non-structural or interior alterations and improvements to the Premises. If Tenant requests such alterations and such alterations are structural in nature, then Tenant shall provide Landlord with a complete set of construction drawings. If Landlord consents to the alterations, then the Landlord shall determine the actual cost interior of the work to be done. Tenant may then either agree to pay Landlord to have the work done or withdraw its request for alterations; provided, however, that at Tenant’s request, Landlord shall not unreasonably withhold its consent to allowing Tenant and/or Tenant’s contractors to perform such work. All such alterations are subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Subject to the terms of this paragraph, and notwithstanding any provision of this Lease to the contrary, Landlord agrees to allow Tenant to construct (i) a data center within the Premises and to install equipment (which may include generator, condensers, UPS, etc.) in the Building and around the land surrounding the Building necessary to facilitate the operation of Tenant’s data center, and (ii) an opening in the curtain wall of Floor 1 of Building C, to install two (2) four foot doors within such opening, to improve the outside area for delivery access and to install other improvements (which may include a large dumpster) to the Building and the land surrounding the Building necessary to facilitate the operation of Tenant’s Fulfillment Center. All such alterations shall be performed by Tenant’s contractors (which shall be subject to Landlord’s approval, not to be unreasonably withheld)Premises, at Tenant’s sole cost and expense, and such alterations and improvements shall be deemed approved under the REA. Notwithstanding the above paragraphIn addition, Tenant shall have the right be permitted to make nonstructural exterior and/or structural alterations, which are consistent with the architectural theme of the Center, additions and nonsystems related alterations (“Tenant Alterations”) up structural improvements to a value of $15,000.00 per occurrence (not to exceed $60,000 during any 12-month period) without the Premises with Landlord’s prior written consent (consent, which consent shall not be unreasonably withheld), provided delayed or conditioned. Not later than twenty (20) days prior to the date of commencement of any exterior or structural alteration or improvements, Tenant shall provide notice submit reasonably detailed plans to Landlord of its intent to make the Tenant Alterations. Such notice shall include a copy of plans and specifications (if such alterations are of a character that would reasonably require plans and specifications) and copies of all permitsfor Landlord’s consent, if required by the appropriate municipality, and any contracts for such Tenant Alterations. All Tenant Alterations shall be performed by contractors approved by Landlord which approval shall not be unreasonably withheld, delayed or conditioned. Upon completion of any exterior or structural alterations or improvements to the Premises undertaken by Tenant, Tenant shall deliver to Landlord a copy of as-built plans and specifications therefor (or, if as-built plans and specifications are not available, any change orders or other revisions to Tenant’s final plans and specifications as furnished to and, if applicable, approved by Landlord), together with a copy of all permits and approvals obtained by Tenant for such work. With regard to Tenant’s FF&E including, without limitation seats, special lighting, projection and sound equipment, which may be installed in the Premises by Tenant prior to or during the Term, the same shall not be deemed to become a part of the Premises and may be altered, removed, replaced and/or improved by Tenant without restriction and may be removed by Tenant from the Premises in accordance with all applicable laws Section 20.1 below. Further, Tenant covenants and agrees at its own cost and expense to repair any damage to the rules and regulations described in Section 12bPremises resulting from or caused by such removal.

Appears in 1 contract

Samples: Lease Agreement (Cinemark Holdings, Inc.)

Alterations to Premises. Tenant shall make no structural or interior alterations to the PremisesPremises without the prior written approval of Landlord. If Tenant requests such alterations and such alterations are structural in naturealterations, then Tenant shall provide Landlord with a complete set of construction drawings. If Landlord consents to the alterationsrequested alterations are approved by Landlord, then the Landlord shall determine the actual cost of the work to be donedone [to include a construction supervision fee of ten percent (10%)]. Tenant may then either agree to pay Landlord to have the work done or withdraw its request for alterations; provided, however, that at Tenant’s request, Landlord . The construction supervision fee for the initial tenant improvements shall not unreasonably withhold its consent to allowing Tenant and/or Tenant’s contractors to perform such work. All such alterations are subject to the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Subject to the terms of this paragraph, and notwithstanding any provision of this Lease to the contrary, Landlord agrees to allow Tenant to construct (i) a data center within the Premises and to install equipment (which may include generator, condensers, UPS, etc.) as provided in the Building and around attached Work Letter, if any. Notwithstanding the land surrounding the Building necessary to facilitate the operation of foregoing, Tenant’s data center, and (ii) an opening in the curtain wall of Floor 1 of Building C, to install two (2) four foot doors within such opening, to improve the outside area for delivery access and to install other improvements (which may include a large dumpster) to the Building and the land surrounding the Building necessary to facilitate the operation of Tenant’s Fulfillment Center. All such alterations shall be performed by Tenant’s contractors (which shall be subject to Landlord’s approval, not to be unreasonably withheld), at Tenant’s its sole cost and expense. Notwithstanding the above paragraph, Tenant shall have the right to make nonstructural and nonsystems related interior, non-structural alterations (“Tenant Alterations”) to the Premises of up to a value of $15,000.00 per occurrence (not to exceed $60,000 during any 12-month period) without Landlord’s the prior written consent approval of Landlord (which consent shall not be unreasonably withheld“Permitted Alterations”), provided the Permitted Alterations (i) do not require a building permit; (ii) do not create an unreasonable burden on the load bearing capability of the floor or otherwise affect any structural elements of the Building and/or Premises; (iii) do not modify, connect to, or interfere with any Building systems (such as the HVAC, plumbing or electrical systems); and (iv) are not visible from outside of the Premises. Tenant shall provide notice notify Landlord in writing prior to Landlord of its intent to make the Tenant making any such Permitted Alterations. Such notice shall include a copy of plans and specifications (if such alterations are of a character that would reasonably require plans and specifications) and copies of all permitsNotwithstanding any provision herein to the contrary, if required Tenant desires to use its own contractors and/or subcontractors to perform any Permitted Alterations, the contractors and/or subcontractors must be licensed in the State of North Carolina and must be approved in writing by Landlord prior to the appropriate municipality, and any contracts for such Tenant commencement of the Permitted Alterations. All Tenant Landlord hereby agrees not to unreasonably withhold, condition or delay its approval of Xxxxxx’s contractors and subcontractors. Any Permitted Alterations shall be performed by contractors approved by Landlord which approval shall not Tenant must be unreasonably withheld, completed in a good and workmanlike manner and in accordance with all applicable laws laws, codes and regulations. Landlord shall have the rules and regulations described right to inspect Xxxxxx’s work periodically in Section 12bconnection with any Permitted Alterations to the extent reasonably necessary to ensure Tenant’s compliance with this provision.

Appears in 1 contract

Samples: Office Lease (Clearside Biomedical, Inc.)

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