Common use of Alterations Clause in Contracts

Alterations. 6.1 Licensee shall make no Alterations to the Premises or other related areas herein without the Commissioner’s prior written approval. Licensee may perform Alterations to Licensed Premises only in accordance with the requirements of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessary. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: License Agreement, License Agreement

Alterations. 6.1 Licensee Excepting Tenant’s Upfit, Tenant shall make no Alterations alterations, additions, or improvements to the Premises without the prior written consent of Landlord, and any such request by Tenant of Landlord to make any such alterations, additions or improvements shall in each case be accompanied by plans and specifications for such alterations, additions and improvements all in such detail as Landlord may reasonably required. Any alteration, addition or improvement to the Premises which results in any damage to the Premises or other related areas herein the alteration, addition or improvement to the Premises which results in any damage to the Premises or the Building including, but not limited to the floor, ceiling or outside walls shall be repaired by the Tenant at the termination of the Lease, or if sooner, upon the request by the Landlord. All alterations, additions and improvements (including, without limitation, all partitions, walls, railings, carpeting, and floor coverings) made by, for or at the Commissionerdirection of the Tenant, shall remain upon and be surrendered with the Premises as a part thereof at the expiration or earlier termination of this Lease. All contractors and subcontractors employed by Tenant for any such work shall be subject to Landlord’s prior written approval. Licensee may perform Alterations to Licensed Premises only in accordance Tenant shall comply with all applicable laws and obtain all licenses and permits required by any applicable authority before commencing construction. Any alarm or sprinkler system installed by Tenant must be compatible with any such system maintained by Landlord for the Building, Tenant and all contractors and subcontractors employed or engaged by Tenant shall comply with the requirements Contractor Upfit and Insurance Procedures and Requirements prepared by Landlord for the Building, a copy of this Article 6 which will be provided to Tenant upon request All alterations, additions and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee improvements made by Tenant to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain including without limitation, the Commissioner’s prior written approvalinitial alterations, which additions and improvements made to the Premises, shall remain in the Premises and shall not be unreasonably withheld removed therefore at any time. Upon the expiration or delayedany earlier termination of this Lease, Tenant shall promptly reimburse Landlord for whatever designs, plans, specifications, any expense or cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on incurred by Landlord in restoring the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations to the Licensed condition in which the Premises undertaken by Licenseewere at the time Tenant shall have occupied the same, its board membersexcept for Tenant’s Upfit and for ordinary wear and tear, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City fire or other governmental authorizations casualty and approvals that may be necessaryalterations, additions and improvements to the Premises consented to in writing by Landlord unless Landlord is entitled to and notifies Tenant to remove the same. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement (Bank of South Carolina Corp)

Alterations. 6.1 Licensee (a) Tenant shall not make no Alterations any alterations, additions or improvements (collectively, "Alterations") in, on or to the Premises or other related areas herein any part thereof without the Commissioner’s prior written approvalconsent of Landlord. Licensee may perform Alterations to Licensed Premises only in accordance with the requirements of this Article 6 and Article 8. Upon Parks’ approval of any Any Alterations, Parks except for Tenant's movable furniture and equipment, shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during immediately become Landlord's property and, at the end of the Term. Upon Parks’ approval of any Alterations, Parks shall give notice remain on the Premises without compensation to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, Tenant; provided, however, that if any such Alteration is not constructed movable furniture and equipment, otherwise belonging to Tenant, but which shall remain on the Premises at the expiration or other termination of the Term shall also become the property of Landlord unless promptly removed by Tenant. In the event Landlord shall consent to the making of any Alterations by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with plans and specifications previously approved by Landlord, and any contractor or person selected by Tenant to make Alterations must first be approved in writing by Landlord. Before any Alterations shall be commenced, Tenant shall furnish Landlord with workmen's compensation and public liability insurance and shall comply with all applicable laws, including but not limited to the approved plansMechanic's Lien Law of the State of Florida, then Parks ordinances, regulations, building codes, and shall obtain all required permits, inspections, and certificates as shall be required by all governmental agencies having jurisdiction thereof. Upon the expiration or sooner termination of the Term, Tenant shall upon demand by Landlord, at Tenant's sole cost and expense, remove any Alterations made by or for the account of Tenant, which Landlord shall designate for removal, and Tenant shall, within thirty (30) days of Final Completion of at its sole cost and expense, repair and restore the construction of such AlterationPremises to its original condition. Notwithstanding the aforementioned, give Licensee an updated notice as Tenant will only be required to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which shall remove those Alterations not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or workpreviously approved by Landlord. (b) Ensure that work performed and Alterations made Lessee shall not paint or install any signs in or on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a)Premises, in a good and workmanlike manneron the exterior doors, and within a reasonable time. (c) Notify the Commissioner plate glass or exterior walls of the completion Premises or the Building, without the prior written consent of Landlord. Such written consent shall be required as to the content of the sign, its size, material, format, the manner and method of its installation. Landlord reserves the date of final payment for right to require Tenant, at Tenant's sole expense, to modify, remove, replace or redesign its sign so as to harmonize the sign with the overall appearance and design now or hereafter existing in the Building. Landlord reserves the right to change the sign policies and design criteria with respect thereto at any time during this Lease and Tenant agrees to conform to such Alteration(s) changes within ten fifteen (1015) days after the later to occur of said completion receipt of written notice from Landlord pertaining thereto. No furniture, doormats, or final payment. (d) Licensee other objects shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects placed by Tenant in the Licensed corridors or elsewhere in or about the Building other than within the Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessary. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Lease Agreement (Cardionet Inc), Lease Agreement (Cardionet Inc)

Alterations. 6.1 Licensee Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", and except for Permitted Changes, Tenant shall not make, suffer or permit to be made any alterations, additions or improvements to or of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Without Landlord's prior consent, Tenant shall be entitled to make nonstructural alterations and additions which (i) do not adversely affect the plumbing, heating, air conditioning, ventilation, electrical, mechanical and life safety systems of the Demised Premises and the Building (ii) do not materially reduce the overall quality of the leasehold improvements in the Demised Premises below the average level of quality typically found in first-class office buildings in the Buckhead area of Atlanta, Georgia (iii) are not visible from the exterior of the Building (due to unusual lighting of such alterations or additions in close proximity to the Building's exterior windows), and (iv) do not involve a Non-Standard Alteration ("Permitted Changes"). Other than the Permitted Changes, Tenant shall make no Alterations to alterations in, or additions to, the Demised Premises without first obtaining, in writing, Landlord's consent for such alterations or other related areas herein without the Commissioner’s prior written approval. Licensee may perform Alterations to Licensed Premises only in accordance with the requirements of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approvaladditions, which consent shall not be unreasonably withheld or delayedconditioned. Any such alterations, additions or improvements to the Demised Premises consented to by Landlord, except for whatever designs, plans, specifications, cost estimates, agreements, Permitted Changes shall be made by Landlord or under Landlord's supervision for Tenant's account and contractual understandings may pertain to contemplated purchases and/or work. Tenant shall reimburse Landlord for all costs thereof (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(aincluding a reasonable charge for Landlord's overhead), in a good and workmanlike manneras Rent, and within a reasonable time. twenty (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) within ten (1020) days after receipt of a statement. All such alterations, additions and improvements shall become Landlord's property at the later expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to occur of said completion or final payment. (d) Licensee Tenant unless Landlord elects by notice to Tenant, to be given, if at all, at the time Landlord consents to such alterations, additions and improvements, to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall comply with existing City promptly restore, at its sole cost and Parks’ proceduresexpense, as may be amended from time the Demised Premises to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations its condition prior to the Licensed Premises undertaken by Licenseeinstallation of such alterations, its board membersadditions and improvements, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, normal wear and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessarytear excepted. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Lease Agreement (Premiere Global Services, Inc.), Lease Agreement (Premiere Global Services, Inc.)

Alterations. 6.1 Licensee (a) The Landlord shall make no Alterations have the right to perform all Premises Work (as hereinafter defined) reasonably requested by Tenant, at Tenant’s expense under the conditions as defined in Section 12d below, during the Term of the Lease. Tenant understands and agrees that any work requiring a building permit will necessitate preparation of drawings and Tenant agrees to pay for same, including the cost of the building permit. The Landlord shall charge Tenant a fee equal to ten percent (10%) of the total cost of alterations in the event it elects to perform said work. In the event that Landlord does not elect to perform said Premises or other related areas herein without the CommissionerWork, then Tenant shall obtain Landlord’s prior written approvalconsent, which consent shall not be unreasonably withheld or delayed, prior to performing any Premises Work and shall use contractors that are reasonably acceptable to Landlord. Licensee may perform Alterations Tenant shall provide such drawings, plans and specifications as are requested by Landlord in reviewing any such proposed improvements. If Landlord consents to Licensed such Premises only Work, it shall be made at Tenant’s sole cost and expense and at such time and in accordance such manner so as to not unreasonably interfere with the requirements of this Article 6 use and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property enjoyment of the City upon such Alteration’s substantial completionBuilding by any other tenant. Tenant shall not make any alteration, provided, however, that if such Alteration is not constructed in accordance with addition or improvement to the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissionerwhether structural or nonstructural, without Landlord’s prior written approvalconsent, which shall not be unreasonably withheld or delayed. Tenant shall provide such drawings, for whatever designsplans and specifications as are requested by Landlord in reviewing any such proposed improvements. If Landlord consents to any such proposed alteration, plansaddition or improvement, specificationsit shall be made at Tenant’s sole cost and expense and at such time and in such manner as to not unreasonably interfere with the use and enjoyment of the remainder of the Premises by any other tenant or other person. Landlord may, cost estimatesas a condition of granting its consent or approval hereunder, agreementsrequire Tenant to post such payment and performance bonds as Landlord deems reasonable to protect Landlord, any Mortgagee, and contractual understandings may pertain the Premises. In making any alteration, addition or improvement to contemplated purchases and/or work. the Premises, Tenant shall use materials equal or exceeding in quality and kind the original construction, as certified by the architect who designed the Premises or by such other architect as is designated by Landlord. All such alterations, additions and improvements shall be performed (ba) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner; (b) in accordance with all applicable laws and regulations, and within a reasonable time. including but not limited to the ADA (Americans with Disabilities Act); (c) Notify the Commissioner in accordance with all applicable insurance requirements and requirements of the completion of any Mortgagee; and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee in accordance with the drawings, plans and specifications approved by Landlord. All work performed by Tenant shall comply be subject to Landlord’s inspection and approval to determine whether it complies with existing City the requirements of this Lease. Prior to the commencement of any such work by Tenant, Tenant shall obtain all necessary endorsements to the insurance required by Section 22 hereof to be sure the same covers the performance of such work. Furthermore, Tenant shall defend, indemnify and Parks’ procedureshold harmless Landlord from and against any and all damages, as may be amended losses or liability arising from time such alterations or improvements or the construction thereof by Tenant, its agents, servants, invitees and employees other than Landlord. For purposes hereof, the term “Premises Work” shall mean the following: any construction, repair, refurbishment or restoration, including without limitation, tenant improvements, build-out, alterations, additions, improvements, renovations, repairs, remodeling, painting and installations of fixtures, mechanical, electrical, plumbing, data, security, telecommunications, low voltage or elevator equipment or systems or other equipment, or with respect to time during any other construction work in or to the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Demised Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessary. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Lease Agreement (First Mariner Bancorp), Lease Agreement (First Mariner Bancorp)

Alterations. 6.1 Licensee Borrower shall make no Alterations to the Premises or other related areas herein without the Commissioner’s obtain Lender's prior written approval. Licensee may perform Alterations to Licensed Premises only in accordance with the requirements of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approvalconsent, which consent shall not be unreasonably withheld or delayed, for whatever designsto any alterations to the Improvements, plansthe cost of which is reasonably anticipated to exceed $1,000,000 (the "THRESHOLD AMOUNT") or that will have a material adverse effect on Borrower's financial condition, specificationsthe use, cost estimatesoperation or value of the Trust Property or the net operating income with respect to the Trust Property, agreementsother than (a) tenant improvement work performed pursuant to the terms of any Lease executed on or before the date hereof, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that tenant improvement work performed pursuant to the terms and Alterations made on provisions of a Lease executed after the Licensed Premises are undertaken date hereof and completed not adversely affecting any structural component of any Improvements, any utility or HVAC system contained in any Improvements or the exterior of any building constituting a part of any Improvements (it being understood that the foregoing provision shall not require Lender's consent to Tenants' exterior signage pursuant to any Lease approved by Lender in accordance with submissions approved pursuant to Section 6.2(a), in a good the terms and workmanlike manner, and within a reasonable time. provisions of this Deed of Trust) or (c) Notify alterations performed in connection with the Commissioner restoration of the completion Trust Property after the occurrence of a Casualty or Condemnation in accordance with the terms and the date provisions of final payment this Deed of Trust. If Lender fails to respond to a request for such Alteration(s) consent under this paragraph 7 within ten (10) days after the later to occur Business Days of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ proceduresreceipt thereof, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors such consent shall be at no cost deemed granted, provided that such request shall have been accompanied by all information requested by Lender or reasonably necessary for Lender to Parks evaluate such request and shall have clearly stated, in 14 point type or greater, that if Lender fails to respond to such request within ten (other than any agreed contribution from 10) Business Days, Lender's consent shall be deemed to have been granted. If Lender refuses to grant such consent, Lender shall specify in writing the Cityreasons for such refusal. Any approval by Lender of the plans, and contributions from other public specifications or private sector partners or donors) and such work working drawings for alterations of the Trust Property shall not commence until the Licensee obtains prior written create responsibility or liability on behalf of Lender for their completeness, design, sufficiency or their compliance with applicable laws. Lender may condition any such approval upon receipt of a certificate of compliance with applicable laws from (i) the Commissioneran independent architect, engineer, or his designee other person reasonably acceptable to Lender. If the total unpaid amounts due and (ii) any City or other governmental authorizations and approvals that may be necessary. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.payable with

Appears in 2 contracts

Sources: Deed of Trust (Maguire Properties Inc), Deed of Trust (Maguire Properties Inc)

Alterations. 6.1 Licensee Tenant shall not make no Alterations or allow to be made any alterations, additions or improvements to the Premises, either at the inception of this Lease or subsequently during the Term, except as permitted pursuant to Section 8.04 below, without obtaining the prior written consent of Landlord. Landlord shall not unreasonably withhold or delay its consent to any alterations, additions or improvements to the interior of the Premises proposed by Tenant, except to the extent such alterations, additions or improvements (i) affect the structural elements of the Building; (ii) affect the electrical, mechanical or plumbing systems of the Building; (ii) are visible from outside the Building or (iii) affect the improvements to the Premises constructed by Landlord. Tenant shall deliver to Landlord full and complete plans and specifications of all such alterations, additions or improvements, and no such work shall be commenced by Tenant until Landlord has given its written approval thereof. Landlord does not expressly or implicitly covenant or warrant that any plans or specifications submitted by Tenant are safe or that the same comply with any applicable laws, lawful ordinances, etc. Further, Tenant shall indemnify and hold Landlord harmless from any loss, cost or expense, including attorneys’ fees and costs, incurred by Landlord as a result of any defects in design, materials or workmanship resulting from Tenant’s alterations, additions or improvements to the Premises. All repairs, alterations, additions, and restoration by Tenant hereinafter required or permitted shall be done in a good and workmanlike manner and in compliance with all applicable laws and lawful ordinances, by-laws, regulations and orders of any federal, state, county, municipal or other related areas herein without public authority and of the Commissioner’s prior written approvalinsurers of the Building. Licensee may perform Alterations to Licensed Premises only in accordance with the requirements of this Article 6 and Article 8. Upon Parks’ approval Tenant shall not permit liens of any Alterationskind to be imposed upon the Premises or Building and Tenant shall discharge of record any such liens or post adequate security or bond within five (5) days after written notice thereof. Tenant shall reimburse Landlord for Landlord’s reasonable charges for Verus Lease v06 -20- February 2, Parks 2005 (8:51 pm) reviewing and approving or disapproving plans and specifications for any alterations proposed by Tenant, and as a deposit against such obligation Tenant shall reasonably cooperate submit to Landlord with Licensee each request to make any alteration, additions or improvements to the Premises a deposit of Five Hundred Dollars ($500). Landlord shall refund all or any part of such Alterations to any facilities installed deposit not actually expended or incurred by Licensee pursuant to this Article 6 Landlord for reviewing and approving or Article 8 during disapproving Tenant’s plans as permitted herein. Tenant shall also reimburse Landlord for the Term. Upon Parks’ approval costs of any Alterations, Parks shall give notice increased insurance premiums incurred by Landlord to Licensee whether include such Alteration shall become property of alterations in the City upon such AlterationLandlord’s substantial completion, all risk insurance coverage requirements set forth in Section 5.01; provided, however, that if Landlord shall be required to include the Tenant’s alterations under Landlord’s all risk insurance only to the extent such Alteration insurance is actually obtained by Landlord and such alterations are insurable under Landlord’s insurance. If such Tenant alterations are not constructed or cannot be included in accordance the coverage of Landlord’s insurance, Tenant shall insure the alterations under Tenant’s all risk insurance policy or policies as set forth in Section 5.01. Tenant shall require that any contractors used by Tenant carry a comprehensive liability insurance policy covering bodily injury in the amounts of Two Million Dollars ($2,000,000) per person and Two Million Dollars ($2,000,000) per occurrence and covering property damage in the amount of Two Million Dollars ($2,000,000) per occurrence. Tenant shall obtain, on behalf of Tenant and at Tenant’s sole cost and expense, before proceeding with any alteration the approved planscost of which exceeds Five Thousand Dollars ($5,000) a completion and lien indemnity bond, then Parks shallor other surety, within thirty (30) days of Final Completion of the construction reasonably satisfactory to Landlord for such alteration. Landlord may require proof of such Alteration, give Licensee an updated notice as insurance prior to whether such Alteration shall become property commencement of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that any work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessary. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Consent to Assignment Agreement (Zogenix, Inc.), Consent to Assignment Agreement (Zogenix, Inc.)

Alterations. 6.1 Licensee Tenant shall make no Alterations not permit alterations in or to the Leased Premises unless and until the plans have been approved by Landlord in writing, which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned or other related areas herein without delayed. As a condition of such approval, Landlord may require Tenant to remove the Commissioner’s prior written approvalalterations and restore the Leased Premises upon termination of this Lease; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Licensee may perform Alterations to Licensed Premises only Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the requirements original construction of the Building. No person shall be entitled to any lien derived through or under Tenant for any labor or material furnished to the Leased Premises, and nothing in this Article 6 and Article 8. Upon Parks’ approval Lease shall be construed to constitute a consent by Landlord to the creation of any Alterationslien. If any lien is filed against the Leased Premises for work claimed to have been done for or material claimed to have been furnished to Tenant, Parks Tenant shall reasonably cooperate with Licensee cause such lien to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval be discharged of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, record within thirty (30) days after filing. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys' fees in connection with any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lien. Notwithstanding anything contained herein to the contrary, Tenant shall have the right, without Landlord's consent, and in compliance with all other provisions of Final Completion this Section, to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, and the aggregate cost of the construction of such Alterationwhich does not exceed Fifty Thousand Dollars ($50,000.00) per project for a total project cost not to exceed One Hundred Fifty Thousand Dollars ($150,000.00) per year, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: provided that Tenant gives Landlord fifteen (a15) Obtain the Commissioner’s business days prior written approvalnotice of any such alteration, which shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreements, along with copies of all plans and contractual understandings may pertain to contemplated purchases and/or workspecifications relating thereto and complies with Landlord's reasonable and customary procedures. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessary. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Office Lease Agreement (Interactive Intelligence Inc), Office Lease Agreement (Interactive Intelligence Inc)

Alterations. 6.1 Licensee Tenant shall make no Alterations not permit alterations in or to the Leased Premises unless and until Landlord has approved the plans therefor in writing. Notwithstanding the foregoing, Tenant shall have the right without Landlord's consent, and in compliance with all other provisions of this Section, to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical, electrical, plumbing or other related areas herein without building systems, do not adversely affect the Commissioner’s Building's appearance or value, and the cost of which does not exceed Twenty Five Thousand and No/100 Dollars ($25,000.00) (the "Authorized Alterations"), provided that ▇▇▇▇▇▇ gives Landlord fifteen (15) business days prior written approvalnotice of any such alterations, along with copies of plans and specifications relating thereto. Licensee Landlord may perform Alterations specify any alterations which Tenant will be required to Licensed remove and restore the Leased Premises only upon termination of this Lease; otherwise, all such alterations shall, at Landlord's option, become a part of the realty and the property of Landlord and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable Laws, in a good and workmanlike manner and of quality at least equal to the requirements original construction of the Building. No person shall be entitled to any lien derived through or under Tenant for any labor or material furnished to the Leased Premises, and nothing in this Article 6 and Article 8. Upon Parks’ approval Lease shall be construed to constitute Landlord's consent to the creation of any Alterationslien. If any lien is filed against the Leased Premises for work claimed to have been done for or material claimed to have been furnished to Tenant, Parks Tenant shall reasonably cooperate with Licensee cause such lien to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 be discharged of record or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, bonded over within thirty (30) days after filing. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys' fees in connection with any construction or alteration and any related lien. ▇▇▇▇▇▇ agrees that at ▇▇▇▇▇▇▇▇'s option, Landlord or a subsidiary or affiliate of Final Completion of the Landlord, who shall receive a fee as Landlord's construction of such Alterationmanager or general contractor, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that perform all work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations any alterations to the Licensed Leased Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall which are not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessaryAuthorized Alterations. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Lease (Pattern Group Inc.), Lease (Pattern Group Inc.)

Alterations. 6.1 Licensee Except for non-structural Alterations that (i) do not exceed $25,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, roof, ceiling or walls, other than minor penetrations for wall hangings, fastenings to the floor or similar items not affecting the Building Systems, and (v) do not require work on the roof or within the walls, below the floor or above the ceiling, Tenant shall not make no or permit any Alterations in or to the Premises or other related areas herein without the Commissionerfirst obtaining Landlord’s prior written approval. Licensee may perform Alterations to Licensed Premises only in accordance with the requirements of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approvalconsent, which consent shall not be unreasonably withheld withheld. With respect to any Alterations that do not require Landlord’s consent, Tenant shall nonetheless provide written notice thereof to Landlord, describing in reasonable detail the nature of the Alteration. With respect to any Alterations made by or delayedon behalf of Tenant (where the Alteration requires Landlord’s consent): (i) not less than ten (10) days prior to commencing any Alteration, for whatever designs, Tenant shall deliver to Landlord the plans, specificationsspecifications and necessary permits for the Alteration, cost estimatestogether with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage (based on reasonable industry standards) naming Landlord and any other associated or affiliated entity as their interests may appear as additional insureds, agreements(ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, and contractual understandings may pertain to contemplated purchases and/or work. (biii) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance Alteration shall be constructed with submissions approved pursuant to Section 6.2(a)new materials, in a good and workmanlike manner, and within a in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable time. (c) Notify costs and expenses in an amount not to exceed $2,500 in connection with Landlord’s third party costs in connection with the Commissioner review of Tenant’s plans and specifications, and of any supervision or inspection of the completion construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, the cost of which exceeds $100,000.00, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the date property of final payment for such Alteration(s) within ten (10) days after Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the later Premises to occur the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of said completion or final payment. (d) Licensee shall comply with existing City this Lease. Tenant may install its trade fixtures, furniture and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects equipment in the Licensed Premises. (e) All Alterations , provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupant. Notwithstanding anything to the Licensed Premises undertaken by Licenseecontrary in this Lease, its board membersat the expiration or termination of this Lease, officersTenant shall not be required to remove the Tenant Improvements, agents, employees, volunteers or contractors excluding wiring and cabling which Tenant shall be required to remove at no its sole cost and expense. Subject to Parks (other than any agreed contribution from this Section 12, Tenant shall have the Cityright to install a security system in the Premises, and contributions from other public or private sector partners or donors) and such work shall not commence until provided that Tenant provides Landlord with the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City code or other governmental authorizations and approvals that may be necessaryaccess to the security system. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement (Neuronetics, Inc.)

Alterations. 6.1 Licensee Tenant shall not make no (or permit to be made) any change, addition or improvement to the Premises (including, without limitation, the attachment of any fixture or equipment) (collectively, the “Alterations” and individually, an “Alteration”) unless such Alteration: (a) equals or exceeds the Building Standard and utilizes only new and first-grade materials; (b) is in conformity with all Legal Requirements, and is made after obtaining any required permits and licenses; (c) is made with the prior written consent of Landlord not to be unreasonably withheld, conditioned or delayed; (d) is made pursuant to plans and specifications approved in writing in advance by Landlord; (e) with respect to any Alterations the cost of which is expected to exceed One Hundred Thousand Dollars ($100,000.00), is made after Tenant has provided to Landlord such reasonable indemnification and/or bonds requested by Landlord, including, without limitation, a performance and completion bond in such form and amount as may be satisfactory to Landlord to protect against claims and liens for labor performed and materials furnished, and to insure the completion of any Alteration; (f) is carried out by persons reasonably approved in writing by Landlord who, if required by Landlord, deliver to Landlord before commencement of their work proof of such insurance coverage as Landlord may reasonably require, with Landlord named as an additional insured; and (g) is done only at such time and in such manner as Landlord may reasonably specify. Landlord shall notify Tenant of its consent or disapproval of any such proposed Alterations within ten (10) business days after Landlord’s receipt of Tenant’s request therefor, together with all final plans and specifications for such work. Notwithstanding the foregoing to the contrary, Tenant may make non-structural Alterations to the interior of the Premises (collectively, the “Acceptable Changes”) without Landlord’s consent, provided that (i) Tenant delivers to Landlord written notice of such Acceptable Changes (the “Acceptable Change Notice”) at least fifteen (15) days prior to the commencement thereof, (ii) the cost of each such Acceptable Change does not exceed $25,000.00 per job, and the aggregate cost of all Acceptable Changes does not exceed $50,000.00 in any consecutive twelve (12) month period, (iii) such Acceptable Changes shall be performed by or other related areas herein without the Commissioner’s prior written approval. Licensee may perform Alterations to Licensed Premises only on behalf of Tenant in accordance compliance with the requirements other provisions of this Article 6 11, (iv) such Acceptable Changes do not require the issuance of a building permit or other governmental approval, (v) such Acceptable Changes do not affect the structural components of the Building or any mechanical, plumbing, electrical, HVAC and/or life-safety systems of the Building, (vi) such Acceptable Changes are not visible from or affect any area located outside the Premises, and Article 8(vii) such Acceptable Changes shall be performed by qualified contractors and subcontractors which normally and regularly perform similar work in the Complex or other first-class office and retail complexes in the Cottonwood sub-market of Salt Lake City, Utah (collectively, the “Comparable Buildings”). Upon Parks’ approval Tenant shall pay for all overhead, general conditions, fees and other costs and expenses of any such Alterations, Parks and shall reasonably cooperate pay to Landlord all actual, out-of-pocket costs incurred by Landlord in connection with Licensee such Alterations. Except as otherwise provided hereinbelow, all such Alterations (including all articles attached to make the floor, wall or ceiling of the Premises) shall become the property of Landlord. Landlord may, at Landlord’s election, cause such Alterations to any facilities installed by Licensee pursuant to this Article 6 be (A) surrendered with the Premises as part thereof at the termination or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property expiration of the City upon Term of this Lease, without any payment, reimbursement or compensation therefor, or (B) removed by Tenant, at Tenant’s expense, on or prior to the termination or expiration of the Term of this Lease, with all damage caused by such Alteration’s substantial completion, removal repaired by Tenant; provided, however, that if with respect to Alterations made or caused to be made by Tenant with Landlord’s consent, Tenant shall have no obligation to remove such Alteration is not constructed in accordance Alterations unless at the time Landlord approved the final working drawings for any such Alterations (or, with the approved plansrespect to any Acceptable Change, then Parks shall, within no later than thirty (30) days of Final Completion after Landlord’s receipt of the construction of such AlterationAcceptable Change Notice applicable thereto), give Licensee an updated Landlord, by written notice as to whether such Alteration shall become property Tenant, identified those Alterations which Landlord would require Tenant to remove at the expiration or earlier termination of the City. 6.2 To alter Term of this Lease, in which event Tenant shall remove such identified Alterations on or before the Licensed Premisesexpiration of the Term of the Lease and repair any damage resulting from such removal. Tenant shall reimburse, Licensee must: (a) Obtain the Commissioner’s prior written approvalindemnify, defend and hold harmless Landlord from and against all costs, liens, claims, damages, losses, liabilities and expenses, including reasonable attorneys’ fees, which shall not may arise out of, or be unreasonably withheld or delayedconnected in any way with, for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or work. any such Alterations. Within thirty (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) within ten (1030) days after following the later imposition of any lien resulting from any such Alterations, Tenant shall cause such lien to occur be released of said completion record by payment of money or final paymentposting of a proper bond. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessary. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Lease Agreement (Fusion-Io, Inc.), Lease Agreement (Fusion-Io, Inc.)

Alterations. 6.1 Licensee Tenant shall make no Alterations alterations, additions or improvements to the Premises or other related areas herein without the Commissioner’s prior written approvalconsent of Landlord, and Landlord may impose, as a condition of such consent such requirements as Landlord in its sole discretion may deem reasonable or desirable, including without limiting the generality of the foregoing, requirements as to the manner in which, the time or times at which, and the contractor by whom such work shall be done and requirements that Tenant provide Landlord with labor, material, payment and performance bonds (collectively the "bonds") naming Landlord (and such other persons as Landlord may reasonably request) as insureds under such bonds. Licensee Landlord shall have the same rights of review and approval with respect to permitted alterations, additions, and improvements to the Premises as described for tenant improvements in Article 7. Tenant covenants and agrees that all work done by Tenant shall be performed in full compliance with all laws, rules, orders, ordinances, directions, regulations and requirements of all governmental agencies, offices, departments, bureaus and boards having jurisdiction, and in full compliance with rules, orders, directions, regulations and requirements of the Pacific Fire Rating Bureau or any other organization performing a similar function. Before commencing any work, Tenant shall give Landlord at least five (5) days' notice of the proposed commencement date of such work and shall, if required by Landlord, secure at Tenant's own cost and expense, the bonds, in a form reasonably satisfactory to Landlord, for said work naming Landlord (and such other persons as Landlord may perform Alterations to Licensed Premises only in accordance reasonably request) as insureds under the bonds. All such alterations, additions or improvements shall become the property of Landlord and shall be surrendered with the requirements Premises, as a part thereof, at the end of this Article 6 and Article 8. Upon Parks’ approval of any Alterationsthe term hereof, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed except that Landlord may, by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within Tenant given at least thirty (30) days of Final Completion prior to the end of the construction of term, require Tenant to remove all partitions, counters, railings and the like installed by Tenant and to repair any damage to the Premises form such Alterationremoval. Tenant shall make no alteration, give Licensee an updated notice as addition or improvement to whether such Alteration shall become property the Premises that can be seen from the exterior of the City. 6.2 To alter Building or from any common area of the Licensed PremisesBuilding, Licensee must: (a) Obtain the Commissioner’s prior written approvalincluding without limitation window treatments, which shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreementscurtains, and contractual understandings may pertain to contemplated purchases and/or workbinds. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessary. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: General Office Lease (Micron Electronics Inc), General Office Lease (Micron Electronics Inc)

Alterations. 6.1 Licensee Except for cosmetic alterations and projects that do not exceed $20,000.00 during any calendar year of the Term, and that satisfy the criteria in the next following sentence (which cosmetic work shall require notice to Landlord but not Landlord’s consent), Tenant shall make no Alterations alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises or other related areas herein without the Commissioner’s prior written approvalconsent of Landlord. Licensee may perform Alterations to Licensed Premises only in accordance with the requirements of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such AlterationLandlord’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which consent shall not be unreasonably withheld as long as the proposed Alterations do not affect the structural, electrical or delayedmechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (“Standard Improvements”). Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work exceeding the amount of $100,000.00 be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for whatever designsperformance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord’s designated mechanical and electrical contractors for all Alterations work affecting the mechanical or electrical systems of the Building. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to Landlord. Tenant shall obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord, and except for cosmetic Alterations not requiring a permit, Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. In no event shall Tenant prosecute any work that results in picketing or labor demonstrations in or about the Building or Project. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect to review Tenant’s architectural plans, specificationsand the reasonable cost of that review (not to exceed $2,500,00 per review) shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, cost estimatesthen Tenant shall, agreementsat its expense, furnish Landlord with as-built drawings and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and CAD disks compatible with Landlord’s systems. Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), shall be constructed in a good and workmanlike mannermanner using materials of a quality reasonably approved by Landlord, and within a reasonable time. Tenant shall ensure that no Alteration impairs any Building system or Landlord’s ability to perform its obligations hereunder. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (c) Notify except as otherwise provided in the Commissioner Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord and shall be surrendered with the completion Premises at the end of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesignexcept that Landlord may, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations by notice to Tenant given at least 30 days prior to the Licensed Premises undertaken Expiration Date, require Tenant to remove by Licenseethe Expiration Date, its board membersor sooner termination date of this Lease, officersall or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City“Required Removables”), and contributions to replace any non-Standard Improvements with the applicable Standard Improvements. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the subject Alterations are Required Removables. Notwithstanding the foregoing, all telephone and data cabling installed by Tenant shall in all events be considered as Required Removables hereunder. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from other public or private sector partners or donors) that removal and such work shall not commence until restore the Licensee obtains prior written approval from (i) the Commissioneraffected area to its pre-existing condition, or his designee reasonable wear and (ii) any City or other governmental authorizations and approvals that may be necessarytear excepted. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Lease Agreement, Lease (Ruckus Wireless Inc)

Alterations. 6.1 Licensee Tenant shall not make no Alterations any alterations to the Premises or other related areas herein Premises, including any changes to the existing landscaping, without the Commissioner’s Landlord's prior written approvalconsent. Licensee Tenant may perform Alterations make non-structural alterations costing less than $50,000 per event without Landlord's consent. Regardless of whether Landlord's consent for alteration is required, Tenant must provide Landlord at least fifteen (15) business days prior to Licensed Premises only the commencement of any alteration with a complete description of each such alteration including any building permit drawing(s) and specifications. Landlord may post notices regarding non-responsibility in accordance with the requirements laws of the state in which the Premises are located. All alterations made by Tenant, whether or not subject to the approval of Landlord, shall be performed by Tenant and its contractors in a first class workmanlike manner and permits and inspections shall be obtained from all required governmental entities. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Article 6 and Article 8. Upon Parks’ Lease, except that Landlord may, in connection with Tenant's request for Landlord's approval of any Alterationssuch alteration, Parks elect to require Tenant to remove some or all of the alterations which Tenant may have made to the Premises ("REQUIRED REMOVABLES"). If Landlord so elects, Tenant shall reasonably cooperate with Licensee at its own cost restore the Premises to make such Alterations the condition designated by Landlord in its election or pursuant to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during prior approval, before the last day of the Term. Upon Parks’ approval of any Alterations, Parks shall give notice Should Landlord consent in writing to Licensee whether such Alteration shall become property Tenant's alteration of the City upon such Alteration’s substantial completionPremises, provided, however, that if such Alteration is not constructed in accordance Tenant shall contract with the a contractor approved plans, then Parks shall, within thirty (30) days of Final Completion of by Landlord for the construction of such Alterationalterations, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreementssecure all appropriate governmental approvals and permits, and contractual understandings may pertain to contemplated purchases and/or work. shall complete such alterations with due diligence in compliance with plans and specifications approved by Landlord (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(aif required), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment . Tenant shall pay all costs for such Alteration(s) within ten (10) days after construction and shall keep the later to occur Premises free and clear of said completion or final payment. (d) Licensee all mechanics' liens which may result from construction by Tenant. Tenant's property shall comply with existing City include, without limitation, Tenant's furniture, furnishings, business machines and Parks’ proceduresequipment, computer conduits, communications equipment and such other property as may be amended from time to time during required in the conduct of Tenant's business. Tenant shall have the right, but not the obligation (except at the expiration or prior termination of the Term), for review of landscape redesignto remove the same at any time, renovation to finance the purchase thereof, to grant security interests therein and rehabilitation projects in the Licensed Premisesto otherwise encumber same. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessary. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Standard Modified Gross Office Lease (WWW Holdings Inc), Standard Modified Gross Office Lease (Earthlink Inc)

Alterations. 6.1 Licensee The following provisions govern Alterations constructed by Tenant: (i) Tenant shall not construct any Alterations or otherwise alter the Premises without Landlord's prior approval if (a) such action results in the demolition, removal or material alteration of existing improvements or future Renovation Improvements (including partitions, wall and floor coverings, ceilings, lighting fixtures or other utility installations), and (b) the cost of such construction or alteration exceeds One Hundred Thousand Dollars ($100,000) per work of improvement (as such amount is adjusted pursuant to Paragraph 41) or if the cost of Alterations done, under construction, or for which approval is sought during any calendar quarter exceeds One Hundred Thousand Dollars ($100,000) (as such amount is adjusted pursuant to Paragraph 41). With respect to any Alterations which must be approved by Landlord pursuant to the immediately preceding sentence, Tenant shall not commence construction of such Alterations until Landlord shall have the first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make no any Alterations to the Premises which could affect the structural integrity or other related areas herein the exterior design of the Building. Notwithstanding anything contained herein, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior consent. (ii) All Alterations requiring Landlord's approval shall be installed by Tenant in substantial compliance with the Commissioner’s prior written approvalapproved plans and specifications therefor. Licensee may perform Alterations to Licensed Premises only All construction undertaken by Tenant shall be done in accordance with the requirements all Laws and in a good and workmanlike manner using materials of this Article 6 and Article 8good quality. Upon Parks’ approval Tenant shall not commence construction of any Alterations until (a) all required governmental approvals and permits shall have been obtained, and (b) all requirements regarding insurance imposed by this Lease have been satisfied. (iii) Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord's architect which relates to the plans for the Building, including any "as-built" plans for the Building (and mechanical platforms on the Building roof) and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to plans for the Tenant Improvements and for Alterations. At all times during the Lease Term, Parks (a) Tenant shall reasonably cooperate with Licensee maintain and keep updated "as-built" plans for all Alterations constructed by Tenant which may or may not have required a building permit or other governmental approval, and (b) Tenant shall provide to make Landlord copies of all such "as-built" plans and any and all other drawings relating to Tenant's Alterations in the Premises. (iv) All Alterations shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Alterations so long as it repairs all damage caused by the installation thereof and returns the Premises to the condition existing prior to the installation of such Alterations. At the expiration or sooner termination of the Lease Term, all Alterations that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof. Notwithstanding anything contained herein (but subject to the restrictions set forth in Paragraphs 13.B(iv)(a) and (b)), if Landlord so requires, at the expiration or earlier termination of the Lease Term, Tenant shall remove any Alterations designated for removal by Landlord, including those Alterations for which Landlord's consent was not initially required, and shall restore the Premises to the condition existing prior to the installation of such Alterations only to any facilities installed by Licensee pursuant the extent necessary to this Article 6 or Article 8 during return the TermPremises to a condition that has substantially the same value to subsequent tenants as existed on the Commencement Date, ordinary wear and tear excepted. Upon Parks’ approval of any Alterations, Parks The following provisions shall give notice to Licensee whether such Alteration shall become property of qualify the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed general rule set forth in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee mustimmediately preceding sentence: (a) Obtain Tenant shall remove and restore all damage caused by the Commissioner’s removal of any specialized Alterations specifically related to the operation of Tenant's business in the Premises. To the extent Alterations made by Tenant results in a reduction in the capacity of HVAC, mechanical, electrical or plumbing systems, Tenant shall restore HVAC, mechanical, electrical and plumbing systems so that the capacity thereof is substantially the same as existed as of the Commencement Date, ordinary wear and tear excepted. If restroom "cores" and fixtures have been changed, such "cores" shall be moved to their original location and such "cores" and fixtures shall be restored to substantially the same condition as existed as of the Commencement Date, ordinary wear and tear excepted. If Tenant has made any Alterations to the structural parts of the Building (i.e., foundations, load-bearing walls, and structural roof system, but excluding roof membrane) or the floor slab, such structural parts of the Building shall be returned to the condition existing prior written approvalto the making of such Alterations by Tenant (including the filling of any pits, which well▇ ▇▇ trenches). If Tenant has made any Alterations to the roof membrane, the roof membrane shall be returned to the condition existing prior to the making of such Alterations by Tenant, except that Tenant shall not be unreasonably withheld or delayedobligated to restore any penetration of the roof membrane that has been made with the written approval of Landlord. The percentage of dropped ceiling for each area of the Building (office, for whatever designsresearch and development, plansetc.) shall be substantially the same as existed as of the Commencement Date. Any Alterations made by Tenant to the fire sprinkler system shall be restored to substantially the same condition as existed as of the Commencement Date, specifications, cost estimates, agreements, ordinary wear and contractual understandings may pertain to contemplated purchases and/or worktear excepted. (b) Ensure that work performed and Tenant shall only be required to remove Alterations made on for which either of the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike mannerfollowing is true, and within a reasonable time. (c) Notify the Commissioner only if such removal is otherwise required by all of the completion preceding provisions of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from this Paragraph 13.B(iv): (i) such Alterations were approved in writing by Landlord and, at the Commissionertime such approval was given by Landlord, Landlord informed Tenant in writing that Landlord would require that such Alterations be removed at the termination of the Lease Term; or his designee and (ii) any City or other governmental authorizations and approvals that may be necessarysuch Alterations were installed with Landlord's consent. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Sublease Agreement (Wink Communications Inc), Sublease Agreement (Wink Communications Inc)

Alterations. 6.1 Licensee Tenant shall make no Alterations changes in or to demised premises of any nature without Owner's prior written consent. Subject to prior written consent of Owner and to the Premises or other related areas herein without the Commissioner’s prior written approval. Licensee may perform Alterations to Licensed Premises only in accordance with the requirements provisions of this Article 6 articles, Tenant at Tenant's expense, may make alterations, installations, additions or improvement which are nonstructural and Article 8which do not affect utility services or plumbing and electrical lines, in or to the interior of demised premises by using contractors or mechanics first approved by Owner. Upon Parks’ Tenant shall, before making any alterations, installations, additions or improvement, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such ▇▇▇▇▇▇▇'▇ compensation, general liability, personal and property damage insurance as Owner may require. If any Alterationsmechanic's lien is filed against the demised premises, Parks shall reasonably cooperate with Licensee or the building of which the same forms a part, for work claimed to make such Alterations to any facilities installed by Licensee have done for, or materials furnished to, Tenant, whether or not done pursuant to this Article 6 article, the same shall be discharged by Tenant within ten days thereafter, at Tenant's expense, bu filling the bond required by law. All fixtures and all paneling, partitions, railing and installations, installed in the premises at any times, either by Tenant or Article 8 during by Owner in Tenant's behalf, shall, upon installations, become the Termproperty of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later then twenty days prior to the date fixed as the termination of this lease, elects to relinquish Owner's rights thereto and to have them removed by Tenant, in which event, the same shall be removed from the premises by Tenant prior to the expirations of the lease, at Tenant's expense. Upon Parks’ approval Nothing in this article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveables office furniture and equipment, but upon removal of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property from the premises or upon removal of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, other installations as may be amended from time requires by Owner. Tenant shall immediately and at its expense, repair and restore the premises to time during the Term, for review condition existing prior ro installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the end of landscape redesign, renovation and rehabilitation projects the term remaining in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors premises after Tenant's removal shall be deemed abandoned and may, at no cost to Parks (other than any agreed contribution the election of Owner, either be retained as Owner's property or may be removed from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessarypremises by Owner at Tenant's expense. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Lease Agreement (Learners World Inc), Lease Agreement (Learners World Inc)

Alterations. 6.1 Licensee Within a reasonable time period following Landlord’s receipt of a written request by Tenant given the availability of Landlord’s employees, Landlord shall, at Tenant’s sole cost and expense, perform the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay to Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make no Alterations any repairs to the Premises or other related areas herein without required of Tenant by the Commissioner’s prior written approval. Licensee may perform Alterations to Licensed Premises only in accordance with the requirements terms of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give Lease for more than 15 days after notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty from Landlord (30) days of Final Completion of the construction of such Alteration, give Licensee an updated although notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which shall not be unreasonably withheld or delayedrequired in an emergency), for whatever designs, plans, specifications, cost estimates, agreementsLandlord may make the repairs, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on Tenant shall pay the Licensed Premises are undertaken and completed in accordance reasonable cost of the repairs, together with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner administrative charge not to exceed to 10% of the completion cost of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final paymentrepairs. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessary. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Office Lease Agreement, Office Lease Agreement (Netsuite Inc)

Alterations. 6.1 Licensee (a) Tenant shall not make no Alterations any alterations to or modifications of the Premises or other construct any improvements within the Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval may be withheld in Landlord's sole discretion. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant's expense (including all permit fees and governmental charges related areas herein without thereto), using a licensed contractor first approved by Landlord, in substantial compliance with the Commissioner’s prior written approvalLandlord-approved plans and specifications therefor. Licensee may perform Alterations to Licensed Premises only All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new or like-new materials of good quality. Tenant shall not commence the requirements of this Article 6 and Article 8. Upon Parks’ approval making of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 modifications or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of alterations or the construction of any such Alterationimprovements until (i) all required governmental approvals and permits shall have been obtained, give Licensee (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant shall have given Landlord at lease five business days prior written notice of its intention to commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder's risk insurance in an updated notice as amount satisfactory to whether such Alteration Landlord in its reasonable discretion to cover any perils relating to the proposed work not covered by insurance carried by Tenant pursuant to Paragraph 20. In no event shall become property Tenant make any modification, alterations or improvements whatsoever to the Common Areas or the exterior or structural components of the City. 6.2 To alter Building including, without limitation, any cuts or penetrations in the Licensed floor, roof or exterior walls of the Premises. As used in this Article, Licensee must: (a) Obtain the Commissioner’s prior written approvalterm "modifications, which alterations and/or improvements" shall not be unreasonably withheld include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or delayed, for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or workthe like. (b) Ensure that work performed All modifications, alterations and Alterations improvements made on or added to the Licensed Premises are undertaken by Tenant (other than Tenant's inventory, equipment, movable furniture, wall decorations and completed trade fixtures) shall be deemed real property and a part of the Premises, but shall remain the property of Tenant during the Lease. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Premises during the Lease Term without Landlord's written approval first obtained in accordance with submissions approved the provisions of Paragraph 14(a) above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant's inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and shall be surrendered to Landlord as part of the Premises as required pursuant to Section 6.2(a)Paragraph 7, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Paragraph 7, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Premises by Landlord and/or at Landlord's expense shall be deemed real property and a good part of the Premises and workmanlike mannershall be property of Landlord. All lighting, plumbing, electrical, heating, ventilating and within a reasonable timeair conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Premises and not trade fixtures of Tenant. (c) Notify Tenant shall make all modifications, alterations and improvements to the Commissioner Premises, at its sole cost, that are required by any Law because of (i) Tenant's use or occupancy of the completion Premises, the Building, the Common Areas or the Property, (ii) Tenant's application for any permit or governmental approval, or (iii) Tenant's making of and any modifications, alterations or improvements to or within the date Premises. If Landlord shall, at any time during the Lease Term, be required by any governmental authority to make any modifications, alterations or improvements to the Building or the Property, the cost incurred by Landlord in making such modifications, alterations or improvements, including interest at a rate equal to the greater of final payment for such Alteration(s(a) within ten 12%, or (10b) days after the later to occur sum of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ proceduresthat rate quoted by ▇▇▇▇▇ Fargo Bank, as may be amended N.T. & S.A. from time to time during the Termas its prime rate, for review of landscape redesignplus two percent (2%) ("▇▇▇▇▇ Prime Plus Two"), renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from amortized by Landlord over the Cityuseful life of such modifications, alterations or improvements, as determined in accordance with generally accepted accounting principles, and contributions from other public or private sector partners or donors) the monthly amortized cost of such modifications, alterations and such work improvements as so amortized shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessaryincluded in Operating Expenses. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Office Lease (Maker Communications Inc), Office Lease (Maker Communications Inc)

Alterations. 6.1 Licensee shall Tenant may make no Alterations alterations, additions, or improvements to the Premises or other related areas herein without (the Commissioner’s “Alterations”), only with the prior written approval. Licensee may perform Alterations to Licensed Premises only in accordance with the requirements consent of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approvalLandlord, which shall not be unreasonably withheld withheld, conditioned, or delayed. Landlord shall have forty-five (45) days in which to respond to Tenant’s request for any Alterations so long as such request includes the name of Tenant’s contractors and reasonably detailed plans and specifications therefor. The term “Alterations” shall not include the installation of shelves, for whatever designsmovable partitions, plans, specifications, cost estimates, agreementsTenant’s equipment, and contractual understandings trade fixtures that may pertain to contemplated purchases and/or work. (b) Ensure that be performed without damaging existing improvements or the structural integrity of the Premises, and Landlord’s consent shall not be required for Tenant’s installation or removal of those items. Tenant shall perform all work performed within the Premises at Tenant’s expense in compliance with all applicable laws and shall complete all Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions plans and specifications approved pursuant by Landlord, using contractors approved by Landlord. Tenant shall pay, when due, or furnish a bond for payment (as set forth in Section 18) all claims for labor or materials furnished to Section 6.2(a)or for Tenant at or for use in the Premises, which claims are or may be secured by any mechanics’ or materialmens’ liens against the Premises or any interest therein. For the avoidance of doubt, Tenant shall be solely responsible for payment of all costs and expenses related to any Alteration or other work performed by, or at the direction of, Tenant at the Premises. Landlord shall have the right to post or deliver any notices Tenant shall remove all Alterations at the end of the Lease term unless Landlord conditioned its consent upon Tenant leaving a specified Alteration at the Premises, in a good which case Tenant shall not remove such Alteration and workmanlike mannerit shall become Landlord’s property. Tenant shall immediately repair any damage to the Premises caused by removal of Alterations. Tenant agrees to and shall indemnify and hold Landlord harmless against all liability, loss, damage, costs, attorneys’ fees and within a reasonable time. (c) Notify other expenses arising from claims of lien of laborers or materialmen for work performed or materials or supplies furnished for Tenant at the Commissioner of the completion of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessary. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Lease Agreement (iCap Vault 1, LLC), Lease Agreement (iCap Vault 1, LLC)

Alterations. 6.1 Licensee 3. Tenant shall make no Alterations changes in or to demised premises of any nature without Owner's prior written consent. Subject to prior written consent of Owner and to the Premises or other related areas herein without the Commissioner’s prior written approval. Licensee may perform Alterations to Licensed Premises only in accordance with the requirements provisions of this Article 6 articles, Tenant at Tenant's expense, may make alterations, installations, additions or improvement which are nonstructural and Article 8which do not affect utility services or plumbing and electrical lines, in or to the interior of demised premises by using contractors or mechanics first approved by Owner. Upon Parks’ Tenant shall, before making any alterations, installations, additions or improvement, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such ▇▇▇▇▇▇▇'▇ compensation, general liability, personal and property damage insurance as Owner may require. If any Alterationsmechanic's lien is filed against the demised premises, Parks shall reasonably cooperate with Licensee or the building of which the same forms a part, for work claimed to make such Alterations to any facilities installed by Licensee have done for, or materials furnished to, Tenant, whether or not done pursuant to this Article 6 article, the same shall be discharged by Tenant within ten days thereafter, at Tenant's expense, bu filling the bond required by law. All fixtures and all paneling, partitions, railing and installations, installed in the premises at any times, either by Tenant or Article 8 during by Owner in Tenant's behalf, shall, upon installations, become the Termproperty of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later then twenty days prior to the date fixed as the termination of this lease, elects to relinquish Owner's rights thereto and to have them removed by Tenant, in which event, the same shall be removed from the premises by Tenant prior to the expirations of the lease, at Tenant's expense. Upon Parks’ approval Nothing in this article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveables office furniture and equipment, but upon removal of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property from the premises or upon removal of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, other installations as may be amended from time requires by Owner. Tenant shall immediately and at its expense, repair and restore the premises to time during the Term, for review condition existing prior ro installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the end of landscape redesign, renovation and rehabilitation projects the term remaining in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors premises after Tenant's removal shall be deemed abandoned and may, at no cost to Parks (other than any agreed contribution the election of Owner, either be retained as Owner's property or may be removed from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessarypremises by Owner at Tenant's expense. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Store Lease (Learners World Inc), Store Lease (Learners World Inc)

Alterations. 6.1 Licensee Other than the Tenant Improvements, Tenant shall make no Alterations further alterations, additions or improvements (sometimes referred to in this Paragraph collectively as “Alterations”) to the Premises or other related areas herein without the CommissionerLandlord’s prior written approvalconsent as provided herein and without a valid building permit issued by the appropriate governmental agency. Licensee may perform Alterations Tenant shall submit to Licensed Premises only in accordance with the requirements of this Article 6 and Article 8. Upon Parks’ approval of any AlterationsLandlord, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alterationfor Landlord’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which a written description of the Alterations that Tenant proposes to perform, all applications for permits for such Alterations, detailed plans and specifications for Alterations constituting Major Alterations, and such other information regarding the intended Alterations as Landlord may reasonably require, and no request for Landlord’s consent to Alterations shall be deemed complete until such information is delivered. To the extent that any alterations, additions or improvements to the Premises constitute “Major Alterations” (as defined below), Landlord may withhold its consent in Landlord’s sole and absolute discretion; otherwise, Landlord’s consent to any alterations, additions or improvements to the Premises other than Major Alterations shall not be unreasonably withheld withheld, conditioned or delayed. As used herein, for whatever designs“Major Alterations” shall mean any alterations, plans, specifications, cost estimates, agreements, additions or improvements (i) which are visible from outside the Premises and/or Building (including design and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(aaesthetic changes), in a good and workmanlike manner, and within a reasonable time. and/or (cii) Notify to the Commissioner exterior of the completion Building, the roof of and the date Building, the heating, ventilation and/or air conditioning systems serving the Premises, the fire sprinkler, plumbing, electrical, mechanical and/or any other systems serving the Premises, any interior, load-bearing walls, the foundation and/or the slab of final payment for such Alteration(s) within ten the Building. Tenant shall notify Landlord in writing at least fifteen (1015) days after prior to commencement of any work to enable Landlord to post a Notice of Non-Responsibility or other notice deemed proper before the later to occur commencement of said completion work. Any and all such alterations, additions or final payment. (d) Licensee improvements shall comply with existing City and Parks’ proceduresall Applicable Laws including, as may be amended from time to time during the Termwithout limitation, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than obtaining any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City required permits or other governmental authorizations approvals. In addition, all Alterations shall be performed only by licensed contractors and approvals subcontractors and shall be performed in strict compliance with all permits, any plans and specifications approved by Landlord, and all conditions to Landlord’s approval. Tenant shall cause its contractors and subcontractors to maintain insurance reasonably acceptable to Landlord. Upon termination of this Lease, any alterations, additions and improvements (including without limitation all electrical, lighting, plumbing, heating and air-conditioning equipment, doors, windows, partitions, drapery, carpeting, shelving, counters, and physically attached fixtures) made by Tenant shall at once become part of the realty and belong to Landlord unless the terms of the applicable consent provide otherwise, or unless at the time of the applicable consent Landlord requests that may part or all of the additions, alterations or improvements be necessaryremoved. In such case, Tenant, at its sole cost and expense, shall promptly remove the specified additions, alterations or improvements and shall fully repair and restore the relevant portion(s) of the Premises to the condition in which Tenant is otherwise required to surrender the Premises under Paragraph 17.1. Notwithstanding the foregoing or anything in this Lease to the contrary, with respect to the Tenant Improvements and subsequent Alterations (unless Landlord’s applicable consent provides otherwise), Tenant shall only be required to remove alterations, additions and improvements that are not consistent with general office use (including, without limitation, laboratory related alterations, additions and improvements and restore the applicable portions of the Premises to their original condition upon termination of this Lease. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Lease (AbSci Corp), Lease (AbSci Corp)

Alterations. 6.1 Licensee Tenant shall not make no Alterations any alterations to the Premises or other related areas herein the Business Park without the Commissioner’s Landlord's prior written approvalconsent which shall not be unreasonably withheld. Licensee If Landlord gives its consent to such alterations, Landlord may perform Alterations to Licensed Premises only post notices in accordance with the requirements laws of the state in which the Premises are located. All alterations made by Tenant, whether or not subject to the approval of Landlord, shall be performed by Tenant and its contractors in a first class workmanlike manner and permits and inspections shall be obtained from all required governmental entities. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Article 6 and Article 8. Upon Parks’ approval of any AlterationsLease, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, except that if such Alteration is not constructed in accordance with the approved plans, then Parks shallLandlord may, within thirty (30) days before or thirty (30) days after expiration of Final Completion the Term, elect to require Tenant to remove some or all of the alterations which Tenant may have made to the Premises. If Landlord so elects, Tenant shall at its own cost restore the Premises to the condition designated by Landlord in its election, before the last day of the Term or within thirty (30) days after notice of its election is given, whichever is later. Should Landlord consent in writing to Tenant's alteration of the Premises, Tenant shall contract with a contractor approved by Landlord for the construction of such Alterationalterations. shall secure all appropriate governmental approvals and permits, give Licensee an updated notice as and shall complete such alterations with due diligence in compliance with plans and specifications approved by Landlord. Tenant shall pay all costs for such construction and shall keep the Premises free and clear of all mechanics' liens which may result from construction by Tenant. Notwithstanding anything in this Lease to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee mustcontrary: (a) Obtain the Commissioner’s prior written approval, which a. Tenant shall not be unreasonably withheld required to remove any improvement or delayedfixture installed by Tenant in, for whatever designs, plans, specifications, cost estimates, agreementson or about the Premises pursuant to Tenant's repair obligation under this Lease, and contractual understandings may pertain Tenant shall not be required to contemplated purchases and/or workremove any alterations, improvements, additions or utility installations for which Tenant has obtained Landlord's consent, unless Landlord has indicated, at the time of granting such consent, that such removal will be required. (b) Ensure that work performed b. Tenant shall be entitled to remove Tenant's furniture, equipment, trade fixtures and Alterations made on other personal property at the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a)expiration of the term, in a good and workmanlike manner, and within a reasonable timeprovided Tenant repairs all damages caused by such removal. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors c. Tenant shall be at no entitled to make alterations and utility installations in, on, under or about the Premises without consent of Landlord, so long as the cost to Parks (other than any agreed contribution from the City, and contributions from other public of such alteration or private sector partners or donors) and such work shall utility installation does not commence until the Licensee obtains prior written approval from (i) exceed the Commissioner, or his designee and sum of $2,500; (ii) affect the structural or exterior portions of the Building or adversely affect the Building electrical, plumbing or HVAC systems; or (iii) involve the removal or relocation of any City or other governmental authorizations walls. Tenant shall, however, provide Landlord fifteen (15) days prior advance written notice and approvals that may be necessarycopies of a description of the alteration along with building permit plans(s) and specifications to enable Landlord to post any desired notices of non-responsibility. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Lease Agreement (Docent Inc), Lease Agreement (Docent Inc)

Alterations. 6.1 Licensee Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall make no Alterations be governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer or permit to be made any alterations, additions or improvements to or of the Demised Premises or other related areas herein any part thereof, or attach any fixtures or equipment thereto, without the Commissioner’s prior first obtaining Landlord's written approval. Licensee may perform Alterations to Licensed Premises only in accordance with the requirements of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approvalconsent, which consent shall not be unreasonably withheld withheld, conditioned or delayeddelayed by Landlord. Any such alterations, additions or improvements to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for whatever designs, plans, specifications, cost estimates, agreements, Tenant's account and contractual understandings may pertain to contemplated purchases and/or Tenant shall reimburse Landlord for all costs thereof (including construction coordination fees as set forth in EXHIBIT "D-1" if Landlord is coordinating the work or as set forth in EXHIBIT "D-2" if Tenant is coordinating the work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manneras Rent, and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) within ten (10) days after receipt of a statement. This provision shall not apply to basic, non-material work within the later Demised Premises, such as, by way of illustration but not limitation, picture hanging, furniture installation and the rearranging of offices within the Demised Premises, and Tenant may cause such tasks to occur be performed without the prior consent of said completion Landlord. All such alterations, additions and improvements shall become Landlord's property at the expiration or final payment. (d) Licensee earlier termination of the Lease Term and shall comply with existing City remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and Parks’ proceduresimprovements, as may be amended from time in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations its condition prior to the Licensed Premises undertaken by Licenseeinstallation of such alterations, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, additions and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from improvements excepting only (i) the Commissioner, or his designee reasonable wear and tear and (ii) any City or other governmental authorizations casualty damage and approvals that may be necessarycondemnation. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Lease Agreement (TSW International Inc), Lease Agreement (Indus International)

Alterations. 6.1 Licensee shall A. From time to time after delivery of the Vessel into Charterer's service, Charterer may make no Alterations structural and other alterations to the Premises Vessel, its machinery, or other related areas herein without the Commissioner’s prior written approval. Licensee may perform Alterations to Licensed Premises electrical equipment, only in accordance with the requirements of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s Owner's prior written approval, which shall not be unreasonably withheld withheld, provided the alterations to the Vessel and its equipment are returned to their original state at or delayedprior to the termination of this Charter and Redelivery of the Vessel to Owner. Owner, however, has the option to retain any alterations made by Charterer at a mutually agreed price. In addition, leased equipment may be placed on board the Vessel by Charterer. At the time of Redelivery, Owner has the right at Owner's expense to continue the lease for whatever designssuch equipment should the lease permit or may require Charterer to have such equipment removed. As to equipment otherwise placed aboard the Vessel by Charterer, plansCharterer shall have the right to remove same upon Redelivery, specificationsprovided that if Owner desires to retain the equipment on board the Vessel, cost estimatesit may purchase the equipment at a price to be agreed upon at the time of Redelivery. Any additions or alterations permitted by this Article are subject to approval by the Vessel's classification society and, agreementsif required, and contractual understandings may pertain the U. S. Coast Guard. Notwithstanding anything to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed contrary contained in this Charter, Charterer shall not have the right to remove any gaming equipment other than in accordance with submissions approved pursuant to Section 6.2(athat certain Master Lease Agreement (Palm Beach Princess and Empress II Gaming Equipment), in a good and workmanlike mannerdated as of July 6, 2004, between PDS Gaming Corporation, as Lessor, and within a reasonable time. Charterer and ITGV (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures"Master Lease"), as may be amended from time to time during lessee, without the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee of PDS Gaming Corporation and (ii) any City or other governmental authorizations and approvals that may be necessaryOwner. (f) Licensee B. Charterer's house colors are currently painted on the Vessel, and the Vessel shall not install and/or continue to be so painted during the term of this Charter. Charterer shall have the right to rename the Vessel, and shall pay for all associated costs therefor. Prior to Redelivery, Charterer shall rename the Vessel at its expense in accordance with Owner's reasonable instructions. However, Owner shall in no event have the right to the use of Charterer's trademark following Redelivery. C. The Vessel shall be kept painted and metal surfaces preserved at all times, and Charterer shall maintain any temporary storage or other ancillary structures or staging areas without the Vessel in as good a Parks permitcondition as delivered, normal wear and tear excepted.

Appears in 2 contracts

Sources: Bareboat Charter and Option to Purchase (International Thoroughbred Breeders Inc), Bareboat Charter and Option to Purchase (International Thoroughbred Breeders Inc)

Alterations. 6.1 Licensee Tenant shall not make no Alterations or suffer to be made any alterations, additions, or improvements to or of the Premises or other related areas herein any part thereof without the CommissionerLandlord’s prior written approvalconsent, which Landlord may withhold in its sole discretion, except that Landlord’s consent shall not be required for non-structural alterations costing less than fifty thousand dollars ($50,000.00) that are not visible from the exterior of the Premises. Licensee may perform Alterations All alterations, additions, and improvements to Licensed Premises only the Premises, including but not limited to floor coverings, wall coverings, window coverings, paneling, and built-in accordance cabinet work, but excluding movable furniture, trade fixtures, and other unattached personal property, shall on the expiration of the Term become a part of the realty and belong to Landlord, and shall be surrendered with the requirements of this Article 6 and Article 8Premises whether or not installed with Landlord’s consent. Upon Parks’ approval of any AlterationsNotwithstanding the foregoing, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks Tenant shall, at its sole cost and expense, remove any alterations, additions, or improvements designated for removal by Landlord upon written notice given to Tenant within thirty (30) days after the termination of Final Completion this Agreement. If Tenant receives any such designation at least ten (10) days before the termination of this Agreement, the construction of such Alteration, give Licensee an updated notice as removal shall be completed prior to whether such Alteration termination. Otherwise the removal shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) within ten (10) days after Tenant’s receipt of Landlord’s designation. Tenant shall repair any damage to the later Premises caused in connection with the removal of any items pursuant to occur of said completion this Article and restore all damaged areas to a condition consistent with the surrounding finish. Landlord’s consent to any alterations, additions, or final payment. (d) Licensee improvements, when given, shall comply with existing City and Parks’ procedures, as be deemed to be conditioned upon Tenant acquiring any governmental approvals or permits which may be amended from time to time during the Termrequired, for review of landscape redesignall at Tenant’s sole cost and expense. All alterations, renovation additions, and rehabilitation projects in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors improvements shall be made by Tenant at no Tenant’s sole cost and expense by licensed contractors and in compliance with all laws and regulations. If requested by Landlord, Tenant shall provide a Payment and Performance Bond for Landlord Approved Construction over One Hundred Thousand Dollars ($100,000). Each contractor must first be approved in writing by Landlord. Tenant shall cause its contractors to Parks (other than any agreed contribution from submit to Landlord prior to entering the CityPremises certificates and endorsements evidencing liability insurance meeting the requirements for Tenant’s commercial generally liability policy set forth in Article 10 hereof and workers compensation and employer’s liability coverage as required by law. Each commercial general liability policy shall name as additional insureds Landlord, Landlord’s property manager, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessaryLandlord’s Mortgagees. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Office and Warehouse Lease, Office and Warehouse Lease (Tilly's, Inc.)

Alterations. 6.1 Licensee (a) Tenant shall not make no any alterations, additions or improvements (collectively "Alterations") of a structural nature in or to the Building or any Alterations to the Premises or other related areas herein exterior of the Building, without the Commissioner’s Landlord's prior written approvalconsent, which consent may be withheld in Landlord's sole discretion, in each instance. Licensee may perform Alterations to Licensed Premises only in accordance with the requirements of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks Tenant shall reasonably cooperate with Licensee be permitted to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterationsinterior, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or worknon-structural alterations without Landlord's consent. (b) Ensure that work performed Tenant shall give Landlord at least twenty (20) days prior written notice before commencing any Alterations requiring Landlord's consent and shall submit Tenant's plans for such Alterations made on at the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), same time. All Alterations shall be done in a good and workmanlike manner, and Tenant shall ensure that all of Tenant's contractors engaged in such work shall at all times maintain satisfactory builders risk insurance, workmen's compensation insurance and adequate public liability and property damage insurance. Tenant agrees to indemnify Landlord for any loss, cost, damage or expense, including reasonable attorney's fees, resulting from any mechanic's lien being filed on the Premises and to release any such lien within thirty (30) days after receipt of written notice of such filing. Following completion of any material Alterations costing in excess of $50,000.00, Tenant shall provide Landlord with a reasonable timeset of plans showing such Alterations. (c) Notify All Alterations made by Tenant or by Landlord on Tenant's behalf pursuant to the Commissioner provisions of this Lease shall remain the property of the completion of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time Tenant during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) . All Alterations (including wall to wall carpet) to the Licensed Premises undertaken by Licenseeshall remain upon the Premises and be surrendered with the Premises at the expiration of the Term without disturbance, its board membersmolestation or injury. At the expiration of the Term, officers, agents, employees, volunteers or contractors Tenant shall be at no cost required to Parks remove any Alterations that would be considered atypical in a commercial office building unless Tenant has obtained Landlord's consent to such Alterations prior to the installation thereof (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work which consent shall not commence until the Licensee obtains prior written approval from (i) the Commissionerbe unreasonably withheld, conditioned or his designee and (ii) any City or other governmental authorizations and approvals that may be necessarydelayed). (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Deed of Lease (Amerigroup Corp), Deed of Lease (Amerigroup Corp)

Alterations. 6.1 Licensee shall (a) With the prior written consent of Landlord, Tenant may from time to time, at its sole cost and expense and after giving Landlord copies of all architectural plans and specifications and related governmental permits, make no Alterations alterations, replacements, additions, changes, and improvements (collectively referred to in this Article as “Alterations”) in and to the interior of the Leased Premises as it may find necessary or other related areas herein convenient for operating the Leased Premises for the Permitted Use. Landlord may condition such consent as Landlord reasonably determines, including, without limitation, a condition requiring Tenant to remove any such Alteration upon the Commissionerexpiration or termination of the Lease Term and restoring the Leased Premises to the condition which existed on the date Tenant took possession, subject to normal wear and tear. Landlord shall give Tenant notice at the time of granting any such consent indicating whether Landlord will require Tenant to remove any such Alteration upon the expiration or termination of the Lease Term. Notwithstanding the foregoing, Tenant shall be permitted, without Landlord’s prior written approval. Licensee may perform Alterations to Licensed Premises only in accordance with the requirements of this Article 6 and Article 8. Upon Parks’ approval of any Alterationsconsent, Parks shall reasonably cooperate with Licensee to make alterations of a cosmetic nature such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during as painting, wallpapering, hanging pictures and installing carpet, so long as such alterations (i) are not visible from the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property exterior of the City upon such Alteration’s substantial completionLeased Premises and (ii) do not affect the walls or windows (other that Landlord approved window coverings) of the Leased Premises; the roof, providedsubfloor or any other structural element of the Building; or the mechanical, electrical, plumbing, heating, ventilating, air-conditioning and fire protection systems of the Building, subject, however, to the right of Landlord to request that if such Alteration is not constructed in accordance with the approved plansTenant, then Parks shallat Tenant’s sole cost and expense, within thirty (30) days of Final Completion of the construction to remove any of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property alterations upon the expiration or earlier termination of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or workthis Lease. (b) Ensure that work performed and All Alterations made on the Licensed Leased Premises are undertaken shall become the property of Landlord at the expiration or termination of the Lease Term and completed shall be surrendered with the Leased Premises. Notwithstanding the foregoing, so long as Tenant is not in accordance with submissions approved pursuant default under this Lease at the time of such expiration or termination, Tenant may remove its trade fixtures (including, without limitation, data cabling) from the Leased Premises, subject, however to Section 6.2(a)the obligation of Tenant to repair any damage by its removal of any such trade fixtures, in a good and workmanlike manner, and within a reasonable timewhich obligation shall survive such expiration or termination. (c) Notify Notwithstanding anything contained herein to the Commissioner contrary, Tenant shall, at its sole cost and expense, make any non-structural Alteration to or on the Leased Premises, or any part thereof that may be necessary or required by reason of the completion of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion any law, rule, regulation or final paymentorder promulgated by any competent government authority. (d) Licensee Tenant shall comply make or cause to be made any Alteration promptly and in a good workmanlike manner, in compliance with existing City all applicable permits and Parks’ proceduresauthorizations and building and zoning laws and all laws, as may be amended from time to time during in accordance with the Termorders, for review rules and regulations of landscape redesign, renovation the Board of Fire Insurance Underwriters and rehabilitation projects in any other body hereafter exercising similar functions having or asserting jurisdiction over the Licensed Lased Premises. (e) All Alterations Tenant may contract with Landlord to complete construction of any Alteration and Landlord shall provide Tenant with a bid for the cost thereof prepared by Landlord’s construction contractor(s). Alternatively, Tenant may obtain additional bids if it so chooses and engage its own contractor, provided Landlord receives copies of the bids and approves Tenant’s contractor and proposed materials, in writing, prior to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost commencement of the work relating to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work Alteration. Landlord shall not commence until be responsible for the Licensee obtains prior written approval quality or nature of the work performed by any contractor engaged by Tenant. Tenant shall indemnify and hold Landlord harmless from (i) and against any damage to the CommissionerBuilding, or his designee and (ii) any City other loss, cost, expense or other governmental authorizations and approvals that may be necessaryliability suffered by Landlord by reason of the act or omission of any contractor so engaged by Tenant. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Lease (Esperion Therapeutics, Inc.), Lease (Esperion Therapeutics, Inc.)

Alterations. 6.1 Licensee Tenant shall make no Alterations alterations, installations, changes or additions in or to the Premises or other related areas herein the Project (collectively, “Alterations”) without the Commissioner’s Landlord's prior written approvalconsent; provided that such consent may not be unreasonably withheld, conditioned or delayed if the Alterations are reasonably necessary for the Tenant’s business and are within the general scope of the Tenant Improvements; provided further, however, Tenant shall not be required to obtain Landlord’s consent for any cosmetic alterations, installations, changes or additions in or to the Premises that (a) do not impact the structural, mechanical, electrical, plumbing, fire/life safety or heating, ventilation and air conditioning systems of the Project, (b) are not visible from the outside of the interior of the Premises, (c) do not exceed Fifty Thousand and No/100 Dollars ($50,000.00) in the aggregate in any one (1) Lease Year, and (d) do not require a permit (“Minor Alterations”). Licensee may perform Any Alterations to Licensed Premises only approved by Landlord must be performed in accordance with the requirements terms hereof, using only contractors or mechanics approved by Landlord in writing and upon the approval by Landlord in writing of this Article 6 fully detailed and Article 8dimensioned plans and specifications pertaining to the Alterations in question, to be prepared and submitted by Tenant at its sole cost and expense. Upon Parks’ approval of Tenant shall at its sole cost and expense obtain all necessary third-party approvals and permits pertaining to any Alterations approved by Landlord or any Minor Alterations, Parks . Tenant shall reasonably cooperate with Licensee to make such cause all Alterations and Minor Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, in conformance with all applicable federal, state, county and within municipal laws, rules and regulations, pursuant to a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the Cityvalid building permit, and contributions from other public or private sector partners or donors) in conformance with Landlord's construction rules and such work regulations. If Landlord, in approving any Alterations, specifies a commencement date therefor, Tenant shall not commence until any work with respect to such Alterations prior to such date. Tenant hereby agrees to indemnify, defend, and hold Landlord free and harmless from all liens and claims of lien, and all other liability, claims and demands arising out of any work done or material supplied to the Licensee obtains prior written approval from (i) Premises by or at the Commissioner, request of Tenant in connection with any Alterations or his designee and (ii) any City or other governmental authorizations and approvals that may be necessaryMinor Alterations. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Standard Office Lease (Castle Biosciences Inc), Standard Office Lease (Castle Biosciences Inc)

Alterations. 6.1 Licensee Tenant shall not demolish, replace or alter the structural portions of the Building, or make no Alterations to any addition thereto or expansion thereof, or materially alter the Premises roof or other related areas herein exterior of the Building, without the CommissionerLandlord’s prior written approvalconsent (such consent not to be unreasonably withheld, conditioned or delayed (a “Material Alteration”). Licensee may perform Alterations to Licensed Premises only in accordance with In the requirements of this Article 6 and Article 8. Upon Parks’ approval event of any AlterationsMaterial Alteration or Work (as defined below) costing more than One Hundred Thousand and No/100 Dollars ($100,000.00) in a calendar year period, Parks Tenant shall reasonably cooperate provide Landlord with Licensee to make advance written notice thereof and Landlord shall have twenty (20) days from receipt of such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property deliver notice to Tenant (a “Removal Notice”) of its election to require Tenant to, at the expiration of the City upon Lease Term, restore the Premises to the condition existing prior to such Work or Material Alteration. If Tenant desires to undertake any such alterations which require Landlord’s substantial completionconsent, providedit shall notify Landlord in writing of the proposed alterations, however, that if such Alteration is not constructed in accordance with which notice shall include copies of the approved plans, then Parks shall, plans and specifications relating thereto and Landlord agrees to exercise commercially reasonable efforts to respond thereto within thirty (30) days of Final Completion after the date of the construction of such Alterationrequest. Landlord agrees to state with specificity any objections it has to the proposed plans and specifications. In all cases, give Licensee an updated notice as Tenant shall comply with the following requirements with respect any alterations, modifications or similar activities undertaken with respect to the Premises (“Work”), whether such Alteration shall become property of subject to the City. 6.2 To alter the Licensed Premises, Licensee mustforegoing consent requirement or not: (a) Obtain All Work, when completed, shall be of such a character as not to materially reduce the Commissioner’s prior written approval, which shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or work.value of the Premises below its value immediately before construction of such Work was commenced; (b) Ensure that work performed All Work shall be undertaken with reasonable diligence (subject to Force Majeure, as hereinafter defined) and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, manner and within a reasonable time.in compliance with all applicable permits and authorizations and the Restrictions; (c) Notify No Work shall impair the Commissioner safety or structural integrity of the completion of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment.Building; (d) Licensee All Work shall comply with existing City be completed free of liens for work, services, labor and Parks’ procedures, materials supplied or claimed to have been supplied to the Premises (except as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises.otherwise provided by law); (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors No Work shall be at no cost to Parks (other than any agreed contribution from undertaken without obtaining the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessary.insurance required by Section 6.01 hereof; and (f) Licensee No Work shall not install and/or maintain be undertaken until Tenant shall have procured and paid for, insofar as the same may be required from time to time, all permits and authorizations of all governmental authorities for such Work. Landlord shall join in the application for such permit or authorization and cooperate with Tenant and execute any temporary storage additional documents as may be necessary to allow Tenant to complete the alterations and changes, provided it is made without cost, liability, obligation or expense to Landlord. At termination of this Lease, all Work that is a Material Alteration (other ancillary structures or staging areas without than Trade Fixtures and Personal Property) shall become the property of Landlord and shall remain upon and be surrendered with the Premises as a Parks permitpart thereof at the termination of this Lease. All of the Work may at Tenant’s option be removed by Tenant (unless a Removal Notice was delivered to Tenant as provided above).

Appears in 2 contracts

Sources: Lease (Federal Signal Corp /De/), Lease (Federal Signal Corp /De/)

Alterations. 6.1 Licensee Tenant shall make no Alterations alterations, installations, changes or additions in or to the Premises or other related areas herein the Project (collectively, “Alterations”) without the CommissionerLandlord’s prior written approval. Licensee may perform Alterations to Licensed Premises only in accordance with the requirements of this Article 6 and Article 8. Upon Parks’ approval of any Alterationsconsent, Parks which consent shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 not be unreasonably withheld, conditioned or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, delayed; provided, however, that it shall be deemed reasonable for Landlord to withhold its consent to any Alteration which conflicts with the construction rules and regulations, or adversely affects the structural portions of the Premises, the Building or the Project, or adversely affects the Building Systems or any portion thereof. Without limitation as to other grounds for Landlord withholding its consent to any proposed Alteration, Landlord may withhold its consent to a proposed Alteration if Landlord determines that such Alteration is not constructed compatible with any existing or planned future certification of the Project under the LEED rating system (or other applicable certification standard). Any Alterations approved by Landlord must be performed in accordance with the terms hereof, using only contractors or mechanics reasonably approved plansby Landlord in writing and upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration be prepared and submitted by Tenant at its sole cost and expense. Tenant shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which at its sole cost and expense obtain all necessary approvals and permits pertaining to any Alterations approved by Landlord. Tenant shall not cause all Alterations to be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, in conformance with all Laws, pursuant to a valid building permit, and within in conformance with Landlord’s construction rules and regulations. All Alterations shall be performed in accordance with the Tenant Sustainable Design & Construction Guidelines attached hereto as Exhibit “H” and incorporated herein. If Landlord, in approving any Alterations, specifies a reasonable time. (c) Notify commencement date therefor, Tenant shall not commence any work with respect to such Alterations prior to such date. Tenant hereby agrees to indemnify, defend, and hold Landlord free and harmless from all liens and claims of lien, and all other liability, claims and demands arising out of any work done or material supplied to the Commissioner Premises by or at the request of Tenant in connection with any Alterations, except to the completion extent caused by the negligence or willful misconduct of and Landlord. The foregoing notwithstanding, Tenant shall have the date of final payment for such Alteration(s) within ten (10) days after the later right to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ proceduresperform, as may be amended from time to time during the Termwithout Landlord’s consent, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All non‑structural Alterations to the Licensed Premises undertaken by Licenseewhich (1) do not affect any area of the Building outside of the Premises, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution 2) are not visible from the Cityexterior of the Premises, (3) do not affect or involve the Building Systems, and contributions from other public (4) do not require the issuance of a building permit and cost Five Hundred Thousand and 00/100 Dollars ($500,000.00) or private sector partners or donorsless on a completed project basis (“Cosmetic Alterations”), provided Tenant shall deliver at least five (5) days’ prior written notice thereof to Landlord describing the work to be performed and such work shall not commence until is performed subject to and in accordance with this Article 9 in all other respects. Any wiring and cabling installed by or on behalf of Tenant or any of the Licensee obtains prior written approval from Tenant Parties, must be marked and coded in a manner reasonably acceptable to Landlord to identify such facilities as belonging to Tenant and the point of commencement and termination of such facilities and the purpose of such lines (i) every six (6) feet outside the CommissionerPremises (including the electrical room risers and any Common Areas), or his designee and (ii) at their termination points. Unless otherwise notified by Landlord, Tenant, at its expense and before the expiration or earlier termination hereof, shall remove all such wiring and cabling installed in the Premises or the Common Areas by or for Tenant or any City or other governmental authorizations of the Tenant Parties and approvals that may be necessaryrepair any resulting damage. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Lease Agreement (Generate Biomedicines, Inc.), Lease Agreement (Generate Biomedicines, Inc.)

Alterations. 6.1 Licensee Other than the construction of the Project, which shall make no Alterations be governed by the provisions of Article III of the Mortgage Loan Agreement, Borrowers shall, or shall cause Mortgage Borrowers to, obtain Lender’s prior consent to any material alterations to any Improvements, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Lender’s consent shall not be required in connection with any alterations that will not have a material adverse effect on any Borrower’s or Mortgage Borrower’s financial condition, the value of the Collateral, the applicable Property or the Net Operating Income, provided that such alterations (a) are made in connection with tenant improvement work performed pursuant to the Premises terms of any Lease, (b) do not materially adversely affect any structural component of any Improvements, any utility or other related areas herein without HVAC system contained in any Improvements or the Commissioner’s prior written approval. Licensee may perform Alterations to Licensed Premises only exterior of any building constituting a part of any Improvements and the aggregate cost thereof does not exceed the Alteration Threshold Amount, or (c) are performed in connection with the Restoration of a Property after the occurrence of a Casualty or Condemnation in accordance with the requirements terms and provisions of the Mortgage Loan Agreement and this Article 6 and Article 8Agreement. Upon Parks’ To the extent Lender’s prior written approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee is required pursuant to this Article 6 Section 5.1.21, Lender shall have fifteen (15) Business Days from receipt of written request and any and all reasonably required information and documentation relating thereto in which to approve or Article 8 during disapprove such request and such written request shall state thereon in bold letters of 14 point font or larger that action is required by Lender. If Lender fails to approve or disapprove the Termrequest within such fifteen (15) Business Days, Lender’s approval shall be deemed given. Upon Parks’ approval of Should Lender fail to approve any Alterationssuch request, Parks Lender shall give Borrowers written notice setting forth in reasonable detail the basis for such disapproval. In no event shall Lender require any “consent fee” as a condition to Licensee whether any required approval. If the total unpaid amounts due and payable with respect to alterations to the Improvements at any Property (other than such amounts to be paid or reimbursed by tenants under the Leases) shall at any time exceed the Alteration Threshold Amount, Borrowers shall become property promptly deliver to Lender as security for the payment of such amounts and as additional security for Borrowers’ obligations under the Loan Documents any of the City upon such Alteration’s substantial completionfollowing: (A) cash, (B) U.S. Obligations, (C) other securities having a rating acceptable to Lender and that the applicable Rating Agencies have confirmed in writing will not, in and of itself, result in a downgrade, withdrawal or qualification of the then current ratings assigned to any Securities or any class thereof in connection with any Securitization, (D) a Letter of Credit, or (E) a completion and performance bond issued by an Approved Bank; provided, however, that (i) in the event (A) Mortgage Borrowers are required to and do deliver such security to Mortgage Lender under the Mortgage Loan Agreement, or (B) if the Mortgage Loan has been paid in full, First Mezzanine Borrowers are required to and do deliver such Alteration is not constructed in accordance with security to First Mezzanine Lender under the approved plansFirst Mezzanine Loan Agreement; and (ii) upon request, Lender receives evidence reasonably acceptable to it of the delivery of such security by Mortgage Borrowers to Mortgage Lender, or by First Mezzanine Borrowers to First Mezzanine Lender, as applicable, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which Borrowers shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain required to contemplated purchases and/or work. deliver any such security to Lender. Such security (bif given as set forth above) Ensure that work performed and Alterations made shall be in an amount equal to the excess of the total unpaid amounts with respect to alterations to the Improvements on the Licensed Premises are undertaken applicable Property (other than such amounts to be paid or reimbursed by tenants under the Leases) over the Alteration Threshold Amount and completed in accordance with submissions approved pursuant to Section 6.2(a)during the continuance of an Event of Default, in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for Lender may apply such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended security from time to time during at the Term, option of Lender to pay for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premisessuch alterations. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessary. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Second Mezzanine Loan Agreement (Hard Rock Hotel Holdings, LLC), Second Mezzanine Loan Agreement (Hard Rock Hotel Holdings, LLC)

Alterations. 6.1 Licensee Subsequent to the completion of any Landlord’s Work pursuant to Section 2, Tenant shall not attach any fixtures, equipment or other items to the Premises, or paint or make no Alterations any other additions, changes, alterations, repairs or improvements (collectively hereinafter “alterations”) to the Premises, Building or Property without Landlord’s prior written consent, which with respect to alterations to the Premises will not be unreasonably withheld, conditioned or other related areas herein without the Commissioner’s prior written approvaldelayed so long as Tenant is not then in default of this Lease (beyond any applicable cure period). Licensee If Landlord consents to any alteration, Landlord may perform Alterations to Licensed Premises only post notices of nonresponsibility in accordance with law. Any alterations so made shall remain on and be surrendered with the requirements Premises upon expiration or earlier termination of this Article 6 and Article 8. Upon Parks’ approval of any AlterationsLease, Parks shall reasonably cooperate with Licensee except that Landlord may, but subject to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shallnext grammatical sentence, within thirty (30) days before the expiration or earlier termination hereof elect in writing to require Tenant to remove any or all alterations at Tenant’s sole cost and expense. At the time Tenant submits plans for requested alterations to Landlord for Landlord’s approval, Tenant may request Landlord to identify which alterations Landlord will require Tenant to remove at the termination of Final Completion or expiration of this Lease, and Landlord shall make such identification simultaneous with its approval (if any) of the construction alterations. If Landlord elects to require removal of alterations, then at its own and sole cost Tenant shall restore the Premises to substantially the same the condition (reasonable wear and tear and damage from fire or other insured casualty excepted) existing prior to the installation of such Alterationalteration or improvement, give Licensee an updated notice as to whether such Alteration shall become property before the last day of the City. 6.2 To alter term. Notwithstanding anything contained in this Lease to the Licensed Premisescontrary, Licensee must: (a) Obtain the CommissionerLandlord’s prior written approval, which consent shall not be unreasonably withheld or delayed, required for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissionerany interior decorative changes such as partitioning, carpeting, installation of shelves, painting, wallpapering, or his designee and for (ii) any City non-structural alterations which do not affect the Building’s structure or other governmental authorizations the Building Systems and approvals Equipment, provided, that may be necessaryany of the foregoing in either (i) or (ii) above do not require a building permit and do not cost more than $10,000.00 in any one particular instance (collectively, “Cosmetic Alterations”). Tenant shall provide Landlord with at least fifteen (15) days advance notice of any proposed Cosmetic Alterations. Except as expressly set forth to the contrary above, Tenant shall otherwise comply with the provisions of this Section 10 with respect to Cosmetic Alterations in the same manner as if they were alterations requiring Landlord’s consent hereunder. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Office Lease (Carbon Black, Inc.), Office Lease (Carbon Black, Inc.)

Alterations. 6.1 Licensee (a) Except as otherwise expressly set forth in Section 7.03(b) below, Tenant shall make no Alterations not permit alterations in or to the Leased Premises unless and until Landlord has approved the plans therefor in writing. Landlord shall have five (5) business days after receipt of the plans for Tenant’s alterations (or other related areas herein without twenty (20) business days after receipt of the Commissionerplans for Tenant’s prior written alterations if the alterations are structural or mechanical in nature) in which to review said plans and in which to give to Tenant notice of its approval or disapproval (and in the case of disapproval, reasonable detail for the disapproval) of said plans. In the event Landlord fails to respond within said five (5) (or twenty (20), if applicable) business day period, Tenant shall provide a second notice to Landlord. If Landlord fails to respond within five (5) business days following Landlord’s receipt of such second notice, the plans submitted by Tenant shall be deemed approved. As a condition of such approval. Licensee , Landlord may perform Alterations require Tenant to Licensed remove the alterations and restore the Leased Premises only in accordance with the requirements to its pre-alterations condition upon termination of this Article 6 Lease; otherwise, all such alterations shall, at Landlord’s option, become a part of the realty and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of Landlord and shall not be removed by Tenant. Tenant has the City upon such Alteration’s substantial completion, providedright, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissionerremove Tenant’s prior written approval, which shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreements, Property at any time and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Lease Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (eb) All Alterations Notwithstanding the foregoing, Tenant shall have the right to make alterations to the Licensed Premises undertaken by Licenseeinterior of the Building, without obtaining Landlord’s prior written consent provided that (i) such alterations do not exceed Five Hundred Thousand and No/100 Dollars ($500,000.00) in cost in any one instance during the Lease Term (exclusive of the cost of any equipment being installed in connection with such alteration); (ii) such alterations are non-structural and non-mechanical in nature; (iii) for alterations that will cost in excess of Two Hundred Thousand and No/100 Dollars ($200,000.00) (exclusive of the cost of any equipment being installed in connection with such alteration), Tenant provides Landlord with prior written notice of its board membersintention to make such alterations, officersstating in reasonable detail the nature, agents, employees, volunteers or contractors shall be at no extent and estimated cost to Parks (other than any agreed contribution from the Cityof such alterations, and contributions from other public or private sector partners or donorsif plans and specifications are being prepared in connection with such alterations, then Tenant shall deliver a copy of such plans and specifications; and (iv) at Landlord’s option, Tenant must remove such alterations and such work shall not commence until restore the Licensee obtains prior written approval from Leased Premises upon termination of this Lease. (c) If (i) the CommissionerCity of Linden’s approval is required in connection with any alterations, or his designee and (ii) such alterations require (x) Landlord’s approval pursuant to Section 7.03(a), or (y) Tenant to notify Landlord of such alterations pursuant to Section 7.03(b), Tenant shall notify Landlord accordingly, and Landlord shall be given the opportunity to participate in any applicable discussions with the City or other governmental authorizations and approvals that may be necessaryof Linden. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Lease (Blue Apron Holdings, Inc.), Lease (Blue Apron Holdings, Inc.)

Alterations. 6.1 Licensee A. Tenant shall not make no Alterations or cause to be made any alterations, additions, renovations, improvements or installations in or to the Leased Premises or other related areas herein without the CommissionerLandlord’s prior written approval. Licensee may perform Alterations to Licensed Premises only in accordance with the requirements of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approvalconsent, which such consent shall not be unreasonably withheld withheld, unless Landlord reasonably determines that the proposed Alterations could (i) affect the exterior or delayedcommon areas of the Building or adversely affect the Building’s structure or safety; (ii) adversely affect in any respect the electrical, plumbing, fire/life/safety or mechanical (including HVAC) systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or the Building; or (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building. Tenant shall in no event make or permit to be made any alterations, modification, substitution or other change to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Leased Premises. If Landlord consents to any such alterations, additions, renovations, improvements or installations by Tenant, Landlord shall have the right (but not the obligation) in its sole discretion to manage or supervise such work and Tenant shall pay to Landlord a reasonable fee to reimburse Landlord for whatever designs, plans, specifications, cost estimates, agreements, overhead and contractual understandings may pertain to contemplated purchases and/or workadministrative costs and expenses incurred in connection with the management or supervision of such work by Landlord. B. Notwithstanding anything contained in this Section 9.03, Tenant shall have the right to make Permitted Alterations (bhereinafter defined) Ensure that work performed and in the Leased Premises, without Landlord’s consent (but with twenty (20) days prior written notice (the “Permitted Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(aNotice”), in which notice shall contain a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner description of the completion Permitted Alterations proposed to be undertaken by Tenant and state that such Alterations are Permitted Alterations). A Permitted Alteration shall mean any cosmetic Alterations in the Leased Premises that could not (i) affect the exterior or common areas of the Building or the structure or safety of the Building; (ii) affect the electrical, plumbing, fire/life/safety or mechanical systems of the Building or the functioning thereof; (iii) be or become visible from the exterior of the Leased Premises or Building; (iv) interfere with the operation of the Building or the provision of services or utilities to other tenants in the Building; (v) cost more than Twenty Thousand Dollars ($20,000.00) in any twelve (12) month period; and (vi) require a permit. In the date of final payment for such Alteration(s) event that, within ten (10) days after receiving the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ proceduresPermitted Alterations Notice, as may be amended from time to time during Landlord determines, in its reasonable discretion, that the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All proposed Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the Cityare not Permitted Alterations, and contributions from other public or private sector partners or donors) and so notifies Tenant, Tenant shall apply for Landlord’s consent for such work shall not commence until Alterations in accordance with the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessaryprovisions of this Article IX. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Office Lease Agreement (SI-BONE, Inc.), Office Lease Agreement (SI-BONE, Inc.)

Alterations. 6.1 Licensee shall (a) Tenant may make no Alterations alterations, additions or improvements (collectively, "Alterations") to the Premises or install fixtures in the Premises after first obtaining Landlord's consent, which consent shall not be unreasonably withheld; provided however, that it shall be deemed reasonable for Landlord to withhold its consent if: (a) the cost of the work will exceed Two Hundred Fifty Thousand Dollars ($250,000) (b) a building permit will be required; or (c) if there will be any material modifications to any exterior or structural components of the Building or any of the Building's operating systems, including, without limitation, heating, ventilating, air conditioning, plumbing, electrical, and other related areas herein operating systems. Notwithstanding the foregoing, Tenant may make any Alterations which are cosmetic (e.g. minor painting, changes of floor coverings or wall coverings, installation of artwork or decorations, etc.), without Landlord's consent being required, provided such cosmetic alterations do not require a building permit and do not effect the Commissioner’s prior written approval. Licensee may perform Alterations to Licensed Premises only in accordance with exterior of the requirements Building or the structural or mechanical components of this Article 6 and Article 8the Building. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee Tenant's written request for Landlord's consent to make such certain Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any AlterationsSection, Parks Landlord shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within have thirty (30) days from the date on which Landlord receives all information reasonably required by Landlord for Landlord's review of Final Completion said request to provide Tenant with notice of Landlord's consent or withholding of consent to Tenant's request (along with a written description of Landlord's reason(s) for withholding of consent, if applicable). In the construction event that Landlord elects to and has a right to oversee (or cause to be overseen) Tenant's requested Alteration(s), Landlord shall provide Tenant with notice of such Alterationelection within said thirty (30) day period. In connection with Tenant's request for Landlord's consent under this Lease, give Licensee an updated notice as Tenant shall pre-pay to whether Landlord the sum of Two Hundred Fifty Dollars ($250.00) for Landlord's review of applicable documents and plans. Tenant also shall reimburse Landlord for any third-party costs and expenses incurred or to be incurred by Landlord related to such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) review within ten (10) days after of receipt of Landlord's statement therefor. Furthermore, in the later event Landlord may elect to occur oversee, or cause to be overseen, such Alterations, Landlord shall be entitled to receive a fee for such oversight in an amount equal to three (3%) of said completion the cost of such alterations, additions or final payment. (d) Licensee improvements. Landlord's review and approval of Tenant's plans and specifications for any work performed for or on behalf of Tenant shall not be deemed to be a representation by Landlord that such plans and specifications comply with existing City applicable insurance requirements, building codes, ordinances, laws or regulations including, without limitation, the provisions of the Americans With Disabilities Act, 42. U.S.C. 12101 et seq. and Parks’ proceduresany governmental regulations with respect thereof (the "ADA") and Title 24 of the California Administrative Code ("Title 24"), and other similar federal, state, and local laws and regulations or that the Alterations are constructed in accordance with such plans and specifications or that such plans and specifications will be adequate for Tenant's use. In no event, however, may the Tenant make any Alterations or install fixtures which, in Landlord's reasonable judgment, might adversely affect the structural components of the Building or Building mechanical, utility or life safety systems. At the time such consent is requested, Tenant shall furnish to Landlord a description of the proposed work, an estimate of the cost thereof and such information as shall reasonably be requested by Landlord substantiating Tenant's ability to pay for such work. Landlord, at its sole option, may require as a condition to the granting of such consent to any work costing in excess of Five Hundred Thousand Dollars ($500,000), that Tenant provide to Landlord, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1-1/2) times any and all estimated costs of the proposed work, to insure Landlord against any liability for mechanics' and materialmen's liens and to insure completion of the work. Before commencing any work, Tenant shall give Landlord at least twenty (20) days written notice of the proposed commencement of such work in order to give Landlord an opportunity to prepare, post and record such notice as may be amended from time permitted by law to time during the Term, for review of landscape redesign, renovation and rehabilitation projects protect Landlord's interest in the Licensed Premises and the Building from mechanics' and materialmen's liens. Within a reasonable period following completion of any work for which plans and specifications were required to obtain a building permit for such work, Tenant shall furnish to Landlord "as built" plans showing the changes made to the Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessary. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Office Lease (NBC Internet Inc), Office Lease (Xoom Inc)

Alterations. 6.1 Licensee 11.1 Tenant shall not make no Alterations any alterations, additions or improvements to the Demised Premises (collectively, the "Alterations") without the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cuffing or otherwise defacing the Demised Premises. Tenant shall furnish complete plans and specifications to Landlord at the time it requests Landlord's consent to any Alterations if the desired Alterations (i) will affect the Industrial Complex's mechanical, electrical, plumbing, or life safety systems or services, or (ii) will affect any structural component of the Demised Premises or other related areas herein without the Commissioner’s Industrial Complex, or (iii) will require the filing of plans and specifications with any governmental or quasi-governmental agency or authority, or (iv) will cost in excess of Twenty-Five Thousand Dollars ($25,000.00). Subsequent to obtaining Landlord's consent and prior written approval. Licensee may perform Alterations to Licensed Premises only in accordance with commencement of the requirements of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks Tenant shall reasonably cooperate with Licensee deliver to make such Alterations to Landlord any facilities installed building permit required by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property applicable law and a copy of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the executed construction of such Alteration, give Licensee an updated notice as to whether such Alteration contract(s). Tenant shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) reimburse Landlord within ten (10) days after the later rendition of a ▇▇▇▇ for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including, without limitation, all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Tenant's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to occur the making of said completion any Alteration, such Alteration shall be made by Tenant at Tenant's sole cost and expense by a contractor approved in writing by Landlord. Tenant shall give Landlord not less than ten (10) days advance written notice of the commencement of Tenant's Alterations to enable Landlord to post and record notices of nonresponsibility. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Any construction, alteration, maintenance, repair, replacement, installation, removal or final payment. (d) Licensee decoration undertaken by Tenant in connection with the Demised Premises shall be completed in accordance with plans and specifications which must be approved by Landlord, shall be carried out in a good, workmanlike and prompt manner and in accordance with the provisions of EXHIBIT "C" annexed hereto, shall comply with existing City all applicable Regulations of the authorities having jurisdiction thereof, and Parks’ proceduresshall be subject to supervision by Landlord or its employees, agents or contractors. Without limiting the generality of the immediately preceding sentence, any installation or replacement of Tenant's heating or air conditioning equipment must be effected strictly in accordance with Landlord's instructions, the Clean Air Act and all other applicable Regulations. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Areas either within or without the Industrial Complex in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations and/or improvements to other portions of the Industrial Complex in order to comply with any applicable Regulations, then Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in making such alterations and/or improvements. Any Alterations made by Tenant shall become the property of Landlord upon installation and shall remain on and be surrendered with the Demised Premises upon the expiration or sooner termination of this lease, except Tenant shall upon demand by Landlord, at Tenant's sole cost and expense, forthwith and with all due diligence remove all or any portion of any Alterations made by Tenant which are designated by Landlord to be removed and repair and restore the Demised Premises in a good and workmanlike manner to their original condition, reasonable wear and tear excepted. Notwithstanding the foregoing, prior to commencing any Alterations, Tenant may request Landlord's waiver of the restoration obligation with respect to specified Alterations, which waiver may be granted or withheld by Landlord in its sole discretion. 11.2 All construction work done by Tenant within the Demised Premises shall be performed in a good and workmanlike manner with new materials of first-class quality, lien-free and in compliance with all governmental requirements and Regulations, and in such manner as to cause a minimum of interference with other construction in progress and with the transaction of business in the Industrial Complex. Tenant agrees to indemnify Landlord and hold Landlord harmless against any loss, liability or damage resulting from such work, and Tenant shall, if requested by Landlord, furnish a bond or other security satisfactory to Landlord against any such loss, liability or damage. 11.3 In the event Tenant uses a general contractor to perform construction work within the Demised Premises, Tenant shall, prior to the commencement of such work, require said general contractor to execute and deliver to Landlord a waiver and release of any and all claims against Landlord and liens against the Industrial Complex to which such contractor might at any time be entitled. The delivery of the waiver and release of lien within the time period set forth above shall be a condition precedent to Tenant's ability to enter on and begin its construction work at the Demised Premises and, if applicable, to any reimbursement from Landlord for its construction work. 11.4 Nothing contained in this lease shall be construed as constituting the consent or request of Landlord, express or implied, to or for the performance by any contractor, laborer, materialman or vendor of any labor or services or for the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to the Demised Premises or any part thereof. All materialmen, contractors, artisans, mechanics, laborers and any other persons now or hereafter furnishing any labor, services, materials, supplies or equipment to Tenant with respect to any portion of the Demised Premises are hereby charged with notice that they must look exclusively to Tenant to obtain payment for same. Tenant and any subtenants shall have no power to do any act or make any contract which may create or be the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any interest of Landlord in the Demised Premises. NOTICE IS HEREBY GIVEN THAT LANDLORD IS NOT AND SHALL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO TENANT OR TO ANYONE HOLDING THE DEMISED PREMISES OR ANY PART THEREOF, AND THAT NO MECHANICS' OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE DEMISED PREMISES. 11.5 In the event that Landlord elects to remodel all or any portion of the Industrial Complex, Tenant will cooperate with such remodeling, including Tenant's tolerating temporary inconveniences (and even the temporary removal of Tenant's signs in order to facilitate such remodeling, as it may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations relate to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from exterior of the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessaryDemised Premises). (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Industrial Complex Lease (Ariba Inc), Sublease (Ariba Inc)

Alterations. 6.1 Licensee A. Tenant may make alterations or improvements to the interior of the Premises, without the approval of Landlord , without Landlord’s prior written consent so long as: (i) such alterations do not affect or require work to be performed on the structural portions of the Building or the life-safety, electrical, plumbing, heating, ventilation, air-conditioning, fire-protection, telecommunications or other building systems, (ii) such alterations are not visible from the exterior of the Premises, (iii) Tenant obtains the issuance of a building or other governmental permit, authorization or approval to the extent required for such alterations, and (iv) the cost of such alterations does not exceed Fifty Thousand Dollars ($50,000.00) per project. The foregoing alterations shall be hereinafter referred to as the “Minor Alterations”. Tenant shall provide Landlord at least twenty (20) days’ written notice prior to commencing such Minor Alterations. Any alterations or improvements other than Minor Alterations that Tenant desires to make no Alterations to the Premises or other related areas herein without the Commissionershall require Landlord’s prior written approval. Licensee may perform Alterations to Licensed Premises only in accordance with the requirements of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approvalconsent, which consent shall not be unreasonably withheld withheld. In no event shall Tenant be permitted to make alterations or delayed, for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner repairs outside of the completion of and Premises. Landlord shall respond to Tenant’s request for consent to the date of final payment for such Alteration(s) proposed alterations within ten (10) days after Landlord receives the later request. If Landlord fails to occur respond within such ten (10) day period, Tenant may send a second request to Landlord. If no response is forthcoming from Landlord within five (5) days after Landlord’s receipt of said the second notice, Landlord shall be deemed to have approved the proposed alterations. Any disapproval by Landlord shall include all specific reasons for such disapproval. Tenant shall, at its expense, cause all alterations to comply with all laws, statutes, ordinances, codes, rules, regulations, directives, requirements, orders, judgments, decrees or permits of any governmental authority or fire insurance underwriter or rating bureau, including the Americans with Disabilities Act of 1990 (“ADA”), Title 24 of the California Code of Regulations, and all building code, energy conservation, environmental, seismic, handicap, fire, health and safety laws (including laws relating to the handling and disposal of asbestos-containing materials) and regulations applicable to the Building (collectively “Legal Requirements”), provided that if on the Possession Date, the Premises do not comply with current Legal Requirements applicable to the Real Property (including, without limitation, the ADA), any design or construction costs incurred by Tenant that would not have been incurred had the Premises complied with all Legal Requirements in effect as of the Possession Date shall be reimbursed by Landlord to Tenant within twenty (20) days after receipt by Landlord from Tenant of an invoice documenting such costs. In addition, if in the course of performing any alterations, the Premises are determined to contain Hazardous Substances, Tenant shall have the right, by notice to Landlord, to require Landlord to remove, at Landlord’s expense, all such Hazardous Substances within thirty (30) days following receipt of such notice B. Any such alterations and improvements made by Tenant, including without limitation any partitions (movable or otherwise) or carpeting, shall become a part of the Building and belong to Landlord; provided, however, that equipment, trade fixtures and movable furniture shall remain the property of Tenant. Tenant shall use a general contractor, subcontractors, engineers and architects that are on Landlord’s approved list of design and construction professionals or those listed in Section 4.1(a) of the Work Letter. All alterations and improvements other than Minor Alterations shall be made in accordance with plans and specifications approved in writing by Landlord and shall be designed and constructed in compliance with all applicable Legal Requirements. The design and construction of any alterations or improvements shall be performed in accordance with Landlord’s construction rules, regulations and requirements, attached hereto as Exhibit E. Under no circumstances shall Landlord be liable to Tenant for any damage, loss, cost or expense incurred by Tenant on account of Tenant’s plans and specifications, Tenant’s contractors or subcontractors, or design of any work. Except to the extent of Landlord’s gross negligence or willful misconduct, Landlord shall not be liable to Tenant for any damage, loss, cost or expense incurred by Tenant on account of the construction of any work or delay in completion of any work.. Upon the expiration or final paymentsooner termination of this Lease, Tenant, at its expense, shall promptly remove any such alterations and improvements shall promptly remove any alterations or improvements which affect the structural portions of the Building or the building systems made by Tenant if designated by Landlord so to be removed at the time Landlord consents to such alterations or improvements if consent is required (otherwise if designated by Landlord at the expiration or termination of the Lease), and repair any damage to the Premises caused by such removal. Tenant shall use a general contractor reasonably acceptable to Landlord for such removal and repair. C. Tenant agrees to keep the Premises and the Real Property free from any liens arising out of any work performed, materials furnished or obligations incurred by Tenant. Tenant shall promptly and fully pay and discharge all claims on which any such lien could be based. In the event that Tenant does not, within fifteen (d15) Licensee days following Tenant’s receipt of written notice from Landlord or Tenant’s obtaining actual knowledge of such lien, cause the same to be released of record or bonded against, Landlord shall comply with existing City have, in addition to all other remedies provided herein and Parks’ proceduresby law, the right, but not the obligation, to cause the same to be released by such means as it shall deem proper, including payment of the claim giving rise to such lien. All sums paid by Landlord for such purpose, and all expenses incurred by it in connection therewith, shall be payable to Landlord by Tenant, as may be amended additional rent, on demand, together with interest at the Interest Rate from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations date such expenses are incurred by Landlord to the Licensed date of the payment thereof by Tenant to Landlord. Landlord shall have the right at all times to post and keep posted on the Premises undertaken any notices permitted or required by Licenseelaw, its board membersor which Landlord shall deem proper for the protection of Landlord, officersthe Premises, agentsthe Building, employeesor the Real Property, volunteers or contractors from mechanic’s and materialmen’s and like liens. Tenant shall be give Landlord at no cost to Parks least ten (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors10) and such work shall not commence until the Licensee obtains days’ prior written approval from (i) notice of the Commissioner, or his designee and (ii) date of commencement of any City or other governmental authorizations and approvals that may be necessaryconstruction on the Premises in order to permit the posting of such notices. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Sublease (Invitae Corp), Sublease (Invitae Corp)

Alterations. 6.1 Licensee 17.1 Tenant shall make no Alterations alterations, additions or improvements (hereinafter in this article, “Improvements”) in or to the Premises or other related areas herein without the CommissionerLandlord’s prior written approval. Licensee may perform Alterations to Licensed Premises only in accordance with the requirements of this Article 6 and Article 8. Upon Parks’ approval of any Alterationsconsent, Parks which shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, not be unreasonably withheld; provided, however, that it shall not be unreasonable for Landlord to withhold consent if such Alteration the proposed Improvements would in the opinion of Landlord adversely affect the use of the Premises for generic laboratory-based research and development space as part of an integrated Building plan after the expiration or earlier termination of this Lease. Tenant shall deliver to Landlord final plans and specifications and working drawings for the Improvements to Landlord, and Landlord shall have ten (10) days thereafter to grant or withhold its consent. If Landlord does not notify Tenant of its decision within the ten (10) days, Landlord shall be deemed to have given its approval. 17.2 If a permit is not constructed in accordance with required to construct the approved plansImprovements, then Parks shallTenant shall deliver a completed, signed-off inspection card to Landlord within thirty ten (3010) days of Final Completion completion of the construction Improvements, and shall promptly thereafter obtain and record a notice of such Alteration, give Licensee an updated notice as completion and deliver a copy thereof to whether such Alteration shall become property of the CityLandlord. 6.2 To alter 17.3 The Improvements shall be constructed only by licensed contractors or mechanics. Tenant shall use only those contractors listed on Exhibit H for the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approvaltrades listed thereon; all other contractors shall be approved by Landlord, which approval shall not be unreasonably withheld or delayed. Any such contractor must have in force a general liability insurance policy of not less than $2,000,000 or such higher limits as Landlord may reasonably require, which policy of insurance shall name Landlord as an additional insured. Tenant shall provide Landlord with a copy of the contract with the contractor or mechanic prior to the commencement of any construction requiring Landlord’s consent. 17.4 Tenant agrees that any work by Tenant shall be accomplished in such a manner as to permit any fire sprinkler system and fire water supply lines to remain fully operable at all times except when minimally necessary for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or building reconfiguration work. 17.5 Tenant covenants and agrees that all work done by Tenant shall be performed in full compliance with all laws, rules, orders, ordinances, directions, regulations, permits, approvals, and requirements of all governmental agencies, offices, departments, bureaus and boards having jurisdiction, and in full compliance with the rules, orders, directions, regulations, and requirements of any applicable fire rating bureau. Tenant shall provide Landlord with “as-built” plans showing any material change in the Premises within thirty (b30) Ensure that work performed and Alterations made on days after completion. 17.6 Before commencing any work, Tenant shall give Landlord at least five (5) days’ prior written notice of the Licensed Premises are undertaken and completed in accordance with submissions approved proposed commencement of such work. 17.7 At the time Landlord consents to the Improvements pursuant to Section 6.2(a)17.1, in a good and workmanlike mannerLandlord shall identify those Improvements which Tenant shall be required to remove upon the expiration or earlier termination of the Lease, and within a reasonable time. (c) Notify Landlord and Tenant shall mutually identify those Improvements which Tenant may remove upon the Commissioner expiration or earlier termination of this Lease. Landlord and Tenant shall list any such Improvements on Schedule 1 attached hereto, designating those which Tenant shall be required to remove and those which Tenant may remove. With respect to those Improvements not so identified, Landlord and Tenant acknowledge and agree that Landlord’s approval of the completion final plans and specifications and working drawings for the Improvements pursuant to Section 17.1 shall be deemed Landlord’s and Tenant’s agreement that those Improvements not so identified shall become the property of Landlord upon the expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the date Premises as a part thereof. Those Improvements identified as Improvements which Tenant may remove are included within the term “Tenant’s Removable Property” defined in Section 30.3. Notwithstanding the provisions of final payment for such Alteration(s) within ten (10) days after Section 30.3, Tenant shall, at Landlord’s election, upon the later expiration or earlier termination of this Lease, remove the Improvements which are identified as Improvements which Tenant shall be required to occur of said completion or final payment. (d) Licensee shall comply with existing City remove, and Parks’ procedures, as may be amended from time to time during restore and return the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations Premises to the Licensed Premises undertaken condition they were in when first occupied by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessaryTenant. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Lease (Genelux Corp), Lease (Genelux Corp)

Alterations. 6.1 Licensee After the Commencement Date, Tenant shall not make no any Alterations in, on or about the Premises without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord’s consent shall not be required for any nonstructural Alterations to the Premises which do not affect the electrical, plumbing, HVAC or other related areas herein mechanical systems of the Building and do not exceed Ten Thousand and no/100ths Dollars ($10,000.00) in cost so long as Tenant provides Landlord with prior notice of any such Alterations. Notwithstanding the foregoing, Tenant shall not, without the Commissioner’s prior written approval. Licensee may perform consent of Landlord, make any Alterations to Licensed Premises only in accordance with the requirements exterior of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such the Building or the Outside Area; Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property and penetrations of the City upon such Alterationroof of the Building; or Alterations visible from outside the Building, to all of which Landlord may withhold Landlord’s substantial completion, consent on wholly aesthetic grounds. All Alterations shall be constructed and/or installed (i) by Landlord’s contractor or a contractor reasonably approved by Landlord; provided, however, that if such Alteration is not constructed in accordance with the approved plansTenant selects, and Landlord approves, a contractor other than Landlord’s contractor, then Parks shallLandlord shall enter into the contract for such Alterations with such contractor; (ii) at Tenant’s sole expense, within thirty (30iii) days of Final Completion of the construction of in compliance with all applicable Laws and permit requirements, (iv) pursuant to plans and specifications approved by Landlord if Landlord’s consent is required for such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreementsAlterations, and contractual understandings may pertain to contemplated purchases and/or work. (bv) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, manner conforming in quality and within a reasonable time. (c) Notify design with the Commissioner Premises existing as of the completion Commencement Date. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property; provided, however, that Landlord may, at Landlord’s option, require Tenant to remove, at Tenant’s expense, any or all Alterations installed by Tenant from the date Premises at the expiration or sooner termination of final payment this Lease. If ▇▇▇▇▇▇▇▇’s consent is required for any Alterations, then Landlord shall notify Tenant of Landlord’s election at the time that ▇▇▇▇▇▇▇▇’s consent is granted for such Alteration(s) Alterations. If, however, ▇▇▇▇▇▇▇▇’s consent is not required for such Alterations, Landlord shall notify Tenant of Landlord’s election within ten (10) business days after ▇▇▇▇▇▇’s request for such determination by Landlord. If Tenant removes any Alterations as required or permitted herein, Tenant shall repair any and all damage to the later Premises caused by such removal and return the Premises to occur their condition as of said completion or final payment. (d) Licensee the Commencement Date, normal wear and tear, casualty, condemnation, and repairs that are not ▇▇▇▇▇▇’s responsibility hereunder excepted and subject to the provisions of Paragraph 22. Notwithstanding any other provision of this Lease, Tenant shall comply with existing City be solely responsible for the maintenance and Parks’ procedures, as may be amended from time repair of any Alterations made by it to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessary. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Lease Agreement (Ceribell, Inc.), Lease Agreement (Ceribell, Inc.)

Alterations. 6.1 Licensee Tenant shall not make no any Alterations to the Premises or other related areas herein without the Commissionerobtaining Landlord’s prior written approvalconsent, except that Tenant may make interior, non-structural Alterations without such consent upon at least fifteen (15) days’ prior notice to Landlord, provided that the cost thereof does not exceed an aggregate amount of Fifty Thousand and 00/100 Dollars ($50,000.00) annually. Licensee may perform Any Alterations requiring Landlord’s consent shall be presented to Licensed Premises only Landlord in accordance written form with detailed plans. In connection with any Alterations, Tenant shall, at Tenant’s sole cost and expense: (i) acquire all applicable governmental permits; (ii) furnish Landlord with copies of both the requirements permits and the plans and specifications at least fifteen (15) days before the commencement of this Article 6 the work, (iii) comply with all conditions of said permits in a prompt and Article 8expeditious manner and (iv) secure full and final waivers of all liens affecting the Premises. All Alterations shall be performed in a workmanlike manner with good and sufficient materials. Upon Parks’ approval completion of any Alterations, Parks shall reasonably cooperate Tenant shall, at Tenant’s sole cost and expense, promptly upon completion, furnish Landlord with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval a reproducible copy of as-built drawings and specifications for any Alterations, Parks . Any Tenant Work for any Alterations shall give notice to Licensee whether such Alteration shall become property of the City upon such Alterationbe done at Tenant’s substantial completion, provided, however, that if such Alteration is not constructed sole cost and expense in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreements, all Laws and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner. Landlord shall cooperate at no out of pocket cost to Landlord in securing any necessary permits and approvals with respect to the Alterations. All Alterations which may be made on the Premises shall, and within a reasonable time. (c) Notify at the Commissioner expiration or termination of the completion Term, become the property of Landlord and remain upon and be surrendered with the date Premises. Tenant shall reimburse Landlord for its reasonable, actual out-of-pocket costs incurred in connection with its review of final payment plans, specifications and other materials for such Alteration(s) any Alterations made by Tenant within ten (10) days after of Tenant’s receipt of an invoice for such costs from Landlord. Notwithstanding anything to the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects contrary in the Licensed PremisesLease, in no event shall Landlord take possession, custody or control of any regulated property or assets of Tenant that would require Landlord to be authorized to do so under the Act, unless Landlord is actually authorized to do so or, in the alternative, so appoints a third party designee or assignee (actually authorized and so confirmed by the Regulator) to enforce such rights hereunder. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessary. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Lease Agreement (Columbia Care Inc.), Lease Agreement (Columbia Care Inc.)

Alterations. 6.1 Licensee shall make no Alterations The Tenant will take into consideration any impact on the Environmental Performance of the Premises from any proposed works to or at the Premises. This Schedule 7 uses the following definitions: “Approved Underlease” an underlease approved by the Landlord and, subject to any variations agreed by the Landlord in its absolute discretion: granted without any premium being received by the Tenant; reserving a market rent, taking into account the terms of the underletting; [for a term of not less than [NUMBER] years calculated from the date on which the underlease is completed;] lawfully excluded from the security of tenure provisions of the 1954 Act [if it creates an underletting of a Permitted Part]; containing provisions: requiring the Undertenant to pay as additional rent the whole or, in the case of an Underlease of a Permitted Part, a due proportion, of the Insurance Rent and other sums, excluding the Main Rent, payable by the Tenant under this Lease; for rent review at [five yearly] intervals and otherwise on the same terms as in Schedule 2; and85 for change of use and alterations corresponding to those in this Lease; in the case of an Underlease of a Permitted Part, containing provisions requiring the Undertenant to pay by way of a yearly service charge as additional rent a fair and reasonable proportion of the costs incurred by the Tenant in providing all services to the Premises or other related areas herein that would be usual on an underletting of part, including the payment of quarterly advance payments and a balancing payment at the end of each service charge year; containing a covenant by the Undertenant not to assign the whole of the Underlet Premises without the Commissioner’s prior written approval. Licensee consent86 of the Landlord and the Tenant on terms corresponding to those in this Lease and a covenant not to assign part only of the Underlet Premises; [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole or any part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole of the Underlet Premises without the prior written consent of the Landlord and the Tenant and a covenant by the Undertenant not to create any Sub-Underlease of any part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole or any part of the Underlet Premises without the prior written consent of the Landlord and the Tenant];87 [containing provisions requiring any Sub-Underlease to contain: a valid agreement to exclude the security of tenure provisions of the 1954 Act; obligations by the Sub-Undertenant not to assign the whole of the Sub-Underlet Premises without the prior written consent of the Landlord, the Tenant and the Undertenant and not to assign part of the Sub-Underlet Premises; an absolute prohibition on the creation of further underleases of whole or part [except where the Sub-Underlease is of the whole of the Premises when the Sub-Underlease may perform Alterations to Licensed Premises only in accordance contain provisions permitting the creation of one further underlease of whole with the requirements prior consent of the Landlord, the Tenant and the Undertenant but with the additional provision that no underleases of whole or part will be created out of that further underlease];] if the Underlease is excluded from the security of tenure provisions of the 1954 Act, containing any other provisions that are reasonable in the context of the terms of this Article 6 Lease and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property nature of the City upon such Alteration’s substantial completion, provided, however, that proposed Underlease; and if such Alteration the Underlease is not constructed excluded from the security of tenure provisions of the 1954 Act, containing other provisions corresponding with those in accordance this Lease; “Approved Undertenant”88 a person approved by the Landlord and who has entered into a direct deed with the approved plans, then Parks shall, within thirty (30) days of Final Completion Landlord agreeing: to comply with the terms of the construction of such Alteration, give Licensee an updated notice as Approved Underlease; and to whether such Alteration shall become property procure that any proposed assignee of the City. 6.2 To alter Underlet Premises enters into a direct deed in the Licensed same terms as set out in this definition of Approved Undertenant; [“Permitted Part” any part of the Premises that the Landlord approves; any of the following: a whole floor of the Premises, Licensee must: (a) Obtain ; [or] two or more adjoining whole floors of the Commissioner’s prior written approval, which shall not be unreasonably withheld or delayedPremises; [or] [part of a floor of the Premises [if underlet with an adjoining whole floor]] in each case having independent means of access, for whatever designsgeneral access and for servicing, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on from the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner public highway or from those parts of the completion Premises approved by the Landlord as common parts for the use and enjoyment of the Tenant and any permitted undertenants of the date Underlet Premises;] “Sub-Underlease” any sub-underlease created out of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than an Underlease; “Sub-Undertenant” any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessary. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without tenant under a Parks permit.Sub-Underlease;

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement

Alterations. 6.1 Licensee shall make no Alterations 15.01 Tenant will not make, cause or permit any alterations, additions or improvements ("alterations") in or to the Demised Premises or other related areas herein without the Commissioner’s in each instance obtaining Landlord's prior written approval. Licensee may perform Alterations to Licensed Premises only in accordance with the requirements of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approvalconsent thereto, which consent shall not be unreasonably withheld or delayed. By way of illustration but not limitation, Landlord will be entitled to withhold its consent if the proposed alterations (i) impair or affect the structural soundness or integrity of the Demised Premises, Building, or any of the systems or equipment therein, (ii) lessen the present or future value of the Demised Premises or Building, (iii) change the type of use of the Demised Premises, or (iv) increase the risk of damage or injury to the Demised Premises, the Building or the occupants of the Building. Any such consent by Landlord may be upon condition that the work be performed by Landlord's agents, servants, employees or contractors and that Tenant furnish to Landlord such evidence of Tenant's financial ability to assure payment and/or completion as Landlord may reasonably require. If Landlord so elects and notifies Tenant at the time of Tenant's request to make such alterations, Tenant will, at its sole cost and expense, remove any alterations (structural or non-structural) at the expiration or other termination of this Lease, repair all damage caused by such removal and restore the Demised Premises to the condition in which they were prior to the installation of any such alterations. Nothing herein contained will be construed to restrict Tenant's right to install or to make any changes in Tenant's own movable trade fixtures. The provisions of this Article 15 are subject to the terms and conditions of any mortgage to which this Lease is subordinate and if the consent of any such mortgagee is required for such work, such consent will be obtained by Tenant before any such work is commenced. In that regard, Landlord agrees to reasonably cooperate with Tenant in obtaining the consent of such mortgagee. Plans and specifications, together with an estimate of the cost of, for whatever designsany proposed alterations will be submitted to Landlord upon the request for its consent. However, such review and consent by Landlord will not be deemed Landlord's opinion as to acceptability to or compliance with municipal requirements. Upon completion of the alterations Landlord is to receive one print and one reproducible copy of the "as-built" construction plans, specifications, cost estimates, agreements. If Landlord elects to, and contractual understandings may pertain notifies Tenant that it will, require removal of Alterations upon the expiration or earlier termination of this Lease, then Landlord shall also have the option to contemplated purchases and/or workrequire that Tenant post a security deposit, letter of credit or other evidence of Tenant's financial ability to so remove such Alterations. (b) Ensure that work 15.02 In making any alteration contemplated by this Article, or any repair or restoration contemplated by other terms and conditions of this Lease, the parties will comply with all applicable laws, regulations, ordinances and orders and procure all requisite permits, all at Tenant's expense. Copies of all such approvals, authorizations and permits will be delivered to and retained by Landlord. Each party will, on written request from the other, execute any documents necessary to be signed on its part in order to obtain any such permit. All alterations made hereunder will be performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a first-class, good and workmanlike manner, and within a reasonable timemanner using new materials at least equivalent in quality to those used in the construction of the Building. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) 15.03 All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks alterations (other than any agreed contribution from Tenant's trade fixtures) will upon termination of this Lease immediately be and become the Citysole and absolute property of Landlord and will remain upon and be surrendered with the Demised Premises unless Landlord has elected as provided in Section 15.01 that such alterations be removed, in which event they will be removed by Tenant and contributions from other public the Demised Premises restored to its original condition at Tenant's expense upon or private sector partners or donors) and such work shall not commence until prior to the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessarysurrender of possession. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Lease Agreement (Windsortech Inc), Lease Agreement (Windsortech Inc)

Alterations. 6.1 Licensee (a) Except as otherwise provided in this Lease, Lessee shall not demolish the Building or make no Alterations any alterations, additions or improvements (collectively, “Alterations”) to the Building or the Premises or other related areas herein without the Commissioner’s prior written approval. Licensee may perform Alterations consent of Lessor (other than non-structural and/or emergency Alterations) which consent shall not be unreasonably withheld, conditioned or delayed and if Lessor does not respond to Licensed Premises only in accordance with the requirements of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, a request for consent within thirty (30) days of Final Completion of the construction after receipt of such Alterationrequest, give Licensee an updated notice as Lessor shall be deemed to whether such Alteration shall become property of have consented to the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which Alterations. Consent for non-structural Alterations shall not be unreasonably withheld required provided, (i) such non-structural Alterations shall not materially and adversely affect the structural soundness of the Premises or delayed, for whatever designs, plans, specifications, cost estimates, agreementsmaterially reduce the value of the Building or other improvements on the Premises, and contractual understandings may pertain (ii) the aggregate cost of all such additions, alterations or improvements does not exceed the sum of $100,000. Lessor hereby consents to the Contemplated Construction and Renovation Activities (as defined below) currently contemplated purchases and/or workor initiated within one year of the date of this Lease. (b) Ensure Lessor hereby acknowledges and agrees that work performed Lessee shall have no obligation to remove any of the equipment or machinery located in, on or under the Premises at the expiration or earlier termination of the Lease. Lessee shall have no obligation to restore the Premises, and any Alterations made by Lessee that are existing in the Premises on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, and within a reasonable timelast day of the Term shall become the property of Lessor at the termination of the Lease. (c) Notify the Commissioner Lessee shall, before making any Alterations, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Lessor. Lessee agrees to carry, and to cause Lessee’s contractors and sub-contractors to carry such workmen’s compensation insurance and general liability insurance with limits of at least $5,000,000 single limit for injury to any one person or injuries in any one occurrence and property damage of $1,000,000. In addition, Lessor, at its option, may in any case in which its consent is required pursuant to Section 4.5(a), require Lessee to furnish Lessor with copies of the completion of applicable plans and the date of final payment for such Alteration(s) within ten (10) days after the later specifications and any relevant contract between Lessee and any contractor. Lessor may also require, at its option and as a condition precedent to occur of said completion or final payment. (d) Licensee shall comply giving any approval to an Alteration with existing City and Parks’ proceduresa cost exceeding $1,000,000, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) a performance bond and a labor and material payment bond, both in form and substance satisfactory to Lessor, given by an independent financially responsible corporate surety, to assure completion of the Commissionerwork in accordance with the plans and specifications, or his designee free of liens, and (ii) any City evidence that each contractor has adequate workmen’s compensation insurance and general liability insurance as described above, together with a certificate from the insurer to the effect that such insurance may not be canceled or other governmental authorizations and approvals that may be necessarysubstantially modified without at least thirty (30) days prior written notice to Lessor. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Industrial Lease (CPG Newco LLC), Industrial Lease (Vycom Corp.)

Alterations. 6.1 Licensee Tenant shall make no Alterations not permit alterations in or to the Leased Premises or other related areas herein without unless and until the Commissionerplans and the contractor have been approved by Landlord in writing. As a condition of such approval, Landlord may require Tenant to remove the alterations and restore the Leased Premises upon termination of this Lease to the condition existing prior to the installation of such alterations; otherwise, all such alterations shall at Landlord’s prior written approvaloption become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Licensee may perform Alterations to Licensed Premises only Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the requirements original construction of this Article 6 the Building and Article 8that its contractors comply with the terms and conditions of Landlord’s building standards (which Landlord agrees to furnish to Tenant upon request therefor). Upon Parks’ approval completion of the work, Tenant shall provide lien waivers from the subcontractors or a final affidavit of lien waiver from the general contractor, and such lien waiver shall be in a form reasonably acceptable to Landlord. No person shall be entitled to any lien derived through or under Tenant for any labor or material furnished to the Leased Premises, and nothing in this Lease shall be construed to constitute a consent by Landlord to the creation of any Alterationslien. If any lien is filed against the Leased Premises for work claimed to have been done for or material claimed to have been furnished to Tenant, Parks Tenant shall reasonably cooperate with Licensee cause such lien to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 be discharged of record or Article 8 during bonded from the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, Project within thirty (30) days of Final Completion of the construction after Tenant’s actual notice of such Alterationlien filing. Tenant shall indemnify Landlord from all costs, give Licensee an updated notice as losses, expenses and attorneys’ fees in connection with any construction or alteration to whether such Alteration the Leased Premises by Tenant and any related lien. Notwithstanding anything to the contrary above, Tenant shall become property of have the City. 6.2 To alter right to make alterations to the Licensed Premises, Licensee must: (a) Obtain the CommissionerLeased Premises without obtaining Landlord’s prior written approvalconsent provided that (i) excluding replacing carpeting and other floor coverings, which shall such alterations do not be unreasonably withheld or delayedexceed Fifty Thousand and No/100 Dollars ($50,000.00) in cost in any one instance; (ii) such alterations are non-structural in nature and do not affect the Building systems; and (iii) Tenant provides Landlord with prior written notice of its intention to make such alterations stating in reasonable detail the nature, extent and estimated cost of such alterations together with the plans and specifications for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) within same no less than ten (10) days before the date on which Tenant anticipates commencing construction of the same. Tenant shall provide Landlord with copies of the as-built plans and specifications, including CAD drawings, if available, reflecting all such alterations, improvements or additions as completed within fifteen (15) days after the later completion thereof. Notwithstanding anything to occur of said completion the contrary in this Lease, Landlord shall not construct any floors above the Building or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, place any other improvements thereon other than as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects specifically provided in the Licensed PremisesPlans and Specifications. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessary. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Lease Agreement (Container Store Group, Inc.), Lease Agreement (Container Store Group, Inc.)

Alterations. 6.1 Licensee Tenant shall not make no Alterations to or perform, or permit the Premises making or performance of, any alterations, installations, improvements, additions or other related areas herein physical changes in or about the Leased Premises (referred to collectively as "Alterations") without the Commissioner’s Landlord's prior written approval. Licensee may perform Alterations to Licensed Premises only in accordance with the requirements of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approvalconsent, which consent shall not be unreasonably withheld withheld, conditioned or delayed, for whatever designs, . All plans, specifications, cost estimates, agreementsspecifications and details for such Alterations, and contractual understandings all contractors performing the Alterations are subject to the prior written approval of Landlord, not to be unreasonably withheld, conditioned or delayed. In the event Landlord grants such consent and permits Tenant to contract out such work, such Alterations shall be made and performed in conformity with and subject to the following provisions: (i) all Alterations shall be made and performed at Tenant's sole cost and expense and at such time and in such manner as Landlord may pertain reasonably from time to contemplated purchases and/or work. time designate; (bii) Ensure that work all Alterations shall be performed by adequately insured contractors approved by Landlord and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike mannermanner in accordance with all applicable Legal Requirements, and within a reasonable time. Tenant shall indemnify and hold harmless Landlord from and against any and all costs, expenses, claims, liens and damages to person or property resulting from the making of any such alterations, decorations, additions or improvements in or to the Leased Premises or the Building; (ciii) Notify the Commissioner no Alteration shall affect any part of the completion Building other than the Leased Premises or adversely affect any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Building; (iv) all business machines and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors mechanical equipment shall be at no cost placed and maintained by Tenant in settings sufficient in Landlord's reasonable judgment to Parks absorb and prevent vibration, noise and annoyance to other tenants or occupants of the Building; (other than any agreed contribution from the City, v) Tenant shall submit to Landlord reasonably detailed written plans and contributions from other public or private sector partners or donors) specifications for each proposed alteration and such work shall not commence until the Licensee obtains prior any such Alteration without first obtaining Landlord's written approval from of such plans and specifications; (ivi) all Alterations in or to the Commissionerelectrical facilities in or serving the Leased Premises shall be subject to the provisions of Section 5 relating to exceeding electrical capacity; (vii) notwithstanding Landlord's approval of plans and specifications for any Alteration, or his designee all Alterations shall be made and performed in full compliance with all Legal Requirements and in accordance with the Rules and Regulations; and (iiviii) any City all materials and equipment to be incorporated in the Leased Premises as a result of all Alterations shall be of good quality. If building or other permits from governmental authorizations authorities are required for any Alterations, Tenant shall obtain such permits and approvals that may deliver copies thereof to Landlord before work on such Alterations is begun. After any Alterations are completed, Tenant shall cause all required governmental inspections of the Alterations to be necessarymade and shall deliver to Landlord a copy of the inspection report and one complete set of the "as built" plans for such Alterations. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Lease Agreement (Comstock Homebuilding Companies, Inc.), Lease Agreement (Comstock Homebuilding Companies, Inc.)

Alterations. 6.1 Licensee After the Commencement Date, Tenant shall not make no or permit any Alterations to in, on or about the Premises or other related areas herein without the Commissioner’s prior written approval. Licensee may perform Alterations to Licensed Premises only in accordance with the requirements consent of this Article 6 and Article 8. Upon Parks’ approval of any AlterationsLandlord, Parks which consent shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 not be unreasonably withheld, conditioned or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, delayed; provided, however, that if such Alteration is Landlord’s consent shall not constructed in accordance with be required for any nonstructural Alterations to the approved plans, then Parks shall, within thirty (30) days of Final Completion interior of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property Building that do not exceed Two Hundred Fifty Thousand and no/100ths Dollars ($250,000.00) in cost per year and do not affect the roof of the City. 6.2 To alter Building or the Licensed PremisesBuilding Systems, Licensee must: so long as Tenant provides Landlord with prior notice of any such Alterations (a) Obtain “Permitted Alterations”). If Tenant desires to make any Alterations to the CommissionerPremises other than Permitted Alterations, Tenant shall submit the proposed plans and specifications for such Alterations to Landlord for Landlord’s prior written review and approval, which approval shall not be unreasonably withheld withheld, conditioned or delayed. If Landlord fails to notify Tenant in writing of Landlord’s approval or disapproval of any Alterations shown on such plans and specifications within ten (10) business days after Landlord’s receipt of such documents from Tenant, for whatever designsthen Landlord shall be deemed to have approved such Alterations. Tenant shall complete any Alterations to the Premises at Tenant’s sole expense, plansin compliance with all applicable Laws, specificationsincluding any permit requirements, cost estimates, agreementsby a licensed contractor, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike mannermanner conforming in quality and design with the Premises existing as of the Commencement Date. Landlord acknowledges that, and within subject to Tenant’s receipt of all necessary governmental approvals, Tenant will have the right to install a reasonable time. (c) Notify number of electric vehicle charging stations in the Commissioner parking area of the completion Outside Areas pursuant to plans and specifications subject to Landlord’s approval in accordance with this Paragraph 12. All Alterations made by or for Tenant shall be and become the property of Landlord upon the expiration or earlier termination of this Lease and shall not be deemed Tenant’s Personal Property; provided, however, that Landlord may, at Landlord’s option, require Tenant to remove, at Tenant’s expense, any or all Alterations installed by or for Tenant from the date Premises at the expiration or sooner termination of final payment for such Alteration(s) this Lease. If Tenant requests that Landlord make a determination of whether Landlord will require Tenant to remove any Alterations upon the termination of this Lease, then Landlord shall notify Tenant of Landlord’s election within ten (10) business days after Tenant’s request for such determination by Landlord. If Landlord fails to notify Tenant in writing within such ten (10) day period that Landlord will require such removal, then Landlord shall be deemed to have elected not to require Tenant to remove such Alterations. In no event, however, shall Tenant be required to remove the later Tenant Improvements from the Premises. If Tenant removes any Alterations as required or permitted herein, Tenant shall repair any and all damage to occur the Premises caused by such removal and return the Premises to their condition as of said completion or final payment. (d) Licensee the Commencement Date, normal wear and tear excepted and subject to the provisions of Paragraph 22. Notwithstanding any other provision of this Lease, Tenant shall comply with existing City be solely responsible for the maintenance and Parks’ procedures, as may be amended from time repair of any Alterations made by it to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessary. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Lease (IGM Biosciences, Inc.), Lease (IGM Biosciences, Inc.)

Alterations. 6.1 Licensee Tenant shall make no Alterations changes in or to the Demised Premises or other related areas herein of any nature without the CommissionerLandlord’s prior written approval. Licensee may perform Alterations to Licensed Premises only in accordance with the requirements of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, consent provided, however, that Tenant may make purely decorative changes such as painting and installation of partitions and carpeting without Landlord’s consent, but upon notice to Landlord. Subject to the prior written consent of Landlord, not to be unreasonably withheld or delayed and to the provisions of this Article, Tenant at Tenant’s expense, may make non-structural alterations, installations, additions or improvements which do not affect utility services or plumbing and electrical lines, in or to the interior of the Demised Premises using licensed and reputable contractors or mechanics first approved by Landlord, not to be unreasonably withheld or delayed. Landlord shall not charge Tenant any fee or other charge for the supervision of Tenant’s initial improvements. Tenant shall not be responsible for Landlord’s security costs, during normal business hours, during the construction of Tenant’s initial improvements or initial alterations and for Tenant’s initial move into the Building. All labor employed by Tenant shall be harmonious and compatible with the labor employed by Landlord and other tenants in the Building, it being agreed that if such Alteration is labor shall be incompatible, Tenant shall forthwith on Landlord’s demand withdraw such labor from the Demised Premises. Tenant may use its own contractor(s), subject to Landlord’s prior reasonable approval thereof, for performing any work in and to or from the Demised Premises. Tenant shall, at its expense, before making any alterations, additions, installations or improvements obtain all permits, approval and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord. Tenant agrees to carry and will cause Tenant’s contractors and sub-contractors to carry such ▇▇▇▇▇▇▇’▇ compensation, general liability, personal and property damage insurance as Landlord may require. As a condition to Tenant performing any work or alterations in or to the Demised Premises and prior to the commencement of any such work or alterations, Tenant shall furnish a contractor’s performance and payment bond guaranteeing lien free completion of the work or alterations and payment of obligations to its sub-contractors and suppliers. The amount, form and substance of such bond shall be reasonably acceptable to Landlord, providing for a direct right of action against the surety by a claimant, naming Landlord and its Superior Mortgagee as co-obligees, and shall be underwritten by a surety company authorized to do and doing business in the State of New York and with a “Best” rating of A, or better. Tenant shall not constructed in accordance with file any mechanic’s, laborer’s or materialman’s lien, or suffer or permit any such lien to be filed against the approved plansDemised Premises, then Parks shallincluding the Building or any part thereof by reason of work, labor, services, or materials requested and/or supplies claimed to have been requested by or on behalf of Tenant; and if such lien shall at any time be so filed, within thirty (30) days after said filing Tenant shall cause said lien to be canceled and discharged of Final Completion record. To the extent Tenant fails to remove any mechanic’s, laborer’s or materialman’s lien filed against the Demised Premises, including the Building or any part thereof within the time period set forth above, the same shall be deemed a default hereunder entitling Landlord to all rights and remedies pursuant to law and this Lease including without limitation the right to arrange to bond or pay the amount of such claim upon which the lien is based and/or utilize the Security (as defined below) therefor and Tenant shall thereafter pay and be liable to Landlord for the amount so paid by Landlord, as additional rent, immediately upon demand, together with interest thereon at the highest rate permissible by law and all costs and expenses, including reasonable attorneys’ fees incurred by Landlord in procuring the discharge of such lien, shall be due and payable by Tenant to Landlord as additional rent upon demand of Landlord. The provisions of this paragraph shall survive the termination of this Lease. All fixtures and all paneling, partitions, equipment, railings and like installations, installed in the Demised Premises at any time, either by Tenant or by Landlord on Tenant’s behalf, shall be removed by Tenant on or prior to the Expiration Date. Landlord hereby requires Tenant, at Tenant’s expense, to remove all switching equipment and wiring and other equipment appurtenant thereto and the HVAC system prior to the expiration of this Lease. Notwithstanding anything contained herein to the contrary, the Improvements (as hereinafter defined) (i) are and remain the property of Landlord, (ii) shall be surrendered by Tenant together with the Demised Premises at the end of the construction of such Alterationterm, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant Article 24 hereof and in no event shall Tenant remove the Improvements. Upon Tenant’s removal of any furniture, fixtures, equipment and installations from the Demised Premises as aforesaid, Tenant shall immediately and at its expense, repair and restore the Demised Premises (and/or the Building, as the case may be) to Section 6.2(athe condition existing prior to installation and repair any damage to the Demised Premises or the Building due to such removal. All property to be removed by Tenant at the end of the term remaining in the Demised Premises after the Expiration Date shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord’s property or removed from the Demised Premises by Landlord, at Tenant’s expense. Commencing on the first anniversary of the Commencement Date and continuing annually thereafter throughout the term of this Lease, Tenant shall submit to Landlord a structural inventory. Landlord shall also have the right, on an annual basis, to access the Demised Premises, subject to the provisions of Article 13 hereof, in order to review Tenant’s structural loading. Tenant has submitted all plans and specifications as Landlord shall require in connection with Tenant’s request for Landlord’s approval of the work Tenant requires to make to the Demised Premises suitable for its occupancy and use (“Initial Alteration Work”), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner Landlord agrees to notify Tenant of the completion of and the date of final payment for such Alteration(s) its approval or disapproval within ten (10) business days after of full execution hereof. All costs and expenses associated with the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesignthe Initial Alteration Work shall be paid by Tenant in accordance with the provisions of Article 43 of this lease. Subject to all applicable laws, renovation and rehabilitation projects the provisions of this lease, Tenant may perform the Initial Alteration Work twenty four (24) hours per day, seven (7) days per week. Tenant shall be required to use the Building’s Class E System contractor for all interfacing with the fire detection system as well as the electrical contractor for work in the Licensed Demised Premises. . With respect to any proposed work, Tenant shall, submit (ea) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, “load letter” evidencing Tenant’s proposed floor and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee electrical loads and (iib) any City or other governmental authorizations and approvals that may be necessaryfinal “as built” plans. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Office Lease, Office Lease Agreement (Neutral Tandem Inc)

Alterations. 6.1 Licensee After the Commencement Date, Tenant shall not make no or permit any Alterations in, on or about the Premises, except for nonstructural Alterations that do not impact the Building systems nor exceed One Thousand Dollars ($1,000.00) in cost, without the prior written consent of Landlord, and according to plans and specifications approved in writing by Landlord, which consent shall not be unreasonably withheld. Notwithstanding the foregoing Tenant shall not, without the prior written consent of Landlord, make any: (i) Alterations to the Premises or other related areas herein without exterior of the Commissioner’s prior written approval. Licensee may perform Building; (ii) Alterations to Licensed Premises only and penetrations of the roof of the Building; and (iii) Alterations visible from outside the Premises, including the Common Area, to which Landlord may withhold Landlord’s consent on wholly aesthetic grounds. All Alterations shall be installed at Tenant’s sole expense, in accordance compliance with all applicable laws, by a licensed contractor, shall be done in a good and workmanlike manner conforming in quality and design with the requirements Premises existing as of this Article 6 the Commencement Date, and Article 8shall not diminish the value of either the Building or the Premises. Upon Parks’ approval of any Alterations, Parks All Alterations made by Tenant shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during be and become the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City Landlord upon such Alterationinstallation and shall not be deemed Tenant’s substantial completion, Personal Property; provided, however, that if Landlord informed Tenant at the time of its approval of any Alterations that Tenant would be required to remove such Alteration is not constructed in accordance with Alterations from the approved plansPremises at the expiration or sooner termination of this Lease, then Parks Tenant shall, within thirty at Tenant’s expense, remove such Alterations from the Premises at the expiration or sooner termination of this Lease and restore the Premises to their condition existing prior to the installation of such Alterations. Notwithstanding any other provision of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform work on the Premises at least twenty (3020) days of Final Completion of prior to the construction commencement of such Alteration, give Licensee an updated work to enable Landlord to post and record a Notice of Nonresponsibility or other notice as to whether deemed proper before the commencement of any such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessary. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Standard Office Lease (VirnetX Holding Corp), Standard Office Lease (Pasw Inc)

Alterations. 6.1 Licensee Tenant may install tenant finishes in the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions: (i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises; (ii) without the prior written approval of Landlord, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to the Premises or other related areas herein without the Commissioner’s prior written approval. Licensee may perform Alterations to Licensed Premises only in accordance with the requirements of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property portion of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion exterior or elevation of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or workBuilding. (biii) Ensure that work any Alterations shall be performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike mannermanner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject; (iv) Tenant, at its sole cost and within expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California; (v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and (vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time. time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (c) Notify but in no event including the Commissioner primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or assignees, subtenants or licensees of Tenant shall remain the property of the completion owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the date owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of final payment for the term provided herein, provided that such Alteration(s) within ten (10) days after owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the later Property of Tenant and Tenant shall have the right to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to remove the Alterations at any time during the Termterm hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, for review any Alterations on the Demised Premises at the end of landscape redesignthe term shall become the property of Landlord without payment therefor by Landlord, renovation and rehabilitation projects in shall be surrendered to Landlord at the Licensed Premises. (e) All Alterations expiration of the term of this Lease; provided however, if the Lease term ends prior to the Licensed Premises undertaken thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by LicenseeLandlord, Tenant shall, at its board members, officers, agents, employees, volunteers sole cost and expense and in as expeditious a manner as possible remove any or contractors shall be at no cost to Parks (other than any agreed contribution all of such Alterations from the CityDemised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and contributions from other public or private sector partners or donors) and such work shall not commence until leave the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessaryDemised Premises in a commercially reasonable condition. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Sublease (R2 Technology Inc), Sublease Agreement (R2 Technology Inc)

Alterations. 6.1 Licensee 17.1 Tenant shall make no Alterations alterations, additions or improvements in or to the Demised Premises or other related areas herein without the Commissioner’s Landlord's prior written approval. Licensee may perform Alterations to Licensed Premises only in accordance with the requirements of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approvalconsent, which approval shall not be unreasonably withheld and provided that Landlord shall not be required to incur any costs in connection therewith and then only by architects, contractors, suppliers or delayedmechanics approved by Landlord in Landlord's sole discretion. In seeking Landlord's approval, for whatever designsTenant shall provide Landlord, at least fourteen (14) days in advance of any proposed construction, with plans, specifications, bid proposals, work contracts and such other information concerning the nature and cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, alterations as may be amended reasonably requested by Landlord. 17.2 Tenant agrees that there shall be no construction of partitions or other obstructions which might interfere with free access to mechanical installation or service facilities of the Building or interfere with the moving of Landlord's equipment to or from the enclosures containing said installations or facilities. 17.3 Tenant agrees that any work by Tenant shall be accomplished in such a manner as to permit any fire sprinkler system and fire water supply lines to remain fully operable at all times. 17.4 All such work shall be done at such times and in such manner as Landlord may from time to time during designate. Tenant covenants and agrees that all work done by Tenant shall be performed in full compliance with all laws, rules, orders, ordinances, directions, regulations, and requirements of all governmental agencies, offices, departments, bureaus and boards having jurisdiction, and in full compliance with the Termrules, for review orders, directions, regulations, and requirements of landscape redesign, renovation any applicable fire rating bureau. Tenant shall obtain all applicable building permits and rehabilitation projects occupancy certificate. Tenant shall provide Landlord with "as-built" plans showing any change in the Licensed Demised Premises. 17.5 Before commencing any work, Tenant shall give Landlord at least fourteen (e14) days' prior written notice of the proposed commencement of such work and shall, if required by Landlord, secure at Tenant's own cost and expenses a completion and lien indemnity bond satisfactory to Landlord for said work. 17.6 All Alterations alterations, attached equipment, decorations, fixtures, trade fixtures, additions and improvements, subject to Section 17.8, attached to or built into the Demised Premises, made by either party, including (without limiting the generality of the foregoing) all wallcovering, built-in cabinet work and paneling, exterior venting fume hoods and walk in freezers and refrigerators, shall, unless prior to such construction or installation, Landlord elects otherwise, become the property of Landlord upon the expiration or earlier termination of the term of this Lease, and shall remain upon and be surrendered with the Demised Premises as a part thereof. 17.7 Tenant shall repair any damage to the Licensed Demised Premises undertaken caused by LicenseeTenant's removal of any property from the Demised Premises. During any such restoration period, its board membersTenant shall pay Rent to Landlord as provided herein as if said space were otherwise occupied by Tenant. 17.8 All business and trade fixtures, officersmachinery and equipment, agentsbuilt-in furniture and cabinets, employeesincluding but not limited to, volunteers or contractors those items listed on Exhibit "G" attached hereto, together with all additions and accessories thereto, installed in and upon the Demised Premises and paid for by Landlord shall be and remain the property of Landlord and shall not be moved by Tenant at any time during the term of this Lease. If Tenant shall fail to remove all of its effects from the Demised Premises prior to termination of this Lease, then Landlord may, at its option, remove the same in accordance with law, and store said effects, and Tenant agrees to pay Landlord upon demand any expenses incurred for such removal and storage or Landlord may, at its option, in accordance with law, sell said property or any of the same, for such price as Landlord may obtain and apply the proceeds of such sale against any amounts due under this Lease from Tenant to Landlord and against any expenses incident to the removal, storage and sale of said personal property. 17.9 Notwithstanding any other provision of this Article 17 to the contrary, in no event may Tenant remove any improvement from the Demised Premises as to which Landlord contributed payment, including, without limitation, the Tenant Improvements made pursuant to the Work Letter and paid for by Landlord without Landlord's prior written consent, which may be withheld in Landlord's sole discretion. 17.10 Tenant shall pay to Landlord an amount equal to five percent (5%) of the cost to Parks (other than any agreed contribution from the CityTenant of all changes installed by Tenant or its contractors or agents to cover Landlord's overhead and expenses for plan review, coordination, scheduling and supervision thereof. For purposes of payment of such sum, Tenant shall submit to Landlord copies of all bills, invoices, and contributions from other public statements covering the costs of such changes, which will be accompanied by payment to Landlord of the percentage fee set forth above. Tenant shall reimburse Landlord for any extra expense incurred by Landlord by reason of faulty work done by Tenant or private sector partners its contractors, or donorsby reason of delays caused by such work, or by reason of inadequate cleanup. Nothing contained in this provision shall be construed as obligating Tenant to pay such fee to Landlord with respect to the work to be performed pursuant to the Work Letter. 17.11 Notwithstanding any of the foregoing, Tenant may construct non-structural alterations, additions and improvements ("Minor Alterations") and such work shall in the Demised Premises with not commence until the Licensee obtains less than fourteen (14) days prior written approval from (notice to Landlord but without Landlord's prior approval, if i) the Commissionercost of such work (whether conducted in one or a series of jobs) does not exceed Twenty Five Thousand Dollars ($25,000) ii) the Minor Alterations do not impact the Building systems such as electrical, heating, air conditioning, water and plumbing; and iii) are not visible from Common Areas of the Building. Minor Alterations shall not be subject to Section 17.10 above. Upon request, Landlord shall advise Tenant in Writing whether it reserves the right to require Tenant to remove any alterations from the Demised Premises upon termination of this Lease. Alterations and Tenant's trade fixtures, furniture, equipment and other personal property placed in the Demised Premises and paid for by Tenant ("Tenant's Property") shall at all times be and remain Tenant's property, and Tenant shall be entitled to all depreciation, amortization and other tax benefits with respect thereto. Except for alterations which cannot be removed without structural injury to the Demised Premises, or his designee and (ii) which have become fixtures of the Building, at any City time, Tenant may remove Tenant's Property from the Demised Premises, provided that Tenant repairs all damage caused by such Property removal. Landlord shall have no lien or other governmental authorizations interest whatsoever in any item of Tenant's Property located in the Demised Premises, and approvals that may be necessaryshall execute any document reasonably necessary to waive any lien or interest in Tenant's Property located in the Demised Premises. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Expansion Lease (Senomyx Inc), Expansion Lease (Senomyx Inc)

Alterations. 6.1 Licensee shall make no Alterations Subject to the Premises or other related areas herein without terms of this Paragraph 14, Tenant shall have the Commissioner’s prior written approvalright to perform certain alterations to the Premises. Licensee may perform Alterations to Licensed Premises only in accordance Any alterations made shall remain on and be surrendered with the requirements Premises upon expiration of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, except that if such Alteration is not constructed in accordance with the approved plans, then Parks shallLandlord may, within thirty (30) days after receipt of Final Completion written request by ▇▇▇▇▇▇ (which notice may be given by Tenant prior to or subsequent to ▇▇▇▇▇▇’s making of the construction of applicable alterations), elect to require Tenant to remove any alterations which Tenant may have made, or is contemplating making, to the Premises. If Landlord fails to timely make such Alterationelection, give Licensee an updated notice as Tenant shall not be required to whether such Alteration shall become property remove the applicable alterations which Tenant made, or is contemplating making, to the Premises. If Tenant fails to provide Landlord the above described notice, Landlord may, at anytime prior to that date which is thirty (30) days after the expiration of the City. 6.2 To alter Term, elect to require Tenant to remove any alterations which Tenant may have made to the Licensed Premises. If Landlord so elects, Licensee must: Tenant shall, at its own cost, restore the Premises to the condition reasonably designated by Landlord in its election, before the last day of the Term or within thirty (a30) Obtain days after notice of its election is given, whichever is later. Notwithstanding the Commissionerforegoing, Tenant shall not, without Landlord’s prior written approval, which be permitted to make alterations to the Premises that affect the structural portions of, or slab of, the Building, materially and adversely affect the Building’s systems and/or materially affect the appearance of the Building or the Premises Land viewed from the exterior, provided that Tenant shall notify Landlord in writing at least fifteen (15) days prior to the commencement of any alteration(s) and within thirty (30) days of completion of the applicable alteration(s) and, if completed, deliver to Landlord a set of the plans and specifications therefor, either “as built” or marked to show construction changes made. The performance of Tenant’s Work shall not be unreasonably withheld or delayedgoverned by the terms of this Paragraph 14, for whatever designs, plans, specifications, cost estimates, agreements, but shall rather be governed by the terms of Subparagraph 4(d) and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of the completion of Paragraph 9 above and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, Work Letter Agreement attached hereto as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessary. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.Exhibit C.

Appears in 2 contracts

Sources: Standard Industrial Lease, Standard Industrial Lease (Solyndra, Inc.)

Alterations. 6.1 Licensee Tenant shall make no Alterations changes in or to be demised premises of any nature without Owner's prior written consent. Subject to the Premises or other related areas herein without the Commissioner’s prior written approval. Licensee may perform Alterations consent of Owner and to Licensed Premises only in accordance with the requirements provisions of this Article 6 article, Tenant at Tenant's expense, may make alterations, installations, additions or improvements which are non-structural and Article 8which do not affect utility services or plumbing and electrical lines, in or to the interior of, the demised premises by using contractors or mechanics first approved by Owner. Upon Parks’ Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such ▇▇▇▇▇▇▇'▇ compensation, general liability, personal and property damage insurance as Owner may require. If any Alterationsmechanic's lien is filed against the demised premises, Parks shall reasonably cooperate with Licensee or the building of which the same forms a part, for work claimed to make such Alterations to any facilities installed by Licensee have done for, or materials furnished to, Tenant, whether or not done pursuant to this Article 6 article, the same shall be discharged by Tenant within ten days thereafter, at Tenant's expense, by filing the bond required by law. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or Article 8 during by Owner on Tenant's behalf, shall, upon installation, become the Termproperty of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Owner's rights thereto and to have them removed by Tenant, in which event the same shall be removed from the premises by Tenant prior to the expiration of the lease, at Tenant's expense. Upon Parks’ approval Nothing in this article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property from the premises or upon removal of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, other installations as may be amended from time required by Owner, Tenant shall immediately and at its expense, repair and restore the premises to time during the Term, for review condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the end of landscape redesign, renovation and rehabilitation projects the term remaining in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors premises after Tenant's removal shall be deemed abandoned and may, at no cost to Parks (other than any agreed contribution the election of Owner, either be retained as Owner's property or may be removed from the City, premises by Owner at Tenant's expense. Alterations and contributions from other public or private sector partners or donors) and such work additions made by Tenant shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessaryowned by Tenant for depreciation purposes. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Lease Agreement (Blue Fish Clothing Inc), Lease Agreement (Blue Fish Clothing Inc)

Alterations. 6.1 Licensee 9.1. Tenant shall be permitted to make no Alterations to any alterations, improvements, additions or physical changes in or about the Premises ("Alterations") that do not materially and adversely affect either the Structural Elements of the Building or other related areas herein without the Commissioner’s prior written approvalany Building System ("Permitted Alteration"). Licensee may perform Alterations to Licensed Premises only in accordance with the requirements of this Article 6 and Article 8. Upon Parks’ approval of any Except for Permitted Alterations, Parks shall reasonably cooperate with Licensee Tenant agrees not to make such or allow to be made any Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during without first obtaining the Term. Upon Parks’ approval written consent of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed Landlord in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approvaleach instance, which consent shall not be unreasonably withheld withheld, conditioned or delayeddelayed (and, for whatever designsin any event, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made shall not be conditioned on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant payment to Section 6.2(aLandlord of any fees or charges due to Landlord's review). Notwithstanding the foregoing, in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) event Landlord fails to notify Tenant within ten (10) days after Business Days of Landlord's receipt of Tenant's notice of its proposed Alterations (together with all documentation required to be submitted to Landlord hereunder) of Landlord's consent or denial of consent to the later proposed Alterations, Landlord shall be deemed to occur have consented to such proposed Alterations. Tenant shall be required to provide Landlord notice of said completion any Permitted Alterations (other than Permitted Alterations that are decorative or final payment. cosmetic in nature or do not require the issuance of a building permit) accompanied by plans and specifications for such Alteration prior to Tenant commencing such Alterations. Any and all Alterations to the Premises that remain at the Premises upon the expiration or sooner termination of this Lease shall become the property of Landlord upon the expiration or sooner termination of this Lease, except for trade fixtures, movable equipment, furniture, or personal property owned by Tenant (d) Licensee including, but not limited to, the Tenant Personalty), and prior to such termination Tenant shall comply with existing City and Parks’ procedures, as may be amended from time have the right to remove any such Alterations at any time during the TermTerm of this Lease subject to the provisions of this Article 9, provided that Tenant shall be responsible for review repairing any damage to the Building resulting from the removal of landscape redesign, renovation and rehabilitation projects in the Licensed Premisessuch Alterations. (e) 9.2. All Alterations to the Licensed Premises undertaken permits, approvals and certificates required by Licensee, its board members, officers, agents, employees, volunteers or contractors all Governmental Authorities shall be timely obtained by Tenant at no cost Tenant's expense and submitted to Parks Landlord (other than Landlord shall execute any agreed contribution from the Cityapplication reasonably required by Tenant therefor provided that such execution shall be without expense to Landlord and further provided that Landlord's execution is required by such Governmental Authority). Notwithstanding Landlord's approval of plans and specifications for any Alteration, and contributions from other public or private sector partners or donors) and such work all Alterations shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessaryperformed in full compliance with all applicable Laws. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Lease Agreement (Five Star Products Inc), Lease Agreement (National Patent Development Corp)

Alterations. 6.1 Licensee 15.1 Tenant agrees that it shall not make no Alterations or allow to be made any alterations, physical additions, or improvements in or to the Premises without first obtaining the written consent of Landlord in each instance. As used herein, the term “Minor Alteration” refers to an alteration that (a) does not affect the outside appearance of the Building and is not visible from the Common Areas, (b) is non-structural and does not impair the strength or structural integrity of the Building, and (c) does not materially or adversely affect the mechanical, electrical, HVAC or other related areas herein without systems of the Commissioner’s prior written approvalBuilding. Licensee may perform Alterations Landlord agrees not to Licensed Premises only in accordance with the requirements of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations unreasonably withhold its consent to any facilities installed by Licensee pursuant Minor Alteration. Landlord’s consent to this Article 6 any other alteration may be conditioned, given, or Article 8 during withheld in Landlord’s reasonable discretion. Notwithstanding the Termforegoing, Landlord consents to any repainting, recarpeting, or other purely cosmetic changes or upgrades to the Premises, so long as (i) the aggregate cost of such work is less than $25,000.00 in any twelve-month period, (ii) such work constitutes a Minor Alteration (iii) no building permit is required in connection therewith, and (iv) such work conforms to the then existing Building standards. Upon Parks’ approval At the time of any Alterationssaid request, Parks Tenant shall give notice submit to Licensee whether such Alteration shall become property Landlord plans and specifications of the City upon such Alteration’s substantial completionproposed alterations, providedadditions, however, or improvements; and Landlord shall have a period of not less than fifteen (15) days therefrom in which to review and approve or disapprove said plans; provided that if Landlord determines in good faith that Landlord requires a third party to assist in reviewing such Alteration is plans and specifications, Landlord shall instead have a period of not constructed less than thirty (30) days in which to review and approve or disapprove said plans. Tenant shall pay to Landlord upon demand the cost and expense of Landlord in (A) reviewing said plans and specifications, and (B) inspecting the alterations, additions, or improvements to determine whether the same are being performed in accordance with the approved plansplans and specifications and all laws and requirements of public authorities, then Parks shallincluding, within thirty (30) days without limitation, the fees of Final Completion of the construction of any architect or engineer employed by Landlord for such Alteration, give Licensee an updated notice as to whether purpose. In any instance where Landlord grants such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreementsconsent, and contractual understandings may pertain permits Tenant to contemplated purchases and/or work. use its own contractors, laborers, materialmen, and others furnishing labor or materials for Tenant’s construction (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(acollectively, “Tenant’s Contractors”), Landlord’s consent shall be deemed conditioned upon each of Tenant’s Contractors (1) working in harmony and not interfering with any laborer utilized by Landlord, Landlord’s contractors, laborers, or materialmen; and (2) furnishing Landlord with evidence of acceptable liability insurance, worker’s compensation coverage, and if at any time such entry by one or more persons furnishing labor or materials for Tenant’s work shall cause such disharmony or interference, the consent granted by Landlord to Tenant may be withdrawn immediately upon written notice from Landlord to Tenant. If Tenant is using Tenant’s Contractors for Tenant’s construction, the contract with such Tenant’s Contractor(s) shall provide for a guaranteed maximum price or a stipulated sum as the contract amount and shall be fully executed and delivered by Tenant and Tenant’s Contractor(s) prior to the commencement of construction. Tenant, at its expense, shall obtain all necessary governmental permits and certificates for the commencement and prosecution of alterations, additions, or improvements and for final approval thereof upon completion, and shall cause any alterations, additions, or improvements to be performed in compliance therewith and with all Applicable Laws (including without limitation, California Energy Code, Title 24) and all requirements of public authorities and with all applicable requirements of insurance bodies. All alterations, additions, or improvements shall be diligently performed in a good and workmanlike manner, using new materials and within a reasonable time. equipment at least equal in quality and class to be better than (ca) Notify the Commissioner original installations of the Building, or (b) the then standards for the Comparable Building. Upon the completion of work and upon request by Landlord, Tenant shall provide Landlord copies of all waivers or releases of lien from each of Tenant’s Contractors. No alterations, modifications, or additions to the Project or the Premises shall be removed by Tenant either during the Term or upon the Expiration Date or the Termination Date without the express written approval of Landlord. Tenant shall not be entitled to any reimbursement or compensation resulting from its payment of the cost of constructing all or any portion of said improvements or modifications thereto unless otherwise expressly agreed by Landlord in writing. 15.2 Landlord’s approval of Tenant’s plans for work 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, including, but not limited to, the Americans with Disabilities Act. Landlord may, at its option, at Tenant’s expense, require that Landlord’s contractors be engaged for any work upon the integrated Building mechanical or electrical systems or other Building or leasehold improvements. 15.3 At least five (5) days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises, Tenant shall notify Landlord of the proposed work and the date names and addresses of final payment Tenant’s Contractors. During any such work on the Premises, Landlord, or its representatives, shall have the right to go upon and inspect the Premises at all reasonable times, and shall have the right to post and keep posted thereon building permits and notices of non-responsibility or to take any further action which Landlord may deem to be proper for such Alteration(s) within ten (10) days after the later to occur protection of said completion or final paymentLandlord’s interest in the Premises. (d) Licensee 15.4 During such times as Tenant is performing work or having work or services performed in or to the Premises, Tenant shall comply with existing City require its contractors, and Parks’ procedurestheir subcontractors of all tiers, to obtain and maintain commercial general liability, automobile, workers compensation, employer’s liability, builder’s risk, and equipment/property insurance in such amounts and on such terms as are customarily required of such contractors and subcontractors on similar projects. The amounts and terms of all such insurance are subject to Landlord’s written approval, which approval shall not be unreasonably withheld. The commercial general liability and auto insurance carried by Tenant’s contractors and their subcontractors of all tiers pursuant to this section shall name Landlord, Landlord’s managing agent, and such other persons as Landlord may be amended reasonably request from time to time during as additional insureds with respect to liability arising out of or related to their work or services (collectively, “Additional Insureds”). Such insurance shall provide primary coverage without contribution from any other insurance carried by or for the Termbenefit of Landlord, for review Landlord’s managing agent, or other Additional Insureds. Such insurance shall also waive any right of landscape redesignsubrogation against each Additional Insured. Tenant shall obtain and submit to Landlord, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations prior to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from earlier of (i) the Commissioner, entry onto the Premises by such contractors or his designee and subcontractors or (ii) any City commencement of the work or other governmental authorizations and approvals that may services, certificates of insurance evidencing compliance with the requirements of this section. All of such alterations shall be necessaryinsured by Tenant pursuant to Article 13 of this Lease immediately upon completion thereof. 15.5 Tenant’s initial improvement of the Premises shall be governed by Exhibit C and not the provisions of this Article 15 (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permitthan Section 15.4).

Appears in 2 contracts

Sources: Lease Agreement (Allakos Inc.), Lease Agreement (Allakos Inc.)

Alterations. 6.1 Licensee shall make no Any Alterations to the Premises shall be at Tenant’s sole cost and expense, and made in compliance with all applicable Laws and all reasonable requirements requested by Landlord. Prior to starting work, Tenant shall furnish Landlord with: (1) plans and specifications (which shall be in CAD format if requested by Landlord); (2) either (a) the name of the general contractor Tenant plans to use or other related areas herein without (b) a statement in writing that Tenant intends to act as its own general contractor for the Commissioner’s prior written approval. Licensee may perform Alterations and that Tenant shall compy with all requirements and obligations applicable to Licensed Premises only in accordance with the requirements of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee general contractor pursuant to this Article 6 Lease and the Work Letter; (3) a list of contractors and/or subcontractors Tenant intends to use; (4) required permits and approvals; (5) evidence of contractors and subcontractors insurance in amounts reasonably required by Landlord and naming Landlord, the managing agent for the Building and such other persons or Article 8 during entities as Landlord may reasonably request, as additional insureds; and (6) any security for payment in performance and amounts reasonably required by Landlord. If any Alteration requires the removal of asbestos, an appropriate asbestos disposal plan, identifying the proposed disposal site of all such asbestos, must be included with the plans and specifications provided to Landlord. Landlord and ▇▇▇▇▇▇ agrees to use the procedure and timing set forth in the Work Letter attached to this Lease to submit and respond to the Alterations plans and specifications in the same manner as the Tenant Improvement plans and specifications. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s contractors shall not be required so long as they are licensed and bonded in the state of California and complete all Alterations in a workmanlike manner. ▇▇▇▇▇▇▇▇’s approval of an Alteration shall not be deemed a representation by Landlord that the Alteration complies with Law. In addition, Tenant shall pay Landlord a fee for Landlord’s oversight and coordination of any Alteration (a “Coordination Fee”) equal to five percent (5%) of the total costs of the Alteration, to the extent the costs of the Alteration is equal to or less than $100,000; or four percent (4%) of the costs of the Alteration to the extent that the costs of the Alteration is in excess of $100,000. In no event shall the Coordination Fee exceed more than $250,000 in any calendar year. Upon completion, Tenant shall furnish Landlord with all completion conditions described in Exhibit G. Landlord will notify Tenant at the time of Landlord’s consent to any such Alterations as to whether Landlord requires their removal at Tenant’s cost at the end of the Term. Upon Parks’ approval of any If Landlord is deemed to consent to the Alteration because it failed to timely respond to ▇▇▇▇▇▇’s reminder notice for consent to the Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completionTenant may, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which but shall not be unreasonably withheld or delayedobligated to, for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and remove the Alterations at the expiration of the Term. All Alterations shall be made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, in accordance with the terms of Exhibit G and within a reasonable time. (c) Notify ▇▇▇▇▇▇▇▇’s then-current guideline for construction. Tenant shall maintain appropriate liability and builders’ risk insurance throughout the Commissioner construction. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against any and all claims for injury to or death of persons or damage or destruction of property arising out of or relating to the performance of any Alterations, Limited Improvements and Tenant Improvements performed by or on behalf of Tenant, or any liens recorded against the title of the completion property, except to the extent such claims are caused by the gross negligence or willful misconduct of and the date of final payment for such Alteration(s) within ten (10) days after the later Landlord or Landlord Related Parties. Under no circumstances shall Landlord be required to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedurespay, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than 60447235.v9 Term any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City ad valorem or other governmental authorizations Taxes on such Alterations, Limited Improvements and approvals that may be necessaryTenant Improvements, Tenant hereby covenanting to pay all such taxes when they become due. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Lease Agreement (Astra Space, Inc.), Lease Agreement (Astra Space, Inc.)

Alterations. 6.1 Licensee During the Term, Tenant shall have the right, at its discretion and its sole cost, without Landlord's consent, to make no Alterations (i) any alterations or modifications to the interior of the Building necessary or desirable in order to bring the Premises or other related areas herein without the Commissioner’s prior written approval. Licensee may perform Alterations to Licensed Premises only in accordance into conformity with Tenant's then-current prototype for similarly sized stores (provided same complies with the requirements of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property regulations of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is of Chico and does not constructed in accordance with affect the approved plans, then Parks shall, within thirty (30) days of Final Completion structural integrity of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: Building) and (aii) Obtain the Commissioner’s prior written approvalany interior non-structural alterations or modifications it may desire. With Landlord's consent, which shall not be unreasonably withheld withheld, conditioned or delayed, for whatever designsTenant shall have the right, plansat its sole cost, specificationsto alter, cost estimatesmodify or reconstruct the exterior and/or structure of the Building or Other Improvements. Landlord's withholding of consent as to any exterior and/or structural alteration or modification shall be deemed reasonable only if same is materially inconsistent with the then-existing architecture of the Shopping Center or if such alteration or modification would increase the ground floor gross leasable square footage of the Building, agreementsadd an additional story to the Building, result in the Building extending higher than thirty (30) feet above the ground, adversely affect the structural integrity of the Building or if Landlord's Mortgagee's consent is required to the alteration and contractual understandings may pertain if such Mortgagee fails or refuses to contemplated purchases and/or work. grant such approval. Tenant shall cause all such alterations to be lien-free (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), paragraph 13) and made and completed at Tenant's cost in a good workmanlike manner and workmanlike mannerin compliance with all applicable law. Should Landlord's consent be required, conceptual plans and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment specifications for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall be provided to Landlord prior to commencement of any such work. Landlord shall be deemed to have consented to such work if written notice of disapproval, with reasons specified, is not commence until received by Tenant within fifteen (15) business days following Tenant's delivery of such plans and specifications to Landlord. Without cost or expense to Landlord, Landlord shall cooperate with Tenant in the Licensee obtains prior written approval from (i) the Commissionerobtaining of any and all licenses, or his designee and (ii) any City building permits, certificates of occupancy or other governmental authorizations and approvals that which may be necessaryrequired in with any such modifications or alterations, and Landlord shall execute, acknowledge and deliver any documents reasonably required in furtherance of such purposes. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Lease (Basic Us Reit Inc), Lease (Basic Us Reit Inc)

Alterations. 6.1 Licensee shall A. From time to time after delivery of the Vessel into Charterer's service, Charterer may make no Alterations structural and other alterations to the Premises Vessel, its machinery, or other related areas herein without the Commissioner’s prior written approval. Licensee may perform Alterations to Licensed Premises electrical equipment, only in accordance with the requirements of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s Owner's prior written approval, which shall not be unreasonably withheld withheld, provided the alterations to the Vessel and its equipment are returned to their original state at or delayedprior to the termination of this Charter and Redelivery of the Vessel to Owner. Owner, however, has the option to retain any alterations made by Charterer at a mutually agreed price. In addition, leased equipment may be placed on board the Vessel by Charterer. At the time of Redelivery, Owner has the right at Owner's expense to continue the lease for whatever designssuch equipment should the lease permit or may require Charterer to have such equipment removed. As to equipment otherwise placed aboard the Vessel by Charterer, plansCharterer shall have the right to remove same upon Redelivery, specificationsprovided that if Owner desires to retain the equipment on board the Vessel, cost estimatesit may purchase the equipment at a price to be agreed upon at the time of Redelivery. Any additions or alterations permitted by this Article are subject to approval by the Vessel's classification society and, agreementsif required, and contractual understandings may pertain the U. S. Coast Guard. Notwithstanding anything to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed contrary contained in this Charter, Charterer shall not have the right to remove any gaming equipment other than in accordance with submissions approved pursuant to Section 6.2(athat certain Master Lease Agreement (Palm Beach Princess and Empress II Gaming Equipment), in a good and workmanlike mannerdated as of July 6, 2004, between PDS Gaming Corporation, as Lessor, and within a reasonable time. Charterer and ITGPB (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures"Master Lease"), as may be amended from time to time during lessee, without the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee of PDS Gaming Corporation and (ii) any City or other governmental authorizations and approvals that may be necessaryOwner. (f) Licensee B. Charterer's house colors are currently painted on the Vessel, and the Vessel shall not install and/or continue to be so painted during the term of this Charter. Charterer shall have the right to rename the Vessel, and shall pay for all associated costs therefor. Prior to Redelivery, Charterer shall rename the Vessel at its expense in accordance with Owner's reasonable instructions. However, Owner shall in no event have the right to the use of Charterer's trademark following Redelivery. C. The Vessel shall be kept painted and metal surfaces preserved at all times, and Charterer shall maintain any temporary storage or other ancillary structures or staging areas without the Vessel in as good a Parks permitcondition as delivered, normal wear and tear excepted.

Appears in 2 contracts

Sources: Bareboat Charter and Option to Purchase (International Thoroughbred Breeders Inc), Bareboat Charter and Option to Purchase (International Thoroughbred Breeders Inc)

Alterations. 6.1 Licensee shall Tenant may not make no Alterations any changes, alterations, improvements, or additions to the Premises or other related areas herein attach or affix any articles thereto without the CommissionerLandlord’s prior written approvalconsent, which consent Landlord shall not unreasonably withhold, condition, or delay. Licensee All alterations, additions, or improvements which may perform Alterations be made upon the Premises by Landlord or Tenant (except unattached trade fixtures and office furniture and equipment owned by Tenant) shall not be removed by Tenant but shall become and remain the property of Landlord. All alterations, improvements, and additions to Licensed the Premises (as permitted by Landlord) shall be done only by Landlord or contractors or mechanics approved by Landlord and shall be at Tenant’s sole expense and at such times and in accordance with such manner as Landlord may reasonably approve. If Tenant shall make any alterations, improvements or additions to the requirements Premises, Landlord may require Tenant, at the expiration of this Article 6 and Article 8. Upon Parks’ approval of any AlterationsLease, Parks shall reasonably cooperate with Licensee to make restore the Premises to substantially the same condition as existed on the Commencement Date, provided that Landlord notified Tenant that it would require Tenant to remove such Alterations to any facilities installed by Licensee pursuant to this Article 6 alterations, improvements or Article 8 during additions upon the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property expiration of the City upon such AlterationLease at the time Tenant requested Landlord’s substantial completionconsent for same. Any mechanic's or materialmen’s lien for which ▇▇▇▇▇▇▇▇ has received a notice of intent to file or which has been filed against the Property arising out of work done for, providedor materials furnished to or on behalf of Tenant, howeverits contractors or subcontractors shall be discharged, that if such Alteration is not constructed in accordance with the approved plansbonded over, then Parks shall, or otherwise satisfied by Tenant within thirty (30) days of Final Completion following the earlier of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: date Landlord receives (a) Obtain the Commissioner’s prior written approval, which shall not be unreasonably withheld notice of intent to file a lien or delayed, for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure notice that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant lien has been filed. If Tenant fails to Section 6.2(a)discharge, in a good and workmanlike mannerbond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and within a the amount expended by Landlord, including reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) attorneys’ fees, shall be paid by Tenant within ten (10) days after following ▇▇▇▇▇▇’s receipt of a bill from Landlord. Notwithstanding the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ proceduresforegoing, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work Landlord’s consent shall not commence until be required for any alteration that satisfies all of the Licensee obtains prior written approval from following criteria (each, a “Cosmetic Alteration”): (i) the Commissioneris of a purely cosmetic nature such as painting, or his designee wallpapering, hanging pictures and installing carpeting; (ii) any City is not visible from the exterior of the Building; (iii) will not affect the systems or other governmental authorizations structure of the Building; and approvals that may (iv) does not require work to be necessaryperformed inside the walls or above the ceiling or below the floor of the Premises. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Lease Agreement (MiniMed Group, Inc.), Lease Agreement (MiniMed Group, Inc.)

Alterations. 6.1 Licensee Tenant shall not make no Alterations any alterations to the Premises or other related areas herein (“Alterations”) without the CommissionerLandlord’s prior written approvalconsent, which consent shall not be unreasonably withheld, provided however that Tenant may make non-structural alterations costing less than $10,000 per event without Landlord’s consent. Licensee Regardless of whether Landlord’s consent for an Alteration is required, Tenant must provide Landlord at least fifteen (15) business days prior to the commencement of any Alteration with a complete description of each such Alteration including any building permit drawing(s) and specifications. Landlord may perform Alterations to Licensed Premises only post notices regarding non-responsibility in accordance with the requirements laws of this Article 6 the state in which the Premises are located. All Alterations made by Tenant, whether or not subject to Landlord’s consent, shall be performed by Tenant and Article 8its contractors in a first class workmanlike manner and permits and inspections shall be obtained from all required governmental entities. Upon Parks’ approval Landlord shall respond to Tenant within fifteen (15) business days of actual receipt of Tenant’s written request for consent to any Alterations, Parks shall reasonably cooperate with Licensee . If Landlord fails to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, respond within thirty (30) days of Final Completion actual receipt, the Alterations shall be deemed approved and not subject to removal at the end of the Term. At the time Landlord gives its consent to any Alterations, it shall designate whether Tenant will be required to remove some or all of such Alterations upon the expiration or termination of this Lease or whether Tenant will be able to leave the Alterations and surrender them with the Premises. Everything else notwithstanding, in no event will Tenant be required to remove or restore Alterations that are generic office tenant improvements or engineering (dry) labs. Landlord may, upon 60 days prior written notice before the expiration of the Term, require Tenant to remove some or all of the Alterations for which Landlord’s consent was not previously requested. Before the last day of the Term, Tenant shall at its own cost also remove those Alterations for which Landlord previously notified Tenant removal would be required. If Landlord so elects, Tenant shall at its own cost restore those Alterations for which consent was not previously requested to the condition designated by Landlord in its election, before the last day of the Term. Should Landlord consent in writing to Tenant’s Alteration of the Premises, Tenant shall contract with a contractor approved by Landlord for the construction of such AlterationAlterations, give Licensee an updated notice as shall secure all appropriate governmental approvals and permits, and shall complete such Alterations with due diligence in compliance with plans and specifications approved by Landlord. Tenant shall pay all costs for such construction and shall keep the Premises free and clear of all mechanics’ liens which may result from construction by Tenant. Notwithstanding anything in this Lease to whether such Alteration shall become property the contrary, Landlord will inspect the existing alterations and improvements in the Premises within ninety (90) days of the City. 6.2 To alter date the Licensed PremisesLease is executed in full by both parties, Licensee must: (a) Obtain the Commissioner’s prior written approval, which and Tenant shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain obligated to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner remove any elements of the completion of existing alterations and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ proceduresimprovements that Landlord approves, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations but subject to the Licensed Premises undertaken by Licenseeparagraph immediately above, its board members, officers, agents, employees, volunteers or contractors shall be at no cost obligated to Parks remove as of the Expiration Date of this Lease any alterations and improvements to the Premises made subsequent to the Commencement Date of the Prior Lease (other than any agreed contribution from as defined below) which Landlord has not approved in writing. If Landlord fails to inspect or provide written notice regarding its approval to Tenant within the Cityninety (90) day period described above, all existing alterations and contributions from other public or private sector partners or donors) improvements shall be deemed approved and such work shall need not commence until be removed as of the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessaryExpiration Date of this Lease. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Standard Single Tenant NNN Lease (Lsi Logic Corp), Standard Single Tenant NNN Lease (Lsi Logic Corp)

Alterations. 6.1 Licensee Construction by Tenant of Alterations shall make no be governed by the following: A. Except as set forth below, Tenant shall not construct any Tenant Alterations or otherwise alter, improve, modify, or perform any work of improvement to the Premises or other related areas herein without the Commissioner’s Landlord's prior written approval. Licensee may perform However, Tenant shall be entitled, without Landlord's prior approval, to make Tenant Alterations to Licensed (i) which do not affect the structural or exterior parts or water tight character of the Building, and (ii) the reasonably estimated cost of which, plus the original cost of any part of the Premises only removed or materially altered in connection with such Tenant Alterations, together do not exceed the Permitted Tenant Alterations Limit per work of improvement. In the event Landlord's approval for any Tenant Alterations is required, Tenant shall not construct the Tenant Alterations until Landlord has approved in writing the plans and specifications therefor. Such Tenant Alterations shall be constructed substantially in compliance with such approved plans and specifications by a licensed contractor first approved by Landlord. All Tenant Alterations (whether Landlord's consent is required or not) shall be constructed by a licensed contractor in accordance with all Laws (including the requirements ADA) using new materials of this Article 6 and Article 8. Upon Parks’ approval good quality. B. Tenant shall not commence construction of any AlterationsTenant Alterations until (i) all required governmental approvals and permits have been obtained, Parks shall (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant has given Landlord at least five days' prior written notice of its intention to commence such construction, and (iv) if requested by Landlord, Tenant has obtained contingent liability and broad form builders' risk insurance in an amount reasonably cooperate with Licensee satisfactory to make such Alterations Landlord if there are any perils relating to any facilities installed the proposed construction not covered by Licensee insurance carried pursuant to this Article 6 or Article 8 the Lease. C. All Tenant Alterations shall remain the property of Tenant during the TermLease Term but shall not be altered or removed from the Premises except with Landlord's advance written permission. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property At the expiration or sooner termination of the City upon such Alteration’s substantial completionLease Term, all Tenant Alterations shall be surrendered to Landlord as part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof; provided, however, that if Landlord requires Tenant to remove any Tenant Alterations, Tenant shall so remove such Alteration Tenant Alterations prior to the expiration or sooner termination of the Lease Term. Notwithstanding the foregoing, Tenant shall not be obligated to remove any Tenant Alterations with respect to which the following is true: (i) Tenant was required, or elected, to obtain the approval of Landlord to the installation of the Leasehold Improvement in question; (ii) at the time Tenant requested Landlord's approval, Tenant requested of Landlord in writing that Landlord inform Tenant of whether or not constructed in accordance with Landlord would require Tenant to remove such Leasehold Improvement at the approved plansexpiration of the Lease Term; and (iii) at the time Landlord granted its approval, then Parks shall, within thirty (30) days it did not inform Tenant that it would require Tenant to remove such Leasehold Improvement at the expiration of Final Completion of the Lease Term. D. Landlord's consent to the construction of such Alteration, give Licensee an updated notice as Tenant Alterations may be withheld in Landlord's sole discretion. Landlord's consent to whether such Alteration shall become property construction of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which Tenant Alterations and Landlord's approval of plans and specifications for Tenant Alterations shall not be unreasonably withheld create any responsibility or delayed, for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made liability on the Licensed Premises are undertaken and completed Landlord's part in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations regard to the Licensed Premises undertaken by Licenseecompleteness, its board memberscompetency, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissionerdesign sufficiency, or his designee compliance with Law of such Tenant Alterations or the plans and (ii) any City or other governmental authorizations and approvals that may be necessaryspecifications therefor. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Lease (Harmonic Inc), Lease (Harmonic Inc)

Alterations. 6.1 Licensee Except for cosmetic alterations and projects that do not exceed $50,000.00 during any calendar year of the Term, that do not require a permit from the City of Irvine and that satisfy the criteria in the next following sentence (which cosmetic work shall require notice to Landlord but not Landlord’s consent), Tenant shall make no Alterations alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises or other related areas herein without the Commissioner’s prior written approvalconsent of Landlord. Licensee may perform For all Alterations to Licensed Premises only in accordance with that require the requirements of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approvalconsent of Landlord, which Landlord’s consent shall not be unreasonably withheld withheld, conditioned or delayeddelayed as long as the proposed Alterations do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (“Standard Improvements”). For all Alterations that require the prior written consent of Landlord, Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, provided that, for whatever designsprojects that do not exceed $100,000.00, Landlord shall not require Tenant to post a lien or completion bond. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to Landlord. Tenant shall obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord, and except for cosmetic Alterations not requiring a permit, Landlord shall be entitled to a supervision fee in the amount of 3% of the cost of the Alterations. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect and/or engineers to review Tenant’s architectural, mechanical and electrical plans, specificationsand the reasonable cost of that review shall be reimbursed by Tenant Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, cost estimatesthen Tenant shall, agreementsat its expense, furnish Landlord with as-built drawings and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and CAD disks compatible with Landlord’s systems. Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), shall be constructed in a good and workmanlike mannermanner using materials of a quality reasonably approved by Landlord Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures, furniture, office/telephone equipment, computers and within a reasonable time. (c) Notify other personal property shall become the Commissioner property of Landlord and shall be surrendered with the completion Premises at the end of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, except that Landlord may, by notice to Tenant given at least 45 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”), and to replace any non-Standard Improvements made by Tenant with the applicable Standard Improvements. Tenant, at the time it requests approval for review a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion thereof, is a Required Removable and Landlord shall advise Tenant as to which Alteration or any portion thereof shall be deemed a Required Removable within 10 days after receipt of landscape redesign, renovation and rehabilitation projects Tenant’s request. If Landlord fails to respond to any request for consent within the 10 day period set forth in the Licensed Premises. (e) All Alterations preceding sentence, Tenant shall have the right to provide Landlord with a second request for consent. Tenant’s second request for consent must specifically state that Landlord’s failure to respond within a period of 5 days shall be deemed to be an approval by Landlord. In connection with its removal of Required Removables, Tenant shall repair any damage to the Licensed Premises undertaken by Licenseearising from that removal and shall restore the affected area to its pre-existing condition, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, reasonable wear and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessarytear excepted. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Lease (Inari Medical, Inc.), Lease (Inari Medical, Inc.)

Alterations. 6.1 Licensee 15.1 In the event Tenant, after the Effective Date of this Fourth Amendment, elects to construct Landlord approved Alterations and improvements in the Premises, Tenant shall make have no Alterations obligation to remove the same, nor to restore the Premises to the condition that existed prior to such Alterations or improvements being made, unless Landlord provides written notice to Tenant at the time Landlord approves such proposed Alterations and improvements, with such written notice to Tenant specifying that Tenant shall be responsible for the removal of such proposed Alterations or improvements upon the expiration or earlier termination of the Lease. 15.2 Landlord and Tenant hereby knowledge and agree that Section 2.4 of Exhibit B to the Second Amendment, and the Schedule 2 referenced therein (collectively, the “Prior Non-Confirming Improvements Provisions”), are both hereby deleted. In place of the Prior Non-Confirming Improvements Provisions, Landlord and Tenant hereby acknowledge and agree that, as to all Alterations and improvements existing in the Premises as of the Effective Date of this Fourth Amendment, Tenant shall have no obligation to remove any such Alterations or other related areas herein without improvements, nor to restore the Commissioner’s Premises to the condition that existed prior written approval. Licensee may perform such Alterations to Licensed Premises only in accordance or improvements being made, with the requirements exception of this Article 6 those certain items identified on the Replacement Schedule 2 attached hereto (the “Non-Conforming Improvements”). 15.3 Additionally, as set forth on Replacement Schedule 2, to Non-Conforming Improvements are divided into two (2) categories: the “Tier One Non-Conforming Improvements”, and Article 8the “Tier Two Non-Conforming Improvements”. Upon Parks’ approval of any AlterationsLandlord and Tenant hereby acknowledge and agree that, Parks shall reasonably cooperate with Licensee in the event Tenant exercises at least the first Option Term or otherwise enters into an amendment to make such Alterations the Lease to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during further extend the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property term of the City upon Lease beyond the New Expiration Date for a period of thirty-six (36) months or longer, and such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed extension of the term of the Lease applies to at least fifty percent (50%) of the rentable square feet in accordance with the approved plansBuildings, then Parks shall, within thirty (30) days of Final Completion upon the expiration or earlier termination of the construction of such AlterationLease, give Licensee an updated notice as to whether such Alteration Tenant shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain no longer be obligated to remove any of the Commissioner’s prior written approval, which shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreementsTier Two Non-Conforming Improvements, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed only be obligated to remove the Tier One Non-Conforming Improvements, with such removal of the Tier One Non-Conforming Improvements to occur upon the expiration of the Lease as to any Building not leased by Tenant. In contrast, if Tenant declines to exercise the first Option Term, and Alterations made on otherwise fails to enter into an amendment to extend the Licensed Premises are undertaken term of the Lease beyond the New Expiration Date for a period of thirty-six (36) months or longer (and completed for at least fifty percent (50%) of the rentable square feet in accordance with submissions approved pursuant to Section 6.2(athe Buildings), in a good then Tenant shall remain obligated to remove the Tier One and workmanlike manner, and within a reasonable time. (c) Notify Tier Two Non-Conforming Improvements upon the Commissioner expiration or earlier termination of the completion of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final paymentLease. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessary. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Office Lease (Dexcom Inc), Office Lease (Dexcom Inc)

Alterations. 6.1 Licensee Tenant shall make no Alterations alterations, installations, changes or additions in or to the Premises or other related areas herein the Project (collectively, "Alterations") without the Commissioner’s Landlord's prior written approval. Licensee may perform Alterations to Licensed Premises only in accordance with the requirements of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approvalconsent, which shall not be unreasonably withheld withheld, conditioned or delayed; provided, for whatever designshowever, plans, specifications, cost estimates, agreements, (i) Landlord hereby consents to those Alterations listed on Exhibit "E" attached hereto and contractual understandings may pertain to contemplated purchases and/or work. made a part hereof (b) Ensure that work performed and so long as such Alterations made on the Licensed Premises are undertaken and otherwise completed in accordance with submissions the requirements set forth in this Lease), and (ii) Landlord's prior written consent shall not be required for Tenant's interior painting, and for any non-structural installation of fixtures, equipment, interior floors and floor coverings in the Premises, all of which may otherwise be completed in accordance with this Lease. Any Alterations approved by Landlord must be performed in accordance with the terms hereof, using only contractors reasonably approved by Landlord in writing and upon the reasonable approval by Landlord in writing of plans and specifications pertaining to the Alterations in question, to be prepared and submitted by Tenant at its sole cost and expense. Landlord shall grant or deny consent to a proposed Alteration within ten (10) business days after Landlord's receipt of plans and specifications therefor. If Landlord fails to so respond in writing to Tenant within said ten (10) business day period, Tenant may send a second written notice ("Alteration Notice") to Landlord indicating that such Alteration Notice is being delivered by Tenant pursuant to this Section 6.2(a9(d), . Landlord's failure to withhold its consent by written notice to Tenant within five (5) business days after Landlord's receipt of a properly delivered Alteration Notice shall be deemed to constitute Landlord's consent to such Alteration. Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any Alterations approved by Landlord. Tenant shall cause all Alterations to be performed in a good and workmanlike manner, in conformance with all applicable Laws and within pursuant to a reasonable time. valid building permit. Landlord shall not be entitled to a construction management fee or review fee in connection with any Alterations. Notwithstanding anything to the contrary contained herein, Tenant may also make minor alterations to the Premises (c) Notify the Commissioner "Minor Alterations"), without Landlord's consent, provided that the cost of any such Minor Alteration does not exceed $75,000 in any one instance and more than $200,000 in the completion of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time aggregate during the Term, for review of landscape redesign, renovation ; and rehabilitation projects in the Licensed Premises. provided further that such Minor Alteration does not (ei) All Alterations require any structural modifications to the Licensed Premises undertaken by LicenseePremises, its board members(ii) require any changes to, officersnor adversely affect, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the CityProject Systems, and contributions from other public (iii) affect the exterior appearance of the Project. Notwithstanding the rights accorded to Tenant pursuant to the immediately preceding sentences, Tenant acknowledges and agrees that Landlord's permission for Tenant to commence construction or private sector partners or donors) and Landlord's monitoring of such work shall not commence until in no way constitute any representation or warranty by Landlord as to the Licensee obtains prior written approval from (i) adequacy or sufficiency of such plans and specifications, the Commissionerimprovements to which they relate, the capabilities of such contractors or his designee and (ii) the compliance of any City such work with any applicable Laws; instead, any such permission or other governmental authorizations and approvals that may monitoring shall merely be necessarythe consent of Landlord as required hereunder. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Lease (Cohu Inc), Agreement of Purchase and Sale (Cohu Inc)

Alterations. 6.1 Licensee Tenant shall make no Alterations alterations, installations, additions or improvements (herein collectively called "Alterations") in or to the Demised Premises or other related areas herein the Building, structural or otherwise, without the Commissioner’s Landlord's prior written approval. Licensee may perform Alterations to Licensed Premises only in accordance with the requirements of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approvalconsent, which shall not be unreasonably withheld withheld, conditioned or delayed. If any such Alterations are made without the prior written consent of Landlord, for whatever designs, plans, specifications, cost estimates, agreementsLandlord may correct or remove the same, and contractual understandings may pertain to contemplated purchases and/or Tenant shall be liable for any and all expenses incurred by Landlord in the performance of such work. (b) Ensure that work performed and . All Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a)shall be at Tenant's sole expense, in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City all laws, rules, orders and Parks’ proceduresregulations of governmental authorities having jurisdiction thereof and shall be made at such times and in such manner as Landlord determines will not unreasonably interfere with the use of the Building by other Tenants and their respective premises. All Alterations shall be made only by such contractors or mechanics as are approved in writing by Landlord. Such approval shall not be unreasonably withheld, as may conditioned or delayed. Approval of contractors or mechanics by Landlord shall be amended from time based upon the contractors or mechanics being properly licensed, their financial posture, experience, and past job performance. Tenant shall pay prevailing wages to time during the Term, for review of landscape redesign, renovation all contractors and rehabilitation projects in the Licensed Premises. (e) mechanics. All Alterations to the Licensed Premises undertaken Demised Premises, whether made by LicenseeLandlord or Tenant, its board membersand whether at Landlord's or Tenant's expense, officersor the joint expense of Landlord and Tenant, agentsshall be and remain the property of Landlord, employeeshereinafter unless otherwise agreed to by Landlord and Tenant. Upon expiration of the Lease, volunteers Tenant shall have no obligation to remove, modify or contractors alter any of the initial alterations described in Exhibit D attached. Landlord, at the expiration of the Term or any renewal or extension thereof, may elect to require Tenant to remove all or any part of the Alterations (excluding Initial Alterations), unless Landlord agrees in writing not to require the removal of an Alteration. Removal of Tenant's Property and Alteration shall be at Tenant's cost and expense and Tenant shall, at its cost and expense, repair any damage to the Demised Premises or the Building caused by such removal. In the event Landlord does not so elect, and Tenant does not remove Tenant's Property, it shall become property of Landlord at the expiration of the Term. In the event Tenant fails to remove Tenant's property or the Alterations requested to be removed by Landlord on or before the expiration of the Term or any extension or renewal thereof, then and in such event, the Landlord may remove Tenant's Property and Alteration from the Demised Premises at Tenant's expense and the Tenant hereby agrees to reimburse the Landlord for the cost of such removal together with any and all damages which the Landlord may suffer and sustain by reason of the failure of Tenant to remove the same. Landlord, at its own cost and expense, shall perform or provide the renovations to the Demised Premises as more fully described on Exhibit D (the renovations therein described being referred to herein as the “Initial Alterations”). Landlord's architect shall perform all of the architectural services required in connection with the construction of the Initial Alterations. Landlord shall require the use of building standard finishes for the Initial Alterations. Landlord shall be responsible for obtaining all necessary permits for occupancy. Landlord shall have no cost liability for any delay in delivering the Demised Premises due to Parks (contractor delay. Upon substantial completion of the Initial Alterations as reasonably determined by Landlord’s architect, this Lease shall commence and Tenant shall have the right to occupy the Demised Premises. “Substantial Completion” of the Initial Alterations shall be the date reasonably determined by Landlord that the Initial Alterations has been performed, other than any agreed contribution from details of construction, mechanical adjustment or any other matter, the Citynon-completion of which does not materially interfere with the ability of Tenant to commence beneficial use and occupancy of the Premises. Notwithstanding any provision in this Lease to the contrary, in the event Landlord is delayed in the substantial completion of the Initial Alterations by reason of any Tenant Caused Delay, then and contributions from other public or private sector partners or donors) and in such work event the Lease Commencement Date shall not commence until be the Licensee obtains prior written approval from (i) date which Landlord’s architect reasonably determines that the CommissionerInitial Alterations would have been substantially completed in the absence of the Tenant Caused Delay. For purposes hereof, or his designee and (ii) any City or other governmental authorizations and approvals that may a Tenant Caused Delay shall be necessary. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.defined as follows:

Appears in 2 contracts

Sources: Office Lease Agreement (Technest Holdings Inc), Office Lease Agreement (Technest Holdings Inc)

Alterations. 6.1 Licensee shall make no Alterations For purposes of this Lease, any physical improvement, addition, enhancement or change with respect to all or any portion of the Premises is referred to as an "Alteration." Tenant or other related areas herein without Franchisor shall have the Commissioner’s prior written approval. Licensee may perform Alterations to Licensed Premises only in accordance with the requirements of this Article 6 right at any time and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects Term to make or cause to be made any Alteration in the Licensed Premises. (e) All Alterations or to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) without Landlord's consent, if such Alteration consists of the Commissionerdemolition of the Building and reconstruction of a new prototypical building so long as: (A) the new building is constructed in compliance with applicable codes and Permitted Exceptions, (B) Tenant continues to pay Rent, (C) construction is completed within nine (9) months following demolition of the Building, subject to extension for force majeure events, (D) Landlord has approved in advance the construction budget (which shall include a contingency) for the new building, such approval not to be unreasonably withheld, delayed or conditioned, and (E) either (y) in the case where the Guaranty is in full force and effect prior to demolition Tenant has provided Landlord with a commercially reasonable completion bond for the project or such other assurance of performance as Landlord may reasonably accept, or his designee (z) prior to demolition the Tenant deposits with Landlord cash (the "Deposit") sufficient to construct the building and improvement pursuant to the approved budget, with the Deposit being disbursed pursuant to the Landlord's then current construction disbursement procedures; (ii) without Landlord's consent, if such Alteration is performed in order to comply with any City or of Tenant's agreements with Franchisor and such Alteration does not adversely affect any structural component of the Building, and (iii) in the case of any Alteration other governmental authorizations and approvals that may be necessary. than those permitted under clause (fii) Licensee above, with Landlord's prior consent, which consent shall not install and/or maintain be unreasonably withheld provided that such Alteration does not (A) diminish the value of the Premises (including, by way of example only, but without limitation, by diminishing the utility of the Improvements for use as a restaurant or diminishing the useful life of the Improvements, except to a de minimis extent, or (B) adversely affect any temporary storage structural component of the Building. Every Alteration shall be made in accordance with all applicable laws, legal requirements and the Permitted Encumbrances. If Tenant shall submit a request to Landlord for Landlord's approval of an Alteration which requires Landlord's approval, Landlord shall (x) approve such Alteration proposed by Tenant within twenty-one (21) days of receiving Tenant's proposal and request for approval or other ancillary structures (y) disapprove Tenant's proposal in writing with a detailed explanation of its objections within twenty-one (21) days of receiving Tenant's proposal and request for approval. If Tenant submits a proposal to Landlord and Landlord disapproves such proposal within the twenty-one (21) day time period, Tenant may submit another proposal with modifications thereto made in response to Landlord's objections and Landlord shall so approve or staging areas without disapprove same within seven (7) days after submission of such modified proposal. If Landlord does not approve or disapprove any proposal or modified proposal in writing with a Parks permitdetailed explanation of its objections within the applicable seven (7) or twenty-one (21) day period, Tenant may submit to Landlord a reminder notice, which shall state that Landlord's failure to disapprove the applicable proposal within seven (7) days after receipt of such reminder notice shall be deemed to constitute Landlord's approval thereof. If Landlord does not disapprove such proposal or modified proposal in writing with a detailed explanation of Landlord's objections to Tenant's modifications within seven (7) days after receipt of Tenant's reminder notice, Landlord shall be deemed to have approved the Alterations proposed by Tenant.

Appears in 2 contracts

Sources: Lease Agreement (Aei Income & Growth Fund 24 LLC), Lease Agreement (AEI Income & Growth Fund 26 LLC)

Alterations. 6.1 Licensee Tenant shall not make no Alterations any alterations, additions or improvements to the Leased Premises or other related areas herein without the CommissionerLandlord’s prior written approvalconsent, and all alterations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture put in at the expense of the Tenant, shall be the property of the Landlord and shall, at the sole option of the Landlord, remain upon and be surrendered with the Leased Premises at the termination of this Lease, without molestation or injury, or at Landlord’s request, and at Tenant’s sole expense, the Leased Premises shall be restored to its original condition. Licensee may perform Alterations Tenant shall only use contractors, which have been approved in writing by Landlord for any permitted alterations to Licensed Premises only the Leased Premises, and shall not permit any mechanic’s liens to be placed or remain upon the Leased Premises, the Building or the Property and shall discharge same immediately in accordance with Paragraph 6(B). Tenant will not overload the requirements electrical wiring and will not install any additional electrical wiring, computer cables or plumbing unless it has first obtained Landlord’s written consent thereto, and if such consent is given, Tenant will install same at its own cost and expense and will thereafter be responsible for maintaining it at Tenant’s sole cost and expense. Before commencing any improvements or alteration work in the Leased Premises, Tenant shall require all contractors of this Article 6 Tenant performing such work in the Leased Premises to carry and Article 8. Upon Parks’ approval of maintain, at no expense to Landlord, any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property all of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty following insurance policies as determined by Landlord written by companies acceptable to Landlord: (30i) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approvalcommercial general liability insurance, which shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreements, name Tenant and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a)Landlord as additional insureds, in a good such amounts as required by Landlord and workmanlike manner, with any endorsements that Landlord requires; (ii) workers’ compensation insurance in such amounts required by law and within a reasonable time. covering all persons employed by said contractor and engaged in the work; (ciii) Notify the Commissioner of the completion of [if applicable] comprehensive automobile liability insurance in such amounts as required by Landlord; and the date of final payment for (iv) insurance against such Alteration(s) within ten (10) days after the later to occur of said completion other perils or final payment. (d) Licensee shall comply with existing City legal risks and Parks’ procedures, in such amounts as Landlord may be amended from time to time during the Termestablish. Upon Landlord’s request, for review Tenant shall furnish to Landlord duplicate original counterparts of landscape redesign, renovation and rehabilitation projects in the Licensed Premisesany or all insurance policies required pursuant to Paragraph 11 herein above. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessary. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Commercial Lease Agreement (Zomedica Pharmaceuticals Corp.), Commercial Lease Agreement (Zomedica Pharmaceuticals Corp.)

Alterations. 6.1 Licensee The Tenant shall not change the Demised Premises or make no Alterations any additions, alterations, or improvements to the Demised Premises or other related areas herein without the Commissioner’s Landlord's prior written approvalconsent. Licensee may perform Alterations Any alterations, improvements or additions in or about the Demised Premises that Tenant shall desire to Licensed Premises only make shall be submitted to Landlord in written form, with proposed detailed plans. any alterations, improvements or additions proposed by Tenant shall be further subject to the following: (a) Tenant shall first obtain requisite permits including, but not limited to, a new Certificate of Occupancy, if necessary, and authorizations from governmental authorities having jurisdiction; (b) Obtain, if applicable, any fee mortgagee's or ground lessee's prior written consent; (c) Any alterations shall be made promptly (unavoidable delays excepted), in a workmanlike manner in accordance with any alteration plans and in compliance with applicable laws and governmental regulations; (d) The cost of the requirements of this Article 6 and Article 8. Upon Parks’ approval alterations shall be paid by Tenant so that the Demised Premises remains free of any Alterationsliens; (e) If requested by Landlord, Parks shall reasonably cooperate post with Licensee Landlord adequate security to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during assure restoration of the premises at the end of the Term; (f) Tenant shall maintain proper insurance as required by Landlord; (g) No change or alterations shall, when completed, tie in or connect the Demised Premises with any other building on adjoining property; (h) No permitted alteration shall be undertaken until detailed Plans and Specifications have first been submitted to and approved in writing by Landlord, and if required, by the fee mortgagee or ground lessee. Upon Parks’ approval The Tenant shall be responsible for paying any of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property Landlord's fees in reviewing the Plans and Specifications. At the completion of the City upon such Alteration’s substantial completionalteration or restoration, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks "as-built" plans shall be delivered to Landlord; (i) Any alteration made by Tenant under this Paragraph 10 hereof shall, within at Landlord's option, become Landlord's property, or, at the election of Landlord, shall be removed by the Tenant thirty (30) days of Final Completion prior to the termination of the construction of Term and the Demised Premises shall be restored to its condition prior to such Alteration, give Licensee an updated notice as alteration. The security deposited under Paragraph 10(e) hereof shall be returned to whether such Alteration shall become property the Tenant at the end of the City. 6.2 To alter the Licensed PremisesTerm if Landlord elects to have such improvement remain, Licensee must: (a) Obtain the Commissioner’s prior written approvalor, which shall not returned to Tenant after restoration by Tenant if Landlord directs that said alteration be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of the completion of removed and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final paymentDemised Premises restored. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessary. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Lease Agreement (Tellurian Inc /Nj/), Lease Agreement (Tellurian Inc /Nj/)

Alterations. 6.1 Licensee shall make no Alterations After completion of the Tenant’s Improvements pursuant to the terms of the Work Letter, Tenant shall not make any changes, additions, alterations, improvements or additions (collectively, “Alterations”) to the Leased Premises or other related areas herein attach or affix any articles thereto without the CommissionerLandlord’s prior written approvalconsent, which consent shall not be unreasonably withheld, conditioned or delayed, except for non-structural interior alterations that (i) do not exceed [***] in cost; (ii) are not visible from the outside of the Building; and (iii) do not alter or penetrate the floor slab or the roof membrane. Licensee Landlord may perform require Tenant to provide demolition and/or lien and completion bonds in form and amount satisfactory to Landlord. Tenant shall promptly remove any Tenant’s Alterations to Licensed Premises only constructed in accordance with the requirements violation of this Article 6 and Article 8Section 9 upon Landlord’s written request. Upon Parks’ Prior to making any Alteration that requires Landlord’s prior written consent, Tenant shall send Landlord a written notice, pursuant to the terms of Section 23 below, together with all plans for such Alterations reasonably required by Landlord, requesting Landlord’s approval of any Alterationssuch plans (each a “Tenant Alteration Request”). If Landlord fails to respond to Tenant’s Alteration Request within fifteen (15) business days after Landlord’s receipt of such Tenant Alteration Request, Parks then Landlord shall reasonably cooperate with Licensee be deemed to have agreed to permit Tenant to make such Alterations described in Tenant’s Alteration Request. All Alterations shall be done only by Landlord or contractors or mechanics reasonably approved by Landlord, and shall be subject to any facilities installed by Licensee pursuant all other terms and conditions described in this Section 9 and done at Tenant’s sole expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to this Article 6 file or Article 8 during which has been filed against the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Leased Premises, Licensee must: (a) Obtain the Commissioner’s prior written approvalBuilding or Common Areas arising out of work done for, which or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall not be unreasonably withheld discharged, bonded over, or delayed, for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) otherwise satisfied by Tenant within ten (10) calendar days after following the later earlier of the date Landlord receives (a) notice of intent to occur file a lien or (b) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within ten (10) calendar days following Tenant’s receipt of said completion a ▇▇▇▇ from Landlord. All Alterations, whether temporary or final payment. permanent in character, made by Landlord or Tenant in or upon the Leased Premises shall become Landlord’s property and shall remain upon the Leased Premises at the termination of this Lease by lapse of time or otherwise, without compensation to Tenant (d) Licensee excepting only the following defined “Tenant’s Property”: Tenant’s movable office furniture, machinery and tooling (regardless of whether attached to the Building), trade fixtures, office and professional equipment (regardless of whether attached to the Building), and any network-powered broadband, communication and/or coaxial cables installed by or for the benefit of Tenant, hereunder “cabling”). All of Tenant’s Property and, notwithstanding the foregoing, at Landlord’s election, any such other alteration, improvement, or addition made by Tenant which is designated for Tenant’s removal pursuant to a written notice thereof from Landlord shall, at Tenant’s sole cost be removed upon the termination of this Lease. Tenant shall comply with existing City also, at Tenant’s sole cost, repair any damage caused to the Leased Premises or the Building as a result of any such removal and Parks’ proceduresrestore the Leased Premises to its condition prior to the installation of Tenant’s Property or any other such other alteration, as may improvement or addition, reasonable wear and tear excepted. In the event Tenant fails to perform the repairs required hereunder, Landlord shall be amended entitled to perform the same and recover from time to time during Tenant all costs and expenses thereof, including attorney fees. In the Term, for review of landscape redesign, renovation and rehabilitation projects event that Landlord incurs any expenses in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissionerremoval of trash, or his designee and the cleaning of elevators, public corridors, or loading areas as a result of Tenant’s contractors’ work, then Tenant agrees it shall reimburse Landlord within ten (ii10) any City or other governmental authorizations and approvals that may be necessarycalendar days of the date of billing. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Lease Agreement (TGPX Holdings I LLC), Lease Agreement (Traeger, Inc.)

Alterations. 6.1 Licensee Tenant shall make no Alterations alterations, additions or improvements (collectively and individually, “Alterations”) to the Premises or other related areas herein (including the roof of the Building) without the Commissioner’s prior written approvalconsent of Landlord. Licensee In all cases, Tenant shall provide Landlord with written notice prior to performing any Alteration. Landlord’s consent may be granted or withheld by Landlord in its reasonable discretion. Landlord shall respond to Tenant’s request to make Alterations within thirty (30) days after receipt of such request, as long as the request includes reasonably detailed plans and specifications (as described below) and Landlord’s failure to object to any proposed Alterations within such time period shall be deemed approval of such Alterations. Tenant shall obtain all required permits for the Alterations and shall perform the Alterations in compliance with all Applicable Law. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Licensed Landlord. All Alterations affixed to the Premises only in accordance (excluding trade fixtures) shall become the property of Landlord and shall be surrendered with the requirements Premises at the end of this Article 6 and Article 8. Upon Parks’ the Term, unless Landlord notifies Tenant that such Alterations must be removed by written notice delivered to Tenant at the time that Landlord approves of such Alterations or, in the event Landlord’s approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shallrequired hereunder, within thirty (30) days following the date on which Tenant provides Landlord with written notice of Final Completion such Alterations. Landlord shall oversee all Alterations performed pursuant to this Section 7.3 by either Tenant or the Services Company, and Tenant shall pay Landlord as compensation for its efforts a non-refundable management fee in the amount of fifteen percent (15%) of the construction of cost and expense incurred by Tenant and/or Services Company in connection with such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) within no later than ten (10) days after the later to occur of said completion or final paymentwritten demand thereof. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessary. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Lease Agreement (Columbia Care Inc.), Lease Agreement (Columbia Care Inc.)

Alterations. 6.1 Licensee Tenant shall not make no Alterations any alterations, additions or improvements to the Premises or other related areas herein (collectively, the “Alterations”) without the Commissioner’s prior written approval. Licensee consent of Landlord, except for the installation of unattached, movable trade fixtures which may perform Alterations to Licensed be installed without drilling, cutting or otherwise defacing the Premises only in accordance with the requirements of this Article 6 and Article 8. Upon Parks’ which approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which shall not be unreasonably withheld withheld. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time Tenant requests Landlord’s consent to any Alterations if the desired Alterations: (i) may affect the Building’s Systems or delayed, for whatever designs, plans, specifications, Building’s Structure; (ii) are visible from outside the Premises; (iii) will require the filing of plans and specifications with any governmental or quasi-govermental agency or authority; (iv) will cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or work. in excess of Ten Dollars (b$10.00) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner per rentable square foot of the completion affected area; or (v) will require a building permit or similar governmental approval to undertake. Subsequent to obtaining Landlord’s consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by applicable Law and a copy of the date of final payment for such Alteration(s) executed construction contract(s). Tenant shall reimburse Landlord as Additional Rent within ten (10) days after the later rendition of a ▇▇▇▇ for all of Landlord’s reasonable actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside Consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Tenant’s plans and specifications and for the monitoring of construction of the Alterations provided in no event shall the aggregate of such fees exceed five percent (5%) of the amount of the construction contract. If Landlord consents to occur the making of said completion any Alteration, such Alteration shall be made by Tenant at Tenant’s sole cost and expense by a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may reasonably require. Without Landlord’s prior written consent, Tenant shall not use any portion of the Common Areas either within or final payment. (d) Licensee shall without the Project or Complex, as applicable, in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations and/or improvements to other portions of the Project or Complex, as applicable, in order to comply with existing City any applicable Laws, then Tenant shall reimburse Landlord upon demand for all costs and Parks’ proceduresexpenses incurred by Landlord in making such alterations and/or improvements. Any Alterations made by Tenant shall become the property of Landlord upon installation and shall remain on and be surrendered with the Premises upon the expiration or sooner termination of this Lease or Tenant’s right to possession of the Premises, unless Landlord requires the removal of such Alterations by notifying Tenant of such requirement at the time Tenant requests Landlord’s consent to such Alterations, or if no consent is required, when Tenant notifies Landlord of its plans for such Alterations. If Landlord requires the removal of such Alterations, Tenant shall at its sole cost and expense, forthwith and with all due diligence (but in any event not later than ten (10) business days after the expiration or earlier termination of this Lease or Tenant’s right to possession of the Premises) remove all or any portion of any Alterations made by Tenant which are designated by Landlord to be removed (including without limitation stairs, bank vaults, and cabling, if applicable) and repair and restore the Premises in a good and workmanlike manner to their original condition, reasonable wear and tear excepted. All construction work doně by Tenant within the Premises shall be performed in a good and workmanlike manner with new materials of first-class quality, lien-free and in compliance with all Laws, and in such manner as to cause a minimum of interference with other construction in progress and with the transaction of business in the Project or Complex, as may applicable. Tenant agrees to indemnify, defend and hold Landlord harmless against any loss, liability or damage resulting from such work. The foregoing indemnity shall survive the expiration or earlier termination of this Lease. Landlord’s consent to or approval of any Alterations (or the plans therefor) shall not constitute a representation or warranty by Landlord, nor Landlord’s acceptance, that the same comply with sound architectural and/or engineering practices or with all applicable Laws, and Tenant shall be amended from time to time during the Termsolely responsible for ensuring all such compliance. All voice, for review of landscape redesigndata, renovation video, audio and rehabilitation projects other low voltage control transport system cabling and/or cable bundles installed in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken Building by Licensee, Tenant or its board members, officers, agents, employees, volunteers or contractors contractor shall be at no cost to Parks (other than any agreed contribution from A) plenum rated and/or have a composition makeup suited for its environmental use in accordance with NFPA 70/National Electrical Code; (B) labeled every 3 meters with the CityTenant’s name and origination and destination points; (C) installed in accordance with all EIA/TIA standards and the National Electric Code; (D) installed and routed in accordance with a routing plan showing “as built” or “as installed” configurations of cable pathways, outlet identification numbers, locations of all wall, ceiling and floor penetrations, riser cable routing and conduit routing (if applicable), and contributions from such other public or private sector partners or donors) information as Landlord may reasonably request. The routing plan shall be available to Landlord and such work shall not commence until its agents at the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessaryBuilding upon request. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Office Lease Agreement (Dermavant Sciences LTD), Office Lease Agreement (Dermavant Sciences LTD)

Alterations. 6.1 Licensee Except for the initial Tenant Improvements and Non-Material Alterations (as defined below), Tenant shall not make no Alterations alterations in or to the Leased Premises unless and until Landlord has approved the plans therefor and the general contractor that will be engaged by Tenant to perform such alterations. Landlord shall notify Tenant of its approval or disapproval of Tenant’s alterations within ten (10) business days after notice from Tenant specifying the proposed alteration and delivery of plans and specifications detailing same. Landlord shall not unreasonably withhold, delay, or condition approval for any alterations, additions, or improvements in or to the Leased Premises or other related areas herein without Building. As a condition of such approval (and at the Commissionertime of such approval), Landlord may require Tenant to remove the alterations and restore the Leased Premises upon termination of this Lease; otherwise, all such alterations shall at Landlord’s prior written option become a part of the realty and the property of Landlord at the expiration or earlier termination of this Lease, and shall not be removed by Tenant. For purposes of clarification, Tenant will not be required to remove (i) the initial Tenant Improvements, (ii) alterations for which Landlord did not notify Tenant of the removal requirement at the time of Landlord’s approval, and (iii) any Alterations for which Landlord gives a removal notice less than thirty (30) days before the termination of this Lease. Licensee may perform Alterations to Licensed Premises only Tenant shall ensure that all alterations shall be made in accordance with all Applicable Laws in a good and workmanlike manner and of quality equal to or better than the requirements original construction of this Article 6 and Article 8. Upon Parks’ the Building; provided Landlord’s approval of any Alterations, Parks such plans shall reasonably cooperate not be deemed a representation by Landlord that same comply with Licensee to make such Alterations Applicable Laws. No person shall be entitled to any facilities installed by Licensee pursuant lien derived through or under Tenant for any labor or material furnished to the Leased Premises, and nothing in this Article 6 or Article 8 during Lease shall be construed to constitute Landlord’s consent to the Term. Upon Parks’ approval creation of any Alterationslien. If any lien is filed against the Leased Premises for work claimed to have been done for or materials claimed to have been furnished to Tenant, Parks Tenant shall give notice cause such lien to Licensee whether such Alteration shall become property be discharged of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, record or bonded against within thirty (30) days of Final Completion of after filing. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys’ fees in connection with any construction or alteration and any related lien. Notwithstanding the construction of such Alterationforegoing, Tenant shall be required to give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approvalnotice to Landlord, which but Tenant shall not be unreasonably withheld or delayedrequired to obtain Landlord’s consent, for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain alterations to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Leased Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion totaling less than $250,000.00 individually or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects $750,000.00 in the Licensed Premises. aggregate over any twenty-four (e24) All Alterations to the Licensed Premises undertaken by Licenseemonth period, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and provided such work shall not commence until the Licensee obtains prior written approval from alterations (i) the Commissionerare non- structural in nature, or his designee and (ii) do not materially affect any City of the Building systems (including, without limitation, the heating and air conditioning and plumbing systems), and (iii) do not affect the exterior or other governmental authorizations and approvals that may be necessary. aesthetics of the Building (f) Licensee the foregoing being “Non-Material Alterations”). Tenant shall not install and/or maintain be required to obtain Landlord’s prior approval, to use a specific contractor, or to furnish performance bonds or completion guaranties for Non-Material Alterations; provided, Landlord reserves the right to require that Tenant remove any temporary storage Non-Material Alterations upon the expiration or other ancillary structures or staging areas without a Parks permitearlier termination of this Lease and restore any resulting damage to the Building, upon written notice to Tenant at least one hundred eighty (180) days prior to the end of the Lease Term.

Appears in 2 contracts

Sources: Lease Agreement (Grail, Inc.), Lease Agreement (Grail, Inc.)

Alterations. 6.1 Licensee Other than the construction of the Project, which shall make no Alterations be governed by the provisions of Article III hereof, Borrowers shall obtain Lender’s prior consent to any material alterations to any Improvements, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Lender’s consent shall not be required in connection with any alterations that will not have a material adverse effect on any Borrower’s financial condition, the value of the applicable Property or the Net Operating Income, provided that such alterations (a) are made in connection with tenant improvement work performed pursuant to the Premises terms of any Lease, (b) do not materially adversely affect any structural component of any Improvements, any utility or other related areas herein without HVAC system contained in any Improvements or the Commissioner’s prior written approval. Licensee may perform Alterations to Licensed Premises only exterior of any building constituting a part of any Improvements and the aggregate cost thereof does not exceed the Alteration Threshold Amount, or (c) are performed in connection with the Restoration of a Property after the occurrence of a Casualty or Condemnation in accordance with the requirements terms and provisions of this Article 6 and Article 8Agreement. Upon Parks’ To the extent Lender’s prior written approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee is required pursuant to this Article 6 Section 5.1.22, Lender shall have fifteen (15) Business Days from receipt of written request and any and all reasonably required information and documentation relating thereto in which to approve or Article 8 disapprove such request and such written request shall state thereon in bold letters of 14 point font or larger that action is required by Lender. If Lender fails to approve or disapprove the request within such fifteen (15) Business Days, Lender’s approval shall be deemed given. Should Lender fail to approve any such request, Lender shall give Borrowers written notice setting forth in reasonable detail the basis for such disapproval. In no event shall Lender require any “consent fee” as a condition to any required approval. If the total unpaid amounts due and payable with respect to alterations to the Improvements at any Property (other than such amounts to be paid or reimbursed by tenants under the Leases) shall at any time exceed the Alteration Threshold Amount, Borrowers shall promptly deliver to Lender as security for the payment of such amounts and as additional security for Borrowers’ obligations under the Loan Documents any of the following: (A) cash, (B) U.S. Obligations, (C) other securities having a rating acceptable to Lender and that the applicable Rating Agencies have confirmed in writing will not, in and of itself, result in a downgrade, withdrawal or qualification of the then current ratings assigned to any Securities or any class thereof in connection with any Securitization, (D) a Letter of Credit, or (E) a completion and performance bond issued by an Approved Bank. Such security shall be in an amount equal to the excess of the total unpaid amounts with respect to alterations to the Improvements on the applicable Property (other than such amounts to be paid or reimbursed by tenants under the Leases) over the Alteration Threshold Amount and during the Term. Upon Parks’ approval continuance of any Alterationsan Event of Default, Parks shall give notice to Licensee whether Lender may apply such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended security from time to time during at the Term, option of Lender to pay for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premisessuch alterations. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessary. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Loan Agreement (Morgans Hotel Group Co.), Loan Agreement (Hard Rock Hotel Holdings, LLC)

Alterations. 6.1 Licensee (a) Tenant shall make no not make, or permit to be made, any alterations, additions or improvements (“Alterations”) to the Premises, or any part thereof, without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an Alteration to the Premises. Any Alterations to the Premises or other related areas herein without the Commissionershall be at Tenant’s prior written approval. Licensee may perform Alterations to Licensed Premises only sole cost and expense, in compliance with all Applicable Laws, and in accordance with the requirements of this Article 6 plans and Article 8specifications submitted in writing to Landlord and approved in writing. Upon Parks’ approval of Tenant agrees not to proceed to make any Alterations, Parks shall reasonably cooperate with Licensee notwithstanding consent from Landlord to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterationsdo so, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) within until ten (10) days after the later to occur Tenant’s receipt of said completion or final paymentsuch written consent. (db) Licensee All Alterations, including, but not limited to, heating, lighting, electrical, air conditioning, fire extinguishers, lighting fixtures, ballasts, light globes, and tubes, hot water heaters, fixed partitioning, drapery, wall covering and paneling, built-in cabinet work and carpeting installations made by Tenant, together with all property that has become an integral part of the Building, shall comply at once be and become the property of Landlord, and shall not be deemed trade fixtures, but are subject to removal as provided herein. (c) Tenant shall not be required to remove the Tenant Improvements from the Premises at the expiration or sooner termination of this Lease, nor shall Tenant shall be required to remove any Alterations from the Premises at the expiration or sooner termination of this Lease unless, with existing City and Parks’ proceduresrespect to any such Alterations, as may (i) Landlord notified Tenant in writing at the time of Landlord’s consent to any such Alterations that Tenant would be amended required to remove such Alterations from time to time during the Premises at the expiration of the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. or (eii) All Tenant made such Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains without Landlord’s prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessaryconsent where such consent is required. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Lease Agreement (Aerohive Networks, Inc), Lease Agreement (Aerohive Networks, Inc)

Alterations. 6.1 Licensee Tenant shall not make no Alterations any alterations, additions or improvements to the Premises or other related areas herein (collectively, the “Alterations”) without the Commissioner’s prior written approval. Licensee may perform Alterations to Licensed Premises only in accordance with the requirements consent of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty Landlord (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which consent shall not be unreasonably withheld or delayed), except for whatever designs(a) the installation of unattached, plansmovable trade fixtures which may be installed without drilling, specifications, cost estimates, agreements, cutting or otherwise defacing the Premises and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure Alterations that work performed are cosmetic in nature and do not affect the Building’s Structure or any Building’s System, do not require permits, and are anticipated to cost less than $25,000 (“Permitted Alterations”). Tenant shall furnish complete plans and specifications to Landlord for its approval at the time Tenant requests Landlord’s consent to any Alterations. Subsequent to obtaining Landlord’s consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by applicable Law and a copy of the executed construction contract(s). Tenant shall give written notice to Landlord at least ten (10) Business Days prior to beginning any construction, and Landlord may post on and about the Premises or the Project notices of non-responsibility pursuant to applicable Laws. Tenant shall reimburse Landlord within thirty (30) days after the rendition of a ▇▇▇▇ for all of Landlord’s actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting and construction fees incurred by or on behalf of Landlord for the review and approval of Tenant’s plans and specifications and for the monitoring of construction of the Alterations not to exceed three percent (3%) of the hard costs of such Alterations. If Landlord consents to the making of any Alteration, such Alteration shall be made by Tenant at Tenant’s sole cost and expense by a contractor reasonably approved in writing by Landlord. Without Landlord’s prior written consent, Tenant shall not use any portion of the Common Areas in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations and/or improvements to other portions of the Project in order to comply with any applicable Laws, then Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in making such alterations and/or improvements. Any Alterations made by Tenant shall become the property of Landlord upon installation and shall remain on and be surrendered with the Licensed Premises upon the expiration or sooner termination of this Lease, unless Landlord requires the removal of such Alterations. Notwithstanding the foregoing, upon Tenant’s written request at the time it seeks Landlord’s consent to an Alteration, Landlord agrees to indicate in writing whether it will require such Alteration to be removed upon the expiration or earlier termination of the Lease. If Landlord requires the removal of such Alterations, Tenant shall at its sole cost and expense, prior to the Expiration Date or the last day of the Renewal Term (as defined in Exhibit G), as the case may be, or earlier termination of this Lease, remove all or any portion of any Alterations made by Tenant which are undertaken designated by Landlord to be removed and completed repair and restore the Premises in a good and workmanlike manner to their original condition, reasonable wear and tear excepted (collectively, the “Removal and Restoration Work”); provided, however, at Landlord’s election, in lieu of having Tenant perform the Removal and Restoration Work, Tenant shall pay Landlord, within five (5) days following Landlord’s demand, an amount equal to the actual out-of-pocket cost of performing the Removal and Restoration Work, and Landlord shall have the right (but not the obligation) to perform such work on Tenant’s behalf. All construction work done by Tenant within the Premises shall be performed in accordance with submissions approved pursuant to Section 6.2(a)all Laws, in a good and workmanlike mannermanner with new materials of first-class quality, lien-free, and within in such manner as to cause a reasonable time. (c) Notify minimum of interference with the Commissioner transaction of business at the Project. All work which may affect the Building’s Structure or the Building’s Systems, at Landlord’s election, must be performed by Landlord’s usual contractor for such work. All work affecting the roof of the completion Project must be performed by Landlord’s roofing contractor and no such work will be permitted if it would void or reduce the warranty on the roof. In all events, Tenant shall be required to use union labor in connection with any initial improvements and all Alterations. Tenant agrees to indemnify, defend and hold Landlord, its Affiliates, Harvest Properties, Inc. (“Harvest”), Cerberus Real Estate Capital Management, LLC, a Delaware limited liability company (“Cerberus”), and Landlord’s Property Manager, and their respective officers, directors, partners, members, shareholders, employees and agents (collectively, the “Indemnitees”) harmless against any loss, liability or damage resulting from such work performed by or at the request of Tenant (except for the Work), and Tenant shall, if requested by Landlord, furnish a bond or other security satisfactory to Landlord against any such loss, liability or damage. The foregoing indemnity shall survive the date expiration or earlier termination of final payment for such Alteration(sthis Lease. Landlord’s consent to or approval of any Alterations (or the plans therefor) within ten (10) days after shall not constitute a representation or warranty by Landlord, nor Landlord’s acceptance, that the later to occur of said completion or final payment. (d) Licensee shall same comply with existing City sound architectural and/or engineering practices or with all applicable Laws, and Parks’ proceduresTenant shall be solely responsible for ensuring all such compliance. All voice, as may be amended from time to time during the Termdata, for review of landscape redesignvideo, renovation audio and rehabilitation projects other low voltage control transport system cabling and/or cable bundles installed in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken Building by Licensee, Tenant or its board members, officers, agents, employees, volunteers or contractors contractor shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and plenum rated and/or have a composition make-up suited for its environmental use in accordance with NFPA 70/National Electrical Code; (ii) any City labeled every 3 meters with Tenant’s name and origination and destination points; (iii) installed in accordance with all EIA/TIA standards and the National Electric Code; and (iv) installed and routed in accordance with a routing plan showing “as built” or “as installed” configurations of cable pathways, outlet identification numbers, locations of all wall, ceiling and floor penetrations, riser cable routing and conduit routing (if applicable), and such other governmental authorizations information as Landlord may reasonably request. The routing plan shall be available to Landlord and approvals that may be necessaryits agents at the Project upon request. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Office Lease Agreement (Spruce Biosciences, Inc.), Office Lease Agreement (Spruce Biosciences, Inc.)

Alterations. 6.1 Licensee Tenant shall not make no Alterations any alteration, addition or ----------- improvement in, to or upon the Premises or other related areas herein ("Alteration") without the Commissioner’s prior written approval. Licensee may perform consent of Landlord in each instance, which consent shall not be unreasonably withheld with respect to proposed Alterations to Licensed Premises only which (i) are not structural in accordance nature, (ii) do not affect the Base Building Components, (iii) are, in Landlord's opinion, compatible with the requirements Building and the balance of this Article 6 the Real Property and Article 8. Upon Parks’ approval the Building's mechanical, plumbing, electrical, heating/ventilation/air conditioning, communication, security and fire and other life safety systems (collectively, the "Building Systems"), and (iv) in Landlord's opinion will not interfere with the use and occupancy of any Alterations, Parks other portion of the Building or the Real Property by any other tenant or permitted occupant thereof. Tenant shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval give Landlord not less than ten (10) days' prior written notice of any AlterationsAlteration Tenant desires to make. Any Alterations as to which Landlord shall consent shall be made only by contractors approved in advance, Parks in writing by Landlord, which approval shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, not be unreasonably withheld; provided, however, that if Landlord may, in its sole discretion, specify the engineers and contractors to perform any work relating to or affecting the Building Systems or the Base Building Components. Tenant shall comply with all Legal Requirements applicable to each Alteration and shall deliver to Landlord a complete set of "as built" plans and specifications for each Alteration. Any work to the balance of the Building or Real Property related to or affected or triggered by Tenant's Alterations shall be performed by Tenant at Tenant's expense (or, at Landlord's election, Landlord may perform such work at Tenant's expense). Tenant shall be solely responsible for maintenance and repair of all Alterations made by Tenant. Tenant shall pay Landlord on demand (whether prior to or during the course of construction) an amount (the "Alteration is Fee") equal to five percent (5%) of the total cost of each Alteration (and for purposes of calculating the Alteration Fee, such cost shall include architectural and engineering fees, but shall not constructed include permit fees) as compensation to Landlord for miscellaneous costs incurred by Landlord in connection with the Alteration. In addition, ▇▇▇▇▇▇ shall reimburse Landlord for all third party fees paid by Landlord in connection with reviewing the proposed Alterations (whether or not the proposed Alterations are ultimately approved by Landlord or made by ▇▇▇▇▇▇), including, without limitation, ▇▇▇▇▇▇▇▇'s architectural and engineering fees. All Alterations shall be performed diligently and in a first-class workmanlike manner and in accordance with the plans and specifications approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreementsby Landlord, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City Landlord's construction procedures and Parks’ procedures, as may be amended from time requirements for the Building (including Landlord's reasonable requirements relating to time during insurance and contractor qualifications and scheduling of the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premiseswork). (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessary. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Net Lease (Avantgo Inc), Net Lease (Avantgo Inc)

Alterations. 6.1 Licensee Tenant shall not make no Alterations any alterations, additions, or improvements to the Leased Premises or other related areas herein without the CommissionerLandlord’s prior written approvalconsent. Licensee may perform Alterations to Licensed Premises only Tenant shall promptly remove any alterations, additions, or improvements constructed in accordance with the requirements violation of this Article 6 and Article 8paragraph upon Landlord’s written request. Upon Parks’ approval of any AlterationsAll approved alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreementsadditions, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), improvements will be accomplished in a good and workmanlike manner, in conformity with all applicable laws and within regulations, and by a reasonable time. contractor approved by Landlord. Tenant shall apply for and obtain all requisite approvals, consents or permits for such work, at Tenant’s sole cost and expense. Landlord may require Tenant to remove any alterations, additions or improvements (cwhether or not made with Landlord’s consent) Notify at the Commissioner termination of this Lease and to restore the Premises to its prior condition, all at Tenant’s expense. All alterations, additions and improvements which Landlord has not required Tenant to remove shall become Landlord’s property and shall be surrendered to Landlord upon the termination of this Lease, except that Tenant may remove any of Tenant’s furniture and equipment which can be removed without material damage to the Leased Premises. Tenant shall repair, at Tenant’s expense, any damage to the Leased Premises caused by the removal of any such furniture or equipment. Tenant shall keep the property free from any and all liens arising out of the completion work performed or materials furnished in making improvements to the Leased Premises, and if a lien shall be filed will post a bond or otherwise cause same to be removed within five (5) days of notice thereof. Tenant shall not have the right to encumber the Leased Premises, including any covenants and restrictions or liens of any kind whatsoever. Tenant shall strictly comply with the Construction Lien Law of the State of Florida. Tenant agrees to obtain and deliver to Landlord prior to the commencement of any work or alteration or the delivery of any materials, a written and unconditional waiver of contractors’ liens with respect to the Leased Premises, the Building and the date parcel for all work, service or materials to be furnished at the request or for the benefit of final payment for such Alteration(s) within ten (10) days after Tenant to the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessary. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Office Lease Agreement (Sensus Healthcare, Inc.), Office Lease Agreement (Sensus Healthcare, LLC)

Alterations. 6.1 Licensee Tenant shall be permitted to make, at its sole cost and expense, non-structural alterations and additions to the interior of the Premises without obtaining Landlord’s prior written consent, provided said alterations are not part of Tenant’s Wi-Fi Network (defined hereinbelow), do not affect the Building systems and the cost of such alterations does not exceed Fifty Thousand Dollars ($50,000) each job and One Hundred Thousand Dollars ($100,000) cumulatively each calendar year (the “Permitted Improvements”). Tenant, however, shall first notify Landlord of such Permitted Improvements so that Landlord may post a Notice of Non-Responsibility on the Premises. Except for the Permitted Improvements, Tenant shall neither install any signs, fixtures, or improvements, nor make no Alterations or permit any other alterations or additions (individually, an “Alteration”, and collectively, “Alterations”) to the Premises or other related areas herein without the Commissioner’s prior written approval. Licensee may perform Alterations to Licensed Premises only in accordance with the requirements consent of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approvalLandlord, which consent shall not be unreasonably withheld so long as any such Alteration does not affect the Building systems, structural integrity or delayedstructural components of the Premises or Building. If any such Alteration is expressly permitted by Landlord, for whatever designsTenant shall deliver at least ten (10) days prior written notice to Landlord, plansfrom the date Tenant commences construction, specifications, sufficient to enable Landlord to post and record a Notice of Non-Responsibility. Tenant shall obtain all permits or other governmental approvals prior to commencing any work and deliver a copy of same to Landlord. All Alterations shall be (i) at Tenant’s sole cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed expense in accordance with submissions plans and specifications which have been previously submitted to and approved pursuant to Section 6.2(a)in writing by Landlord, and shall be installed by a licensed, insured (and bonded, at Landlord’s option) contractor (reasonably approved by Landlord) in compliance with all applicable Laws, Development Documents, Recorded Matters, and Rules and Regulations and (ii) performed in a good and workmanlike manner, manner and within a reasonable time. (c) Notify the Commissioner so as not to obstruct access to any portion of the completion Project or any business of and Landlord or any other tenant. Landlord’s approval of any plans, specifications or working drawings for Tenant’s Alterations shall neither create nor impose any responsibility or liability on the date part of final payment Landlord for such Alteration(s) their completeness, design sufficiency, or compliance with any Laws. As Additional Rent, Tenant shall reimburse Landlord, within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Termdemand, for review actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with Tenant’s Alterations, plus Tenant shall pay to Landlord a fee equal to five percent (5%) of landscape redesignthe total cost of the Alterations. If Tenant makes any Alterations, renovation Tenant shall carry “Builder’s All Risk” insurance, in an amount approved by Landlord and rehabilitation projects in the Licensed Premises. (e) such other insurance as Landlord may require. All such Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost insured by Tenant in accordance with Section 12 of this Lease immediately upon completion. Tenant shall keep the Premises and the Lot on which the Premises are situated free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to Parks commencing any Alterations, (other than any agreed contribution from the Citya) cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord, and contributions (b) provide such assurances to Landlord, including without limitation, waivers of lien, surety company performance bonds (for projects estimated to cost in excess of $150,000) as Landlord shall require to assure payment of the costs thereof to protect Landlord and the Project from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioneragainst any mechanic’s, or his designee and (ii) any City materialmen’s or other governmental authorizations and approvals that may be necessaryliens. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Lease Agreement (GigOptix, Inc.), Lease Agreement (Endwave Corp)

Alterations. 6.1 Licensee Tenant shall not make no Alterations alterations, repairs, additions or improvements or install any Cable in or to the Premises or other related areas herein (collectively referred to as “Alterations”) without first obtaining the Commissioner’s prior written approval. Licensee may perform Alterations to Licensed Premises only consent of Landlord in accordance with the requirements of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approvaleach instance, which consent shall not be unreasonably withheld or delayed, provided that (1) the outside appearance or the strength of the Building shall not be affected; and (2) the structural parts of the Building and the proper functioning of the Building shall not be adversely affected. However, Landlord’s consent shall not be required for whatever designsany Alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (a) is of a cosmetic nature such as painting, planswallpapering, specifications, cost estimates, agreements, hanging pictures and contractual understandings may pertain to contemplated purchases and/or work. installing carpeting; (b) Ensure that work is not visible from the exterior of the Premises or Building; (c) will not affect the structure of the Building or require a building permit; and (d) the cost of such Alterations (or a related series of Alterations) does not exceed $25,000.00. Cosmetic Alterations shall be subject to all the other provisions of this Section 9.03. All non-Cosmetic Alterations, including, without limitation, the Initial Alterations, shall be performed by a licensed General Contractor approved by Landlord in its sole discretion, each charging commercially competitive rates, provided, however, Landlord may designate specific contractors with respect to specific structural items. Prior to starting any non-Cosmetic Alterations, including, without limitation, the Initial Alterations, Tenant shall furnish Landlord, for its approval, the proposed plans and specifications; names of proposed contractors and sub-contractors; required permits and approvals; evidence of contractor’s and subcontractor’s insurance (including workers’ compensation insurance) in amounts reasonably required by Landlord and naming Landlord as an additional insured; and any security for performance in amounts reasonably required by Landlord. Changes to the plans and specifications must also be submitted to Landlord for its approval. Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), shall be constructed in a good and workmanlike manner, in accordance with all applicable Laws and within using new materials of a reasonable time. (c) Notify the Commissioner quality reasonably approved by Landlord. Tenant shall reimburse Landlord for any sums paid by Landlord for third party examination of Tenant’s plans for Alterations. In addition, Tenant shall pay Landlord a fee for Landlord’s oversight and coordination of any non-Cosmetic Alterations equal to 10% of the completion cost of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final paymentnon-Cosmetic Alterations. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessary. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Commercial Lease Agreement, Commercial Lease Agreement (Video Display Corp)

Alterations. 6.1 Licensee Borrower shall make no Alterations to the Premises or other related areas herein without the Commissionerobtain Lender’s prior written approval. Licensee may perform Alterations to Licensed Premises only in accordance with the requirements of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approvalconsent, which consent shall not be unreasonably withheld or delayed, for whatever designsto any alterations to the Improvements, plansthe cost of which is reasonably anticipated to exceed $3,500,000 (the “Threshold Amount”) or that will have a material adverse effect on Borrower’s financial condition, specificationsthe use, cost estimatesoperation or value of the Property or the Net Operating Income with respect to the Property, agreementsother than (a) tenant improvement work performed pursuant to the terms of any Existing Lease, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that tenant improvement work performed pursuant to the terms and Alterations made on provisions of a Lease executed after the Licensed Premises are undertaken date hereof and completed not adversely affecting any structural component of any Improvements, any utility or HVAC system contained in any Improvements or the exterior of any building constituting a part of any Improvements (it being understood that the foregoing provision shall not require Lender’s consent to tenants’ exterior signage pursuant to any Lease approved by Lender in accordance with submissions approved pursuant to Section 6.2(a), in a good the terms and workmanlike manner, and within a reasonable time. provisions of this Agreement) or (c) Notify alterations performed in connection with the Commissioner restoration of the completion Property after the occurrence of a Casualty or Condemnation in accordance with the terms and the date provisions of final payment this Agreement (“Excluded Costs”). If Lender fails to respond to a request for such Alteration(s) consent under this Section 5.4.2 within ten (10) days after Business Days of receipt thereof, such consent shall be deemed granted, provided that such request shall have been accompanied by all information reasonably requested by Lender or reasonably necessary for Lender to evaluate such request and shall have clearly stated, in 14 point type or greater, that if Lender fails to respond to such request within ten (10) Business Days, Lender’s consent shall be deemed to have been granted. If Lender refuses to grant such consent, Lender shall specify in writing the later reasons for such refusal. Any approval by Lender of the plans, specifications or working drawings for alterations of the Property shall not create responsibility or liability on behalf of Lender for their completeness, design, sufficiency or their compliance with applicable laws. Lender may condition any such approval upon receipt of a certificate of compliance with applicable laws from an independent architect, engineer, or other Person reasonably acceptable to occur of said completion or final payment. (d) Licensee shall comply Lender. If the total unpaid amounts due and payable with existing City and Parks’ procedures, as may be amended from time respect to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks Improvements (other than such amounts to be paid or reimbursed by tenants under the Leases or paid from accounts established hereunder or Excluded Costs) shall at any agreed contribution time exceed the Threshold Amount, Borrower shall promptly deliver to Lender as security for the payment of such amounts and as additional security for Borrower’s obligations under the Loan Documents any of the following: (1) cash, (2) U.S. Treasury securities, (3) other securities having a rating acceptable to Lender and with respect to which the applicable Rating Agencies have delivered a Rating Comfort Letter (if required pursuant to a Pooling and Servicing Agreement from and after the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioneroccurrence of a Securitization), or his designee and (ii4) any City a Letter of Credit. Such security shall be in an amount equal to the excess of the total unpaid amounts with respect to alterations to the Improvements (other than such amounts to be paid or other governmental authorizations and approvals that may be necessaryreimbursed by tenants under the Leases or from accounts established hereunder or Excluded Costs) over the Threshold Amount. Upon completion of the alterations to the satisfaction of Lender in its reasonable discretion Lender shall promptly return to Borrower such additional security. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)

Alterations. 6.1 Licensee Following the Commencement Date, Tenant shall not make no Alterations any changes, additions, alterations, improvements or additions to the Premises and Common Area or other related areas herein attach or affix any articles thereto without the CommissionerLandlord’s prior written approval. Licensee may perform Alterations to Licensed Premises only in accordance with the requirements of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approvalconsent, which shall not be unreasonably withheld withheld, conditioned or delayed. All alterations, for whatever designs, plans, specifications, cost estimates, agreementsimprovements, and contractual understandings may pertain additions to contemplated purchases and/or work. the Premises (bother than the Laboratory Premises) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed Common Area (as permitted by Landlord in accordance with submissions this Paragraph) shall be done only by Landlord or contractors or mechanics approved pursuant to Section 6.2(a), in a good and workmanlike mannerby Landlord, and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant or its contractors or mechanics (which shall be reasonably approved by Landlord), at Tenant’s sole cost and expense. Any mechanics or materialman’s lien for which Landlord has received a notice of intent to Parks file or which has been filed against the Premises and Common Area or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten days following the earlier of the date Landlord receives (other than 1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any agreed contribution from the Citysuch lien, Landlord may do so at Tenant’s expense, and contributions the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within 10 days following Tenant’s receipt of a ▇▇▇▇ from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the CommissionerLandlord. All alterations, improvements, or his designee and (ii) any City additions, whether temporary or other governmental authorizations and approvals that may be necessary. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.permanent in character, made

Appears in 2 contracts

Sources: Lease Agreement (Recursion Pharmaceuticals, Inc.), Lease Agreement (Recursion Pharmaceuticals, Inc.)

Alterations. 6.1 Licensee Tenant shall make no Alterations not make, or suffer to be made, any alterations, improvements or additions in, on, about or to the Premises or other related areas herein any part thereof (“Alterations”), without the Commissioner’s prior written approvalconsent of Landlord (not to be unreasonably withheld) and/or without a valid building permit issued by the appropriate governmental authority, where required. Licensee As a condition to giving such consent, Landlord may perform require that Tenant agree to remove any Specialty Alterations to Licensed Premises only in accordance with the requirements provisions of Section 5(a) of Addendum One. Unless Landlord requires that Tenant remove any such Specialty Alteration, any Alteration, except movable furniture and trade fixtures not affixed to the Premises, shall become the property of Landlord upon termination of the Lease and shall remain upon and be surrendered with the Premises at the termination of this Article 6 and Article 8Lease. Upon Parks’ approval Landlord will notify Tenant as to whether Landlord approves any proposed Alteration to be performed by Tenant within fifteen (15) days following Tenant’s submission to Landlord of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations Tenant’s request for consent to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration (including within such request, proposed plans and specifications, designation of architect and contractors, and other relevant information). If Landlord fails to notify Tenant of Landlord’s approval or disapproval within such fifteen (15) day period, Tenant shall have the right to provide Landlord with a second written request for approval (a “Second Request”) that specifically identifies the applicable Plans and contains the following statement in bold and capital letters: “THIS IS A SECOND REQUEST FOR APPROVAL OF PLANS PURSUANT TO THE PROVISIONS OF SECTION 13 OF THE LEASE. IF LANDLORD FAILS TO RESPOND WITHIN FIFTEEN (15) DAYS AFTER RECEIPT OF THIS NOTICE, THEN LANDLORD SHALL BE DEEMED TO HAVE APPROVED THE ALTERATIONS DESCRIBED HEREIN.” If Landlord fails to respond to such Second Request within fifteen (15) calendar days after receipt by Landlord, the plans in question shall be deemed approved by Landlord. Without limiting the generality of the foregoing, all heating, lighting, electrical (including all wiring, conduit, outlets, drops, ▇▇▇▇ ducts, main and sub-panels), telephone/components, air conditioning, partitioning, drapery, and carpet installations made by Tenant, regardless of how affixed to the Premises, together with all other Alterations that have become an integral part of the Building, shall be and become the property of the City Landlord upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion termination of the construction of such AlterationLease, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which and shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreementsdeemed trade fixtures, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed shall remain upon and Alterations made on be surrendered with the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a)at the termination of this Lease. If, in during the Term hereof, any Alteration is required by law, regulation, ordinance or order of any public agency as a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner result of Tenant’s use of the completion of Premises for purposes other than office use, Tenant shall promptly make the same at its sole cost and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time expense. If during the Term, for review of landscape redesignany alteration, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations addition, or change to the Licensed Premises undertaken Common Area is Required by Licenseelaw, its board membersregulation, officersordinance or order of any public agency, agentsLandlord shall make the same and the cost of such alteration, employees, volunteers addition or contractors change shall be at no a Common Area Charge and Tenant shall pay Tenant’s Pro Rata Share of said cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessaryLandlord as provided in Paragraph 12 above. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Triple Net Building Lease Agreement (Sumo Logic, Inc.), Triple Net Building Lease Agreement (Sumo Logic, Inc.)

Alterations. 6.1 Licensee Subtenant shall make no Alterations to alterations, installations, additions or improvements (collectively, “Alterations”) in or about the Sublease Premises or other related areas herein without the Commissioner’s prior written approval. Licensee may perform Alterations to Licensed Premises only consent of Sublandlord in accordance with the requirements of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approvaleach instance, which consent shall not be unreasonably withheld or delayedprovided that the prior written consent of the Prime Landlord is obtained (to the extent the consent of the Prime Landlord is required pursuant to the Prime Lease). Notwitthstanding the foregoing, for whatever designsSubtenant shall have the right to perform Alterations to the Equipment without obtaining the consent of Sublandlord, plansprovided however, specificationsthat Subtenant shall obtain the prior consent of the Prime Landlord, to the extent that the Prime Landlord’s consent is required pursuant to the terms of the Prime Lease. Any Alterations consented to by Sublandlord shall be performed by Subtenant at its sole cost estimatesand expense and in compliance with all of the provisions of the Prime Lease, agreementsincluding the provisions requiring the Prime Landlord’s prior written consent, and contractual understandings may pertain also in compliance with such other reasonable requirements of Sublandlord and Prime Landlord. Subtenant shall pay to contemplated purchases Sublandlord any and all amounts payable to Prime Landlord in connection with Prime Landlord’s review and/or work. inspection of (a) any plans and/or specifications relating to any proposed Alterations, and (b) Ensure any Alterations during and subsequent to the making thereof. Subtenant acknowledges that work performed and any such Alterations made on may become the Licensed Premises are undertaken and completed property of the Prime Landlord in accordance with submissions approved pursuant Section 9.02 of the Prime Lease. If Sublandlord determines that the services of architects, engineers or other professionals are reasonably required in order to Section 6.2(areview Subtenant’s plans for any Alterations, and the performance of any inspections of such Alterations (during and subsequent to the making thereof), in a good the fees and workmanlike manner, expenses of such professionals shall be deemed Additional Rent and within a reasonable time. paid promptly by Subtenant upon being billed therefor. Prior to the expiration (cor any sooner termination) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review if removal is required by either the Sublandlord or the Prime Landlord in accordance with Section 9.02 of landscape redesignthe Prime Lease, renovation Subtenant, at its sole cost and rehabilitation projects in expense, shall remove any and all Alterations so required to be removed, and shall restore the Licensed Premises. (e) All Alterations Sublease Premises to good condition following such removal. Notwithstanding any language to the Licensed Premises undertaken by Licenseecontrary, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from but provided that the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from consent of the Prime Landlord is obtained (i) to the Commissionerextent the consent of the Prime Landlord is required pursuant to the Prime Lease), or his designee Sublandlord agrees to the installation of security cameras and (ii) any City or other governmental authorizations employee key card entry systems, all at Subtenant’s sole cost and approvals that may be necessaryexpense, so long as Sublandlord is notified prior to installation of these systems and these installations are installed by licensed electricians. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Sublease Agreement (Enzon Pharmaceuticals Inc), Sublease Agreement (Enzon Pharmaceuticals Inc)

Alterations. 6.1 Licensee Tenant shall make no Alterations not permit alterations in or to the Leased Premises unless and until the plans have been approved by Landlord in writing with the exception of alterations or other related areas herein without improvements not exceeding Ten Thousand Dollars ($10,000.00) which are not visible from outside the CommissionerLeased Premises and which do not affect the structure, mechanical systems or electrical systems of the Building. In situations where Landlord’s prior written approval is not so required, Tenant shall promptly notify Landlord with respect to such alterations and furnish Landlord with architectural drawings regarding same. As a condition of such approval (or with respect to any alterations made hereunder without Landlord’s approval), Landlord may require Tenant to remove the alterations (Landlord and Tenant shall expressly agree on which party shall be responsible for removal of the alteration in writing, at the time such approval is given to Tenant by Landlord or, with respect to alterations not requiring Landlord’s approval, within a reasonable time following Landlord’s receipt of Tenant’s notice) and restore the Leased Premises upon termination of this Lease; otherwise, all such alterations shall at Landlord’s option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Licensee may perform Alterations to Licensed Premises only Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the requirements original construction of the Building. No person shall be entitled to any lien derived through or under Tenant for any labor or material furnished to the Leased Premises, and nothing in this Article 6 and Article 8. Upon Parks’ approval Lease shall be construed to constitute a consent by Landlord to the creation of any Alterationslien. If any lien is filed against the Leased Premises for work claimed to have been done for or material claimed to have been furnished to Tenant or any subtenant of Tenant, Parks Tenant shall reasonably cooperate with Licensee cause such lien to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval be discharged of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, record within thirty (30) days of Final Completion of the after filing. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys’ fees in connection with any construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the Cityor alteration and any related lien. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessary. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 2 contracts

Sources: Lease Agreement (Interface Security Systems, L.L.C.), Lease Agreement (Interface Security Systems Holdings Inc)

Alterations. 6.1 Licensee Any alterations that Subtenant desires to make in the Expansion Premises shall be made at Subtenant’s sole cost and expense and shall be subject to all applicable provisions of the Sublease and the Master Lease including, without limitation, Article 14 of the Sublease and Article 6 of the Master ▇▇▇▇▇. Notwithstanding the foregoing, Subtenant shall have the right to install and construct an executive briefing center, make no Alterations minor modifications to the Premises or other related areas herein without conference rooms, make improvements to the Commissionerexisting lobby, install an outdoor seating area and/or any outdoor amenities as are consistent with typical headquarters in Palo Alto and install EV chargers in the parking area used exclusively by Subtenant, subject to Sublandlord’s prior written approval. Licensee may perform Alterations and Landlord’s rights to Licensed Premises only reasonably review and approve detailed plans and specifications for such improvements and require that they be restored at the time at the time its approval is given, as provided in accordance with the requirements of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property Section 6.1 of the City upon such Alteration’s substantial completion, Master Lease; provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the CommissionerSublandlord’s prior written approval, which consent shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee not be required for general office improvements costing less than Four Hundred Thousand Dollars ($400,000) that Landlord does not require to be restored and (ii) be deemed given if Sublandlord does not object to any City or other governmental authorizations alterations within five (5) business days of Subtenant’s request for Sublandlord’s consent, which consent includes all of the items in the first sentence of Section 6.2 of the Master Lease and approvals that may be necessary. (fb) Licensee Subtenant shall not install and/or maintain be required to restore any temporary storage such items if Landlord does not require such restoration and this Sublease terminates concurrently with the expiration of the Master Lease. For the avoidance of doubt, the following shall not be considered general office improvements: EV chargers, exterior signage or other ancillary structures or staging areas without a Parks permitlab. Subtenant shall be permitted to submit its plans and specifications to Sublandlord and Landlord contemporaneously, such that the time provided for each of Sublandlord and Landlord to reasonably review and approve of such plans and specifications may run concurrently.

Appears in 2 contracts

Sources: Sublease (Rubrik, Inc.), Sublease (Rubrik, Inc.)

Alterations. 6.1 Licensee Subtenant shall not make no Alterations any alterations, additions or other improvements to the Subleased Premises by or other related areas herein on behalf of Subtenant (but not including Subtenant’s moveable trade fixtures or moveable items of personal property) (“Alterations”) without the CommissionerSublandlord’s prior written approval. Licensee may perform Alterations to Licensed Premises only in accordance with the requirements of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approvalconsent, which shall not be unreasonably withheld or delayed, and the approval of Master Landlord if required by the terms of the Master Lease. At the time Subtenant requests approval from Sublandlord or Master Landlord, Subtenant must obtain the prior written approval of Master Landlord and Subtenant to any contractors and vendors performing work in the Subleased Premises. Subtenant acknowledges that Master Landlord has a pre-approved list of contractors and vendors from which Subtenant must select its contractor and vendors. Sublandlord shall consent or object to any proposed Alterations within three business days after receipt of all materials required by this Sublease and the Master Lease. If Sublandlord does not consent or object to Subtenant’s proposed Alterations within the three business day period provided above, Sublandlord’s consent will be deemed given. Sublandlord may withhold its approval of any proposed Alterations if Subtenant is in default of any of its obligations under this Sublease at the time Subtenant requests Sublandlord’s approval; provided, however, if Subtenant cures the default within the applicable notice and cure periods set forth in this Sublease, Sublandlord shall reconsider Subtenant’s request for whatever designs, plans, specifications, cost estimates, agreements, approval. Any Alterations to which Sublandlord and contractual understandings may pertain to contemplated purchases and/or work. Master Landlord (bif required) Ensure that work performed consent must be constructed and Alterations made on the Licensed Premises are undertaken and completed installed in accordance with submissions approved pursuant (i) all requirements contained in the Master Lease, and (ii) any reasonable requirements imposed by Sublandlord to Section 6.2(a)protect Sublandlord’s interest in the Master Lease and/or in the Subleased Premises. All such alterations, additions and improvements consented to by Sublandlord and Master Landlord (if required) will be made using new, first class materials and in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of . Subtenant shall be obligated to diligently pursue the completion of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All all Alterations to the Licensed Premises undertaken Subleased Premises. Any work that has not been completed in a timely manner may be completed by LicenseeSublandlord or Master Landlord, at the expense of Subtenant. Such expense will be collectible as Additional Rent and will be paid by Subtenant within 10 days after delivery of a statement for such expense. At its board memberssole cost and expense, officersSubtenant shall coordinate all work with a project manager approved by Sublandlord (and Master Landlord, agentsif required), employees, volunteers or contractors and Sublandlord shall have the right to review all progress in connection with such work. Sublandlord hereby approves ▇▇▇▇▇ ▇▇▇▇ LaSalle as Subtenant’s project manager. Subtenant shall be at no cost solely responsible for any and all expenses additional costs charged by Master Landlord (whether billed directly to Parks (other than any agreed contribution from Sublandlord or Subtenant) arising out of the Cityapproval or installation of the Alterations pursuant to the Master Lease, including without limitation legal expenses, architectural and engineering expenses. Where possible, Subtenant shall coordinate payment of all additional costs directly with Master Landlord. Subtenant will indemnify and hold Sublandlord, Master Landlord, the Subleased Premises, the Premises, and contributions the Building free, clear and harmless of and from all mechanics’ liens and claims of liens, and all other public or private sector partners or donors) liabilities, liens, claims and demands on account of such work by or on behalf of Subtenant. Prior to the commencement of any work (including, but not limited to, any maintenance, repairs, alterations, additions, improvements or installations) in or to the Subleased Premises, by or for Subtenant, Subtenant will give Sublandlord written notice of the proposed work and the names and addresses of persons supplying labor and materials for the proposed work. Sublandlord and/or Master Landlord will have the right to post notices of non-responsibility or similar written notices on the Subleased Premises and the Premises in order to protect the same against any such liens. Upon termination of this Sublease, any Alterations to the Subleased Premises shall remain in the Subleased Premises, and Subtenant shall not commence until have the Licensee obtains prior written approval from (i) the Commissionerright to remove such Alteration, unless requested to do so in writing by Sublandlord at such time as Sublandlord’s consent is received, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessary. (f) Licensee by Master Landlord to the extent permitted under the Master Lease; provided, however, Sublandlord shall not install and/or maintain require Subtenant to remove any temporary storage Alterations or other ancillary structures restore the Subleased Premises unless such restorations or staging areas without removal is a Parks permitrequirement of Master Landlord. If Subtenant is required to remove any improvements, Subtenant shall, at its sole cost and expense, restore the Subleased Premises to their condition prior to this Sublease, and restore the Subleased Premises in accordance with all terms and conditions in the Master Lease. Subtenant’s obligations under this section shall survive expiration or earlier termination of this Sublease.

Appears in 2 contracts

Sources: Sublease Agreement (Salesforce Com Inc), Sublease Agreement (Salesforce Com Inc)

Alterations. 6.1 Licensee Except for non-structural Alterations that (i) do not exceed $5,000 per alteration and $50,000 in the aggregate in any calendar year, (ii) are not visible from the exterior of the Premises, (iii) do not adversely affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make no or permit any Alterations in or to the Premises or other related areas herein without the Commissionerfirst obtaining Landlord’s prior written approval. Licensee may perform Alterations to Licensed Premises only in accordance with the requirements of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approvalconsent, which consent shall not be unreasonably withheld withheld. With respect to any Alterations made by or delayedat Tenant’s request on behalf of Tenant (whether or not the Alteration requires Landlord’s consent), for whatever designs(A) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specificationsspecifications and necessary permits for the Alteration, cost estimates, agreementstogether with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, and contractual understandings any other associated or affiliated entity as their interests may pertain to contemplated purchases and/or work. appear as additional insureds, (bB) Ensure that work performed and Alterations made on Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, which consent shall not be unreasonably withheld, (C) the Licensed Premises are undertaken and completed in accordance Alteration shall be constructed with submissions approved pursuant to Section 6.2(a)new materials, in a good and workmanlike manner, and within a in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, which approval shall not be unreasonably withheld, (D) Tenant shall pay Landlord all reasonable time. costs and expenses in connection with Landlord’s review of T▇▇▇▇▇’s plans and specifications which Landlord reasonably deems necessary, and (cE) Notify upon Landlord’s reasonable request, Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the Commissioner property of Tenant until the expiration or termination of this Lease. At that time without payment by L▇▇▇▇▇▇▇, the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration, reasonable wear and tear. excepted. At Tenant’s request prior to Tenant making any Alterations, L▇▇▇▇▇▇▇ will notify Tenant in writing whether. Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not adversely affect any structural portion of the completion Property, any Building System or any other equipment or facilities serving the Building or any occupant. Notwithstanding the foregoing, it is understood and agreed that Tenant shall have no obligation to remove the Tenant Improvements at the expiration or earlier termination of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final paymentthis Lease. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessary. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 1 contract

Sources: Lease Agreement (Savara Inc)

Alterations. 6.1 Licensee (a) Tenant shall not make no Alterations or allow any alterations, additions, or improvements to the Premises or other related areas herein any part of the Premises (collectively, "Alterations"), without the Commissioner’s Landlord's prior written approval. Licensee may perform Alterations to Licensed Premises only in accordance with the requirements of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approvalconsent, which shall not be unreasonably withheld withheld. The installation of furnishings, fixtures, equipment, or delayeddecorative improvements, for whatever designs, plans, specifications, cost estimates, agreementsnone of which shall affect Building systems or the structure of the Building, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and the repainting or recarpeting of the Premises, shall not constitute Alterations. All Alterations shall be made on the Licensed Premises are undertaken and completed by Landlord for Tenant's account, including increased costs, if any, in accordance with submissions the procedures set forth in this Section. All Alterations shall immediately become Landlord's property and, at the end of the Term, shall remain on the Premises without compensation to Tenant, unless Landlord elects by notice to Tenant to have Tenant remove any Alterations that are peculiar to Tenant's use of the Premises and are not normally required or used by other tenants, provided further that Tenant receives written notice from Landlord to remove such Alterations at the end of the term at the time Landlord consents to the installation of such Alterations (which time of consent shall be deemed to occur upon Landlord's approval of the final plans for such Alterations, including without limitation, the final Plans for the Work. In this event, Tenant shall bear the cost of restoring the Premises to their condition prior to the installment of the Alterations. When plans and specifications for any Alterations are approved by Landlord pursuant to Section 6.2(a9(b), in a good Landlord shall advise Tenant on request whether proposed Alterations would entitle Landlord to require their removal and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner restoration of the completion Premises at the end of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review . Landlord may post and record an appropriate notice of landscape redesign, renovation nonresponsibility with respect to any Alteration and rehabilitation projects Tenant shall maintain any such notices posted by Landlord in or on the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessary. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 1 contract

Sources: Standard Office Lease (Salon Internet Inc)

Alterations. 6.1 Licensee A. Tenant shall not make no Alterations any alterations, additions or improvements to the Premises or other related areas herein without the Commissioner’s prior written approval. Licensee may perform Alterations to Licensed Premises only in accordance with the requirements consent of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, Landlord provided, however, that if Tenant may, without Landlord’s consent, make alterations which are non-structural in character, do not affect the Building systems, and the cost of which does not exceed $10,000.00 during the Term of this Lease (“Permitted Non-Structural Alterations”). Tenant, at its own cost and expense, may erect such Alteration is shelves, racks, bins, machinery and trade fixtures as it desires. Notwithstanding the foregoing, the installation of such shelves, racks, bins, machinery, trade fixtures and Permitted Non-Structural Alterations shall be subject to the conditions that: (i) such items do not constructed in accordance with alter the approved plans, then Parks shall, within thirty (30) days of Final Completion basic character of the construction Premises or the Building and/or improvements of which the Premises are a part; (ii) such Alterationitems do not overload or damage the Premises, give Licensee an updated notice as the Building or such improvements; (iii) such items may be removed without injury to whether such Alteration the Premises; and (iv) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord’s specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall become be and remain the property of Tenant during the City. 6.2 To alter Term of this Lease. All Permitted Non-Structural Alterations, shelves, racks, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the Licensed Premisesearlier to occur of the date of termination of this Lease or vacating of the Premises by Tenant, Licensee must: (a) Obtain at which time, subject to Paragraph 11, Tenant shall restore the Commissioner’s prior written approvalPremises to their original condition, which reasonable wear and tear excepted; notwithstanding the foregoing, Tenant shall not be unreasonably withheld or delayedrequired to remove (i) any Permitted Non-Structural Alterations, if prior to installation, Tenant obtains Landlord’s express written consent for whatever designs, plans, specifications, cost estimates, agreements, such alterations to remain after termination; and contractual understandings may pertain to contemplated purchases and/or work. (bii) Ensure that work performed the skylights and Alterations made associated ductwork shown on the Licensed Premises are undertaken and completed Plans (as defined in accordance with submissions approved pursuant to Section 6.2(aExhibit “C”), if, prior to lease termination, Landlord provides Tenant with express, written consent to leave such in place. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the Building and other improvements situated on the Premises or of which the Premises are a part. Notwithstanding anything to the contrary contained herein, it is agreed that the use of and access to the roof of the Building is expressly reserved to Landlord and is expressly denied to Tenant. Tenant shall not penetrate the roof of the Building in any manner, and within a reasonable time. (c) Notify nor install or construct any alterations, additions or improvements thereon, nor otherwise use or occupy the Commissioner of the completion of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to roof at any time during the TermTerm hereof, for review of landscape redesignwithout the Landlord’s prior written consent, renovation and rehabilitation projects which may be withheld in the Licensed PremisesLandlord’s sole discretion. ▇. ▇▇▇▇▇▇ and AIL Investment, L.P., an affiliate of Landlord, have entered into that certain License Agreement dated on or about the date hereof (e) All Alterations “Solar License”), regarding Tenant’s right to install and operate a solar photovoltaic system on property situated near the Licensed Premises undertaken Building. Any default by Licensee, its board members, officers, agents, employees, volunteers or contractors Tenant under that Solar License shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessaryan Event of Default hereunder. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 1 contract

Sources: Lease Agreement (Worldwater & Solar Technologies Corp.)

Alterations. 6.1 Licensee (a) After the Delivery Date, Tenant may, without Landlord’s approval: (i) install all equipment that Tenant deems necessary or desirable in connection with the Permitted Uses, whether now existing or hereafter developed, so long as the same do not exceed the load bearing capacity or otherwise materially and adversely damage the structure of the Building, and Tenant complies with all Applicable Laws; and (ii) make any Alterations required to allow the use and operation of such equipment in the Premises in compliance with Applicable Laws; provided Tenant shall not alter the roof, foundation or other structural elements of the Premises, unless Tenant obtains Landlord’s prior written approval as provided below. In addition, without obtaining Landlord’s approval, Tenant may make no (i) changes to floor coverings, wall coverings and paint of the interior of the Building, and (ii) interior, non-structural Alterations to the Premises or other related areas herein without Building in an amount that does not exceed the Commissioner’s prior written approvalAlterations Threshold (defined below) on a per item basis. Licensee may perform The “Alterations Threshold” shall initially be One Hundred Thousand and No/100 Dollars ($100,000.00) and shall increase by fifteen percent (15%) on the fifth (5th) anniversary of the Rent Commencement Date and every fifth (5th) year thereafter. Except as otherwise expressly provided above, Tenant shall not make any Alterations (including, but not limited to, any Alterations to Licensed Premises only in accordance with the requirements roof, foundation and structural elements of this Article 6 and Article 8. Upon Parks’ approval of any the Building) unless Landlord has approved such Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations in writing, which approval will not be unreasonably withheld, conditioned or delayed. If Landlord does not notify Tenant, in writing, of its objections to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, Alterations within thirty (30) days of Final Completion of after Tenant requests that Landlord approve the construction same, in writing, then Tenant may deliver a subsequent notice to Landlord requesting approval of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreementsAlterations, and contractual understandings may pertain if Landlord fails to contemplated purchases and/or work. respond to such second (b2nd) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) notice within ten (10) days after receipt thereof, Landlord shall be deemed to have approved such Alterations. Prior to commencing any Alterations, Tenant shall provide to Landlord proof of Tenant’s insurance required under Section 11.01(b) and shall cause all contractors performing such Alterations to furnish evidence of liability insurance coverage with liability limits for personal injury, death and property damage of not less than One Million and No/100 Dollars ($1,000,000.00) per occurrence. (b) All Alterations undertaken by Tenant: (i) must be completed by Tenant in a good and workmanlike manner and in compliance with Applicable Laws; (ii) must be completed using new or like-new materials of good quality; (iii) must not result in the later load bearing capacity of the Building or otherwise have a material adverse effect on the structural integrity of the Building; and (iv) must not increase the load on any of the Mechanical Systems beyond their published load limits or otherwise have a material adverse effect on the Mechanical Systems. Tenant shall, at its expense, obtain all governmental permits and approvals required in connection with its Alterations. If Landlord’s consent is required for any proposed Alterations under the other provisions of this section, Tenant shall submit the construction plans and specifications for such Alterations to occur Landlord at the time Tenant requests ▇▇▇▇▇▇▇▇’s approval thereof and Tenant shall complete such Alterations substantially in accordance with the plans and specifications approved (or deemed approved) by Landlord. (c) Provided it complies with the other terms of said completion this Section 10.01, Tenant shall have the right to install one (1) or final paymentmore antennas, satellite dishes and other communications devices (collectively, “Communication Facilities”) on the roof of the Building. If Tenant installs any Communications Facilities on the roof of the Building under the terms of this Lease or Landlord consents, in writing, to Tenant installing any other facilities on the roof of the Building or Tenant makes any Alterations to the roof of the Building, Tenant shall: (i) not void or violate any roof warranty; (ii) follow the roof manufacturer’s recommendations and requirements; (iii) use Landlord’s roofing contractor or an approved roof manufacturer contractor; and (iv) ensure the installation or alteration does not damage the roof or exceed the load bearing capacity of the roof. (d) Licensee All of Tenant’s Alterations forming a part of the Premises at the expiration or termination of this Lease shall comply with existing City become the property of Landlord; provided, Tenant shall have the right to remove, at its option, all or any portion of its equipment, furnishing, fixtures, trade fixtures, equipment, machinery, racking, materials handling equipment and Parks’ proceduresother personal property, whether or not the same are physically fastened or attached to the Land or Improvements so long as may be amended Tenant repairs all material damage resulting from time to time during such removal. Tenant’s repair obligation under the Term, for review preceding sentence shall survive the expiration or sooner termination of landscape redesign, renovation and rehabilitation projects in the Licensed Premisesthis Lease. (e) All Alterations Tenant shall have the right to require that Landlord expand the Licensed Premises undertaken by Licenseeas provided in Section 6 of Exhibit B. In addition, Tenant may, at its board membersoption, officerscomplete such expansion or any phase thereof, agentsusing its own funds, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessary. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.as provided on said Exhibit B.

Appears in 1 contract

Sources: Lease Agreement (American Outdoor Brands, Inc.)

Alterations. 6.1 Licensee shall Subject to compliance with Section 29, Tenant may, at its sole expense, from time to time, make no Alterations such alterations, changes or additions to the Premises Improvements. If such alterations, changes or other related areas herein additions are reasonably considered non-structural in nature, and in good faith are estimated by Tenant, for all work being performed at one time or a series of projects undertaken within six months of one another and within a contiguous area, not to exceed $100,000.00 (as evidenced by the scope of work and projected expense as contained on the Approval for Expenditure or "AFE" form currently used by Tenant to obtain appropriate internal approvals for the allocation of capital expenditure funds, or any successor approval form which may be generated by Tenant for the same general purpose), Tenant may perform such work without the Commissioner’s prior written first obtaining Owner's approval. Licensee may perform Alterations If such alterations, changes or additions are reasonably considered structural in nature, regardless of their total cost, or in good faith are estimated by Tenant to Licensed exceed $100,000.00, using the referenced AFE form as the guide, Tenant shall provide Owner with written notice outlining the proposed scope of work and estimated expense, with the AFE form attached, to obtain Owner's prior approval, which approval shall not be unreasonably withheld, conditioned or delayed. Owner's good faith, projected cost estimate of restoring the Demised Premises only in accordance at lease termination to the currently existing condition shall be reasonable grounds for Owner to withhold approval. Approval shall be deemed granted by Owner if Tenant does not receive written disapproval from Owner within ten (10) business days from the date Owner receives Tenant's notice outlining said proposed scope of work and estimated expense. Any such alterations, changes or additions to the Improvements that comply with the requirements of this Article 6 and Article 8Section may remain after Lease termination. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during Any unresolved disagreement between the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice parties as to whether such Alteration an alteration is `structural' and as to what constitutes a single project shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations decided according to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessaryArbitration provision contained in Section 49 of this Lease. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 1 contract

Sources: Net Lease (Tower Properties Co)

Alterations. 6.1 Licensee Tenant, at its sole cost, may install necessary trade fixtures, equipment and furniture in the Premises (it being agreed that such installation shall make no not be deemed an Alteration), provided that the installation and removal of them will not adversely affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building. Except for any Alterations or Tenant Maintenance work that, in either instance, (a) does not exceed $50,000.00 in any one instance, (b) does not require a building permit or other similar instrument issued by the applicable governmental authority having jurisdiction, and (c) does not affect any Building System or any structural components of the Building, Tenant shall not construct, nor allow to be constructed, any Alterations or Tenant Maintenance work in the Premises or other related areas herein on the Property or the Project without obtaining the Commissioner’s prior written approval. Licensee may perform Alterations to Licensed Premises only in accordance with the requirements consent of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approvalLandlord, which consent shall not be unreasonably withheld withheld, conditioned or delayed. With respect to any Alterations or Tenant Maintenance work made by or on behalf of Tenant (whether or not it requires Landlord’s consent): (a) not less than 10 days prior to commencing any Alteration or Tenant Maintenance work, for whatever designs, Tenant shall deliver to Landlord the plans, specifications, cost estimates, agreements, specifications and contractual understandings may pertain to contemplated purchases and/or necessary permits for the Alteration or Tenant Maintenance work. ; (b) Ensure that Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, not to be unreasonably withheld, conditioned or delayed; (c) the Alteration or Tenant Maintenance work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance shall be constructed with submissions approved pursuant to Section 6.2(a)new materials, in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of the completion of in compliance with all Applicable Laws and the date of final payment for such Alteration(s) within ten (10) days after the later plans and specifications delivered to occur of said completion or final payment. and, if required hereunder, approved by Landlord; (d) Licensee the Alteration or Tenant Maintenance work shall comply with existing City be completed promptly after the commencement thereof; and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations Tenant shall pay Landlord all reasonable and actual out of pocket costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications that affects any structural portion of the Property or any Building System; and (f) if the cost of the Alteration or Tenant Maintenance work exceeds $500,000.00 (excluding the cost of any equipment being installed as a part thereof), then upon Landlord’s request (which request shall take into consideration Tenant’s then tangible net worth), in the exercise of Landlord’s reasonable discretion, Tenant shall, prior to the Licensed Premises undertaken by Licenseecommencing any Alteration or Tenant Maintenance work, its board membersprovide Landlord reasonable security against liens arising out of such construction. Upon completion, officers, agents, employees, volunteers or contractors Tenant shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from furnish Landlord with (i) the Commissioner“as-built” plans (in CAD format, or his designee if requested by Landlord) for Alterations (at Landlord’s expense), completion affidavits and full and final waivers of lien, and (ii) the warranties from Tenant’s contractor(s), which shall be for the benefit of Landlord as well as Tenant. Any Alteration by Tenant shall be the property of Tenant until the expiration or earlier termination of this Lease and Tenant shall have the right, but not the obligation to remove same at such time unless if, with respect to any City or other governmental authorizations and approvals that may be necessary. specialty Alteration only, such removal is directed by Landlord at the time of its consent to an Alteration (f) Licensee which shall not install and/or maintain be unreasonably required) in which case, Tenant, at its sole cost, shall remove any temporary storage such specialty Alteration(s) and repair all damage caused by the installation or other ancillary structures or staging areas without a Parks permitremoval thereof.

Appears in 1 contract

Sources: Single Tenant Triple Net Lease (Prelude Therapeutics Inc)

Alterations. 6.1 Licensee Tenant shall not make no Alterations any alterations (“Alterations”) to the Premises or other related areas herein the Business Park without the CommissionerLandlord’s prior written approvalconsent, which consent shall not be unreasonably withheld. Licensee Once Landlord’s written consent is granted, Tenant must provide Landlord at least ten (10) business days prior to the commencement of any Alteration with a complete description of each such Alteration including any building permit drawing(s) and specifications. Landlord may perform Alterations to Licensed Premises only post notices regarding non-responsibility in accordance with the requirements laws of the state in which the Premises are located. All Alterations made by Tenant shall be performed by Tenant and its contractors in a good and workmanlike manner and permits and inspections shall be obtained from all required governmental entities. Any Alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Article 6 and Article 8. Upon Parks’ approval of any AlterationsLease, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, except that if such Alteration is not constructed in accordance with the approved plans, then Parks shallLandlord may, within thirty (30) days before or thirty (30) days after expiration of Final Completion the Term, elect to require Tenant to remove some or all of the Alterations which Tenant may have made to the Premises. If Landlord so elects, Tenant shall at its own cost restore the Premises to the condition that existed as of the Commencement Date, before the last day of the Term or within thirty (30) days after notice of its election is given, whichever is later. If requested by Tenant at the time of Tenant’s request for approval of Alterations, Landlord shall advise Tenant in writing whether Landlord shall require Tenant to remove some or all of said Alterations upon expiration or termination of the Lease. Should Landlord consent in writing to Tenant’s Alteration of the Premises, Tenant shall contract with a contractor approved by Landlord for the construction of such AlterationAlterations, give Licensee an updated notice as to whether shall secure all appropriate governmental approvals and permits, and shall complete such Alteration Alterations with due diligence in compliance with plans and specifications reasonably approved by Landlord. Tenant shall become property pay all costs for such construction and shall keep the Premises free and clear of all mechanics’ liens which may result from construction by Tenant. Notwithstanding the foregoing, Tenant may construct non-structural Alterations within the interior of the City. 6.2 To alter Building without Landlord’s prior approval, if the Licensed cost of any such project does not exceed Fifty Thousand Dollars ($50,000) in any twelve (12)-month period. Tenant’s trade fixtures, furniture, equipment and other personal property installed in the Premises (collectively, “Tenant’s Property”) shall at all times be and remain Tenant’s property. Tenant may remove Tenant’s Property from the Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which provided that Tenant repairs all damage caused by such removal. Landlord shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at have no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City lien or other governmental authorizations and approvals that may be necessaryinterest in any item of Tenant’s Property. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 1 contract

Sources: Standard NNN Lease (3PAR Inc.)

Alterations. 6.1 Licensee shall Tenant may not make no any Alterations to the Leased Premises or other related areas herein without the CommissionerLandlord’s prior written approval. Licensee may perform Alterations to Licensed Premises only in accordance with the requirements of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approvalconsent, which shall not be unreasonably withheld withheld; provided, however, Landlord’s consent shall not be required for Alterations that cost less than $10,000.00 (provided the same do not impact other tenants in the Building) and (i) are non-structural, (ii) are not visible from the exterior of the Leased Premises, (iii) do not affect any Building system or delayedthe structural strength of the Building, for whatever designs(iv) do not require penetrations into the floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling. With respect to any Alterations that will exceed a cost of $10,000.00 (other than the installation of Tenant’s security system, which Tenant shall have the right to perform with its own contractors provided the same does not impact other tenants in the Building). Landlord shall have the right, at its option, to perform such work at Tenant’s expense so long as such work can be performed in a timely, good and workmanlike manner at a competitive price. At the time Tenant requests Landlord’s consent, Tenant shall deliver plans and specifications to Landlord. Landlord shall notify Tenant, within ten (10) days after receipt of Tenant’s plans and specifications, whether Landlord elects to perform the Alterations, along with a draft construction budget and schedule as required above. Tenant shall notify Landlord within five business days whether Tenant wishes to proceed with the Alterations. In the event Landlord consents to the Alterations but elects not to perform the work, Tenant shall comply with the following: (i) not less than 5 days prior to commencing any Alteration, Tenant shall deliver to Landlord final plans, specificationsspecifications and necessary permits for the Alteration, cost estimates, agreementstogether with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, and contractual understandings any other associated or affiliated entity as their interests may pertain to contemplated purchases and/or work. appear as additional insureds, (bii) Ensure that work performed Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, and Alterations made on (iii) the Licensed Premises are undertaken and completed in accordance Alteration shall be constructed with submissions approved pursuant to Section 6.2(a)new materials, in a good and workmanlike manner, and within a reasonable time. (c) Notify in compliance with all Legal Requirements and the Commissioner plans and specifications delivered to, and approved by Landlord. If Landlord is not the contractor, Tenant shall provide Landlord with as-built plans, in both CAD and PDF format, along with back-up disks, upon completion of the completion work. All Alterations shall become part of the realty immediately upon installation and, except for Alterations which Landlord requires Tenant to remove pursuant to this Lease, shall be surrendered with the Leased Premises without payment by Landlord. Tenant’s trade fixtures, furniture, equipment and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects other personal property installed in the Licensed Premises. Leased Premises (e“Tenant’s Property”) All shall at all times be and remain Tenant’s property. Except for Alterations which cannot be removed without structural injury to the Licensed Leased Premises, at any time Tenant may remove Tenant’s Property from the Leased Premises, provided that Tenant repairs all damage caused by such removal. Landlord shall have no lien or other interest in any item of Tenant’s Property. If Tenant leases equipment to be used within the Leased Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from equipment paid for or provided by Landlord), Landlord shall execute the City, and contributions from other public commercially reasonable agreements required by Tenant’s equipment lessors waiving all rights to such equipment. Removal of Alterations or private sector partners or donors) and such work improvements at the end of the Lease term shall not commence until be governed by the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessaryprovisions of Article 27 hereof. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 1 contract

Sources: Lease Agreement (PMV Pharmaceuticals, Inc.)

Alterations. 6.1 Licensee Tenant shall make no Alterations alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises or other related areas herein without the Commissioner’s prior written approvalconsent of Landlord. Licensee may perform Alterations to Licensed Premises only in accordance with the requirements of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such AlterationLandlord’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which consent shall not be unreasonably withheld withheld, conditioned or delayed, for whatever designsas long as the proposed Alterations do not affect the structural, planselectrical or mechanical components or systems of the Building, specificationsare not visible from the exterior of the Premises, cost estimates, agreementsdo not change the basic floor plan of the Premises, and contractual understandings utilize only Landlord’s building standard materials (“Standard Improvements”). Landlord may pertain impose, as a condition to contemplated purchases and/or its consent, any requirements that Landlord in its reasonable discretion may deem reasonable or desirable, including but not limited reasonable requirements as to the manner, time, and contractor for performance of the work. . Without limiting the generality of the foregoing, Tenant shall use Landlord’s designated mechanical and electrical contractors for all Alterations work affecting the mechanical or electrical systems of the Building. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to Landlord. Tenant shall obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord, and except for cosmetic Alterations not requiring a permit, Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. In no event shall Tenant prosecute any work that results in picketing or labor demonstrations in or about the Building or Project. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect to review Tenant’s architectural plans (b) Ensure that work performed and Alterations made on except in the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(acase of strictly cosmetic Alterations), and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Alterations shall be constructed in a good and workmanlike mannermanner using materials of a quality reasonably approved by Landlord, and within a reasonable time. Tenant shall ensure that no Alteration materially impairs any Building system or Landlord’s ability to perform its obligations hereunder. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (c) Notify except as otherwise provided in the Commissioner Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord and shall be surrendered with the completion Premises at the end of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesignexcept that Landlord may, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations by notice to Tenant given at least 30 days prior to the Licensed Premises undertaken Expiration Date, require Tenant to remove by Licenseethe Expiration Date, its board membersor sooner termination date of this Lease, officersall or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City“Required Removables”), and contributions to replace any non-Standard Improvements with the applicable Standard Improvements. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the subject Alterations are Required Removables. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from other public or private sector partners or donors) that removal and such work shall not commence until restore the Licensee obtains prior written approval from (i) the Commissioneraffected area to its pre-existing condition, or his designee reasonable wear and (ii) any City or other governmental authorizations and approvals that may be necessarytear excepted. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 1 contract

Sources: Lease Agreement (Synovis Life Technologies Inc)

Alterations. 6.1 Licensee (i) Tenant shall not make no Alterations any alteration, addition or improvement in, to or upon the Premises or other related areas herein (“Alteration”) without the Commissioner’s prior written approval. Licensee may perform Alterations to Licensed Premises only consent of Landlord in accordance with the requirements of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approvaleach instance, which consent shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) within . Tenant shall give Landlord not less than ten (10) days after days’ prior written notice of any Alteration Tenant desires to make. Any Alterations as to which Landlord shall consent shall be made only by contractors approved in advance, in writing by Landlord, which approval shall not be unreasonably withheld. Tenant shall comply with all Legal Requirements applicable to each Alteration. Tenant shall be solely responsible for maintenance and repair of all Alterations made by Tenant. All Alterations shall be performed diligently and in a first-class workmanlike manner. Landlord may further condition its consent upon Tenant furnishing to Landlord and Landlord approving prior to the later commencement of any work or delivery of materials to occur the Premises related to the Tenant Alterations such of said the following as specified by Landlord: architectural plans and specifications, necessary permits and licenses, certificates of insurance, and such other documents in such form reasonably requested by Landlord. Upon completion of the Tenant Alterations, Tenant shall deliver to Landlord an as-built set of plans and specifications for the Tenant Alterations and contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used in connection therewith and such other documentation reasonably requested by Landlord. Tenant shall notify Landlord immediately if Tenant receives any notice of violation of any Law in connection with completion of any Tenant Alterations and shall immediately take such steps as are necessary to remedy such violation. In no event shall such supervision or final paymentright to supervise by Landlord nor shall any approvals given by Landlord under this Lease constitute any warranty by Landlord to Tenant of the adequacy of the design, workmanship or quality of such work or materials for Tenant’s intended use or impose any liability upon Landlord in connection with the performance of such work. Landlord hereby approves the plans submitted by Tenant for the initial improvements. (dii) Licensee Notwithstanding the foregoing, Tenant shall comply with existing City and Parks’ procedureshave the right, as may be amended from time without Landlord’s consent, to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations make any Alteration to the Licensed Premises undertaken by Licensee(“Cosmetic Alterations”) that (a) is decorative in nature (such as paint, its board memberscarpet or other wall or floor finishes, officersmovable partitions or other such work), agentsdoes not adversely affect the Building systems, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donorsc) and is not structural in nature. All such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee be performed in a ▇▇▇▇▇▇▇-like manner and (ii) any City or other governmental authorizations and approvals that may be necessaryin accordance with all applicable Legal Requirements. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 1 contract

Sources: Asset Purchase Agreement (Simpson Manufacturing Co Inc /Ca/)

Alterations. 6.1 Licensee Tenant shall not at any time during the Term of this Lease make no Alterations any openings in the roof or exterior walls of the Building or make any Tenant alteration, addition or improvement to the Premises or other related areas herein any portion thereof (collectively "Alterations") without in each instance, the Commissioner’s prior written approval. Licensee may perform Alterations to Licensed Premises only in accordance with the requirements consent of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks Landlord; which consent shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completionnot be unreasonably withheld, provided, however, that if such upon notice to, but without the consent of Landlord, Tenant shall have the right to make any Alterations where same are non-structural, do not require openings on the roof or exterior walls of the Building, do not affect any Building system, and do not exceed TWENTY FIVE THOUSAND AND NO/100 ($25,000.00) DOLLARS in the aggregate in any twelve (12) month period. No Alteration to the Premises for which Landlord's consent is not constructed required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord in accordance with Article IX hereof, protecting Landlord against public liability and property damage to any person or property, on or off the approved plansPremises, then Parks shallarising out of and during the making of such Alterations. Any Alteration by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any applicable governmental law, within thirty (30) days statute, ordinance or regulation. Upon completion of Final Completion any Alteration by Tenant hereunder, Tenant shall furnish Landlord with a copy of the construction "as built" plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of such Alterationany other person or corporation (public or private), give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premisesexcept Landlord, Licensee must: its agents, employees or contractors. Before commencing any Alterations for which Landlord's approval is required hereunder: (a) Obtain the Commissioner’s prior written approvalplans and specifications therefor, which prepared by a licensed architect, shall be submitted to and approved by Landlord (such approval shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or work. ); (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant Tenant shall furnish to Section 6.2(a), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner Landlord an estimate of the completion cost of the proposed work, certified by the architect who prepared such plans and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessary. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.specifications;

Appears in 1 contract

Sources: Industrial Building Lease (Neoforma Com Inc)

Alterations. 6.1 Licensee (a) Tenant shall make no Alterations improvements, changes or alterations in or to the Premises or other related areas herein (“Alterations”) without the CommissionerLandlord’s prior written approval. Licensee may perform Notwithstanding the foregoing, Landlord’s approval shall not be required for Alterations which are purely decorative in nature (such as wallpapering, painting and carpeting) and which do not require a building permit (“Decorative Alterations”), but Tenant shall give Landlord prior notice of any material Decorative Alterations. Landlord shall not unreasonably withhold its approval to Licensed any Alteration that is not a Material Alteration. “Material Alteration” means an Alteration that (i) is not limited to the interior of the Premises only or which affects the exterior (including the appearance) of the Building or any portion thereof, (ii) is structural or affects the strength of the Building or any portion thereof, (iii) affects the usage or the proper functioning of any of the Building systems, (iv) has a cost for labor and materials greater than $100,000.00 (which amount shall be increased on each anniversary of the Commencement Date by 3% or (v) requires a change to the Building’s certificate of occupancy. In any instance in accordance which Landlord’s approval shall be required with respect to the requirements of this Article 6 and Article 8. Upon Parks’ approval performance of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks Landlord shall, within thirty 10 Business Days following receipt of Tenant’s plans for the performance of such Alterations, advise Tenant of Landlord’s approval or disapproval of such plans or any part thereof. If Landlord shall fail to approve or disapprove Tenant’s plans or any part thereof within such 10 Business Day period, Tenant may give to Landlord a notice of such failure stating that if Landlord fails within 2 Business Days after the giving of such notice to approve or disapprove such Tenant’s plans, Landlord shall be deemed to have approved such Tenant’s plans, and if Landlord shall fail to approve or disapprove such Tenant’s plans within such 2 Business Day period, Landlord shall be deemed to have approved such plans. If Landlord shall disapprove such plans (30) days of Final Completion or any part thereof), Landlord shall set forth its reasons for such disapproval in writing and in reasonable detail and identify those portions of the construction plans so disapproved. Landlord shall advise Tenant within 5 Business Days following receipt of Tenant’s revised plans, or portions thereof, of Landlord’s approval or disapproval of the revised plans, setting forth Landlord’s reasons for any such further disapproval in writing and in reasonable detail. If Landlord fails to approve or disapprove the revised plans within such 5 Business Day period following Landlord’s receipt of Tenant’s revised plans, Tenant may give to Landlord a notice of such Alteration, give Licensee an updated failure stating that if Landlord fails within 2 Business Days after the giving of such notice as to whether approve or disapprove such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which shall not be unreasonably withheld or delayed, for whatever designs, revised plans, specifications, cost estimates, agreementsLandlord shall be deemed to have approved such revised plans, and contractual understandings may pertain if Landlord shall fail to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a)approve or disapprove such revised plans within such 2 Business Day period, in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Term, for review of landscape redesign, renovation and rehabilitation projects in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors Landlord shall be at no cost deemed to Parks (other than any agreed contribution from have approved the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessaryrevised plans. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 1 contract

Sources: Lease (Bowne & Co Inc)

Alterations. 6.1 Licensee Lessee shall not make no or permit any alterations in, on or about the Demised Premises, except for nonstructural alterations not exceeding Twenty-Five Thousand ($25,000.00) Dollars in cost per calendar year, without the prior written consent of the Lessor, and according to plans and specifications approved in writing by Lessor, which consent shall not be unreasonably withheld. With regard to alterations not requiring Lessor's consent, Lessee shall provide Lessor with copies of all plans and specifications therefor prior to the construction thereof. Notwithstanding the foregoing, Lessee shall not, without prior written consent of the Lessor, make any: (i) Alterations to the Premises structure or other related areas herein without exterior of the Commissioner’s prior written approval. Licensee may perform Building; (ii) Alterations to Licensed and penetrations of the roof of the Buildings and (iii) Alterations visible from outside the Demised Premises only to which Lessor may withhold Lessor's consent on wholly aesthetic grounds. All alterations shall be installed at Lessee's sole expense, in accordance compliance with all applicable laws and regulations, by a licensed contractor, shall be done in a good and workmanlike manner conforming in quality and design with the requirements Demised Premises existing as of this Article 6 the commencement date hereof, and Article 8shall not diminish the value of either the building or the Demised Premises. Upon Parks’ approval of any Alterations, Parks All alterations made by Lessee shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during be and become the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City Lessor upon such Alteration’s substantial completion, installation and shall not be deemed Lessee's personal property; provided, however, that if Lessor shall at the time consent for the alterations is requested, notify Lessee whether Lessee must at the expiration or earlier termination of the Demised Term, remove, at Lessee's expense, any or all alterations installed by the Lessee and return the Demised Premises to their condition prior to the installation of such Alteration alterations, normal wear and tear excepted. Notwithstanding any other provision of this Lease, Lessee shall be solely responsible for the maintenance and repair of any and all alterations made by it to the Demised Premises. Lessee shall give Lessor written notice of Lessee's intention to perform work on the Demised Premises, whether or not Lessor's consent is not constructed in accordance with the approved plansrequired, then Parks shall, within thirty at least twenty (3020) days prior to the commencement of Final Completion such work to enable Lessor to post and record a Notice of Nonresponsibility or other notice deemed proper before the commencement of any such work, Lessor, at Lessor's option at the expiration or earlier termination of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(a), in a good and workmanlike manner, and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as may be amended from time to time during the Demised Term, for review may require Lessee to remove some or all of landscape redesign, renovation and rehabilitation projects in the Licensed Premisesany alterations installed without Lessor's consent. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessary. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 1 contract

Sources: Lease (Colonels International Inc)

Alterations. 6.1 Licensee Tenant shall make no Alterations changes in or to the Premises or other related areas herein demised premises of any nature without the Commissioner’s Owner's prior written approvalconsent. Licensee may perform Alterations Subject to Licensed Premises only in accordance with the requirements of this Article 6 and Article 8. Upon Parks’ approval of any Alterations, Parks shall reasonably cooperate with Licensee to make such Alterations to any facilities installed by Licensee pursuant to this Article 6 or Article 8 during the Term. Upon Parks’ approval of any Alterations, Parks shall give notice to Licensee whether such Alteration shall become property of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion of the construction of such Alteration, give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which shall consent of Owner not to be unreasonably withheld or delayed, and to the provisions of this article, Tenant, at Tenant's expense, may make alterations, installations, additions or improvements which are nonstructural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the demised premises using contractors or mechanics first approved in each instance by Owner not to be unreasonably withheld or delayed. Tenant shall, at its expense, before making any alterations, additions, installations or improvements obtain all permits, approval and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner. Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such work▇▇▇'▇ ▇▇▇pensation, general liability, personal and property damage insurance as Owner may reasonably require. If any mechanic's lien is filed against the demised premises, or the building of which the same forms a part, for whatever designswork claimed to have been done for, plansor materials furnished to, specificationsTenant, cost estimates, agreements, and contractual understandings may pertain to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved whether or not done pursuant to Section 6.2(a)this article, the same shall be discharged by Tenant within thirty days thereafter, at Tenant's expense, by payment or filing the bond required by law or otherwise. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner on Tenant's behalf, shall, upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Owner's right thereto and to have them removed by Tenant, in a good and workmanlike manner, and within a reasonable time. (c) Notify which event the Commissioner same shall be removed from the demised premises by Tenant prior to the expiration of the completion lease, at Tenant's expense. Nothing in this Article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the date premises or upon removal of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, other installations as may be amended from time required by Owner, Tenant shall immediately and at its expense, repair and restore the premises to time during the Term, for review condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the end of landscape redesign, renovation and rehabilitation projects the term remaining in the Licensed Premises. (e) All Alterations to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors premises after Tenant's removal shall be deemed abandoned and may, at no cost to Parks (other than any agreed contribution the election of Owner, either be retained as Owner's property or removed from the Citypremises by Owner, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessaryat Tenant's expense. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 1 contract

Sources: Lease Agreement (Medsite Com Inc)

Alterations. 6.1 Licensee “Alterations” shall mean any alteration, addition, or improvement in or on or to the Premises of any kind or nature, including any improvements made before Tenant’s occupancy of the Premises. Tenant shall make no Alterations to the Premises or other related areas herein without the Commissioner’s prior written approvalconsent of Landlord, which consent may be withheld or conditioned in Landlord’s sole discretion. Licensee However, Landlord will not unreasonably withhold or delay consent to non-structural interior Alterations, provided that they do not involve demolition of improvements, affect utility services or Building systems, are not visible from outside the Premises, and do not require other alterations, additions, or improvements to areas outside the Premises. Landlord, or its agent or contractor, may perform Alterations to Licensed Premises only in accordance with supervise the requirements of this Article 6 and Article 8. Upon Parks’ approval performance of any Alterations, Parks and, if so, Tenant shall reasonably cooperate with Licensee pay to Landlord an amount equal to 5% of the cost of the work, as a supervisory fee. Except as expressly set forth in this Lease, Landlord has made no representation or promise as to the condition of the Premises, Landlord shall not perform any alterations, additions, or improvements to make such Alterations to any facilities installed the Premises suitable and ready for occupancy and use by Licensee pursuant to this Article 6 Tenant, and Tenant shall accept possession of the Premises in its then “as-is”, “where-is” condition, without representation or Article 8 during the Term. Upon Parks’ approval warranty of any Alterationskind by Landlord. Except for work to be performed by Landlord, Parks before any Alterations are undertaken by or on behalf of Tenant, Tenant shall give notice deliver to Licensee whether such Alteration Landlord any governmental permit required for the Alterations and shall become property require any contractor performing work on the Premises to obtain and maintain, at no expense to Landlord, workers’ compensation insurance as required by law, builder’s risk insurance in the amount of the City upon such Alteration’s substantial completion, provided, however, that if such Alteration is not constructed in accordance with the approved plans, then Parks shall, within thirty (30) days of Final Completion replacement cost of the construction of applicable Alterations (or such Alterationother amount reasonably required by Landlord), give Licensee an updated notice as to whether such Alteration shall become property of the City. 6.2 To alter the Licensed Premises, Licensee must: (a) Obtain the Commissioner’s prior written approval, which shall not be unreasonably withheld or delayed, for whatever designs, plans, specifications, cost estimates, agreementscommercial general liability insurance, and contractual understandings may pertain auto liability insurance (to contemplated purchases and/or work. (b) Ensure that work performed and Alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to Section 6.2(ainclude all automobiles owned, leased, hired or borrowed), in a good written on an occurrence basis with minimum limits of $2 million per occurrence limit, $2 million general aggregate limit, $2 million personal and workmanlike manneradvertising limit, and within a reasonable time. (c) Notify the Commissioner of the completion of and the date of final payment for such Alteration(s) within ten (10) days after the later to occur of said completion or final payment. (d) Licensee shall comply with existing City and Parks’ procedures, as $2 million products/completed operations limit; which coverage limits may be amended from time to time during effected with umbrella coverage (including contractual liability, broad form property damage and contractor’s protective liability coverage). Contractor’s insurance shall contain an endorsement insuring the TermLandlord and its managing agent (and, for review of landscape redesignif requested, renovation Landlord’s mortgagee) as additional insureds and rehabilitation projects in the Licensed Premises. (e) All Alterations shall be primary over any other coverage available to the Licensed Premises undertaken by Licensee, its board members, officers, agents, employees, volunteers or contractors shall be at no cost to Parks (other than any agreed contribution from the City, and contributions from other public or private sector partners or donors) and such work shall not commence until the Licensee obtains prior written approval from (i) the Commissioner, or his designee and (ii) any City or other governmental authorizations and approvals that may be necessaryLandlord. (f) Licensee shall not install and/or maintain any temporary storage or other ancillary structures or staging areas without a Parks permit.

Appears in 1 contract

Sources: Office Lease (FlexShopper, Inc.)