Alterations. Tenant shall 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 delayed. 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 or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; 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, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the 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 Lease shall be construed to constitute a consent by Landlord to the creation of any lien. 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, Tenant shall cause such lien to be discharged of 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.
Appears in 4 contracts
Samples: Office Lease (Interactive Intelligence Group, Inc.), Office Lease (Interactive Intelligence Group, Inc.), Office Lease (Interactive Intelligence Group, Inc.)
Alterations. Subject to the requirements of Article IX below and any insurers providing insurance coverage thereto, Tenant may make, at its sole cost and expense, such alterations, improvements and additions of any kind to the Premises (collectively referred to herein as the “Alterations”) as Tenant deems desirable in the conduct of its business provided that such Alterations: (a) do not reduce, diminish or otherwise adversely affect the fair market value or utility of the Premises, or any part thereof; (b) do not reduce, diminish or otherwise adversely affect the useful life of the Premises, or any part thereof; and/or (c) do not change the general character or use of the Premises or any part thereof. All alterations, improvements, expansions and additions to the Premises, or any part thereof, shall be made in a good and workmanlike manner and in compliance with applicable laws, ordinances, rules, regulations, codes and requirements and any recorded covenants, conditions or restrictions relating to the Premises, or any part thereof. All alterations, improvements, expansions and additions which are not movable trade fixtures shall be the property of Landlord and shall remain upon and be surrendered with the Premises. To the extent such Alterations involve changes to the structure or systems of the Premises, as reasonably determined by Tenant’s architect or engineer, Tenant shall not permit alterations in or furnish to Landlord, prior to the Leased Premises unless commencement of construction, the proposed plans and until the plans have been approved by Landlord in writingspecifications for Landlord’s approval, which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant shall have the right without Landlord's consent, and upon completion of construction, “as-built” plans and specifications for such Alterations. Landlord shall provide Tenant with its objections, in compliance with all other provisions of this Sectionwriting, to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, Tenant’s proposed plans and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord specifications within fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; 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 after receipt from Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations submit revised plans and building codesspecifications until such time as Landlord has approved Tenant’s proposed plans and specifications for such Alterations. If Landlord fails to object, in a good and workmanlike manner and of quality equal to or better than the 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 Premiseswriting, and nothing in this Lease shall be construed to constitute a consent by Landlord to the creation of any lien. 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, Tenant shall cause such lien to be discharged of record ’s proposed plans and specifications within thirty fifteen (3015) days after filing. Tenant receipt from Tenant, Landlord shall indemnify Landlord from all costs, losses, expenses be deemed to have approved such proposed plans 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 lienspecifications.
Appears in 3 contracts
Samples: Master Lease (Graymark Healthcare, Inc.), Master Lease (Foundation Healthcare, Inc.), Master Lease (Graymark Healthcare, Inc.)
Alterations. Tenant Sublessee shall obtain both Sublessor’s and Master Lessor’s prior written consent to the architect and contractor engaged by Sublessee to perform work in or about the Subleased Premises, which consent Sublessor shall not permit alterations unreasonably withhold. Sublessor agrees that it shall not charge Sublessee any supervisory fee with respect to any alterations, additions or improvements (collectively, “Alterations”) that Sublessee makes to the Subleased Premises, other than any supervisory fee that Master Lessor charges Sublessor with respect thereto (which charge Sublessee shall pay Sublessor as Additional Rent (as defined below) hereunder). Except as modified by this Section, Sublessee shall strictly comply with all obligations of Section 6 of the Master Lease, as incorporated by reference herein. Notwithstanding anything to the contrary contained in this Sublease, (a) if so required in writing by Master Lessor, Sublessee shall remove all Alterations made by or on behalf of Sublessee in or to the Leased Subleased Premises unless (whether or not Sublessor’s consent was required hereunder) at expiration or termination of this Sublease and until restore the plans have been approved Subleased Premises to the condition shown on Exhibit B hereto, ordinary wear and tear and damage caused by Landlord in writingSublessor excepted, which approval as to interior non-structural alterations all at Sublessee’s sole cost and expense, and (b) Sublessee shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant required to obtain Sublessor’s consent (but shall have the right without Landlord's still be required to obtain Master Lessor’s consent, and in compliance with all other provisions of this Section, if applicable) to make any non-structural alterations Alteration to the Leased Subleased Premises which do if (i) (A) the total cost (including soft costs) for such Alteration does not exceed Twenty Thousand Dollars ($20,000), (B) such Alteration does not affect the foundation, roof or any structural component of the Building, (C) such Alteration does not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance ’s mechanical, electrical, plumbing or valuelife safety systems, and the cost of which does (D) Sublessee provides Sublessor with not exceed Forty Five Thousand and 00/100 Dollars fewer than ten ($45,000.0010) in the aggregate, provided that Tenant gives Landlord fifteen (15) days days’ prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition Sublessee’s construction or installation of such approval Alteration, or (or, with respect ii) if Master Lessor consents in writing to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby the Alterations in question and agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to it need not be removed by Tenant and restore the Leased Premises at the end of the Lease Term; otherwiseterm of the Master Lease. Sublessee shall furnish to Sublessor copies of all permits and plans and specifications for all Alterations made by or for Sublessee to the Subleased Premises, whether or not Sublessor’s consent thereto is required hereunder. Sublessee shall pay, when due, 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, regulations and building codes, in a good and workmanlike manner and of quality equal Claims for labor or materials furnished or alleged to have been furnished to or better than for Sublessee at or for use on the 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 Subleased Premises, and nothing in this Lease shall be construed to constitute a consent by Landlord to the creation of any lien. If any mechanic’s lien is filed against the Leased Premises recorded for work claimed to have been done for, or on behalf of, or for or material materials claimed to have been be furnished to Tenantor for Sublessee, Tenant shall cause then Sublessee shall, at its expense, immediately discharge such lien to be discharged lien, by bond or otherwise, on demand of 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 lienSublessor.
Appears in 3 contracts
Samples: Sandisk Corp, Sandisk Corp, Sandisk Corp
Alterations. After the Commencement Date, Tenant shall not make or permit alterations any Alterations in, on or about the Premises, except for nonstructural Alterations not exceeding Twenty-Five Thousand and no/100ths Dollars ($25,000.00) in or to cost during any twelve (12) month period, without the Leased Premises unless and until the plans have been approved by Landlord in writingprior written consent of Landlord, which approval as to interior non-structural alterations consent shall not be unreasonably withheld, conditioned or delayedand according to plans and specifications reasonably approved in writing by Landlord. Notwithstanding the foregoing, Tenant shall have not, without the right without prior written consent of Landlord, make any (i) alterations to the exterior of the Building; (ii) alterations to and penetrations of the roof of the Building; or (iii) alterations visible from outside the Building to which Landlord may withhold Landlord's consentconsent on wholly aesthetic grounds. All Alterations shall be installed at Tenant's sole expense, and in compliance with all other provisions of this Sectionapplicable laws and permit requirements by a licensed contractor, to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; 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, regulations and building codes, done in a good and workmanlike manner conforming in quality and of quality equal to or better than design with the original construction Premises existing as of the BuildingCommencement Date, and shall not diminish the value of either the Building or the Premises. No person All Alterations made by Tenant shall be entitled and become the property of Landlord upon installation and shall not be deemed Tenant's Personal Property; provided, however, that Landlord may, at its option, require that Tenant, at Tenant's expense, remove any or all Alterations installed by Tenant and return the Premises to any lien derived through or under Tenant for any labor or material furnished their condition as of the Commencement Date of this Lease, normal wear and tear excepted and subject to the Leased Premises, and nothing in this Lease shall be construed to constitute a consent by Landlord to the creation provisions of any lienParagraph 23. If Tenant removes any lien is filed against the Leased Premises for work claimed to have been done for Alterations as required or material claimed to have been furnished to Tenantpermitted herein, Tenant shall cause repair any and all damage to the Premises caused by such lien removal and return the Premises to be discharged their condition as of record within thirty (30) days after filingthe Commencement Date, normal wear and tear excepted and subject to the provisions of Paragraph 22. Notwithstanding any other provision of this Lease, Tenant shall indemnify Landlord from all costs, losses, expenses be solely responsible for the maintenance and attorneys' fees repair of any Alterations made by it to the Premises. The provisions of this Paragraph 12 shall not apply to the Tenant Improvements which shall be governed by the provisions set forth in connection with any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lien.the Work Letter Agreement attached as EXHIBIT D.
Appears in 3 contracts
Samples: Media Arts Group Inc, Media Arts Group Inc, Media Arts Group Inc
Alterations. (a) Tenant shall not permit alterations in or to the Leased Premises unless and until Landlord has approved the plans have been approved by Landlord therefor in writing, which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. 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 or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at may require Tenant to remove the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end upon termination of the Lease Termthis 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. However, Tenant shall not be required to remove any such alteration unless at the time Tenant requested Landlord's consent to such installation Landlord notified Tenant in writing that the alteration must be removed at the time of surrendering the Leased Premises. 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 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 Lease shall be construed to constitute a Landlord's consent by Landlord to the creation of any lien. 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, Tenant shall cause such lien to be discharged of 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. Tenant agrees that Duke Construction Limited Partnership or a subsidiary or affiliate of Landlord shall be permitted to bid as general contractor for any alterations to the Leased Premises. In the event Duke Construction Limited Partnership or a subsidiary or affiliate of Landlord is not the general contractor for any alterations to the Leased Premises, (i) Tenant's proposed general contractor is subject to Landlord's prior approval which shall not be unreasonably withheld, conditioned or delayed, (ii) the general contractor shall provide evidence of insurance, and copies of plans and specifications relating to the alterations and (iii) Landlord shall receive a construction management fee equal to three and one-half percent (3.5%) of the cost of such alterations (an "Oversight Fee"). Tenant shall cause said general contractor to comply with Landlord's reasonable building standards, Landlord's reasonable mechanical, electrical and plumbing specifications and Landlord's reasonable rules of conduct.
Appears in 3 contracts
Samples: Office Lease (Tekelec), Office Lease (Tekelec), Office Lease
Alterations. Tenant shall not permit alterations in make or cause to be made any alterations, additions or improvements or install or cause to be installed any fixtures, signs, floor coverings, interior or exterior lighting, plumbing fixtures, or shades or awnings, or make any other changes to the Leased Premises unless and until the plans have been approved by Landlord in writingwithout first obtaining Landlord’s written approval, which approval as to interior non-structural alterations shall not be unreasonably withheld. Tenant shall present to the Landlord plans and specifications for such work at the time approval is sought. In the event Landlord consents to the making of any alterations, conditioned additions, or delayedimprovements to the Leased Premises by Tenant, the same shall be made by Tenant at Tenant’s sole cost and expense. Notwithstanding All such work with respect to any alterations, additions, and changes shall be done in a good and workmanlike manner and diligently prosecuted to completion such that, except as absolutely necessary during the foregoingcourse of such work, the Leased Premises shall at all times be a complete operating unit. Any such alterations, additions, or changes shall be performed and done strictly in accordance with all laws and ordinances relating thereto. In performing the work or any such alterations, additions, or changes, Tenant shall have the right without Landlord's consentsame performed in such a manner as not to obstruct access to any portion of the Building. Any alterations, additions, or improvements to or of the Leased Premises, including, but not limited to, wall covering, fume hoods, darkroom, paneling, and built-in compliance with all other provisions of this Sectioncabinet work, to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systemsbut excepting movable furniture and equipment, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; otherwise, all such alterations shall at Landlord's option once become a part of the realty and shall be surrendered with the property of LandlordPremises, unless Landlord and shall not Tenant agree at any time that the specific improvement may be removed by TenantTenant at the end of the Term provided Tenant restores the premises to its original condition, wear and tear excepted. Tenant If there is an agreement to allow removal, such items which are the subject of agreement shall ensure that all alterations be listed on Exhibit F which agreement, as may be revised by the parties from time to time, shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and part of quality equal to or better than the 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 Lease shall be construed to constitute a consent by Landlord to the creation of any lien. 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, Tenant shall cause such lien to be discharged of 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 lienLease.
Appears in 3 contracts
Samples: Sublease Agreement (Myriad Pharmaceuticals, Inc.), Sublease Agreement (Myriad Pharmaceuticals, Inc.), Sublease Agreement (Myriad Genetics Inc)
Alterations. Tenant Sublessee shall have the right to make alterations, additions and improvements (collectively, hereinafter “Alterations”) to the Premises without obtaining consent of the PDA or Sublessor, provided that (i) such Alterations do not materially adversely affect the soundness, structural integrity, exterior appearance, or useful life of the structure or the systems of the Building, (ii) such Alterations in each instance do not exceed $250,000, and (iii) such Alterations do not require (A) consent of the PDA under Article 15 of the Ground Lease (applied as if Sublessee were the “Sublessee” thereunder) or (B) approval of plans from another governmental agency to obtain any required building or other permit. If applicable, Sublessee shall provide Sublessor with “as built” plans detailing such Alterations at the completion thereof. As long as Sublessor has received at least fifteen (15) business days’ prior notice of such Alterations, Sublessor shall notify Sublessee within such period whether Sublessor shall require Sublessee to remove such Alterations upon the expiration or earlier termination of this Lease. If Sublessor fails to give such notification to Sublessee within such period, Sublessee shall not permit alterations in or be obligated to do so. Notwithstanding anything herein to the Leased Premises unless contrary, Sublessee shall not be obligated to remove or restore any Alterations made as part of or in connection with Sublessor’s Work and until Sublessee’s initial occupancy of the plans Building, including, but not limited to any data, telephone or telecommunications wiring. In addition, Sublessee shall have been the right to install, at its sole cost and expense, a backup generator for the Building in a location to be reasonably determined by Sublessor and Sublessee, subject to the other provisions hereof related to Alterations. Any other Alterations shall require the prior written consent of Sublessor and, to the extent required under the Ground Lease, the PDA, which shall not be unreasonably withheld or delayed subject to and in accordance with the Ground Lease. Sublessor agrees that it shall use commercially reasonable efforts to assist Sublessee in obtaining any consent required from the PDA relating to Alterations so long as Sublessee reimburses Sublessor for any reasonable out-of-pocket costs or expenses incurred by Sublessor in connection therewith. Sublessor may condition its consent to any Alteration requiring Sublessor’s consent hereunder on a requirement that Sublessee remove same upon expiration or earlier termination of the Term of this Lease. All work done in connection with any Alterations shall be done in a good and workmanlike manner employing materials of good quality and in compliance with Article 15 of the Ground Lease and with laws, rules, orders and regulations of governmental authorities having jurisdiction thereof and by contractors approved by Landlord in writingSublessor, which approval as to interior non-structural alterations shall will not be unreasonably withheld, conditioned or delayed. 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 If Sublessee employs outside contractors for Alterations to the Leased Premises which do not materially impact Premises, Sublessee shall be responsible for and shall cause the Building's mechanical or electrical systemscontractor to abide by all reasonable procedures, do not adversely affect rules and regulations as promulgated by Sublessor and/or the Building's appearance or value, and PDA in writing prior to the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice commencement of any such alterations, along Alteration. All Alterations shall be performed in such a manner as to maintain harmonious labor relations and not to damage the Building. Sublessee shall indemnify and hold Sublessor harmless from any damage caused by Sublessee’s contractors. Sublessee agrees to pay to Sublessor all reasonable out-of-pocket costs actually incurred by Sublessor in connection with copies of plans granting its consent to such Alterations (if required) and specifications relating thereto. As a condition of such approval (or, supplying services requested by Sublessee to Sublessee with respect to any alterations permitted to be made the construction by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; 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, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the 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 Lease shall be construed to constitute a consent by Landlord to the creation Sublessee of any lien. 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, Tenant shall cause such lien to be discharged of record Alteration within thirty (30) days after filingof Sublessor’s bill therefor. Tenant Sublessee shall indemnify Landlord cause each contractor performing any Alteration on its behalf to carry worker’s compensation insurance in statutory amounts covering the employees of all contractors and subcontractors, and comprehensive general liability insurance with such limits as Sublessor may require reasonably from time to time during the Base Term or Extension Term, if any, of this Lease, taking into account the complexity and nature of the work and the amount of insurance customarily carried by contractors performing similar work and, if requested by Sublessor, to deliver to Sublessor certificates of all costssuch insurance. Except as otherwise provided herein, losses, expenses and attorneys' fees in connection with any construction or alteration under this Section 7.03, not performed Alterations made by Landlord or an affiliateSublessee, and any related lienpermanent fixtures installed as part thereof shall become the property of Sublessor upon the expiration or other sooner termination of this Lease. Sublessee shall yield up the Premises in the condition the Premises were in on the Rent Commencement Date or as they may be placed during the Term of this Lease, reasonable wear and tear, damage caused by Sublessor’s activities or breach of its repair and maintenance obligations, and damage by fire or other casualty and governmental taking excepted (but in any event, subject to Sublessee’s obligation to remove Alterations as provided in this Lease). Notwithstanding the foregoing or anything in this Lease to the contrary, Sublessee shall have no obligation to remove or restore Sublessor’s Work, any ordinary and customary tenant improvements or Alterations that are typical for general office, manufacturing, R&D/laboratory, and warehouse use, including data, telephone or telecommunications cabling and wiring. All articles of personal property and all business or trade fixtures, machinery and equipment and furniture owned or installed by Sublessee in the Premises including, without limitation, computers, refrigerators, freezers, and water processing systems, shall remain the property of Sublessee and may be installed or removed by Sublessee at any time during the Lease Term or upon the expiration or earlier termination thereof.
Appears in 3 contracts
Samples: Lease (Salient Surgical Technologies, Inc.), Lease (Salient Surgical Technologies, Inc.), Lease (Salient Surgical Technologies, Inc.)
Alterations. Tenant shall not permit alterations in make or cause to be made any alterations, additions or improvements or install or cause to be installed any fixtures, signs, floor coverings, interior or exterior lighting, plumbing fixtures, or shades or awnings, or make any other changes to the Leased Premises unless and until the plans have been approved by Landlord in writingwithout first obtaining Landlord's written approval, which approval as to interior non-structural alterations shall not be unreasonably withheld. Tenant shall present to the Landlord plans and specifications for such work at the time approval is sought. In the event Landlord consents to the making of any alterations, conditioned additions, or delayedimprovements to the Leased Premises by Tenant, the same shall be made by Tenant at Tenant's sole cost and expense. Notwithstanding All such work with respect to any alterations, additions, and changes shall be done in a good and workmanlike manner and diligently prosecuted to completion such that, except as absolutely necessary during the foregoingcourse of such work, the Leased Premises shall at all times be a complete operating unit. Any such alterations, additions, or changes shall be performed and done strictly in accordance with all laws and ordinances relating thereto. In performing the work or any such alterations, additions, or changes, Tenant shall have the right without Landlord's consentsame performed in such a manner as not to obstruct access to any portion of the Building. Any alterations, additions, or improvements to or of the Leased Premises, including, but not limited to, wallcovering, fume hoods, darkroom, paneling, and built-in compliance with all other provisions of this Sectioncabinet work, to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systemsbut excepting movable furniture and equipment, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; otherwise, all such alterations shall at Landlord's option once become a part of the realty and shall be surrendered with the property of LandlordPremises, unless Landlord and shall not Tenant agree at any time that the specific improvement may be removed by TenantTenant at the end of the Term provided Tenant restores the premises to its original condition, wear and tear excepted. Tenant If there is an agreement to allow removal, such items which are the subject of agreement shall ensure that all alterations be listed on Exhibit F which agreement, as may be revised by the parties from time to time, shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and part of quality equal to or better than the original construction of the Buildingthis Lease. No person shall be entitled to any lien derived through or under Tenant for any labor or material furnished The parties have agreed as to the Leased Premises, and nothing in this Lease shall be construed to constitute a consent by Landlord to the creation of any lien. 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, Tenant shall cause such lien to be discharged of 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.items 1 through 8 listed on Exhibit F.
Appears in 3 contracts
Samples: Lease Agreement (Myriad Genetics Inc), Lease Agreement (Myriad Genetics Inc), Lease Agreement (Myriad Genetics Inc)
Alterations. (a) Tenant may, at its expense, including funds made available in the TI Allowance account, make additions to and alterations of the Improvements and construct additional Improvements and make substitutions and replacements for the Improvements (“Alterations”), provided that Tenant delivers a written statement identifying the Alterations being made, when they are being made and their cost and certifying that (i) the Fair Market Value (as defined in Section 2, above) of the Premises shall not be lessened thereby other than in a deminimus manner and such Alterations will not permanently reduce the square footage of the Improvements, (ii) such Alterations shall be completed in a good and workmanlike manner, free of Liens and in compliance with all applicable Legal Requirements and all insurance policies required to be maintained by Tenant hereunder, and (iii) such Alterations will not adversely affect the building systems or structural integrity of the Premises. Prior to commencing any Alteration the cost of which, either alone or together with any other Alterations (other than those of a merely cosmetic nature (e.g. paint, wall and floor coverings, window treatments) made without Landlord’s consent since the last instance in which Landlord provided written consent to Alterations, exceeds Two Million Dollars ($2,000,000), Tenant shall not permit alterations in or to the Leased Premises unless and until the plans have been approved by Landlord in writingfirst obtained Landlord’s written consent, which approval as to interior non-structural alterations consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant Landlord’s consent shall have the right without not be required for Alterations of a merely cosmetic nature. If Landlord's consent, consent is required under this Section 10 and in compliance Landlord has not provided Tenant with all other provisions of this Section, to make any non-structural alterations to the Leased Premises which do not materially impact the BuildingLandlord's mechanical approval or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars disapproval within twenty ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (1520) days prior written notice after Landlord's receipt of any such alterations, along with copies from Tenant of plans and specifications relating thereto. As a condition of and other reasonable information requested from Landlord, and such approval failure continues for ten (or, with respect to any alterations permitted to be made by Tenant hereunder without 10) days after Landlord's approval), Landlord hereby agrees that, upon receipt of written a second request by from Tenant, at the time that Tenant is contemplating alterations, Landlord will inform be deemed to have approved the request. Upon Landlord’s request, Tenant as shall provide Landlord with copies of the plans and specifications, if available for any such additions and alterations. Before making any Alterations, Tenant shall obtain, at its sole cost, including being entitled to whether such proposed alterations will be use funds available in the TI Allowance account, all necessary permits and approvals required to perform the proposed Alteration. All such Alterations shall be removed by Tenant and restore the Leased Premises at the end of the Lease Term; otherwise, all such alterations shall at Landlord's option become a remain part of the realty and the property of Landlord, Landlord and shall not be removed by Tenantsubject to this Lease. Landlord agrees to execute such utility easements, building permit applications, zoning changes and other similar governmental applications as 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 may reasonably deem necessary or better than the 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 Lease shall be construed to constitute a consent by Landlord to the creation of any lien. 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, Tenant shall cause such lien to be discharged of record within thirty (30) days after filing. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys' fees requisite in connection with any construction such addition and/or alteration, provided such utility easements, building permit applications, zoning changes and other similar governmental applications do not result in any on-going liability on the part of Landlord for which Landlord is not indemnified for hereunder or alteration under this Section 7.03change the nature of the Premises when compared to Comparable Buildings. Tenant shall reimburse, not performed upon demand, all out-of-pocket fees and costs reasonably incurred by Landlord or an affiliate, and its successors and assigns in connection with reviewing any related lienrequest for consent to Tenant Alterations.
Appears in 3 contracts
Samples: Lease Agreement, Lease Agreement, Lease Agreement
Alterations. Tenant shall may not permit alterations in make any improvements, alterations, additions or changes to the Leased Premises unless and until or any mechanical, plumbing or HVAC facilities or systems pertaining to the plans have been approved by Premises (collectively, the “Alterations”) without first procuring the prior written consent of Landlord in writingto such Alterations, which approval as consent shall be requested by Tenant not less than ten (10) business days prior to interior non-structural alterations the commencement thereof, and which consent shall not be unreasonably withheldwithheld by Landlord, conditioned provided it shall be deemed reasonable for Landlord to withhold its consent to any Alteration which may violate the CAP Process described in Section 5.3 above, or delayedmay adversely affect the structural portions or the systems or equipment of the Building, or has a material effect on the exterior appearance of the Building when the Building is viewed in its entirety from the street of from a neighboring building. Notwithstanding the foregoing, Tenant shall have the right be permitted to make Alterations without Landlord's ’s prior consent and without prior notice to Landlord (subject to the terms of Article 9, below), to the extent that such Alterations cost less than $10,000.00 for a particular job or work and are strictly cosmetic (such as painting or carpeting). Notwithstanding the foregoing, Tenant shall be permitted to make Alterations following three (3) business days’ prior written notice to Landlord, but without Landlord’s prior 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 or electrical systems, extent that such Alterations (i) do not adversely affect the Building's Building Structure, Building Systems or equipment, (ii) does not have a material effect on the exterior appearance or valueof the Building when the Building is viewed in its entirety from the street of from a neighboring building, (iii) cost more than $10,000.00 but less than $100,000.00 for a particular job of work, and (iv) would not require Tenant to obtain Landlord’s consent pursuant to the cost terms and conditions of which does Section 5.3 of this Lease. The construction of the initial improvements to the Premises shall be governed by the terms of the Tenant Work Letter and not exceed Forty Five Thousand the terms of this Article 8. Tenant’s trade fixtures, furniture, equipment and 00/100 Dollars ($45,000.00) other personal property installed in the aggregatePremises (“Tenant’s Property”) shall at all times be and remain Tenant’s property. For the avoidance of doubt, the items listed on Exhibit N shall be considered Tenant’s Property. Except for Alterations which cannot be removed without structural injury to the Premises or the Building, at any time Tenant may remove Tenant’s Property from the Premises, provided that Tenant gives Landlord fifteen (15) days prior written notice of any repairs all damage caused by such alterations, along with copies of plans removal and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at returns the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end affected portion of the Lease Term; 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, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the original construction of the Building. No person shall be entitled to any lien derived through or under Tenant for any labor or material furnished Premises to the Leased Premises, and nothing in this Lease shall be construed to constitute a consent by Landlord condition that existed prior to the creation installation of any lien. 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, Tenant shall cause such lien to be discharged of 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’s Property.
Appears in 3 contracts
Samples: Office Lease (Square, Inc.), Office Lease (Square, Inc.), Office Lease (Square, Inc.)
Alterations. Tenant shall make no alterations, installations, additions or improvements (excluding minor alterations, installations, additions or improvements, including but not permit alterations limited to paneling, partitions and the installation of Tenant's fixtures hereinafter referred to as "Minor Repairs") in or to the Leased Premises unless and until the plans have been approved by Landlord in writing, without Landlord's prior written consent which approval as to interior non-structural alterations consent shall not be unreasonably withheld, conditioned withheld or delayed. 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 or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives All such work approved by Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; 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 a manner, and by workmen and contractors, reasonably acceptable to Landlord. All alterations, installations, additions or improvements made by or for Tenant to the Premises shall remain upon and be surrendered with the Premises and become the property of Landlord at the expiration or termination of this Lease or upon the termination of Tenant's right to possession of the Premises; provided, however, that Landlord may require Tenant to remove any or all of such items upon the expiration or termination of this Lease or the termination of Tenant's right to possession of the Premises. Tenant shall bear the costs of all removal of Tenant's property from the Premises and all resulting repairs to the Premises. If any work is approved by Landlord, such work shall be performed by Tenant (a) so as not to materially alter the exterior or interior appearance of the Premises except as reasonably approved, (b) so as not to adversely affect the structure, safety, systems, or services of the Premises, (c) to comply with all applicable lawsbuilding, regulations safety, fire and building codesother codes and governmental, quasi-governmental and insurance requirements, (d) so as not to result in any usage in excess of the Premises capacity for water, electricity, gas, heating, ventilating or air-conditioning (either during or after such work), and (e) in such a manner that no mechanic's, materialman's or other similar liens attach to Tenant's leasehold estate and shall be completed promptly and in a good and workmanlike manner manner. In no event shall Tenant permit, or be authorized to permit, any liens (valid or alleged) or other claims to be asserted against Landlord or Landlord's rights, estates and of quality equal to or better than the original construction of the Building. No person shall be entitled to any lien derived through or under Tenant for any labor or material furnished interests with respect to the Leased PremisesPremises or this Lease. Landlord shall have the right, but not the obligation, to remove any such liens at Tenant's cost and nothing in this Lease shall be construed to constitute a consent by Landlord to the creation of any lien. 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, Tenant shall cause such lien to be discharged of 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 lienexpense.
Appears in 3 contracts
Samples: Real Estate Lease (Wastequip Inc), Real Estate Lease (Wastequip Inc), Real Estate Lease (Wastequip Inc)
Alterations. Tenant shall not permit alterations in make no alterations, additions or improvements to the Leased Premises unless and until without the plans have been approved by Landlord in writingprior written consent of Landlord, which approval as to interior non-structural alterations shall not consent may be unreasonably withheld, conditioned given or delayedwithheld in Landlord’s sole discretion. Notwithstanding the foregoing, Tenant Landlord shall have not unreasonably withhold its consent to any alterations, additions or improvements to the right without Premises which cost less than One Dollar ($1.00) per square foot of the improved portions of the Premises (excluding warehouse square footage) and do not (i) affect the exterior of the Building or outside areas (or be visible from adjoining sites), or (ii) affect or penetrate any of the structural portions of the Building, including but not limited to the roof, or (iii) require any change to the basic floor plan of the Premises, any change to any structural or mechanical systems of the Premises, or any governmental permit as a prerequisite to the construction thereof, or (iv) interfere in any manner with the proper functioning of or Landlord's ’s access to any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building, or (v) diminish the value of the Premises. 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 be covered by a lien and in compliance with all other provisions of this Section, completion bond satisfactory to make any non-structural alterations Landlord and requirements as to the Leased Premises which do not materially impact the Building's mechanical or electrical systemsmanner, do not adversely affect the Building's appearance or valuetime, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end contractor for performance of the Lease Term; 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 Tenantwork. Tenant shall ensure that obtain all alterations required permits for the work and shall be made perform the work in accordance compliance with all applicable laws, regulations and building codesordinances, in a good all covenants, conditions and workmanlike manner restrictions affecting the Premises and/or the Site, and of quality equal to or better than the original construction of the Building. No person Rules and Regulations (hereafter defined) Tenant understands and agrees that Landlord shall be entitled to a supervision fee in the amount of five percent (5%) of the cost of any lien derived through such work requiring a permit from the City of Irvine. If any governmental entity requires, as a condition to any proposed alterations, additions or under Tenant for any labor or material furnished improvements to the Leased PremisesPremises by Tenant, that improvements be made to the outside areas of the Site, and nothing if Landlord consents to such improvements to said outside areas, then Tenant shall, at Tenant’s sole expense, make such required improvements to the outside areas in such manner, utilizing such materials, and with such contractors (including, if required by Landlord, Landlord’s contractors) as Landlord may require in its sole discretion. Under no circumstances shall Tenant make any improvement which incorporates any Hazardous Materials, including without limitation asbestos-containing construction materials into the Premises. 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. Unless Landlord otherwise requires in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant’s request, and to repair any damage to the Premises arising from that removal. Any notice to Tenant pursuant to the foregoing shall be given by Landlord concurrently with its consent (following tenant’s request for such consent) for all or any alterations, decorations, fixtures or additions and the like. If such consent for such alterations decorations, fixtures, additions is either not requested by Tenant or is not given by Landlord, then any such notice of removal may be given at any time prior to sixty (60) days following the expiration or earlier termination of the Term of this Lease. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises for Tenant, Landlord shall be construed entitled to constitute a consent by Landlord to the creation of any lien. If any lien is filed against the Leased Premises prompt reimbursement from Tenant for work claimed to have been done for or material claimed to have been furnished to Tenant, Tenant shall cause such lien to be discharged of record within thirty (30) days after filing. 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 liencosts incurred.
Appears in 3 contracts
Samples: Industrial Lease (Intralase Corp), Industrial Lease (Advanced Medical Optics Inc), Industrial Lease (Intralase Corp)
Alterations. Tenant shall not permit alterations in make no alterations, additions or improvements to the Leased Premises unless and until without the plans have been approved by Landlord in writingprior written consent of Landlord, which approval as to interior non-structural alterations consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant shall have but subject to the right without following provisions of this Section, Landlord's consentconsent shall not be required for any alterations, additions or improvements to the Premises during the initial Term which cost less than the Alteration Cost Cap. Alteration Cost Cap means an amount equal to One Dollar and in compliance with 05/00 ($1.05) per rentable square foot of Premises per lease year on a cumulative basis but subject to an aggregate maximum over the initial Term of Five Dollars Twenty-Five Cents ($5.25) per rentable square foot. Any such alterations are subject to all other provisions of this Section. For example, assuming Tenant continues to occupy all of the Building but made no alterations during the first year of the Term, Tenant could make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon prior written request by Tenant, at consent during the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end second year of the Lease Term; otherwiseTerm in an amount up to $114,912.00 (54,720 feet x .1.05 x 2 years). Under this example, all such Tenant's ability to make further alterations shall at during the remainder of the initial Term without Landlord's option become a part consent would be subject to an annual cap of $57,456.00 and an aggregate cap of $172,368.00. Notwithstanding anything to the realty and contrary contained in the property preceding sentences of this Section, without the prior written consent of Landlord, which may be withheld in Landlord's sole and absolute discretion, in no event shall any alteration, addition or improvement: (i) affect the exterior of the Building or outside areas (or be visible from adjoining sites), or (ii) affect or penetrate any of the structural portions of the Building, including but not be removed by Tenantlimited to the roof, or (iii) require any material change to the basic floor plan of the Premises, any change to any structural or mechanical systems of the Premises, or any governmental permit as a prerequisite to the construction thereof, or (iv) interfere in any manner with the proper functioning of or Landlord's access to any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in or serving the Building. 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 requirements as to the manner, time, and contractor mutually acceptable to Landlord and Tenant for performance of the work. Tenant shall ensure that obtain all alterations required permits for the work and shall be made perform the work in accordance compliance with all applicable laws, regulations and building codesordinances, in a good all covenants, conditions and workmanlike manner restrictions affecting the Project, and of quality equal to or better than the original construction of the BuildingRules and Regulations (hereafter defined). No person Tenant understands and agrees that Landlord shall be entitled to a supervision fee in the amount of three percent (3%) of the cost of any lien derived through work which is both in excess of the Alteration Cost Cap, and which requires a governmental permit. If any governmental entity requires, as a condition to any proposed alterations, additions or under Tenant for any labor or material furnished improvements to the Leased PremisesPremises by Tenant, that improvements be made to the Common Areas, and nothing if Landlord consents to such improvements to the Common Areas, then Tenant shall, at Tenant's sole expense, make such required improvements to the Common Areas in such manner, utilizing such materials, and with such contractors (including, if required by Landlord, Landlord's contractors) as Landlord may reasonably require. Under no circumstances shall Tenant make any improvement which incorporates any Hazardous Materials, including, without limitation, asbestos-containing construction materials into the Premises. 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. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. Except as otherwise provided in this Lease or in any exhibit to this Lease, should Landlord make any alteration or improvement to the Premises for Tenant, Landlord shall be construed entitled to constitute a consent by prompt reimbursement from Tenant for all costs incurred. Landlord shall have the right to require Tenant to remove (i) any of the components of the initial Tenant Improvements to the creation Premises but only if Landlord notifies Tenant that such removal will be required at the time of Landlord's approval of the Preliminary Plan, and (ii) any liensubsequent alterations, additions or improvements whether or not Landlord's consent was required unless Landlord's written consent was obtained and unless at the time of providing its consent Landlord notified Tenant in writing that Tenant would not have to remove such items upon the expiration of the Lease Term. 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, Landlord and Tenant agree that Tenant shall cause have the right, upon expiration or termination of this Lease, to remove any and all phone systems, furniture, fixtures and other personal property which are not permanently affixed to the Premises or which may be removed without significant change to the Premises (including floor coverings, draperies, and/or removable shelves) that are installed in the Premises at Tenant's sole expense; provided, however, that Tenant shall, at its sole cost, repair any damage caused by such lien to be discharged of record within thirty (30) days after filing. Tenant shall indemnify Landlord from all costsremoval, losses, expenses reasonable wear 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 lientear excepted.
Appears in 2 contracts
Samples: Lease (Broadcom Corp), Lease (Broadcom Corp)
Alterations. Tenant shall not permit alterations in may make alterations, additions, or improvements to the Leased Premises unless and until (the plans have been approved by Landlord in writing“Alterations”), only with the prior written consent of Landlord, which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned conditioned, or delayed. Notwithstanding 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 foregoingname of Tenant’s contractors and reasonably detailed plans and specifications therefor. The term “Alterations” shall not include the installation of shelves, movable partitions, Tenant’s equipment, and trade fixtures that may 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 within the Premises at Tenant’s expense in compliance with all applicable laws and shall complete all Alterations in accordance with plans and specifications approved 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 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 without Landlord's consent, and in compliance with to post or deliver any notices Tenant shall remove 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 or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises Alterations at the end of the Lease Term; otherwiseterm unless Landlord conditioned its consent upon Tenant leaving a specified Alteration at the Premises, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and in which case Tenant shall not be removed by Tenantremove such Alteration and it shall become Landlord’s property. 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 original construction of the Building. No person shall be entitled to immediately repair any lien derived through or under Tenant for any labor or material furnished damage to the Leased PremisesPremises caused by removal of Alterations. Tenant agrees to and shall indemnify and hold Landlord harmless against all liability, loss, damage, costs, attorneys’ fees and nothing in this Lease shall be construed to constitute a consent by Landlord to the creation other expenses arising from claims of any lien. If any lien is filed against the Leased Premises of laborers or materialmen for work claimed to have been done performed or materials or supplies furnished for or material claimed to have been furnished to Tenant, Tenant shall cause such lien to be discharged of record within thirty (30) days after filing. 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 lienat the Premises.
Appears in 2 contracts
Samples: This Lease Agreement (iCap Vault 1, LLC), This Lease Agreement (iCap Vault 1, LLC)
Alterations. Tenant shall will not permit alterations make any alterations, installations, changes, ----------- replacements, additions, or improvements, structural or otherwise, in or to the Leased Demised Premises, or any part thereof, without the prior written consent of Landlord. All alterations, installations, changes, replacements, additions, or improvements upon the Demised 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 whether with or delayed. Notwithstanding the foregoing, Tenant shall have the right without Landlord's consentconsent will, 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 or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives unless Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; elects otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, without cost to Landlord, and will remain upon and be surrendered with the Demised Premises at the expiration of the Lease, without disturbances, molestation or injury. In the event Landlord shall not elect otherwise, then such alterations, installations, changes, replacements, additions to, or improvements upon the Demised Premises, will be removed by Tenant. Tenant shall ensure that all alterations upon termination of this Lease or upon termination of any renewal period hereof and Tenant agrees to and will restore Demised Premises to the original condition, which shall be made in accordance with all applicable laws, regulations defined as the condition and building codes, in a good and workmanlike manner and of quality equal to or better than the original construction design of the Buildingspace at time of acceptance of the space by Tenant, at Tenant's sole cost and expense, on or before the expiration of the term of this lease or any renewal thereof, and should Tenant fail to remove same, then in such event Landlord will cause same to be removed at Tenant's expense, and Tenant hereby agrees to reimburse Landlord for the cost of such removal, together with any and all damages which Landlord may suffer and sustain by reason of the failure of Tenant to remove the same. No person It is further agreed that Landlord shall be entitled have the right to enter leased area at any lien derived through or under reasonable time with a minimum of inconvenience to Tenant for any labor the purpose of completing, modifying, or material furnished to the Leased Premisesmaintaining space above, and nothing in this Lease shall be construed to constitute a consent by Landlord to the creation below or alongside of any lien. 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, Tenant shall cause such lien to be discharged of 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 liensubject space.
Appears in 2 contracts
Samples: Office Lease (Cais Internet Inc), Office Lease (Cais Internet Inc)
Alterations. Tenant shall not permit All improvements and alterations in or to the Leased Premises unless to be made by Tenant shall be installed at the cost and until the expense of Tenant (which cost shall be payable on demand by Landlord as additional rent), but only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and only by Landlord or by contractors and subcontractors approved in writing, writing by Landlord (which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed). Notwithstanding the foregoing, Tenant shall have the right without Landlord's consent, and in compliance In connection with all other provisions any request for an approval of this Section, to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at Landlord may retain the time that services of an architect and/or engineer and Tenant is contemplating shall reimburse Landlord for the reasonable fees of such architect and/or engineer. All alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, improvements and partitions erected by Tenant made after Lease Commencement and restore the Leased Premises at to its original condition by the end date of termination of this Lease or upon earlier vacating of the Lease TermLeased Premises; otherwiseprovided, all however, that, if at such alterations time Landlord so elects, such alterations, additions, improvements and partitions shall at Landlord's option become a part of the realty and the property of LandlordLandlord as of the date of termination of this Lease or upon earlier vacating of the Leased Premises and title shall pass to Landlord under this Lease as by a xxxx of sale. All such removals and restoration shall be accomplished in a good workmanlike manner by contractors approved in writing by Landlord so as not to damage the primary structure or structural qualities of the Building. All alterations, and shall not be removed additions or improvements proposed by Tenant. Tenant shall ensure that all alterations shall be made constructed in accordance with all applicable governmental laws, ordinances, rules and regulations and building codesTenant shall, in a good prior to construction, provide such assurances to Landlord, including but not limited to, waivers of lien, surety company performance bonds and workmanlike manner and personal guaranties of quality equal individuals of substance, as Landlord shall require to or better than the original construction assure payment of the Buildingcosts thereof and to protect Landlord against any loss from any mechanics', laborers', materialmen's or other liens. No person shall be entitled to any lien derived through or under Tenant for any labor or material furnished to As of the Leased Premises, and nothing in this Lease shall be construed to constitute a consent by Landlord to the creation of any lien. 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 TenantEffective Date, Tenant shall cause such lien be allowed to maintain its signage located on the North side of the exterior of the building as well as interior signs in the first and third floor lobbies, provided that (i) any and all costs to maintain said signs will be discharged of record within paid solely by Tenant, and (ii) upon not less than thirty (30) days after filing. notice, Tenant shall indemnify at its sole cost and expense remove the exterior sign from the Building and repair any and all damage to the Building caused by such removal. In the event Landlord from all costsis installing exterior signage at the time it delivers notice to Tenant to remove its sign, lossesLandlord agrees to pay one-half of the cost of the lift required for the removal of Tenant's sign. Upon the expiration of this Lease, expenses any remaining signs will be removed by Tenant at Tenant's sole expense and attorneys' fees in connection with shall remain the property of Tenant. Except as expressly set forth herein, Tenant shall have no right to install any construction signage on the Property or alteration under this Section 7.03, not performed by Landlord the interior or an affiliate, and any related lienexterior of the Building.
Appears in 2 contracts
Samples: Lease Agreement (Atlas Financial Holdings, Inc.), Lease Agreement (Atlas Financial Holdings, Inc.)
Alterations. Tenant shall not permit material alterations in or to the Leased Premises unless and until Landlord has approved the plans have been approved by Landlord therefor in writing, which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. 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 or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (orapproval, with respect to any specialty alterations permitted (such as private bathrooms, raised computer floors, mezzanines, built-in filing systems and other non-standard office installations) Landlord may require Tenant to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at remove the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end upon termination of the Lease Termthis Lease; otherwise, all such alterations shall at Landlord's ’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, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the 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 Lease shall be construed to constitute a Landlord’s consent by Landlord to the creation of any lien. 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, Tenant shall cause such lien to be discharged of 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. Tenant agrees that at Landlord’s option, Landlord or a subsidiary or affiliate of Landlord, who shall receive a fee as Landlord’s construction manager or general contractor, shall perform or cause to be performed all work on any structural or building-system alterations to the Leased Premises.
Appears in 2 contracts
Samples: Phoenix Blackstone Center Lease (GreenSky, Inc.), Phoenix Blackstone Center Lease (GreenSky, Inc.)
Alterations. Tenant shall not permit alterations in make no alterations, additions or improvements to the Leased Premises unless and until without the plans have been approved by Landlord in writing, which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant shall have the right without prior written consent of Landlord's consent, and in compliance with all other provisions of this SectionLandlord may impose, to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As 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. Landlord shall have the same rights of review and approval (or, with respect to any alterations permitted alterations, additions, and improvements to be made the Premises as described for tenant improvements in Article 7. Tenant covenants and agrees that all work done by Tenant hereunder without 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 approval)own cost and expense, the bonds, in a form reasonably satisfactory to Landlord, for said work naming Landlord hereby agrees that, upon written request by Tenant, at (and such other persons as Landlord may reasonably request) as insureds under the time that Tenant is contemplating bonds. All such alterations, additions or improvements shall become the property of Landlord will inform Tenant and shall be surrendered with the Premises, as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises a part thereof, at the end of the Lease Term; otherwiseterm hereof, all such alterations shall except that Landlord may, by notice to Tenant given 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, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the 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 Lease shall be construed to constitute a consent by Landlord to the creation of any lien. 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, Tenant shall cause such lien to be discharged of record within least thirty (30) days after filingprior to the end of the 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 removal. Tenant shall indemnify Landlord make no alteration, addition or improvement to the Premises that can be seen from all coststhe exterior of the Building or from any common area of the Building, lossesincluding without limitation window treatments, expenses and attorneys' fees in connection with any construction or alteration under this Section 7.03, not performed by Landlord or an affiliatecurtains, and any related lienbinds.
Appears in 2 contracts
Samples: General Office Lease (Micron Electronics Inc), General Office Lease (Micron Electronics Inc)
Alterations. Tenant Pledgor shall not permit obtain Lender’s prior written consent to any alterations in or to the Leased Premises unless and until the plans have been approved by Landlord in writingany Improvements, which approval as to interior non-structural alterations consent shall not be unreasonably withheldwithheld except with respect to alterations that could reasonably be expected to have a material adverse effect on Pledgor’s or Mortgage Borrower’s financial condition, conditioned the value of the related Individual Property, the Collateral or delayedthe Net Operating Income. 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 or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and Lender’s consent shall not be removed by Tenant. 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 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 Lease shall be construed to constitute a consent by Landlord to the creation of any lien. 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, Tenant shall cause such lien to be discharged of record within thirty (30) days after filing. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys' fees required in connection with any construction alterations that will not have a material adverse effect on Pledgor’s or alteration Mortgage Borrower’s financial condition, the value of the related Individual Property, the Collateral or the Net Operating Income, provided that such alterations are made in connection with (a) tenant improvement work performed pursuant to the terms of any Lease executed in accordance with the terms hereof and the Mortgage Loan Agreement, (b) tenant improvement work performed pursuant to the terms and provisions of a Lease and 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, or (c) alterations performed in connection with the Restoration of the related Individual Property in accordance with the terms and provisions of this Agreement and the Mortgage Loan Agreement. If the total unpaid amounts with respect to alterations to the Improvements at the related Individual Property (other than such amounts to be paid or reimbursed by tenants under this Section 7.03the Leases) shall at any time exceed the Alteration Threshold for such Individual Property (the “Threshold Amount”), Pledgor shall promptly deliver or cause to be delivered to Lender as security for the payment of such amounts and as additional security for Pledgor’s obligations under the Loan Documents any of the following: (A) cash, (B) U.S. Obligations, (C) other securities having a rating reasonably 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 initial, or, if higher, then current ratings assigned in connection with any Securitization, or (D) a completion bond or letter of credit issued by a financial institution having a rating by S&P of not performed less than A-1+ if the term of such bond or letter of credit is no longer than three (3) months or, if such term is in excess of three (3) months, issued by Landlord a financial institution having a rating that is reasonably 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 initial, or, if higher, then current ratings assigned in connection with any Securitization. Such security shall be in an affiliateamount equal to the excess of the total unpaid amounts with respect to alterations to the Improvements on the applicable Individual Property (other than such amounts to be paid or reimbursed by tenants under the Leases) over the Threshold Amount and applied from time to time at the option of Lender to pay for such alterations or to terminate any of the alterations and restore the related Individual Property to the extent necessary to prevent any material adverse effect on the value of the related Individual Property. Notwithstanding the foregoing, Pledgor shall be relieved of its obligation to deposit the security for certain alterations described above provided Mortgage Borrower is required to and any related liendoes deliver such security to Mortgage Lender in accordance with the Mortgage Loan Documents and Lender received evidence acceptable to Lender of the delivery of such security.
Appears in 2 contracts
Samples: Mezzanine a Loan Agreement (KBS Real Estate Investment Trust, Inc.), Mezzanine a Loan Agreement (KBS Real Estate Investment Trust, Inc.)
Alterations. Tenant shall not permit alterations make no alterations, installations, changes or additions in or to the Leased Premises unless and until or the plans have been Project (collectively, "ALTERATIONS") without Landlord's prior written consent. Any Alterations approved by Landlord must be performed in accordance with the terms hereof, using only contractors or mechanics approved by Landlord in writingwriting and upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, which approval as to interior non-structural alterations be prepared and submitted by Tenant at its sole cost and expense. Tenant shall not at its sole cost and expense obtain all necessary approvals and permits pertaining to any Alterations. Tenant shall cause all Alterations to be unreasonably withheldperformed in a good and workmanlike manner, conditioned or delayedin conformance with all applicable federal, state, county and municipal laws, rules and regulations, pursuant to a valid building permit, and in conformance with Landlord's construction rules and regulations. Notwithstanding the foregoingIf Landlord, in approving any Alterations, specifies a commencement date therefor, Tenant shall have not commence any work with respect to such Alterations prior to such date. Notwithstanding anything to the right contrary contained herein, Tenant may make strictly cosmetic changes to the finish work in the Premises (the "COSMETIC ALTERATIONS") without Landlord's consent, and in compliance with all other provisions of this Section, to make any non-structural alterations to provided that the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the aggregate cost of which any such alterations does not exceed Forty Five Thousand [***], and 00/100 Dollars ($45,000.00) in the aggregate, further provided that such alterations do not (i) require any structural or other substantial modifications to the Premises, (ii) require any changes to, nor adversely affect, the systems and equipment of the Project, and (iii) affect the exterior appearance of the Project. Tenant gives shall give Landlord at least fifteen (15) days prior written notice of any such alterationsCosmetic Alterations, along with copies of plans and specifications relating theretowhich notice shall be accompanied by reasonably adequate evidence that such changes meet the criteria contained in this Article 9. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees thatto indemnify, upon written request 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 Premises by Tenant, or at the time that request of Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; 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, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the 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 Lease shall be construed to constitute a consent by Landlord to the creation of any lien. 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, Tenant shall cause such lien to be discharged of 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 lienAlterations.
Appears in 2 contracts
Samples: Office Lease (Lindows Inc), Office Lease (Lindows Inc)
Alterations. Tenant Borrower shall not permit alterations in or to the Leased Premises unless and until the plans have been approved by Landlord in writingobtain Lender's prior written consent, which approval as to interior non-structural alterations consent shall not be unreasonably withheld, conditioned withheld or delayed. 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 or electrical systemsImprovements, do not adversely affect the Building's appearance or value, and the cost of which does is reasonably anticipated to exceed $1,000,000 (the "THRESHOLD AMOUNT") or that will have a material adverse effect on Borrower's financial condition, the use, operation or value of the Trust Property or the net operating income with respect to the Trust Property, other than (a) tenant improvement work performed pursuant to the terms of any Lease executed on or before the date hereof, (b) tenant improvement work performed pursuant to the terms and provisions of a Lease executed after the date hereof and not exceed Forty Five Thousand 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 the terms and 00/100 Dollars provisions of this Deed of Trust) or ($45,000.00c) alterations performed in connection with the aggregaterestoration of the Trust Property after the occurrence of a Casualty or Condemnation in accordance with the terms and provisions of this Deed of Trust. If Lender fails to respond to a request for consent under this paragraph 7 within ten (10) Business Days of receipt thereof, such consent shall be deemed granted, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of request shall have been accompanied by all information requested by Lender or reasonably necessary for Lender to evaluate such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; 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 have clearly stated, in 14 point type or greater, that all alterations if Lender fails to respond to such request within ten (10) Business Days, Lender's consent 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 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 Lease shall be construed to constitute a consent by Landlord to the creation of any lien. If any lien is filed against the Leased Premises for work claimed deemed to have been done granted. If Lender refuses to grant such consent, Lender shall specify in writing the reasons for such refusal. Any approval by Lender of the plans, specifications or material claimed working drawings for alterations of the Trust 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 have been furnished to Tenant, Tenant shall cause such lien to be discharged of record within thirty (30) days after filingLender. Tenant shall indemnify Landlord from all costs, losses, expenses If the total unpaid amounts due 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.payable with
Appears in 2 contracts
Samples: Waiver and Agreement (Maguire Properties Inc), Cash Management Agreement (Maguire Properties Inc)
Alterations. Tenant shall not permit alterations in make or allow to be made any alterations, additions or improvements to the Leased Premises unless and until Premises, either at the plans have been approved by 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 in writing, which approval as to interior non-structural alterations 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 unreasonably withheldcommenced 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, conditioned or delayedlawful ordinances, etc. Notwithstanding the foregoingFurther, Tenant shall have 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 right without Landlord's consentPremises. All repairs, alterations, additions, 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 or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made restoration by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be hereinafter required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; 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 or permitted shall be made in accordance with all applicable laws, regulations and building codes, done in a good and workmanlike manner and in compliance with all applicable laws and lawful ordinances, by-laws, regulations and orders of quality equal to any federal, state, county, municipal or better than other public authority and of the original construction insurers of the Building. No person Tenant shall not permit liens of any kind to be entitled to imposed upon the Premises or Building and Tenant shall discharge of record any lien derived through such liens or under 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, 2005 (8:51 pm) reviewing and approving or disapproving plans and specifications for any labor alterations proposed by Tenant, and as a deposit against such obligation Tenant shall submit to Landlord with each request to make any alteration, additions or material furnished improvements to the Leased Premises, Premises a deposit of Five Hundred Dollars ($500). Landlord shall refund all or any part of such deposit not actually expended or incurred by Landlord for reviewing and nothing in this Lease approving or disapproving Tenant’s plans as permitted herein. Tenant shall be construed to constitute a consent also reimburse Landlord for the costs of any increased insurance premiums incurred by Landlord to include such alterations in the creation of any lienLandlord’s all risk insurance coverage requirements set forth in Section 5.01; provided, however, that Landlord shall be required to include the Tenant’s alterations under Landlord’s all risk insurance only to the extent such insurance is actually obtained by Landlord and such alterations are insurable under Landlord’s insurance. If any lien is filed against such Tenant alterations are not or cannot be included in the Leased Premises for work claimed to have been done for or material claimed to have been furnished to Tenantcoverage of Landlord’s insurance, Tenant shall cause such lien to be discharged of record within thirty (30) days after filinginsure the alterations under Tenant’s all risk insurance policy or policies as set forth in Section 5.01. Tenant shall indemnify Landlord from all costsrequire 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, losseson behalf of Tenant and at Tenant’s sole cost and expense, expenses and attorneys' fees in connection before proceeding with any construction alteration the cost of which exceeds Five Thousand Dollars ($5,000) a completion and lien indemnity bond, or alteration under this Section 7.03other surety, not performed by reasonably satisfactory to Landlord or an affiliate, and for such alteration. Landlord may require proof of such insurance prior to commencement of any related lienwork on the Premises.
Appears in 2 contracts
Samples: Lease (Zogenix, Inc.), Consent to Assignment Agreement (Zogenix, Inc.)
Alterations. Tenant shall not permit alterations in or to the Leased Premises unless and until the plans and the contractor have been approved by Landlord in writing, which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. 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 or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at may require Tenant to remove the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end upon termination of the Lease Termthis 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. In the event Landlord's consent is required for an alteration, Landlord will notify Tenant at the time it gives consent whether the alteration must be removed at the termination of this Lease. 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 original construction of the Building. Upon 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 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 lien. 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, Tenant shall cause such lien to be discharged of 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.
Appears in 2 contracts
Samples: Lease Agreement (Asset Acceptance Capital Corp), Lease Agreement (Asset Acceptance Capital Corp)
Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 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, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit alterations any Alterations in or to the Leased Premises unless without first obtaining Landlord’s consent, which consent shall not be unreasonably withheld. With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and until necessary permits for the plans Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have been approved by Landlord in writingadequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. Notwithstanding (iii) the foregoingAlteration shall be constructed with new materials, Tenant shall have the right without Landlord's consentin a good and workmanlike manner, and in compliance with all other provisions Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary, and (v) upon Landlord’s 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 property of Tenant until the expiration or termination of this SectionLease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, to make in which event Tenant will remove it, will repair any non-structural alterations resulting damage and will restore the Premises to the Leased Premises which do not materially impact 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 Building's mechanical Alterations at the expiration or electrical systemstermination of this Lease. Tenant may install its trade fixtures, do not adversely affect the Building's appearance or value, furniture and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) equipment in the aggregatePremises, provided that Tenant gives Landlord fifteen (15) days prior written notice the installation and removal of them will not affect any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end structural portion of the Lease Term; otherwiseProperty, all such alterations shall at Landlord's option become a part of any Building System or any other equipment or facilities serving 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, regulations and building codes, in a good and workmanlike manner and of quality equal to Building or better than the 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 Lease shall be construed to constitute a consent by Landlord to the creation of any lien. 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, Tenant shall cause such lien to be discharged of 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 lienoccupant.
Appears in 2 contracts
Samples: Lease Agreement (PhaseBio Pharmaceuticals Inc), Lease Agreement (PhaseBio Pharmaceuticals Inc)
Alterations. Tenant Borrower shall not alter, remove or demolish or permit alterations the alteration, removal or demolition of, any Improvement except as the same may be necessary in connection with (i) a Restoration in connection with a taking or casualty in accordance with the terms and conditions of the Agreement, (ii) Required Capital Improvements in accordance with the terms and conditions of the Agreement and (iii) other Alterations permitted in accordance with the terms and conditions of this Section 7.14. If no Event of Default exists, Borrower may undertake any alteration, improvement, demolition or removal of Improvements or any portion thereof (any such alteration, improvement, demolition or removal, an “Alteration”) so long as (1) Borrower provides Lender with at least thirty (30) days’ prior notice of any such Alteration, (2) such Alteration is undertaken in accordance with the applicable provisions of this Agreement, is not prohibited by, and is in full compliance with, and does not violate, any Material Contracts or Legal Requirements and does not, during Construction and upon completion, have a Material Adverse Effect, (3) Borrower provides Lender with evidence, satisfactory to Lender, that Borrower has sufficient funds to complete and pay all of the Leased Premises unless costs of the Alterations, (4) such Alteration does not eliminate or materially modify any amenity (e.g., health club) available to tenants and until their employees or customers, (5) such Alteration is in the plans nature of (x) Required Capital Improvements permitted under this Agreement, (y) a Restoration required or permitted under the Agreement or (z) if not in the nature of the Alterations contemplated by (x) or (y), such Alteration has been consented to by Lender (such consent will not be unreasonably withheld, conditioned or delayed in the case of Alterations the cost of which, as estimated by Lender, does not exceed $50,000) and (6) prior to commencement and from time to time upon request from Lender, Borrower delivers an Officer’s Certificate certifying that conditions (1)-(5), inclusive, have been satisfied. Any Alteration shall, unless Lender otherwise approves or the Agreement otherwise provides, be conducted under the supervision of an independent architect approved by Landlord in writingLender (an “Independent Architect”). No Alteration shall be undertaken until Lender has approved plans and specifications and cost estimates for the Alterations, which approval as prepared by such Independent Architect or another Person approved by Lender, such approvals not to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything contained in this Section 7.14 to the foregoingcontrary, Tenant Borrower shall have the right without Landlord's consent, and in compliance with all other provisions of this Section, to make any non-structural alterations Alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systemsImprovements, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand $500,000 per Alteration, without Lender’s consent and 00/100 Dollars without complying with clauses ($45,000.003)-(5) in the aggregateset forth above; provided, provided however, that Tenant gives Landlord fifteen Borrower shall provide Lender with prior written notice at least ten (1510) days prior written notice to commencing such Alteration and prior to commencing any permitted Alteration, Borrower shall have delivered to Lender a copy of any such alterations, along with copies of the proposed plans and specifications relating thereto. As a condition of for such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; 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, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the 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 Lease shall be construed to constitute a consent by Landlord to the creation of any lien. 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, Tenant shall cause such lien to be discharged of 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 lienAlteration.
Appears in 2 contracts
Samples: Loan and Security Agreement (Lexicon Pharmaceuticals, Inc.), Loan and Security Agreement (Lexicon Pharmaceuticals, Inc./De)
Alterations. Tenant shall not permit alterations in make, or suffer to be made, any alterations, improvements or additions in, on, about or to the Leased Premises unless and until or any part thereof (“Alterations”), without the plans have been approved by prior written consent of Landlord in writing, which approval as (not to interior non-structural alterations shall not be unreasonably withheld) and/or without a valid building permit issued by the appropriate governmental authority, conditioned where required. As a condition to giving such consent, Landlord may require that Tenant agree to remove any Specialty Alterations in accordance with the 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 Lease. 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 Tenant’s request for consent to any 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 delayed. Notwithstanding the foregoingdisapproval within such fifteen (15) day period, Tenant shall have the right without Landlord's consentto 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, and in compliance with all other provisions of this Section, THEN LANDLORD SHALL BE DEEMED TO HAVE APPROVED THE ALTERATIONS DESCRIBED HEREIN.” If Landlord fails to make any non-structural alterations respond to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord such Second Request within fifteen (15) calendar days prior written notice after receipt by Landlord, the plans in question shall be deemed approved by Landlord. Without limiting the generality of any such alterationsthe foregoing, along with copies of plans all heating, lighting, electrical (including all wiring, conduit, outlets, drops, xxxx ducts, main and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approvalsub-panels), Landlord hereby agrees thattelephone/components, upon written request air conditioning, partitioning, drapery, and carpet installations made by Tenant, at regardless of how affixed to the time Premises, together with all other Alterations that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; otherwise, all such alterations shall at Landlord's option have become a an integral part of the realty Building, shall be and become the property of Landlordthe Landlord upon termination of the Lease, and shall not be removed deemed trade fixtures, and shall remain upon and be surrendered with the Premises at the termination of this Lease. If, during the Term hereof, any Alteration is required by law, regulation, ordinance or order of any public agency as a result of Tenant. 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 original construction ’s use 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 Lease shall be construed to constitute a consent by Landlord to the creation of any lien. 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 Tenantpurposes other than office use, Tenant shall cause promptly make the same at its sole cost and expense. If during the Term, any alteration, addition, or change to the Common Area is Required by law, regulation, ordinance or order of any public agency, Landlord shall make the same and the cost of such lien to alteration, addition or change shall be discharged of record within thirty (30) days after filing. a Common Area Charge and Tenant shall indemnify pay Tenant’s Pro Rata Share of said cost to Landlord from all costs, losses, expenses and attorneys' fees as provided in connection with any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienParagraph 12 above.
Appears in 2 contracts
Samples: Building Lease Agreement (Sumo Logic, Inc.), Building Lease Agreement (Sumo Logic, Inc.)
Alterations. Tenant shall not permit alterations in or (a) Provided that no Lease Event of Default has occurred and is continuing, at any time and from time to the Leased Premises unless time, Lessee, at its sole cost and until the plans have been approved by Landlord in writingexpense, which approval as to interior may make (1) non-structural alterations Alterations to the Property; and (2) structural Alterations to the Property costing less than $1,000,000 (the “Threshold Amount”) without notice or consent, and structural Alterations in an amount at or above the Threshold Amount after giving prior written notice to Lessor, the Servicer, the Indenture Trustee and the Surety, and obtaining Lessor’s, the Servicer’s (acting on behalf of the Indenture Trustee) and the Surety’s prior written consent, which shall not be unreasonably withheld, conditioned or delayed; provided that no Alteration (whether consent is necessary or not) shall (i) impair in any material respect the utility, remaining useful life, or current or residual fair market value of the Property, in each case assuming that the Improvements are then being operated and maintained in accordance with this Article 8, (ii) cause the Property to be characterized as “limited use property” (as described in Section 5.02 of Revenue Procedure 2001-28), (iii) remove any Nonseverable equipment now or hereafter on the Property (unless to replace it with similar equipment), (iv) increase in any material respect the risk of liability to the Lessor or the Indenture Trustee under any Environmental Laws, or (v) materially and permanently reduce the usable square footage of the Improvements, or would materially weaken, temporarily (other than during construction or repair of the structure) or permanently, the structure of the Improvements or any part thereof, or reduce the permitted uses thereof under applicable zoning or land use laws so as to materially reduce the current or residual fair market value of the Property. Any Alterations not expressly permitted hereunder shall require Lessor’s, the Indenture Trustee’s and the Surety’s consent, not to be unreasonably withheld, conditioned or delayed. The foregoing Threshold Amount shall be increased on every annual anniversary date of the Closing Date in the same proportion that the CPI increases over such annual period. Notwithstanding the foregoingrequirements for notice and consent set forth above, Tenant shall Lessee may, in good faith, make any repairs (structural or non-structural) required by virtue of an emergency, without satisfying any otherwise applicable notice and/or consent requirement, provided Lessee notifies Lessor of such repair (to the extent otherwise required) as promptly as is reasonably practical, after the emergency and obtains Lessor’s, the Servicer’s (acting on behalf of the Indenture Trustee) and the Surety’s approval thereof (if consent would otherwise have been required) in the right without Landlord's consentmanner required in Section 8.3(c) below, to the repairs made, and in compliance with all other otherwise satisfies the provisions of this Section, to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; otherwiseSection 8.3, all as promptly as practicable. Lessor shall approve any work already performed or being performed unless such alterations shall at Landlord's option become a part work either violates the terms 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, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the 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 Lease shall be construed to constitute a consent by Landlord to the creation of any lien. 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, Tenant shall cause such lien to be discharged of 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 lienviolates Applicable Law.
Appears in 2 contracts
Samples: Lease Agreement (Vistra Energy Corp), Lease Agreement (Vistra Energy Corp)
Alterations. 8.1 Tenant agrees that any repairs, alterations, other improvements or installations made by Tenant to or upon the Demised Premises shall be done in a good workmanlike manner and in conformity with all laws, ordinances and regulations of all public authorities having jurisdiction, that new materials of good quality shall be employed therein, that the structure of the Demised Premises shall not be endangered or impaired thereby, that the Demised Premises shall not be diminished in value thereby, and that, except for signs, antennae, and heating and air conditioning and utilities equipment Tenant is permitted to erect and maintain pursuant to the provisions of this lease, neither the perimeter of the Demised Premises nor the height of the Demised Premises shall be increased without the written consent of Landlord. Tenant agrees that Tenant shall not permit make any alterations in or to the Leased foundation, roof, exterior walls, gutters, downspouts, canopy or any structural parts of the Demised Premises unless without first submitting plans and until the plans have been approved by specifications thereof to Landlord. Landlord in writing, which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant shall have the right without Landlord's consentto disapprove of the same if, and in compliance with all other only if, the same violate any of the preceding provisions of this Section, Section 8.1. Failure of Landlord to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written give notice of any such alterations, along with copies approval or disapproval of said plans and specifications relating theretowithin thirty (30) days after Xxxxxx's submission thereof to Landlord shall be deemed approval. As In addition, Tenant shall give Landlord prior notice of all alterations costing more than $75,000 (as increased each year by the CPI Index as defined in Section 5.1(B)) so that Landlord has a condition reasonable opportunity to post a notice of such approval (ornon-responsibility, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time except that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; 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 lawsbreach of this obligation unless it fails to give prior notice, regulations and building codes, a mechanic's lien is recorded against Xxxxxxxx's fee interest in a good and workmanlike manner and of quality equal to or better than the 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 Demised Premises, and nothing in this Lease shall be construed Tenant fails to constitute a consent by Landlord to the creation of any lien. 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, Tenant shall cause such lien to be discharged of record within thirty (30) days after filingas provided in Section 8.5 hereof. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys' fees All salvage in connection with any construction or alteration under work done by Tenant pursuant to the provisions of this Section 7.03, not performed Article may be disposed of by Landlord or an affiliate, Xxxxxx. It is agreed and understood that Xxxxxxxx will accept the Demised Premises as altered pursuant to the provisions hereof without any related lienobligation upon Tenant to restore the Demised Premises to their former condition.
Appears in 2 contracts
Samples: Agreement (Basic Us Reit Inc), Agreement (Basic Us Reit Inc)
Alterations. (a) Tenant shall not make, or permit alterations in to be made, any alterations, additions or improvements to the Leased Premises unless and until Premises, or any part thereof, without the plans have been approved by Landlord in writingprior written consent of Landlord, which approval as to interior non-structural alterations consent shall not be unreasonably withheld. Normal repair and maintenance work, conditioned including painting and re-carpeting, shall not be deemed to be an alteration, addition or delayedimprovement to the Premises. Any alterations, additions or improvements to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the foregoingcontrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord's consent, ’s consent so long as Tenant provides Landlord with plans and in compliance with all other provisions specifications for the installation of this Section, Tenant’s security system prior to make the installation thereof and provided further that Landlord shall have reasonable approval rights over any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will may be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; 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 install Tenant. 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 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 Lease shall be construed to constitute a consent by Landlord to the creation of any lien. 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, Tenant shall cause such lien to be discharged of 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’s security system.
Appears in 2 contracts
Samples: Lease Agreement (Silk Road Medical Inc), Lease Agreement (Silk Road Medical Inc)
Alterations. Except as provided in the immediately preceding subparagraph, Tenant shall not permit make no structural or material alterations in or additions to the Leased Premises unless ("Alterations") or Alterations having a cost in excess of sixty thousand dollars ($60,000.00) in any one instance without the prior written consent of Landlord, which consent shall not be withheld, delayed or conditioned, and until the plans have been then only by contractors or mechanics approved by Landlord in writing, writing (which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned delayed or delayedconditioned) and upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, to be prepared and submitted by Tenant, at its sole cost and expense. Notwithstanding anything to the foregoingcontrary contained herein, Tenant shall have the right without Landlord's consent, not be required to deliver plans and in compliance with all other provisions of this Section, specifications to make any Landlord for non-structural alterations to the Leased Premises which (i.e. alterations that do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance structure or valuethe Building's systems. Tenant shall, at its sole cost and expense, obtain all necessary approvals and permits pertaining to any Alterations approved by Landlord. Tenant hereby indemnifies, defends and agrees to hold Landlord free and harmless from all liens and claims of lien, and the cost of which does not exceed Forty Five Thousand all other liability, claims and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice demands arising out of any such alterationswork done or material supplied to the Premises by or at the request of Tenant in connection with any Alterations. If permitted Alterations are made, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to they shall be made by Tenant hereunder without at Tenant's sole cost and expense and shall be and become the property of Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time except that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to specialty Alterations may be removed by Tenant and restore the Leased Premises at the end of the Lease Term; otherwiseTerm (and Tenant shall repair any damages to the Premises caused by such removal) provided, all such alterations shall however, that Landlord may inform Tenant, if requested by Tenant at Landlord's option become a part the time of the realty making of such Alteration, that Landlord will require Tenant, at Tenant's expense, to remove any specialty Alteration at the end of the Term and to repair any damages to the property Premises caused by such removal. Any and all costs attributable to or related to the applicable building codes of Landlord, and shall not be removed by the city in which the Building is located (or any other authority having jurisdiction over the Building) arising from Tenant. Tenant shall ensure that all alterations 's improvements shall be made in accordance with all applicable lawspaid by Tenant at its sole cost and expense. With regard to repairs, regulations and building codesAlterations or any other work arising from or related to this Article 5, in a good and workmanlike manner and of quality equal to or better than the original construction of the Building. No person Landlord shall be entitled to any lien derived through or under receive an administrative/supervision fee up to a maximum of five percent (5%), only in cases where Tenant orders the work directly from Landlord, in addition to a sum sufficient to compensate Landlord for any labor or material furnished all third party out-of-pocket costs of Landlord. The construction of initial improvements to the Leased PremisesPremises shall be governed by the terms of the Tenant work letter, attached hereto as Exhibit C, and nothing in not the terms of this Lease Article 5. Landlord shall not be construed to constitute a consent by Landlord to the creation of due any lien. If any lien is filed against the Leased Premises for work claimed to have been done for review or material claimed to have been furnished to Tenant, Tenant shall cause such lien to be discharged of record within thirty (30) days after filing. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys' fees management fee in connection with any the construction of Tenant's Work or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienTenant's move-in.
Appears in 2 contracts
Samples: Lease (Archemix Corp.), Office Lease (Archemix Corp.)
Alterations. Following the construction of any Tenant shall Improvements to the Premises under Article 4 above, Tenant will not permit alterations thereafter make any alterations, repairs, additions or improvements in or to the Leased Premises unless and until (for purposes of this Article, any of the plans have been approved by foregoing being referred to as the “Work”) which (a) exceeds $200,000.00 in the aggregate during any 12-month period, (b) is visible from the exterior of the Building or (c) would add, disturb or in any way adversely change any Building Systems or structural portions of the Building, without the prior written consent of the Landlord in writing, (which approval as to interior non-structural alterations consent shall not be unreasonably withheld, conditioned or delayed) as to the character of the Work, the manner of doing the Work including payment and financial security mechanisms associated therewith, and the contractor(s) doing the Work. Notwithstanding the foregoing, if reinforcement of the floor or any slab is required, as reasonably determined by Tenant’s architect, then Tenant may perform such Work subject to reasonably conditions which Landlord may impose as Landlord deems necessary or appropriate. For the Tenant Improvements and as a condition to Landlord’s consent to Work proposed by Tenant, Landlord may impose such conditions with respect thereto as Landlord reasonably deems appropriate, including, without limitation, requiring Tenant to remove such Tenant Improvements or Work at the end of the Term and repair any damages resulting from such removal (which shall be deemed required in the absence of Landlord’s written consent or agreement to the contrary), insurance against liabilities that may arise out of such Work, plans and specifications approved by Landlord and permits necessary for such Work. If such Work is performed by contractor(s) not retained by Landlord, Tenant shall upon completion of such Work, (i) deliver to Landlord evidence that payment for all such Work has been made by Tenant, contractors’ affidavits and full and final mechanic’s lien waivers and (ii) for Work requiring Landlord’s consent, pay to Landlord a construction supervision fee of four percent (4%) of the total hard cost of such Work, but in no event less than $500.00 to reimburse Landlord for the costs incurred by its construction manager in inspecting and supervising such Work (for avoidance of doubt, no such fee shall be required with respect to the Tenant Improvements). All such Work shall be done in a good and workmanlike manner using quality materials and shall comply with all applicable governmental laws, ordinances, rules and regulations. Tenant agrees to indemnify and hold Landlord free and harmless from any liability, loss, cost, damage or expense (including reasonable attorney’s fees) by reason of any of such Work. The provisions of Article 17 of this Lease Agreement shall apply to all Work performed under this Article. Notwithstanding anything to the contrary herein, Tenant shall have the right to retain its own licensed and appropriately insured and bonded contractor to make future alterations which are cosmetic in nature, not visible from the exterior, and do not impact building structure or Building Systems without Landlord's consent, ’s consent and in compliance with all other provisions of this Section, no overhead charges paid to make any non-structural alterations to same (provided that the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the aggregate cost of which such alterations in any 6-month period, measured as one project, does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) the threshold set forth in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end first sentence of the Lease Term; 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, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the 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 Lease shall be construed to constitute a consent by Landlord to the creation of any lien. 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, Tenant shall cause such lien to be discharged of 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 lienimmediately preceding paragraph).
Appears in 2 contracts
Samples: Lease Agreement (SomaLogic, Inc.), Lease Agreement (SomaLogic, Inc.)
Alterations. Tenant may, from time to time, at its expense, make alterations or improvements in and to the Premises (hereinafter collectively referred to as “Alterations”), provided that Tenant first obtains the written consent of Landlord, which consent shall not permit alterations in be unreasonably withheld or delayed. All of the following shall apply with respect to all Alterations: (a) the Alterations are non-structural and the structural integrity of the Property shall not be affected; (b) the Alterations are to the Leased Premises unless and until interior of the plans have been Premises; (c) subject to the modifications approved by Landlord in writingwriting to the mechanical, electrical, heating, ventilating, air-conditioning (“HVAC”) which are part of the Tenant Improvements, the proper functioning of the HVAC, sanitary and other service systems of the Property shall not be affected and the usage of such systems by Tenant shall not be increased; (d) Tenant shall have appropriate insurance coverage, reasonably satisfactory to Landlord, regarding the performance and installation of the Alterations; and (e) Tenant shall have provided Landlord with reasonably detailed plans for such Alterations in advance of requesting Landlord’s consent. Additionally, before proceeding with any Alterations, Tenant shall (i) at Tenant’s reasonable expense, obtain all necessary governmental permits and certificates for the commencement and prosecution of Alterations; (ii) if Landlord’s consent is required for the planned Alteration, submit to Landlord, for its written approval, working drawings, plans and specifications and all permits for the work to be done and Tenant shall not proceed with such Alterations until it has received Landlord’s approval (if required), which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned withheld or delayed; and (iii) cause those contractors, materialmen and suppliers engaged to perform the Alterations to deliver to Landlord certificates of insurance (in a form reasonably acceptable to Landlord) evidencing policies of commercial general liability insurance (providing the same coverages as required in Section 10.2 above) and workers’ compensation insurance. Notwithstanding Such insurance policies shall satisfy the foregoing, obligations imposed under Section 10.2. Tenant shall have cause the right without Landlord's consent, and Alterations to be performed in compliance with all other provisions applicable permits, Laws and requirements of this Sectionpublic authorities, to make any and with Landlord’s reasonable, non-structural alterations to discriminatory rules and regulations or any other reasonable restrictions that Landlord may impose on the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; 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 TenantAlterations. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, cause the Alterations to he diligently performed in a good and workmanlike manner manner, using new materials and equipment at least equal in quality and class to the standards for the Property reasonably established by Landlord. Tenant shall provide Landlord with “as built” plans, copies of quality equal all construction contracts, governmental permits and certificates and proof of payment for all labor and materials, including, without limitation, copies of paid invoices and final lien waivers. If Landlord’s consent to any Alterations is required, and Landlord provides that consent, then at the time Landlord so consents, Landlord shall also advise Tenant whether or better than not Landlord shall require that Tenant remove such Alterations at the original construction expiration or termination of this Lease. If Landlord requires Tenant to remove the Alterations, then, during the remainder 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 Lease shall be construed to constitute a consent by Landlord to the creation of any lien. 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 TenantTerm, Tenant shall cause be responsible for the maintenance of appropriate commercial property insurance (pursuant to Section 10.2) therefor; however, if Landlord shall not require that Tenant remove the Alterations, such lien Alterations shall constitute Landlord’s Property and Landlord shall be responsible for the insurance thereof, pursuant to be discharged of 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 lien10.1.
Appears in 2 contracts
Alterations. (a) Tenant shall not permit make any alterations in to or to modifications of the Leased Premises unless and or construct any improvements within the Premises until the plans Landlord shall have been approved by Landlord first approved, in writing, which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. 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 or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating theretotherefor, which approval may be withheld in Landlord's sole discretion. As a condition of All such approval (ormodifications, with respect to any alterations permitted to or improvements, once so approved, shall be made made, constructed or installed by Tenant hereunder without Landlordat Tenant's approvalexpense (including all permit fees and governmental charges related thereto), Landlord hereby agrees thatusing a licensed contractor first approved by Landlord, upon written request by Tenant, at in substantial compliance with the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed Landlord-approved plans and specifications therefor. All work undertaken by Tenant and restore the Leased Premises at the end of the Lease Term; 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 done in accordance with all applicable laws, regulations Laws and building codes, in a good and workmanlike manner and using new or like-new materials of quality equal to good quality. Tenant shall not commence the making of any such modifications or better than alterations or the original construction of the Building. No person any such improvements until (i) all required governmental approvals and permits shall be entitled have been obtained, (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 any lien derived through or under Tenant for any labor or material furnished to the Leased Premisescommence such work so that Landlord may post and file notices of non-responsibility, and nothing in this Lease shall be construed to constitute a consent (iv) if requested by Landlord to the creation of any lien. 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 TenantLandlord, Tenant shall cause such lien have obtained contingent liability and broad form builder's risk insurance in an amount satisfactory to be discharged 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 Tenant make any modification, alterations or improvements whatsoever to the Common Areas or the exterior or structural components of record within thirty (30) days after filingthe Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Premises. Tenant As used in this Article, the term "modifications, alterations and/or improvements" shall indemnify Landlord from all costsinclude, losseswithout limitation, expenses and attorneys' fees in connection with any construction the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienthe like.
Appears in 2 contracts
Samples: Office Lease (Maker Communications Inc), Office Lease (Maker Communications Inc)
Alterations. Tenant shall not make or permit alterations in to be made any altexxxxxns, additions, modifications or improvements to the Leased Premises unless (including without limitation painting and until carpeting) without the plans have been approved by Landlord in writingprior written consent of Landlord, which approval as to interior non-structural alterations shall consent will not be unreasonably withheld, conditioned provided that such alterations, additions, modifications or delayedimprovements are not structural or involve Building systems in which case Landlord’s consent may be withheld in Landlord’s sole discretion. Notwithstanding If Tenant desires to make any such alterations, additions, modifications or improvements, a duplicate set of plans for the foregoing, Tenant same shall first be submitted to and approved by Landlord and Landlord shall have the right without Landlord's consent, to request reasonable revisions and in compliance with all other provisions of this Section, to make any non-structural alterations corrections to the Leased Premises which do not materially impact the Building's mechanical or electrical systemsplans, do not adversely affect the Building's appearance or value, and the cost all of which does not exceed Forty Five Thousand corrections and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to revisions shall be made incorporated by Tenant hereunder without (with revised duplicate sets delivered to Landlord's approval), Landlord hereby agrees that, upon written request . All such work shall be done by Tenant, at the time its own expense, and Tenant agrees that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; 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 work shall be made in accordance with all applicable laws, regulations and building codes, done in a good and workmanlike manner (Landlord having the right to approve all contractors, all of whom shall be bonded and of quality equal to or better than properly licensed) in accordance with the original construction approved plans therefor and all applicable Requirements, that the structural integrity of the BuildingBuilding shall not be impaired, that no liens shall attach to the Premises or the Property by reason therefor, and that Tenant will secure all necessary permits pertaining to the aforementioned alterations, additions, modifications or improvements. No person Tenant shall reimburse Landlord upon demand therefor for all reasonable costs and expenses incurred by Landlord in connection with its review of such plans and the inspection of the work contemplated thereby. Tenant has no authority or power, express or implied, to create or cause to be entitled created or to consent to any lien, charge or encumbrance of any kind against the Premises or the Property. Tenant shall pay before delinquency all costs for work done or caused to be done by Tenant in the Premises which could result in any lien derived through or under Tenant for encumbrance on Landlord’s interest in the Property or any labor or material furnished part thereof, shall keep the title to the Leased PremisesProperty and every part thereof free and clear of any lien or encumbrance with respect to such work and shall indemnify and hold harmless Landlord against any claim, and nothing loss, lien, cost, demand or legal or other expense, whether in this Lease shall be construed to constitute a consent by Landlord to the creation respect of any lien, injury to person or property (including the Building) or otherwise, arising out of the work performed or to be performed at the Premises or the supply of material, services or labor for such work. Tenant shall immediately notify Landlord of any such lien, claim of lien or other action of which it has knowledge and which affects the title to the Property or any part thereof and shall cause the same to be removed within ten (10) days, failing which Landlord may take such action as Landlord deems necessary to remove the same and the cost thereof (including reasonable attorneys’ fees) shall be immediately due and payable by Tenant to Landlord. All alterations, additions, improvements and fixtures (other than Tenant’s personal property, provided the same are installed at no cost or expense to Landlord) which may be made or installed by either party upon the Premises shall be and remain the property of Landlord and shall remain upon and be surrendered with the Premises, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Premises to its original condition, taking into account normal wear and tear, at Tenant’s sole cost and expense and Tenant shall pay the entire cost of such removal. If Tenant fails to remove such property and restore the Premises as aforesaid, Landlord may do so and Tenant shall pay the entire cost thereof to Landlord within ten (10) days after Tenant’s receipt of Landlord’s written demand therefor. In connection with the installation of any lien is filed against the Leased Premises for work claimed to have been done for or material claimed to have been furnished to Tenantalterations, additions, modifications and improvements, including without limitation, any described in Article 2 hereof, Tenant shall cause such lien to be discharged responsible for and pay any construction management fee charged by the property manager, provided the fee does not exceed ten percent (10%) of record within thirty (30) days after filing. Tenant shall indemnify Landlord from all the sum of hard costs, lossessoft costs and permit fees of any such installation of alterations, expenses and attorneys' fees additions, modifications or improvements; provided, however, that the construction management fee shall not exceed five percent (5%) with respect to the initial Tenant Improvements described in connection with any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lien2.4.
Appears in 2 contracts
Samples: Office Lease (Technest Holdings Inc), Office Lease (Technest Holdings Inc)
Alterations. Tenant shall not permit alterations in make, without the prior written consent of Landlord, any alterations, additions or improvements to the Leased Premises unless and until the plans have been approved by Landlord in writingPremises; provided, which approval as to interior however, Landlord's prior consent shall not be required if such alteration (i) is a non-structural alterations alteration which does not affect any systems of the Building and (ii) will cost, for any one such alteration, less than $50,000. Landlord shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant shall have the right without Landlord's withhold such consent, and in compliance with all other provisions of this SectionLandlord shall be deemed to have consented to any request by Tenant for a consent, to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which if Landlord does not exceed Forty Five Thousand and 00/100 Dollars respond to such request within fourteen ($45,000.0014) in the aggregatedays thereafter, provided that Tenant gives shall have first furnished to Landlord fifteen (15) days for approval plans and specifications, names and addresses of contractors, copies of contracts, and instruments of indemnification against any and all claims, costs, expenses, damages and liabilities which may arise in connection with such work, all in such form, substance and amount as may be satisfactory to Landlord. In addition, prior written notice to commencement of any such work or delivery of any materials into the Premises, Tenant shall provide Landlord with necessary permits and licenses and appropriate evidence of Tenant's ability to pay for such work and materials in full, and if requested by Landlord, shall deposit with Landlord at such time such security for the payment of said work and materials as Landlord may require. All alterations, along additions and improvements shall be installed in a good, workmanlike manner and only new, high-grade materials shall be used. Tenant further agrees to hold Landlord harmless from any and all liabilities of every kind and description which may arise out of or be connected in any way with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating said alterations, additions or improvements. Before commencing any work in connection with such alterations, additions or improvements, Tenant shall furnish Landlord will inform Tenant as to whether such proposed alterations will with certificates of insurance from all contractors performing labor or furnishing materials insuring Landlord against any and all liabilities which may arise out of or may be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; otherwiseconnected in any way with said alterations, 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 Tenantadditions or improvements. 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 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 Lease shall be construed to constitute a consent by permit Landlord to supervise construction operations in connection with the creation foregoing work if Landlord requests to do so. Tenant shall pay the cost of all such alterations, additions and improvements, as well as the cost of decorating the Premises occasioned by such alterations, additions and improvements, including the cost of labor and materials. Upon completing any lien. If any lien is filed against the Leased Premises for work claimed to have been done for alterations, additions or material claimed to have been furnished to Tenantimprovements, Tenant shall cause such lien to be discharged of record within thirty (30) days after filing. Tenant shall indemnify furnish Landlord from all costs, losses, expenses and attorneyswith contractors' fees affidavits in connection with any construction or alteration under this Section 7.03, not performed form required by Landlord or an affiliatelaw, and any related lienfull and final waivers of lien and receipted bills covering all labor and materials expended and used. All alterations, additions and improvements shall comply with all insurance requirements and with all city and county ordinances and regulations and with the requirements of all state and federal statutes and regulations.
Appears in 2 contracts
Samples: Lease (Autocam International LTD), Lease (Autocam International LTD)
Alterations. Tenant shall not permit alterations in make no alterations, additions or improvements to the Leased Premises unless and until the plans have been approved by Landlord in writing(whether structural or non-structural) without Landlord's prior written consent, which approval as to interior non-structural alterations shall not consent may be unreasonably withheldwithheld for any reason. If any alteration, conditioned addition or delayed. Notwithstanding the foregoingimprovement is made by Tenant without such consent, Tenant Landlord shall have the right without to require Tenant to remove the same at any time during the Term. If Tenant shall request Landlord's consentconsent for any alterations, additions or improvements, then Tenant shall submit detailed plans, specifications and an itemized budget for making such alterations, additions or improvements. Landlord may impose any conditions to any consent as Landlord shall in its discretion deem to be necessary or advisable, including without limitation the hours when work may be performed. Any approved alteration, addition or improvement shall be made only by contractors or mechanics approved by Landlord. Tenant shall provide Landlord with as-built plans and specifications for any alterations, additions or improvements. Tenant covenants and agrees that all work done by Tenant shall be performed in full compliance with all other provisions laws, rules, orders, ordinances, regulations, permits and requirements of this Section, any insurance rating bureau used by insurers selected to make any non-structural alterations to the Leased Premises which do not materially impact the Buildingcarry Landlord's mechanical or electrical systems, do not adversely affect the Building's appearance or valueinsurance, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; 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 Tenantsimilar body. Tenant shall ensure that pay, when due, 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 original construction of the Building. No person shall be entitled to any lien derived through or under Tenant claims for any labor or material materials furnished to the Leased Premises, and nothing in this Lease shall be construed to constitute a consent by Landlord to the creation of any lien. If any lien is filed against the Leased Premises for work claimed to have been done for or material claimed alleged to have been furnished to Tenantor for Tenant at or for use on the Premises, which claims are or may be secured by any mechanics or materialmen's lien against the Premises or any interest therein. If Tenant shall, in good faith, contest the validity of any such lien, claim or demand, then Tenant shall, at its sole expense defend and protect itself, Landlord, and the Premises against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against the Landlord or the Premises. In addition, Landlord may require Tenant to pay Landlord's attorneys' fees and costs in participating in such action if Landlord shall decide it is to its best interest to do so. Before commencing any work, Tenant shall cause such lien to be discharged of record within thirty give Landlord at least ten (3010) days after filing. Tenant shall indemnify written notice of the proposed commencement of such work and shall, if required by Landlord, secure at Tenant's own cost and expense, a completion and lien indemnity bond satisfactory to Landlord from all costsfor said work and such other comprehensive general public liability insurance, losses, expenses and attorneys' fees in connection with any construction or alteration under this Section 7.03, not performed by Landlord or an affiliatebuilders risk insurance, and any related lienother such insurance coverages so as to protect the insurable interests of Landlord, Tenant, contractors and subcontractors in amounts and on forms as may be requested by Landlord. Landlord may enter upon the Premises, in such case, for the purpose of posting appropriate notices, including, but not limited to, notices of non-responsibility.
Appears in 2 contracts
Samples: Work Letter Agreement (Maxim Pharmaceuticals Inc), Lease Termination Agreement (Maxim Pharmaceuticals Inc)
Alterations. Tenant (a) Subtenant shall not permit make any alterations in or to the Leased Premises unless and until without the plans have been approved by Landlord in writing, prior written consent of Sublandlord (which approval as to interior non-structural alterations consent Sublandlord shall not be unreasonably withheld, conditioned or delayed. 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 or electrical systems, do not adversely affect the Building's appearance or valuewithhold), and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars Prime Landlord ($45,000.00to the extent required by the Prime Lease) in each instance, and without complying with the aggregate, provided that Tenant gives Landlord provisions of the Prime Lease. Sublandlord shall request Prime Landlord’s consent to any such alterations by Subtenant promptly upon Subtenant’s request. In the event Sublandlord fails to respond to any request for alterations made by Subtenant in writing (“Original Alterations Notice”) within fifteen (15) business days prior written after Sublandlord’s receipt of such request, then Subtenant may resubmit such request in writing to Sublandlord with a notice set forth at the top of its request for approval, containing a legend in 14 point bold type which states in bold and all-capital letters: “URGENT NOTICE OF WAIVER OF RIGHTS BY SUBLANDLORD,” and the content of such notice identifies this Section and Article 6 of the of the Prime Lease and further states in bold and all capital letters: “IF SUBLANDLORD FAILS TO RESPOND TO THIS NOTICE WITHIN THREE (3) BUSINESS DAYS AFTER SUBLANDLORD’S RECEIPT OF SAME, THEN SUBLANDLORD’S CONSENT TO THE PROPOSED ALTERATIONS SHALL BE DEEMED TO HAVE BEEN GIVEN” (“Second Alterations Notice”). In the event Sublandlord receives a Second Alterations Notice, and if Sublandlord fails to respond thereto within such three (3) business day period, then Sublandlord’s consent solely to the alterations set forth in the Second Alterations Notice (if and only if such alterations have not been amended or modified in any way from those set forth in the Original Alterations Notice), shall automatically deemed to have been given. Nothing contained in the foregoing to the contrary shall in any way release Subtenant from the obligation to procure the Prime Landlord’s consent to any alterations, nor shall Sublandlord’s approval, or deemed approval, of any such alterationsalterations constitute Prime Landlord’s consent to same, along with copies of plans and specifications relating theretonor otherwise bind Prime Landlord in any way. As a condition of such approval (orSimilarly, with respect Prime Landlord’s consent to any alterations permitted shall in no way constitute Sublandlord’s consent to be made by Tenant hereunder without same, nor, in way, bind Sublandlord. Prime Landlord's approval), Landlord hereby agrees that, upon written ’s required response to a request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end for its approval of the Lease Term; 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 any alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal pursuant to or better than the original construction terms 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 PremisesPrime Lease, and nothing in this Lease Sublandlord shall be construed have no liability to constitute a consent by Landlord Subtenant for Prime Landlord’s failure to comply with the creation of any lien. 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, Tenant shall cause such lien to be discharged of 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 lienterms thereof.
Appears in 2 contracts
Alterations. Tenant shall not permit All improvements and alterations in or to the Leased Premises unless to be made by Tenant shall be installed at the cost and until the expense of Tenant (which cost shall be payable on demand by Landlord as additional rent), but only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and only by Landlord or by contractors and subcontractors approved in writing, writing by Landlord (which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed). Notwithstanding the foregoing, Tenant shall have the right without Landlord's consent, and in compliance In connection with all other provisions any request for an approval of this Section, to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at Landlord may retain the time that services of an architect and/or engineer and Tenant is contemplating shall reimburse Landlord for the reasonable fees of such architect and/or engineer. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this Lease and Tenant shall, unless Landlord will inform Tenant otherwise elects as to whether such proposed alterations will be required to be removed hereinafter provided, remove all alterations, improvements and partitions erected by Tenant and restore the Leased Premises at to its original condition by the end date of termination of this Lease or upon earlier vacating of the Lease TermLeased Premises; otherwiseprovided, all however, that, if at such alterations time Landlord so elects, such alterations, additions, improvements and partitions shall at Landlord's option become a part of the realty and the property of LandlordLandlord as of the date of termination of this Lease or upon earlier vacating of the Leased Premises and title shall pass to Landlord under this Lease as by a xxxx of sale. All such removals and restoration shall be accomplished in a good workmanlike manner by contractors approved in writing by Landlord so as not to damage the primary structure or structural qualities of the Building. All alterations, and shall not be removed additions or improvements proposed by Tenant. Tenant shall ensure that all alterations shall be made constructed in accordance with all applicable governmental laws, ordinances, rules and regulations and building codesTenant shall, in a good prior to construction, provide such assurances to Landlord, including but not limited to, waivers of lien, surety company performance bonds and workmanlike manner and personal guaranties of quality equal individuals of substance, as Landlord shall require to or better than the original construction assure payment of the Building. No person shall be entitled costs thereof and to protect Landlord against any lien derived through loss from any mechanics', laborers', materialmen's 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 lien. 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, Tenant shall cause such lien to be discharged of 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 lienother liens.
Appears in 2 contracts
Samples: Lease Agreement (Atlas Financial Holdings, Inc.), Lease Agreement (Atlas Financial Holdings, Inc.)
Alterations. Tenant shall not make (or permit alterations in to be made) any change, addition or improvement to the Leased 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 until 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 plans have been approved by prior written consent of Landlord in writing, which approval as not to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant shall have the right without ; (d) is made pursuant to plans and specifications approved in writing in advance by Landlord's consent, and in compliance ; (e) with all other provisions of this Section, respect to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and Alterations the cost of which does not is expected to exceed Forty Five One Hundred Thousand and 00/100 Dollars ($45,000.00100,000.00), 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 aggregateforegoing 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 gives delivers to Landlord written notice of such Acceptable Changes (the “Acceptable Change Notice”) at least fifteen (15) days prior written notice 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 on behalf of Tenant in compliance with the other provisions of this Article 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 (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”). Tenant shall pay for all overhead, general conditions, fees and other costs and expenses of any such alterationsAlterations, along and shall pay to Landlord all actual, out-of-pocket costs incurred by Landlord in connection with copies such Alterations. Except as otherwise provided hereinbelow, all such Alterations (including all articles attached to the floor, wall or ceiling of plans and specifications relating theretothe Premises) shall become the property of Landlord. As a condition Landlord may, at Landlord’s election, cause such Alterations to be (A) surrendered with the Premises as part thereof at the termination or expiration of the 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 approval removal repaired by Tenant; provided, however, with respect to Alterations made or caused to be made by Tenant with Landlord’s consent, Tenant shall have no obligation to remove such Alterations unless at the time Landlord approved the final working drawings for any such Alterations (or, with respect to any alterations permitted to be made by Tenant hereunder without Acceptable Change, no later than thirty (30) days after Landlord's approval’s receipt of the Acceptable Change Notice applicable thereto), Landlord hereby agrees thatLandlord, upon by written request by notice to Tenant, identified those Alterations which Landlord would require Tenant to remove at the time that expiration or earlier termination of the Term of this Lease, in which event Tenant is contemplating alterations, Landlord will inform Tenant as to whether shall remove such proposed alterations will be required to be removed by Tenant and restore identified Alterations on or before the Leased Premises at expiration of the end Term of the Lease Term; otherwise, all and repair any damage resulting from such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenantremoval. Tenant shall ensure that reimburse, indemnify, defend and hold harmless Landlord from and against all alterations shall costs, liens, claims, damages, losses, liabilities and expenses, including reasonable attorneys’ fees, which may arise out of, or be made connected in accordance with all applicable lawsany way with, regulations and building codes, in a good and workmanlike manner and any such Alterations. Within thirty (30) days following the imposition of quality equal to or better than the original construction of the Building. No person shall be entitled to any lien derived through or under Tenant for resulting from 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 lien. 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 Tenantsuch Alterations, Tenant shall cause such lien to be discharged released of record within thirty (30) days after filing. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys' fees in connection with any construction by payment of money or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienposting of a proper bond.
Appears in 2 contracts
Samples: Lease Agreement (Fusion-Io, Inc.), Lease Agreement (Fusion-Io, Inc.)
Alterations. Tenant shall not permit have the right to make alterations in or physical additions (including fixtures) to the Leased Premises unless subject to the following limitations: (i) such alterations and until additions will not impair the structural integrity of the Building, (ii) such alterations and additions will not affect the mechanical, electrical and plumbing systems of the Leased Premises so that they will bear a load in excess of that for which they were originally designed, (iii) such alterations and additions shall be accomplished in a good and workmanlike manner and in accordance with all applicable governmental requirements, (iv) Tenant obtains all applicable governmental permits and approvals required in connection with such alterations or additions; (v) Tenant shall deliver “as-built” plans have been approved by in a CADD format for any alterations to Landlord in writingpromptly after completion and (vi) Landlord’s approval shall be obtained, which approval as not to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed, for any project with a cost of greater than $150,000, provided, however if Landlord has not responded to Tenant’s request for approval within seven (7) business days following its receipt of said request, Landlord will be deemed to have approved such request. Notwithstanding If Tenant, in its sole discretion, elects to engage Landlord to provide construction management services related to any Tenant alterations in the foregoingProject, Tenant shall have pay Landlord a fee equal to ten percent (10%) of the right without Landlord's consentcost to cover overhead if the work is less then $20,000 and five percent (5%) of such cost if the work is $20,000 or more. If Tenant does not elect to engage Landlord to provide construction management services related to any alterations in the Project, Tenant shall be required to pay Landlord an administrative fee of one and in compliance with all other provisions one-half percent (1.5%) of this Section, to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand such alterations for Landlord’s review and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end oversight of the Lease Term; 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, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the 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 Lease shall be construed to constitute a consent by Landlord to the creation of any lien. 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, Tenant shall cause such lien to be discharged of 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 lienalterations.
Appears in 2 contracts
Samples: Office Lease Agreement (Exterran Holdings Inc.), Office Lease Agreement (Exterran Energy Solutions, L.P.)
Alterations. Except for non-structural alterations and alterations that do not affect building HVAC, plumbing or other systems all of which not to exceed $25,000.00 per calendar year, Tenant shall not permit alterations in or to the Leased Premises unless and until Landlord has approved the plans have been approved by Landlord therefor in writing, which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. 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 or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at may require Tenant to remove the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end upon termination of the Lease Termthis Lease; otherwise, all such alterations shall at Landlord's ’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, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the 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 Lease shall be construed to constitute a Landlord’s consent by Landlord to the creation of any lien. 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, Tenant shall cause such lien to be discharged of 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.
Appears in 2 contracts
Samples: Lease (Material Sciences Corp), Lease (Material Sciences Corp)
Alterations. Tenant shall not permit alterations in or to the Leased Premises unless and until the plans have been approved by Landlord in writingmake any Alterations without obtaining Landlord’s prior written consent, which approval as to interior except that Tenant may make interior, non-structural alterations shall not be unreasonably withheldAlterations without such consent upon at least fifteen (15) days’ prior notice to Landlord, conditioned or delayed. 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 or electrical systems, do not adversely affect the Building's appearance or value, and provided that the cost of which thereof does not exceed Forty Five an aggregate amount of Fifty Thousand and 00/100 Dollars ($45,000.0050,000.00) annually. Any Alterations requiring Landlord’s consent shall be presented to Landlord in 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 aggregate, provided that Tenant gives Landlord permits and the plans and specifications at least fifteen (15) days prior written notice before the commencement of the work, (iii) comply with all conditions of said permits in a prompt and expeditious 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 completion of any such alterationsAlterations, along Tenant shall, at Tenant’s sole cost and expense, promptly upon completion, furnish Landlord with copies a reproducible copy of plans as-built drawings and specifications relating theretofor any Alterations. As a condition of such approval (or, with respect to Any Tenant Work for any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; 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 Alterations shall be made done at Tenant’s sole cost and expense in accordance with all applicable laws, regulations Laws and building codes, in a good and workmanlike manner manner. Landlord shall cooperate at no out of pocket cost to Landlord in securing any necessary permits and of quality equal approvals with respect to the Alterations. All Alterations which may be made on the Premises shall, at the expiration or better than the original construction termination of the Building. No person shall Term, become the property of Landlord and remain upon and be entitled to any lien derived through or under Tenant for any labor or material furnished to surrendered with the Leased Premises, and nothing in this Lease shall be construed to constitute a consent by Landlord to the creation of any lien. 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, Tenant shall cause such lien to be discharged of record within thirty (30) days after filing. Tenant shall indemnify reimburse Landlord from all costsfor its reasonable, losses, expenses and attorneys' fees actual out-of-pocket costs incurred in connection with its review of plans, specifications and other materials for any construction Alterations made by Tenant within ten (10) days of Tenant’s receipt of an invoice for such costs from Landlord. Notwithstanding anything to the contrary in the Lease, in no event shall Landlord take possession, custody or alteration control of any regulated property or assets of Tenant that would require Landlord to be authorized to do so under this Section 7.03the Act, not performed 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 Landlord or an affiliate, and any related lienthe Regulator) to enforce such rights hereunder.
Appears in 2 contracts
Samples: Lease Agreement (Columbia Care Inc.), Lease Agreement (Columbia Care Inc.)
Alterations. During the Term, Tenant shall not permit have the right, at its discretion and its sole cost, without Landlord's consent, to make (i) any alterations in or modifications to the Leased interior of the Building necessary or desirable in order to bring the Premises unless into conformity with Tenant's then-current prototype for similarly sized stores (provided same complies with the regulations of the City of Chico and until does not affect the plans have been approved by Landlord in writing, which approval as to structural integrity of the Building) and (ii) any interior non-structural alterations or modifications it may desire. With Landlord's consent, which shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant shall have the right without right, at its sole cost, to alter, modify or reconstruct the exterior and/or structure of the Building or Other Improvements. Landlord's consentwithholding 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, add 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 if such Mortgagee fails or refuses to grant such approval. Tenant shall cause all such alterations to be lien-free (in accordance with paragraph 13) and made and completed at Tenant's cost in a workmanlike manner and in compliance with all other provisions applicable law. Should Landlord's consent be required, conceptual plans and specifications for such work shall be provided to Landlord prior to commencement of this Sectionany such work. Landlord shall be deemed to have consented to such work if written notice of disapproval, to make any non-structural alterations to the Leased Premises which do with reasons specified, is not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that received by Tenant gives Landlord within fifteen (15) business days prior written notice following Tenant's delivery of any such alterations, along with copies of plans and specifications relating theretoto Landlord. As a condition Without cost or expense to Landlord, Landlord shall cooperate with Tenant in the obtaining of any and all licenses, building permits, certificates of occupancy or other governmental approvals which may be required in with any such modifications or alterations, and Landlord shall execute, acknowledge and deliver any documents reasonably required in furtherance of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; 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, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the 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 Lease shall be construed to constitute a consent by Landlord to the creation of any lien. 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, Tenant shall cause such lien to be discharged of 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 lienpurposes.
Appears in 2 contracts
Samples: Agreement (Basic Us Reit Inc), Agreement (Basic Us Reit Inc)
Alterations. Tenant shall not permit alterations in make no structural alterations, additions or improvements to the Leased Premises unless without the express prior written consent of Landlord which consent shall not be unreasonably withheld or delayed, except that Tenant may alter any wall that is not of a load-bearing nature without the consent of Landlord. Tenant may make non-structural changes and until modifications to the plans Premises without Landlord's approval. In the event Landlord has not responded to Tenant's written request for alterations within fifteen (15) days of when received, such alteration shall be deemed to have been approved by Landlord. Tenant agrees to save Landlord harmless on account of any claim or lien of mechanics, materialmen or other party, in writingconnection with any alterations, which approval additions or improvements of or to the Premises performed by Tenant. Tenant shall furnish such waivers of liens and appropriate affidavits from the general contractor or subcontractors as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayedLandlord may reasonably request. Notwithstanding the foregoing, Tenant shall have also be entitled to make the right following changes without necessity of 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 or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars : ($45,000.00i) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted required to be made by Tenant hereunder without Landlord's approval)it pursuant to governmental orders, Landlord hereby agrees thatrules, upon written request by Tenantlaws, at the time that Tenant is contemplating alterationsregulations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlordordinances or requirements, and shall not be removed (ii) any changes in its signage (provided such are in compliance with local ordinances and any restrictive covenants affecting the Premises) or those recommended or required by Tenantthe automobile manufacturer whose automobiles are sold on the Premises. Tenant shall ensure that all have the right to finance any alterations shall be made in accordance with all applicable laws, regulations or improvements permitted hereunder and building codes, in a good and workmanlike manner and of quality equal to or better than the 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 may pledge its interest in this Lease shall be construed to constitute a consent by Landlord to the creation of as security therefor; provided, however, that any lien. 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, Tenant shall cause such lien to be discharged of record within thirty (30) days after filing. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys' fees liens granted in connection with any construction or alteration such financings shall be subordinate to the rights of Landlord under this Section 7.03, not performed by Landlord or an affiliate, and any related lienLease.
Appears in 2 contracts
Samples: Lease Agreement (United Auto Group Inc), Charles Evans Nissan Property Lease Agreement (United Auto Group Inc)
Alterations. Tenant shall not permit alterations in or be permitted to the Leased Premises unless make, at its sole cost and until the plans have been approved by Landlord in writingexpense, which approval as to interior 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 or permit any other alterations or additions (individually, an “Alteration”, and collectively, “Alterations”) to the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheldwithheld so long as any such Alteration does not affect the Building systems, conditioned structural integrity or delayedstructural components of the Premises or Building. Notwithstanding the foregoingIf any such Alteration is expressly permitted by Landlord, 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 or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars deliver at least ten ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (1510) days prior written notice to Landlord, from the date Tenant commences construction, 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 such alterations, along work and deliver a copy of same to Landlord. All Alterations shall be (i) at Tenant’s sole cost and expense in accordance with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect which have been previously submitted to any alterations permitted to be made and approved in writing by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; 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 installed by Tenant. Tenant shall ensure that all alterations shall be made a licensed, insured (and bonded, at Landlord’s option) contractor (reasonably approved by Landlord) in accordance compliance with all applicable lawsLaws, regulations Development Documents, Recorded Matters, and building codes, Rules and Regulations and (ii) performed in a good and workmanlike manner and of quality equal so as not to or better than the original construction obstruct access to any portion of the BuildingProject or any business of Landlord or any other tenant. 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 Landlord’s approval of any lienplans, specifications or working drawings for Tenant’s Alterations shall neither create nor impose any responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with any Laws. 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 TenantAs Additional Rent, Tenant shall cause such lien to be discharged of record reimburse Landlord, within thirty ten (3010) days after filingdemand, for 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 the total cost of the Alterations. If Tenant makes any Alterations, Tenant shall carry “Builder’s All Risk” insurance, in an amount approved by Landlord and such other insurance as Landlord may require. All such Alterations shall be insured by Tenant in accordance with Section 12 of this Lease immediately upon completion. Tenant shall indemnify Landlord keep the Premises and the Lot on which the Premises are situated free from all costsany liens arising out of any work performed, lossesmaterials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, expenses and attorneys' fees in connection with prior to commencing any construction or alteration under this Section 7.03Alterations, not performed (a) cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required by Landlord or an affiliateLandlord, and (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 and against any related lienmechanic’s, materialmen’s or other liens.
Appears in 2 contracts
Samples: Lease Agreement (Endwave Corp), Lease Agreement (GigOptix, Inc.)
Alterations. Tenant Landlord agrees to install at Landlord’s cost and expense, the improvements described in EXHIBIT C attached hereto (the “Improvements”), all of which shall not permit alterations be and remain the property of Landlord. Landlord shall perform such work diligently in a good and workmanlike manner in substantial conformance with the plans and specifications attached as EXHIBIT C (including the drawings, schedules, specifications and AutoCAD Files referenced therein) or otherwise approved by Tenant, and in accordance with all applicable governmental laws, rules, regulations and other requirements. Landlord will apply for and obtain all permits, licenses and certificates necessary for installation of the Improvement described in EXHIBIT C. All other improvements, alterations, additions, partitions, fixtures, removals and restoration to the Leased Premises unless (the “Tenant’s Improvements”) shall be installed at the cost and until the plans have been expense of Tenant (which cost shall be payable on demand as Rent to Landlord), but only if such improvements, alterations, partitions, fixtures, removals and/or restorations are: (i) approved in advance by Landlord in writing, which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed; (ii) made in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord; (iii) performed in accordance with and in compliance with all governmental laws, ordinances, rules and regulations; (iv) made or performed only by Landlord or by contractors and subcontractors approved in writing by Landlord (which approval shall not be unreasonably withheld); and (v) performed in a good workmanlike manner and diligently prosecuted and so as not to damage the structure or structural qualities of the Building. Notwithstanding the foregoing, Tenant shall have the right right, upon prior written notice to Landlord but without Landlord's ’s consent, and in compliance with all other provisions of this Section, to make any non-structural alterations Tenant’s Improvements to the Leased Premises which do not materially impact affect the Building's mechanical or electrical systemsstructure and the mechanical, electrical, plumbing and life safety systems of the Building and do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Twenty-Five Thousand and 00/100 Dollars ($45,000.0025,000.00) in aggregate in any consecutive twelve (12) month period. All Tenant’s Improvements shall be and remain the aggregateproperty of Tenant during the Term of this Lease, provided that Tenant gives provided, however, that, unless Landlord fifteen (15) days prior written notice otherwise elects as hereinafter provided, all said Tenant’s Improvements shall, upon the expiration or termination of any such alterationsthis Lease, along with copies or the earlier vacation of plans the Leased Premises, become and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted be deemed to be made the property of Landlord and title thereto shall pass to Landlord under this Lease as by a xxxx of sale without further act or deed on the part of Tenant and Tenant shall, at Landlord’s request, promptly execute and deliver such bills of sale or other documents or instruments as Landlord may deem necessary or desirable to evidence the foregoing. Notwithstanding anything to the contrary contained in the foregoing, Tenant shall remove all Tenant’s Improvements (and any wiring and cabling or similar improvements installed by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by as part of the initial Improvements or as part of the initial Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant ’s Improvements) and restore the Leased Premises at to its condition prior to the end installation or construction thereof by the date of expiration of this Lease or in the event of the Lease Term; otherwise, all such alterations shall at Landlord's option become a part earlier vacation 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, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the 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 Lease shall be construed to constitute a consent by Landlord to the creation of any lien. If any lien is filed against the Leased Premises for work claimed or termination of this Lease, unless, at the time of Landlord’s approval, or if Landlord’s approval is not required, at the time of original installation, Landlord agreed in writing that such removal was not required. Tenant shall, prior to have been done for any such construction or material claimed work, provide such assurances to have been furnished Landlord, including but not limited to, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance, as Landlord shall require to Tenantassure payment of the costs thereof and to protect Landlord against any loss from any mechanics’, laborers’, materialmen’s or other liens. Tenant hereby indemnifies and saves Landlord harmless from and against any and all loss, liability, damage, penalty, cost, expense or fee (including, without limitation, court costs and reasonable attorneys’ fees) incurred by or asserted against Landlord as a result of the existence or threat of any lien against the Building, Leased Premises or Property. At Landlord’s request, Tenant shall cause such lien to be discharged will notify any contractors, subcontractors and materialmen performing work on, or supplying materials for, the Leased Premises that Tenant is not acting as the agent of 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 liensuch work and/or shall post signs on the Leased Premises to that effect. All risk of loss with respect to the Tenant’s Improvements during the Term hereof shall be the sole responsibility of Tenant.
Appears in 2 contracts
Samples: Lease Agreement (Connecture Inc), Lease Agreement (Connecture Inc)
Alterations. 9.1. Tenant shall not permit alterations make any alterations, additions or improvements in or to the Leased Premises unless and until or engage in any construction, demolition, reconstruction, renovation or other work (whether major or minor) of any kind in, at or serving the plans have been approved by Landlord in writingPremises ("Alterations"), which approval as without obtaining Landlord's prior written consent, not to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayeddelayed taking into consideration Tenant’s Permitted Use, except Tenant may make without Landlord’s prior written consent, but upon at least ten (10) days’ prior notice to Landlord, except Tenant shall be entitled to make non-structural Alterations to the interior of the Premises (excluding the roof) without such consent, but upon at least ten (10) days’ prior notice to Landlord, provided that the cost thereof does not exceed an aggregate amount of Two Hundred Fifty Thousand Dollars ($250,000.00) in any twelve (12) month period (collectively, “Cosmetic Alterations”). Notwithstanding the foregoing, Tenant shall will not do anything that could have a material adverse effect on the right Building or life safety systems, without obtaining 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 or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any consent. Any such alterationsimprovements, along with copies of plans excepting movable furniture, trade fixtures and specifications relating thereto. As a condition of such approval (orequipment, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of belong to Landlord, . All alterations and shall not be removed by Tenant. Tenant shall ensure that all alterations improvements shall be made in accordance with all applicable lawsproperly permitted and installed at Tenant's sole cost, regulations and building codesby a licensed contractor, in a good and workmanlike manner manner, and in conformity with all Applicable Laws. Any alterations that Tenant shall desire to make and which require the consent of quality equal to or better than the original construction of the Building. No person Landlord shall be entitled presented to any lien derived through or under Landlord in written form with detailed plans. Tenant for any labor or material furnished to shall: (a) acquire all applicable governmental permits; (b) furnish Landlord with copies of both the Leased Premises, permits and nothing in this Lease shall be construed to constitute a consent by Landlord to the creation of any lien. 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, Tenant shall cause such lien to be discharged of record within plans and specifications at least thirty (30) days after filingbefore the commencement of the work, and (c) comply with all conditions of said permits in a prompt and expeditious manner. Any alterations shall be performed in a workmanlike manner with good and sufficient materials. Upon completion of any Alterations, Tenant shall indemnify promptly upon completion furnish Landlord from all costswith a reproducible copy of as-built drawings and specifications for any Alterations. Notwithstanding the foregoing, losses, expenses and attorneys' fees in connection with any construction or alteration under this Section 7.03, 9 shall not performed apply to Construction Work to be completed by Landlord or an affiliate, and any related lienthe Prior Owner in accordance with the Purchase Agreement.
Appears in 2 contracts
Samples: Lease Agreement (Innovative Industrial Properties Inc), Memorandum of Purchase Option (Innovative Industrial Properties Inc)
Alterations. Tenant shall not permit alterations in or Subject 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 delayed. Notwithstanding the foregoingapplicable provisions of this Lease, Tenant shall have the right without Landlord's consent, to construct additional improvements and in compliance with all other provisions of this Section, to make subsequent alterations, additions or other changes to any non-structural alterations improvements or fixtures existing from time to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or valuetime, and the cost of Premises shall constitute all such improvements as they exist from time to time. In connection with any action which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, may take with respect to any alterations permitted to be made by Tenant hereunder without LandlordTenant's approval)rights pursuant hereto, Landlord hereby agrees thatshall not be responsible for and Tenant shall pay all costs, upon written request expenses and liabilities arising out of or in any way connected with such improvements, alterations, additions or other changes made by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant including without limitation materialmens’ and restore the Leased Premises at the end of the Lease Term; 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, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the 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 Lease shall be construed to constitute a consent by Landlord to the creation of any lienmechanic’s liens. If any lien or encumbrance (other than those permitted hereunder or liens otherwise authorized by Landlord in writing) is filed against the Leased Premises for work claimed to have been done for or material claimed to have been furnished to TenantPremises, Tenant shall cause such lien to be discharged of record within thirty (30) days after filingof the date that Landlord or Tenant receives notice or otherwise becomes aware of the same, whichever occurs first, Tenant shall have such lien released or bonded. Tenant covenants and agrees that Landlord shall not be called upon or be obligated to make any improvements, alterations or repairs whatsoever in or about the Premises, and Landlord shall not be liable or accountable for any damages to the Premises or any property located thereon. Tenant shall indemnify have the right at any time to demolish or substantially demolish improvements located upon the Premises. No such alteration or demolition shall have any impact on Tenant’s obligation to pay the Base Rent or and other sums required to be paid to Landlord from all costs, losses, expenses and attorneys' fees in connection with any construction or alteration under this Section 7.03Lease. In making improvements and alterations, Tenant shall not performed by be deemed Landlord's agent and shall hold Landlord harmless from any expense or an affiliatedamage Landlord may incur or suffer. During the term of this Lease, and any related lientitle to all improvements shall at all times be vested in Landlord.
Appears in 2 contracts
Samples: Land and Improvements Lease, Land and Improvements Lease
Alterations. Tenant Borrower shall not permit alterations in or to the Leased Premises unless and until the plans have been approved by Landlord in writingobtain Lender’s prior written consent, which approval as to interior non-structural alterations consent shall not be unreasonably withheld, conditioned withheld or delayed. 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 or electrical systemsImprovements, do not adversely affect the Building's appearance or value, and the cost of which does is reasonably anticipated to exceed $3,500,000 (the “Threshold Amount”) or that will have a material adverse effect on Borrower’s financial condition, the use, operation or value of the Property or the Net Operating Income with respect to the Property, other than (a) tenant improvement work performed pursuant to the terms of any Existing Lease, (b) tenant improvement work performed pursuant to the terms and provisions of a Lease executed after the date hereof and not exceed Forty Five Thousand 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 the terms and 00/100 Dollars provisions of this Agreement) or ($45,000.00c) alterations performed in connection with the aggregaterestoration of the Property after the occurrence of a Casualty or Condemnation in accordance with the terms and provisions of this Agreement (“Excluded Costs”). If Lender fails to respond to a request for consent under this Section 5.4.2 within ten (10) Business Days of receipt thereof, such consent shall be deemed granted, provided that Tenant gives Landlord fifteen 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 (1510) days prior written notice 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 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 alterationsapproval upon receipt of a certificate of compliance with applicable laws from an independent architect, along with copies of plans engineer, or other Person reasonably acceptable to Lender. If the total unpaid amounts due and specifications relating thereto. As a condition of such approval (or, payable with respect to any alterations permitted to the Improvements (other than such amounts to be made paid or reimbursed by Tenant tenants under the Leases or paid from accounts established hereunder without Landlord's approvalor Excluded Costs) shall at any 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 occurrence of a Securitization), Landlord hereby agrees that, upon written request by Tenant, at or (4) a Letter of Credit. Such security shall be in an amount equal to the time that Tenant is contemplating alterations, Landlord will inform Tenant as excess of the total unpaid amounts with respect to whether alterations to the Improvements (other than such proposed alterations will be required amounts to be removed paid or reimbursed by Tenant and restore tenants under the Leased Premises at Leases or from accounts established hereunder or Excluded Costs) over the end Threshold Amount. Upon completion of the Lease Term; 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, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the 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 satisfaction of Lender in this Lease its reasonable discretion Lender shall be construed promptly return to constitute a consent by Landlord to the creation of any lien. 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, Tenant shall cause Borrower such lien to be discharged of 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 lienadditional security.
Appears in 2 contracts
Samples: Loan Agreement (Maguire Properties Inc), Loan Agreement (Maguire Properties Inc)
Alterations. Tenant shall not permit alterations in or to the Leased Premises unless and until the plans have been approved by Landlord in writingwriting with the exception of alterations or improvements not exceeding Ten Thousand Dollars ($10,000.00) which are not visible from outside the Leased Premises and which do not affect the structure, which mechanical systems or electrical systems of the Building. In situations where Landlord’s prior approval as to interior non-structural alterations shall is not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoingso required, Tenant shall have the right without Landlord's consent, promptly notify Landlord with respect to such alterations and in compliance furnish Landlord 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 or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating theretoarchitectural 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 any alterations permitted to be made by Tenant hereunder without not requiring Landlord's ’s approval), Landlord hereby agrees that, upon written request by within a reasonable time following Landlord’s receipt of Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant ’s notice) and restore the Leased Premises at the end upon termination of the Lease Termthis Lease; otherwise, all such alterations shall at Landlord's ’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, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the 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 Lease shall be construed to constitute a consent by Landlord to the creation of any lien. 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, Tenant shall cause such lien to be discharged of 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.
Appears in 2 contracts
Samples: Lease Agreement (Interface Security Systems, L.L.C.), Lease Agreement (Interface Security Systems Holdings Inc)
Alterations. Other than the Tenant Improvements, Tenant shall not permit alterations make no further alterations, additions or improvements (sometimes referred to in or this Paragraph collectively as “Alterations”) to the Leased Premises unless without Landlord’s prior written consent as provided herein and without a valid building permit issued by the appropriate governmental agency. Tenant shall submit to Landlord, for Landlord’s written approval, 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 plans have been approved by extent that any alterations, additions or improvements to the Premises constitute “Major Alterations” (as defined below), Landlord may withhold its consent in writingLandlord’s sole and absolute discretion; otherwise, which approval as Landlord’s consent to interior non-structural alterations any alterations, additions or improvements to the Premises other than Major Alterations shall not be unreasonably withheld, conditioned or delayed. Notwithstanding As used herein, “Major Alterations” shall mean any alterations, additions or improvements (i) which are visible from outside the foregoingPremises and/or Building (including design and aesthetic changes), and/or (ii) to the exterior of the Building, the roof of the 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 the Building. Tenant shall have the right without Landlord's consent, and notify Landlord 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 or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord writing at least fifteen (15) days prior written notice to commencement of any work to enable Landlord to post a Notice of Non-Responsibility or other notice deemed proper before the commencement of work. Any and all such alterations, along additions or improvements shall comply with copies of all Applicable Laws including, without limitation, obtaining any required permits or other governmental approvals. In addition, all Alterations shall be performed only by licensed contractors and subcontractors and shall be performed in strict compliance with all permits, any plans and specifications relating theretoapproved by Landlord, and all conditions to Landlord’s approval. As a condition Tenant shall cause its contractors and subcontractors to maintain insurance reasonably acceptable to Landlord. Upon termination of such approval this Lease, any alterations, additions and improvements (orincluding without limitation all electrical, with respect to any alterations permitted to be lighting, plumbing, heating and air-conditioning equipment, doors, windows, partitions, drapery, carpeting, shelving, counters, and physically attached fixtures) made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; otherwise, all such alterations shall at Landlord's option once become a part of the realty and belong to Landlord unless the property terms of Landlordthe applicable consent provide otherwise, or unless at the time of the applicable consent Landlord requests that part or all of the additions, alterations or improvements be removed. In such case, Tenant, at its sole cost and expense, shall promptly remove the specified additions, alterations or improvements and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations fully repair and building codes, in a good and workmanlike manner and of quality equal to or better than restore the original construction relevant portion(s) of the Building. No person shall be entitled to any lien derived through or under Tenant for any labor or material furnished Premises to the Leased Premises, and nothing condition in which Tenant is otherwise required to surrender the Premises under Paragraph 17.1. Notwithstanding the foregoing or anything in this Lease shall be construed to constitute a consent by Landlord to the creation of any lien. If any lien is filed against contrary, with respect to the Leased Premises for work claimed to have been done for or material claimed to have been furnished to TenantTenant Improvements and subsequent Alterations (unless Landlord’s applicable consent provides otherwise), Tenant shall cause such lien only be required to be discharged 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 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 the Premises to their original condition upon termination of this Section 7.03, not performed by Landlord or an affiliate, and any related lienLease.
Appears in 2 contracts
Samples: AbSci Corp, AbSci Corp
Alterations. Tenant shall not permit alterations (a) Except as provided in or Section 6.1(c) herein, and subject to the Leased Premises unless terms and until provisions of Exhibit C-2 relating to the plans have been approved by Landlord in writinginitial Tenant Improvements to be installed prior to Tenant’s initial occupancy of the Premises, no alterations, additions or improvements (collectively “Improvements,” which approval as term shall include the Tenant Improvements) shall be made to interior non-structural alterations shall not be unreasonably withheldthe Premises, conditioned whether before or delayed. Notwithstanding during the foregoingLease Term, Tenant shall have without the right without prior written consent of Landlord's consent, and in compliance all such Improvements, including, without limitation, subdividing partitions, walls and railings of whatever type, material or height, shall, when made, become the property of Landlord and remain upon and be surrendered 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 or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As as a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises part thereof at the end of the Lease Term; otherwise, all such alterations shall unless, at Landlord's option become a part the end of the realty Lease Term and subject to the terms and provisions of this Section 6.1(a), with regard to Improvements (including, without limitation, cabling and wiring) made to the Premises during the Lease Term, Landlord shall notify Tenant to remove same, in which latter event Tenant shall do so. With respect to any Improvement(s) for which Tenant seeks Landlord’s approval (as contemplated in Section 6.1(b) herein), if Landlord approves the proposed Improvement(s), Landlord shall also notify Tenant in writing, simultaneously with the delivery to Tenant of the approval communication, as to whether Landlord reserves the right to require Tenant, at the expiration or earlier termination of the Lease Term, to remove all or any portion of such Improvement(s) and to restore the Premises to the condition that existed immediately prior to the installation of such Improvement(s). If Landlord does not reserve such right to require Tenant to remove the relevant Improvement(s) and to restore the Premises at the expiration or earlier termination of the Lease Term at the time Landlord approves such Improvement(s), then Landlord shall be deemed to have waived such removal and restoration right. Tenant shall remain subject to Landlord’s right to require the removal of all or any portion of Improvements and the property associated restoration to be completed by Tenant at the expiration or earlier termination of the Lease Term unless Landlord, as provided above in this Section 6.1(a), either has waived or is deemed to have waived (i.e., because Landlord has allowed the ten (10) business day period in Section 6.1(b) herein to lapse without responding) the right to require the removal of such Improvements and the associated restoration to be completed at the expiration or earlier termination of the Lease Term, Notwithstanding the foregoing, Landlord’s consent shall not be removed by required with respect to any alterations, additions or other Improvements (excluding, however, the initial Tenant Improvements installed prior to Tenant. Tenant shall ensure that all alterations shall ’s initial occupancy of the Premises) related to a single project so long as (i) the expenditures (or series of expenditures made with respect to such project in a six (6) month period) to be made in accordance connection with all applicable lawssuch project do not exceed $50,000.00, regulations and building codes, in a good and workmanlike manner and of quality equal (ii) such project does not involve connecting to or better than tampering with any Building system (including the original construction Building systems referenced in Section 5.1(a)(x) herein) or any Building structural elements or components, (iii) such project does not require work to be performed inside the walls or above the ceiling of the Building. No person shall be entitled to Premises; (iv) such project does not involve any lien derived through alterations, additions or under other Improvements that are visible from the exterior of the Premises or the Building and (v) Tenant for any labor or material furnished to the Leased Premises, and nothing in this Lease shall be construed to constitute a consent by provides Landlord to the creation with written notice of any lien. 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, Tenant shall cause such lien to be discharged of record within project at least 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 lienadvance of the commencement of same.
Appears in 2 contracts
Samples: Lease (Premier, Inc.), Lease (Premier, Inc.)
Alterations. A. Tenant shall not permit alterations in make any alterations, additions or improvements to the Leased Premises unless and until or any portion thereof (“Alterations”) without first obtaining the plans have been approved by prior written consent of Landlord in writing, which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed; provided, however, that so long as no Event of Default has occurred and is continuing, Landlord’s prior written consent shall not be required, but prior written notice shall be delivered to Landlord accompanied with full and complete drawings and plans prepared by a licensed architect or engineer, if applicable, for any Alterations to the Premises that: (i) are not structural additions or structural alterations; (ii) will not change the essential nature of any Building as a restaurant and gift shop or ancillary uses; (iii) will not materially and adversely affect the structural elements or roof of any Building, the proper functioning of a Building’s systems nor the impair the value of such Building; and (iv) do not exceed the cost of Two Hundred Fifty Thousand and No/100 Dollars ($250,000.00) for the Premises on an annual basis. Notwithstanding the foregoingIn seeking approval from Landlord of any Alterations, if required, Tenant shall provide Landlord with (1) full and complete set of drawings and plans for the proposed Alterations prepared by a licensed architect or engineer; and (2) notice of whether the Alteration will involve or affect Hazardous Materials. Tenant shall not have the right without Landlord's consent, and in compliance with all other provisions of this Section, to make seek any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical zoning changes or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; 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, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the 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 Lease shall be construed to constitute a consent by Landlord to the creation of any lien. 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, Tenant shall cause such lien to be discharged of record within thirty (30) days after filing. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys' fees variances in connection with any construction or alteration under this Section 7.03Alterations without Landlord’s approval, provided that Landlord’s consent to a variance in connection with any Alterations shall not performed be unreasonably withheld provided such variance does not change the essential nature of any Building. Tenant shall reimburse Landlord upon demand for any reasonable third party out-of-pocket costs, including, without limitation, attorney’s fees and engineering advisor’s fees, related to Landlord’s review of any Alterations request by Landlord or an affiliate, and any related lienTenant.
Appears in 2 contracts
Samples: Lease Agreement (Cracker Barrel Old Country Store, Inc), Lease Agreement (Cracker Barrel Old Country Store, Inc)
Alterations. Tenant shall not permit alterations make no alterations, installations, changes or additions in or to the Leased Premises unless and until or the plans have been approved by Landlord in writingProject (collectively, which approval as to interior non-structural alterations shall “Alterations”) without Landlord's prior written consent; provided that such consent may not be unreasonably withheld, conditioned or delayed. Notwithstanding delayed if the foregoingAlterations are reasonably necessary for the Tenant’s business and are within the general scope of the Tenant Improvements; provided further, however, Tenant shall have the right without not be required to obtain Landlord's consent’s consent for any cosmetic alterations, and installations, changes or additions in compliance with all other provisions of this Section, to make any non-structural alterations or to the Leased Premises which that (a) do not materially impact the Building's mechanical structural, mechanical, electrical, plumbing, fire/life safety or electrical systemsheating, ventilation and air conditioning systems of the Project, (b) are not visible from the outside of the interior of the Premises, (c) do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Fifty Thousand and 00/100 No/100 Dollars ($45,000.0050,000.00) in the aggregateaggregate in any one (1) Lease Year, provided that Tenant gives and (d) do not require a permit (“Minor Alterations”). Any Alterations approved by Landlord fifteen (15) days prior written notice must be performed in accordance with the terms hereof, using only contractors or mechanics approved by Landlord in writing and upon the approval by Landlord in writing of any such alterations, along with copies of fully detailed and dimensioned plans and specifications relating thereto. As a condition of such approval (orpertaining to the Alterations in question, with respect to any alterations permitted to be made prepared and submitted by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant its sole cost and restore the Leased Premises at the end of the Lease Term; 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 Tenantexpense. Tenant shall ensure that at its sole cost and expense obtain all alterations necessary third-party approvals and permits pertaining to any Alterations approved by Landlord or any Minor Alterations. Tenant shall cause all Alterations and Minor Alterations to be made in accordance with all applicable laws, regulations and building codes, performed in a good and workmanlike manner manner, in conformance with all applicable federal, state, county and of quality equal municipal laws, rules and regulations, pursuant to or better than the 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 Premisesa valid building permit, and nothing in this Lease shall be construed to constitute a consent by Landlord to the creation of any lienconformance with Landlord's construction rules and regulations. If Landlord, in approving any lien is filed against the Leased Premises for work claimed to have been done for or material claimed to have been furnished to TenantAlterations, specifies a commencement date therefor, Tenant shall cause not commence any work with respect to such lien Alterations prior to be discharged of record within thirty (30) days after filingsuch date. Tenant shall indemnify hereby agrees to indemnify, defend, and hold Landlord free and harmless from all costsliens and claims of lien, lossesand all other liability, expenses claims and attorneys' fees demands arising out of any work done or material supplied to the Premises by or at the request of Tenant in connection with any construction Alterations or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienMinor Alterations.
Appears in 2 contracts
Samples: Office Lease (Castle Biosciences Inc), Office Lease (Castle Biosciences Inc)
Alterations. (a) Tenant shall not permit alterations in may make alterations, additions or improvements (collectively, "Alterations") to the Leased Premises unless and until or install fixtures in the plans have been approved by Landlord in writingPremises after first obtaining Landlord's consent, which approval as to interior non-structural alterations consent shall not be unreasonably withheld; provided however, conditioned 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 delayed(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 operating systems. Notwithstanding the foregoing, Tenant shall have the right 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 consentconsent being required, and in compliance with all other provisions of this Section, to make any non-structural provided such cosmetic alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, require a building permit and do not adversely affect effect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end exterior of the Lease Term; otherwise, all such alterations shall at Landlord's option become a part of Building or 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, regulations and building codes, in a good and workmanlike manner and of quality equal to structural or better than the original construction mechanical components of the Building. No person Upon Tenant's written request for Landlord's consent to certain Alterations pursuant to this Section, Landlord 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 lien. 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, Tenant shall cause such lien to be discharged of record within thirty (30) days after filingfrom the date on which Landlord receives all information reasonably required by Landlord for Landlord's review of 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 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 election within said thirty (30) day period. In connection with Tenant's request for Landlord's consent under this Lease, Tenant shall pre-pay to Landlord the sum of Two Hundred Fifty Dollars ($250.00) for Landlord's review of applicable documents and plans. Tenant also shall indemnify reimburse Landlord from all costs, losses, for any third-party costs and expenses and attorneys' fees in connection with any construction incurred or alteration under this Section 7.03, not performed to be incurred by Landlord related to such review within ten (10) days of receipt of Landlord's statement therefor. Furthermore, in the event Landlord may elect to oversee, or cause to be overseen, such Alterations, Landlord shall be entitled to receive a fee for such oversight in an affiliateamount equal to three (3%) of the cost of such alterations, additions or 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 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 any 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 related lienAlterations 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 permitted by law to protect Landlord's interest in the 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.
Appears in 2 contracts
Samples: Construction Agreement (NBC Internet Inc), Construction Agreement (Xoom Inc)
Alterations. Tenant shall 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 delayed. 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 or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at may require Tenant to remove the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end upon termination of the Lease Termthis 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, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the 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 Lease shall be construed to constitute a consent by Landlord to the creation of any lien. 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, Tenant shall cause such lien to be discharged of 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 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 which 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, provided that Tenant gives Landlord fifteen (15) business days prior written notice of any such alteration, along with copies of all plans and specifications relating thereto and complies with Landlord's reasonable and customary procedures.
Appears in 2 contracts
Samples: Office Lease Agreement (Interactive Intelligence Inc), Office Lease Agreement (Interactive Intelligence Inc)
Alterations. Except for the initial Tenant Improvements and Non-Material Alterations (as defined below), Tenant shall not permit make alterations in or to the Leased Premises unless and until Landlord has approved the plans have been approved therefor and the general contractor that will be engaged by Tenant to perform such alterations. Landlord in writing, which shall notify Tenant of its approval as to interior non-structural 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 be unreasonably withheldwithhold, conditioned delay, or delayed. Notwithstanding the foregoingcondition approval for any alterations, Tenant shall have the right without Landlord's consentadditions, and or improvements in compliance with all other provisions of this Section, to make any non-structural alterations or to the Leased Premises which do not materially impact the or Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's and at the time of such approval), Landlord hereby agrees that, upon written request by Tenant, at may require Tenant to remove the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end upon termination of the Lease Termthis Lease; otherwise, all such alterations shall at Landlord's ’s option become a part of the realty and the property of LandlordLandlord 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. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, Applicable Laws in a good and workmanlike manner and of quality equal to or better than the original construction of the Building; provided Landlord’s approval of such plans shall not be deemed a representation by Landlord that same comply with Applicable Laws. 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 Landlord’s consent by Landlord to the creation of any lien. If any lien is filed against the Leased Premises for work claimed to have been done for or material materials claimed to have been furnished to Tenant, Tenant shall cause such lien to be discharged of record or bonded against 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 the foregoing, Tenant shall be required to give prior written notice to Landlord, but Tenant shall not be required to obtain Landlord’s consent, for alterations to the Leased Premises totaling less than $250,000.00 individually or $750,000.00 in the aggregate over any twenty-four (24) month period, provided such alterations (i) are non- structural in nature, (ii) do not materially affect any of the Building systems (including, without limitation, the heating and air conditioning and plumbing systems), and (iii) do not affect the exterior or aesthetics of the Building (the foregoing being “Non-Material Alterations”). Tenant shall not 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 Non-Material Alterations upon the expiration or earlier 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
Samples: Lease Agreement (Grail, Inc.), Lease Agreement (Grail, Inc.)
Alterations. 15.01 Tenant shall will not make, cause or permit alterations any alterations, additions or improvements ("alterations") in or to the Leased Demised Premises unless and until the plans have been approved by Landlord without in writingeach instance obtaining Landlord's prior written consent thereto, which approval as to interior non-structural alterations consent shall not be unreasonably withheld, conditioned withheld or delayed. Notwithstanding By way of illustration but not limitation, Landlord will be entitled to withhold its consent if the foregoingproposed 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 shall have will, at its sole cost and expense, remove any alterations (structural or non-structural) at the right without Landlord's consent, and in compliance with all expiration or other provisions termination of this SectionLease, to make any non-structural alterations repair all damage caused by such removal and restore the Demised Premises to the Leased Premises condition in which do not materially impact they were prior to the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice 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, along such consent will be obtained by Tenant before any such work is commenced. In that regard, Landlord agrees to reasonably cooperate with copies of plans and specifications relating thereto. As a condition Tenant in obtaining the consent of such approval (ormortgagee. Plans and specifications, together with respect to an estimate of the cost of, for any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required submitted to be removed by Tenant Landlord upon the request for its consent. However, such review and restore the Leased Premises at the end of the Lease Term; 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, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the 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 Lease shall be construed to constitute a consent by Landlord will not be deemed Landlord's opinion as to acceptability to or compliance with municipal requirements. Upon completion of the creation alterations Landlord is to receive one print and one reproducible copy of any lienthe "as-built" construction plans. 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, Tenant shall cause such lien to be discharged of 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 affiliateelects to, and any related liennotifies 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 require that Tenant post a security deposit, letter of credit or other evidence of Tenant's financial ability to so remove such Alterations.
Appears in 2 contracts
Samples: Lease Agreement (Windsortech Inc), Lease Agreement (Windsortech Inc)
Alterations. Landlord hereby consents to certain Tenant Improvements, on the terms and subject to the conditions of Exhibit C. Tenant shall not make or permit alterations any Alterations in, on or about the Premises without the prior written consent of Landlord, and according to plans and specifications approved in or to the Leased Premises unless and until the plans have been approved writing by Landlord in writingLandlord, which consent and approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. Notwithstanding Except in the foregoingcase of the Tenant Improvements which are the subject of the Initial Installation, Landlord, at its sole option, may, however, require as a condition to the granting of any such consent, 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 (1½) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Except in the case of the Tenant Improvements which are the subject of the Initial Installation, and unless otherwise agreed in writing by the parties, Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall have the right without Landlord's consentbe installed at Tenant’s sole expense (except as expressly set forth in this Lease), and in compliance with all other provisions of this Sectionapplicable laws (including, to make any non-structural alterations to the Leased Premises which do but not materially impact the Building's mechanical or electrical systemslimited to, do not adversely affect the Building's appearance or valueThe American With Disabilities Act, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregateany state or local building, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterationsfire or safety codes, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approvalordinances or regulations), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant Rules and restore the Leased Premises at the end of the Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty Regulations and the property of CC&R’s, by Landlord, and shall not be removed ’s contractor unless otherwise agreed by Tenantthe parties. Tenant shall ensure that all alterations All Alterations shall be made in accordance with all applicable laws, regulations and building codes, done in a good and workmanlike manner conforming in quality and of quality equal to or better than design with the original construction Premises existing as of the BuildingCommencement Date, and shall not diminish the value of the Project. No person All Alterations made by Tenant shall be entitled to and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any lien derived through or under Tenant for any labor or material furnished to the Leased Premises, and nothing in other provisions of this Lease shall be construed to constitute a consent by Landlord to the creation of any lien. 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 TenantLease, Tenant shall cause such lien be solely responsible for the maintenance and repair of any and all Alterations made by it to be discharged of record within thirty (30) days after filingthe Premises. Tenant shall indemnify give Landlord from all costs, losses, expenses written notice of Tenant’s intention to perform any Alterations on the Premises at least twenty (20) days prior to the commencement of such Alterations to enable Landlord to post and attorneys' fees in connection with record an appropriate Notice of Non-responsibility or other notice deemed proper before the commencement of any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related liensuch Alterations.
Appears in 2 contracts
Samples: Office Lease Agreement (Geron Corp), Office Lease Agreement (Geron Corp)
Alterations. 9.1. Tenant shall not permit alterations make any alterations, additions or improvements in or to the Leased Premises unless and until or engage in any construction, demolition, reconstruction, renovation or other work (whether major or minor) of any kind in, at or serving the plans have been approved by Landlord in writingPremises ("Alterations"), which approval as without obtaining Landlord's prior written consent (not to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed), except Tenant may make non-structural Alterations to the interior of the Premises (excluding the roof) without such consent but upon at least ten (10) days' prior notice to Landlord, provided that the cost thereof does not exceed One Hundred Fifty Thousand Dollars ($150,000.00) per occurrence or an aggregate amount of Five Hundred Thousand Dollars ($500,000.00) annually. Notwithstanding the foregoing, Tenant shall will not do anything that could have a material adverse effect on the right Building or life safety systems, without obtaining 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 or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any consent. Any such alterationsimprovements, along with copies of plans excepting movable furniture, trade fixtures and specifications relating thereto. As a condition of such approval (orequipment, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of belong to Landlord, . All alterations and shall not be removed by Tenant. Tenant shall ensure that all alterations improvements shall be made in accordance with all applicable lawsproperly permitted and installed at Tenant's sole cost, regulations and building codesby a licensed contractor, in a good and workmanlike manner manner, and in conformity with all Applicable Laws. Any alterations that Tenant shall desire to make and which require the consent of quality equal to or better than the original construction of the Building. No person Landlord shall be entitled presented to any lien derived through or under Landlord in written form with detailed plans. Tenant for any labor or material furnished to shall: (i) acquire all applicable governmental permits; (ii) furnish Landlord with copies of both the Leased Premises, permits and nothing in this Lease shall be construed to constitute a consent by Landlord to the creation of any lien. 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, Tenant shall cause such lien to be discharged of record within plans and specifications at least thirty (30) days after filingbefore the commencement of the work, and (iii) comply with all conditions of said permits in a prompt and expeditious manner. Any alterations shall be performed in a workmanlike manner with good and sufficient materials. Upon completion of any Alterations, Tenant shall indemnify promptly upon completion furnish Landlord from all costs, losses, expenses with a reproducible copy of as-built drawings and attorneys' fees in connection with specifications for any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienAlterations.
Appears in 2 contracts
Samples: Lease Agreement (Innovative Industrial Properties Inc), Purchase and Sale Agreement and Joint Escrow Instructions (Innovative Industrial Properties Inc)
Alterations. Except for aesthetic or cosmetic changes that are not readily visible from the exterior of the Leased Premises, Tenant shall not permit alterations in or to the Leased Premises unless and until Landlord has approved the plans have been approved by Landlord therefor in writing, which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. 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 or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at may require Tenant to remove the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end upon termination of the Lease Termthis Sublease, which Landlord will expressly state in writing when approving said plans; otherwise, all such alterations shall shall, at Landlord's option 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, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the 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 Lease shall be construed to constitute a consent by Landlord to the creation of any lien. 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, Tenant shall cause such lien to be discharged of record within thirty (30) days after filing. Tenant shall indemnify Landlord from all reasonable and documented costs, losses, expenses and reasonable attorneys' fees in connection with any construction or alteration for work performed by or on behalf of Tenant. Contractors and subcontractors authorized by Landlord to perform such alterations shall be subject to Landlord’s written consent, including any contingencies included therein. Prior to commencing any alterations performed by any contractor, Tenant or contractor shall: (a) obtain all permits, licenses, and approvals required for Tenant to perform such work; (b) deliver to Landlord: (i) copies of such permits, licenses, and approvals and (ii) evidence reasonably satisfactory to Landlord that Tenant and/or Tenant’s contractor has procured workers’ compensation, general liability, and personal and property damage insurance as Landlord may reasonably require; (c) cause any such work to be performed (i) in accordance with the plans approved by Landlord and (ii) in a good and workmanlike manner and in compliance with all applicable laws; (d) ensure that all contractors, subcontractors, laborers, and suppliers performing work or supplying materials are paid in full; and (e) during the performance of Tenant’s work, observe and perform all of its obligations under this Section 7.03, not performed by Landlord or an affiliate, and any related lienSublease.
Appears in 2 contracts
Samples: Sublease by And, Sublease by and Between
Alterations. Tenant shall not permit make any alterations in or to the Leased Premises Premises, or the Property without Landlord's prior written consent unless and until the plans have been approved by Landlord in writing, which approval as to interior such alterations are non-structural alterations shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant shall and 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 or electrical systems, do not adversely affect the Building's appearance or value, and the a total aggregate cost of which does not exceed Forty Five Thousand and 00/100 Dollars (less than $45,000.00) in the aggregate, provided that Tenant 3,000.00 per occurrence. If Landlord gives Landlord fifteen (15) days prior written notice of any its consent to such alterations, along Landlord may post notices in accordance with copies the laws of plans and specifications relating theretothe state in which the Premises are located. As a condition of such approval (or, with respect to any All alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at whether or not subject to the time that Tenant is contemplating alterationsapproval of Landlord, Landlord will inform Tenant as to whether such proposed alterations will shall be required to be removed performed by Tenant and restore 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 Leased Premises upon expiration or termination of this Lease, except that Landlord may, within thirty (30) days before or thirty (30) days after expiration of the Term, elect to require Tenant to remove some or all of the alterations which Tenant may have made to the Premises, unless Landlord has previously agreed in writing that any one or more particular such improvements need not be removed at the end of the Lease Term; 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, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the 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 Lease shall be construed to constitute a consent by Landlord to the creation of any lien. 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 TenantLandlord so elects, Tenant shall cause such lien at its own cost restore the Premises to be discharged the condition designated by Landlord in its election, before the last day of record the Term or within thirty (30) days after filingnotice 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 alterations, 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 indemnify Landlord pay all costs for such construction and shall keep the Premises free and clear of all mechanics' liens which may result 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 lienTenant.
Appears in 2 contracts
Samples: Infoseek Corp, Infoseek Corp
Alterations. 9.1. Tenant shall not permit alterations be permitted to make 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 any Building System ("Permitted Alteration"). Except for Permitted Alterations, Tenant agrees not to make or allow to be made any Alterations without first obtaining the Leased Premises unless and until the plans have been approved by written consent of Landlord in writingeach instance, which approval as to interior non-structural alterations consent shall not be unreasonably withheld, conditioned or delayeddelayed (and, in any event, shall not be conditioned on the payment to Landlord of any fees or charges due to Landlord's review). Notwithstanding the foregoing, in the event Landlord fails to notify Tenant within ten (10) 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 proposed Alterations, Landlord shall be deemed to have consented to such proposed Alterations. Tenant shall be required to provide Landlord notice of any Permitted Alterations (other than Permitted Alterations that are decorative or 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 (including, but not limited to, the Tenant Personalty), and prior to such termination Tenant shall have the right without Landlord's consent, and in compliance with all other to remove any such Alterations at any time during the Term of this Lease subject to the provisions of this Section, to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregateArticle 9, provided that Tenant gives Landlord fifteen (15) days prior written notice of shall be responsible for repairing any such alterations, along with copies of plans and specifications relating thereto. As a condition damage to the Building resulting from the removal of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; 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, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the 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 Lease shall be construed to constitute a consent by Landlord to the creation of any lien. 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, Tenant shall cause such lien to be discharged of 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 lienAlterations.
Appears in 2 contracts
Samples: Agreement of Lease (National Patent Development Corp), Agreement of Lease (Five Star Products Inc)
Alterations. Tenant shall not make or perform, or permit alterations the making or performance of, any alterations, installations, improvements, additions or other physical changes in or to about the Leased Premises unless and until the plans have been approved by Landlord in writing(referred to collectively as "Alterations") without Landlord's prior written consent, which approval as to interior non-structural alterations consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoingAll plans, Tenant shall have the right without Landlord's consentspecifications and details for such Alterations, and in compliance with all other provisions of this Section, to make any non-structural alterations contractors performing the Alterations are subject to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, not to be unreasonably withheld, conditioned or delayed. In the event Landlord grants such consent and shall not be removed by Tenant. permits Tenant shall ensure that all alterations to contract out such work, such Alterations shall be made and performed in accordance conformity with and subject to the following provisions: (i) all applicable laws, regulations Alterations shall be made and building codes, performed at Tenant's sole cost and expense and at such time and in such manner as Landlord may reasonably from time to time designate; (ii) all Alterations shall be performed by adequately insured contractors approved by Landlord and in a good and workmanlike manner in accordance with all applicable Legal Requirements, and 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 quality equal any such alterations, decorations, additions or improvements in or to the Leased Premises or better the Building; (iii) no Alteration shall affect any part of the Building other than the original construction 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. No person ; (iv) all business machines and mechanical equipment shall be entitled placed and maintained by Tenant in settings sufficient in Landlord's reasonable judgment to absorb and prevent vibration, noise and annoyance to other tenants or occupants of the Building; (v) Tenant shall submit to Landlord reasonably detailed written plans and specifications for each proposed alteration and shall not commence any lien derived through such Alteration without first obtaining Landlord's written approval of such plans and specifications; (vi) all Alterations in or under Tenant for any labor or material furnished to the Leased Premises, and nothing electrical facilities in this Lease shall be construed to constitute a consent by Landlord to the creation of any lien. If any lien is filed against 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, all Alterations shall be made and performed in full compliance with all Legal Requirements and in accordance with the Rules and Regulations; and (viii) 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 authorities are required for any Alterations, Tenant shall obtain such permits and deliver copies thereof to Landlord before work claimed to have been done for or material claimed to have been furnished to Tenanton such Alterations is begun. After any Alterations are completed, Tenant shall cause such lien all required governmental inspections of the Alterations to be discharged made and shall deliver to Landlord a copy of record within thirty (30) days after filing. Tenant shall indemnify Landlord from all costs, losses, expenses the inspection report 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 lienone complete set of the "as built" plans for such Alterations.
Appears in 2 contracts
Samples: Lease Agreement (Comstock Homebuilding Companies, Inc.), Lease Agreement (Comstock Homebuilding Companies, Inc.)
Alterations. Tenant shall not make or perform, or permit alterations the making or performance of, any alterations, installations, improvements, additions or other physical changes in or about the Leased Premises (referred to collectively as “Alterations”) without Landlord’s prior written consent.,. All plans, specifications and details for such Alterations, and all contractors performing the Alterations are subject to the prior written approval of Landlord. 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 reasonably from time to time designate; (ii) all Alterations shall be performed by adequately insured contractors approved by Landlord and in a good and workmanlike manner in accordance with all applicable Legal Requirements, and 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 unless and until or the plans have been approved by Landlord in writing, which approval as to interior non-structural alterations Building; (iii) no Alteration shall not be unreasonably withheld, conditioned or delayed. Notwithstanding affect any part of the foregoing, Tenant shall have the right without Landlord's consent, and in compliance with all Building other provisions of this Section, to make any non-structural alterations to than the Leased Premises which do not materially impact or adversely affect any service required to be furnished by Landlord to Tenant or to any other tenant or occupant of the Building's ; (iv) all business machines and mechanical equipment shall be placed and maintained by Tenant in settings sufficient in Landlord’s reasonable judgment to absorb and prevent vibration, noise and annoyance to other tenants or electrical systems, do not adversely affect occupants of the Building's appearance or value, ; (v) Tenant shall submit to Landlord reasonably detailed written plans and the cost of which does specifications for each proposed alteration and shall not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of commence any such alterations, along with copies Alteration without first obtaining Landlord’s written approval of such plans and specifications; (vi) all Alterations in or to the electrical 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 relating thereto. As a condition of such approval for any Alteration, all Alterations shall be made and performed in full compliance with all Legal Requirements and in accordance with the Rules and Regulations; and (or, with respect to any alterations permitted viii) all materials and equipment to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore incorporated in the Leased Premises at the end as a result of the Lease Term; otherwiseall Alterations shall be of good quality. If building or other permits from governmental authorities are required for any Alterations, 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, regulations obtain such permits and building codes, in a good and workmanlike manner and of quality equal deliver copies thereof to or better than the original construction of the BuildingLandlord before work on such Alterations is begun. No person shall be entitled to After 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 lien. 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 TenantAlterations are completed, Tenant shall cause such lien all required governmental inspections of the Alterations to be discharged made and shall deliver to Landlord a copy of record within thirty (30) days after filing. Tenant shall indemnify Landlord from all costs, losses, expenses the inspection report 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 lienone complete set of the “as built” plans for such Alterations.
Appears in 2 contracts
Samples: Lease Agreement (Comscore, Inc.), Lease Agreement (Comscore, Inc.)
Alterations. Except for Permitted Alterations (as defined below), Tenant shall 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 delayed. 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 or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at may require Tenant to remove the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end upon termination of the Lease Termthis 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. Notwithstanding the foregoing, Tenant shall not be obligated to remove any of Landlord's Work or any Permitted Alterations and Landlord may not require Tenant to remove any other alterations that are of a type customary for first-class office buildings. 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 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 Lease shall be construed to constitute a consent by Landlord to the creation of any lien. 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, Tenant shall cause such lien to be discharged of 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 to the contrary set forth hereinabove, Tenant may, without Landlord's prior approval but with written notice to Landlord, along with permits and drawings to the extent required, make any alterations, improvements or additions to the Leased Premises ("Permitted Alterations"), so long as they (i) do not affect the Building structure, (ii) do not adversely affect the value of the Building, (iii) do not materially, adversely affect any of the Building systems, (iv) are not visible from the exterior of the Building, (v) are of a type customary for first-class office buildings, (vi) do not materially increase the cost of demolition of the Premises Improvements, and (vii) only if and to the extent the alteration is of a type not customary for first-class office buildings, restore the affected portion of the Leased Premises to its condition prior to such modification.
Appears in 2 contracts
Samples: Office Lease Agreement (KMC Telecom Holdings Inc), Office Lease Agreement (KMC Telecom Holdings Inc)
Alterations. Except for non-structural Alterations that (i) do not exceed $40,000 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 irreparable penetrations into the floor, ceiling or walls, (v) do not require work within the walls, below the floor or above the ceiling, (vi) do not require a permit and (vii) do not require a roof penetration, Tenant shall not make or permit alterations any Alterations in or to the Leased Premises unless and until the plans have been approved by Landlord in writingwithout first obtaining Landlord’s consent, which approval as to interior non-structural alterations consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding With respect to any Alterations made by or on behalf of Tenant (whether or not the foregoingAlteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the right without Landlord's consentAlteration shall be constructed with new materials, in a good and workmanlike manner, 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 or electrical systems, do not adversely affect the Building's appearance or value, Laws and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating theretodelivered to, and, if required above, approved by Landlord, and (iv) Tenant shall reimburse to Landlord all costs and expenses incurred in connection with Landlord’s review of Tenant’s plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary. As a condition Upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such approval (orconstruction, with respect to any alterations permitted to it being agreed that no additional security is required for Tenant’s Initial Alterations described below. Any Alteration by or on behalf of Tenant shall be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall, at Landlord’s option, either remain on the Premises and shall not become the property of Landlord or be removed by Tenant, in which event Tenant will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to any Alterations being performed by, for, or on behalf of, Tenant, Landlord will notify Tenant in writing whether Tenant is required to remove the specific Alteration(s) at the expiration or termination of this Lease. Tenant shall ensure may install its trade fixtures, furniture and equipment in the Premises, provided that all alterations shall be made in accordance with all applicable laws, regulations the installation and building codes, in a good and workmanlike manner and removal of quality equal to or better than the original construction them will not affect any structural portion of the BuildingPremises, any Building System or any other equipment or facilities serving the Building or any occupant. No person shall be entitled to Notwithstanding any lien derived through or under Tenant for any labor or material furnished provision of this Lease to the Leased Premises, and nothing in this Lease shall be construed to constitute a consent by Landlord to the creation of any lien. 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 Tenantcontrary, Tenant shall not make or cause such lien to be discharged made any roof penetration on the Premises which would affect the roof warranty, and Tenant shall not make or cause to be made any roof penetration without use of record Landlord’s designated roof contractor. Notwithstanding the foregoing, Landlord approves Tenant’s plans of initial alterations, as depicted on the floor plan attached hereto as Exhibit F (the “Initial Alterations”) and Tenant’s use of Iron Construction as the general contractor; provided, however, Tenant shall obtain and comply with all permits and approvals necessary for the Initial Alterations and Tenant shall construct the Initial Alterations substantially in compliance with the plans attached hereto as Exhibit F. Tenant’s Initial Alterations shall be performed pursuant to this Section 12. Landlord also approves Tenant’s intention to convert the unfinished warehouse/storage area located in the Building to improved office space, at a later date during the Term, if at all; provided, however, (i) Tenant shall be required to obtain Landlord’s prior written consent to plans for such conversion, which consent shall not be unreasonably withheld, conditioned or delayed, (ii) Tenant shall obtain and comply with all permits and approvals necessary for such conversion, and (iii) Tenant shall make the conversion in compliance with the plans therefor converting the warehouse space into office space with similar characteristics as the existing office space, with such plans reasonably approved by Landlord (the “Warehouse Conversion”). Upon the delivery of (i) evidence of the completion of the Warehouse Conversion evidenced by proof of the final inspection and approval of the Warehouse Conversion by the appropriate governmental agency of the City of Sunnyvale, California and (ii) delivery of final lien waivers from all contractors and suppliers of materials for the Warehouse Conversion, Landlord shall, within thirty (30) days after filingof receipt thereof, deliver to Tenant one hundred thousand dollars ($100,000.00) (the “Allowance”) to reimburse Tenant for its third party out-of-pocket costs (including, without limitation, governmental permit fees) incurred for the Warehouse Conversion. Any and all costs incurred by Tenant in excess of the Allowance are Xxxxxx’s obligation. If Landlord fails to deliver the Allowance to Tenant within thirty (30) days of Tenant’s separate written demand therefore, along with the foregoing required documentation, and provided Landlord has not notified Tenant of any objection to the Allowance submittal invoices or the foregoing required documentation or dispute relating thereto, then Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys' fees have the right to offset such unpaid amount against Tenant’s obligation to pay Rent until the Allowance is exhausted in connection with any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienfull.
Appears in 2 contracts
Samples: Lease (JFrog LTD), Lease (JFrog LTD)
Alterations. Tenant shall not make or permit alterations in to be made any alterations, additions or improvements in, upon or to the Leased Premises unless Premises, or any part of the Leased Premises, without the prior written consent of Landlord. In the event such consent is obtained, all such alterations, additions or improvements shall be performed at the expense of Tenant in a good, workmanlike manner, free from faults and until the defects and in accordance with all applicable laws and building codes and plans have been and specifications approved by Landlord in writing, which approval as to interior non-structural alterations Landlord. Tenant shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant shall have the right without Landlord's consent, and in compliance with all other provisions of this Section, allow any construction liens to make any non-structural alterations attach to the Leased Premises which do not materially impact or the Building's mechanical Property, Building or electrical systems, do not adversely affect the Building's appearance or valueImprovements in connection with any such alteration, and the cost failure of which does not exceed Forty Five Thousand and 00/100 Dollars Tenant to have any such lien released within ten ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (1510) days prior after written notice from Landlord shall constitute a default under this Lease. In addition, Tenant shall indemnify, defend and hold Landlord harmless from any and all costs and expenses incurred by Landlord in connection with such construction liens, including, without limitation, attorneys fees and costs of any such litigation. All alterations, along with copies of plans additions or improvements (except trade fixtures) so made and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made installed by Tenant hereunder without Landlord's approval)shall become part of the realty, shall become the property of Landlord hereby agrees that, upon written request by Tenant, at and shall remain for the time that Tenant is contemplating alterations, benefit of Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the term or other expiration of this Lease Termin as good condition as they were when installed, reasonable wear and tear excepted; otherwiseprovided, all however, that any such alterations shall alteration, addition or improvement remaining at Landlord's option become a part the end of the realty and the property term or other expiration of this Lease, shall upon demand made by Landlord, and shall not be removed by Tenant. , at Tenant’s expense, and Tenant shall ensure that all alterations shall be made in accordance with all applicable lawsrepair any damage caused by such removal, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the 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 Lease shall be construed to constitute a consent by Landlord to the creation of any lien. If any lien is filed against restoring the Leased Premises for work claimed to have been done for their condition prior to the making of such alteration, addition or material claimed to have been furnished to Tenant, Tenant shall cause such lien to be discharged of record within thirty (30) days after filing. 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 lienimprovement.
Appears in 2 contracts
Samples: Lease (Corium International, Inc.), Lease (Corium International, Inc.)
Alterations. Except as set forth on Exhibit “C” attached hereto, Tenant shall not permit alterations in without first obtaining Landlord’s written approval: (a) make or cause to be made any alterations, additions, or improvements to the Leased Premises unless and until (collectively, “Alterations”) (b) install or cause to be installed any fixtures, signs, floor coverings, interior or exterior lighting, plumbing fixtures, shades or awnings; or (c) make any other Alterations to the plans have been approved by Landlord in writingLeased Premises without first obtaining Landlord’s written approval. Tenant may, which approval as to without Landlord’s consent, make interior non-structural alterations Alterations which do not affect the mechanical, electrical, plumbing or life safety systems of the Building so long as the cost of all such Alterations in a twelve (12) month period do not exceed $10,000. The foregoing notwithstanding, if the proposed Alterations are, in Landlord’s judgment, likely to affect the structure of the Building or the electrical, plumbing, life safety or HVAC systems or otherwise adversely impact the value of the Building, such consent may be withheld at the sole and absolute discretion of Landlord; except for the foregoing, Landlord’s approval shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant shall have present to Landlord plans and specifications for all Alterations at the right without Landlord's consent, and in compliance with all other provisions time approval is sought. In the event Landlord consents to the making of this Section, to make any non-structural alterations Alterations to the Leased Premises by Tenant, the same shall be made by Tenant at Tenant’s sole cost and expense. All such work shall be done only by contractors or mechanics approved by Landlord, which do approval shall not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any be unreasonably withheld. All such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, work with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; 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 Alterations shall be made in accordance with all applicable laws, regulations done lien free and building codes, in a good and workmanlike manner and of quality equal to or better than the 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 Lease shall be construed to constitute a consent by Landlord to the creation of any lien. 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, Tenant shall cause such lien to be discharged of 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.diligently
Appears in 2 contracts
Samples: Lease Agreement (Weave Communications, Inc.), Lease Agreement (Weave Communications, Inc.)
Alterations. Tenant shall not permit alterations in make no alterations, additions or improvements (collectively and individually, “Alterations”) to the Leased Premises unless and until (including the plans have been approved roof of the Building) without the prior written consent of Landlord. 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 writing, which approval as its reasonable discretion. Landlord shall respond to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant shall have the right without Landlord's consent, and in compliance with all other provisions of this Section, Tenant’s request to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; 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, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the 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 Lease shall be construed to constitute a consent by Landlord to the creation of any lien. 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, Tenant shall cause such lien to be discharged of record Alterations within thirty (30) days after filingreceipt 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 indemnify 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 Landlord. All Alterations affixed to the Premises (excluding trade fixtures) shall become the property of Landlord from and shall be surrendered with the Premises at the end of 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 such Alterations is not required hereunder, within thirty (30) days following the date on which Tenant provides Landlord with written notice of such Alterations. Landlord shall oversee all costsAlterations performed pursuant to this Section 7.3 by either Tenant or the Services Company, losses, expenses and attorneys' fees Tenant shall pay Landlord as compensation for its efforts a non-refundable management fee in the amount of fifteen percent (15%) of the cost and expense incurred by Tenant and/or Services Company in connection with any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related liensuch Alterations no later than ten (10) days after written demand thereof.
Appears in 2 contracts
Samples: Lease Agreement (Columbia Care Inc.), Lease Agreement (Columbia Care Inc.)
Alterations. Tenant shall not permit alterations No alteration, addition, improvement, or other change in or to the Leased Premises unless and until (hereinafter an “Alteration”) shall be made by Tenant except under the plans have been approved by following circumstances: (a) no Alteration shall be made without the prior written consent of Landlord in writingto the specific Alteration, which approval as to except usual nonstructural interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. 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 that are wholly within the Leased Premises which do not materially impact the Building's mechanical or electrical systems, and that do not adversely affect the Building's appearance or value, any Building systems; (b) no Alteration shall be commenced until Tenant has first obtained and the cost paid for all required permits and authorizations of which does not exceed Forty Five Thousand and 00/100 Dollars all governmental authorities having jurisdiction; ($45,000.00c) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; 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 Alteration shall be made in accordance with all applicable laws, regulations promptly and building codes, in a good and workmanlike manner and in compliance with all laws, ordinances, regulations, and requirements of quality equal all governmental authorities; (d) the cost of any such Alteration shall be paid in cash or its equivalent, so that the Leased Premises shall at all times be free of liens and claims for work, labor, or materials supplied or claimed to have been supplied to the Leased Premises and, if Landlord at any time so requests, no Alteration shall commence or better than proceed unless Tenant gives evidence reasonably satisfactory to Landlord that such Alteration will be fully paid for upon completion; and (e) any Alteration shall immediately become and remain the original property of Landlord. Landlord shall have the right at its option to require Tenant to remove any Alteration and to restore the Leased Premises to the same condition as before the Alteration was made, so long as Landlord has expressly stated such removal requirement at the time of Landlord’s consent to the construction of such Alteration. Notwithstanding the Building. No person shall be entitled foregoing, Landlord hereby states that all Tenant Improvements are permitted to any lien derived through or under Tenant for any labor or material furnished to remain in the Leased Premises, and nothing in this Lease shall be construed to constitute a consent by Landlord to the creation without any removal obligation of any lien. 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, Tenant shall cause such lien to be discharged upon termination of 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 lienlease.
Appears in 2 contracts
Samples: Office Lease Agreement (Root, Inc.), Office Lease Agreement (Root Stockholdings, Inc.)
Alterations. Tenant shall not permit alterations in or to Other than the Leased Premises unless and until construction of the plans have been approved by Landlord in writingProject, which approval as shall be governed by the provisions of Article III hereof, Borrowers shall obtain Lender’s prior consent to interior non-structural any material alterations to any Improvements, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant 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 right without Landlord's consentvalue 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 terms of any Lease, (b) do not materially adversely affect 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 and the aggregate cost thereof does not exceed the Alteration Threshold Amount, or (c) are performed in compliance connection with all other the Restoration of a Property after the occurrence of a Casualty or Condemnation in accordance with the terms and provisions of this SectionAgreement. To the extent Lender’s prior written approval is required pursuant to this Section 5.1.22, to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord Lender shall have fifteen (15) days prior Business Days from receipt of written request and any and all reasonably required information and documentation relating thereto in which to approve or 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 of setting forth in reasonable detail the basis for such disapproval. In no event shall Lender require any such alterations, along with copies of plans and specifications relating thereto. As “consent fee” as a condition of such approval (or, to any required approval. If the total unpaid amounts due and payable with respect to alterations to the Improvements at any alterations permitted Property (other than such amounts to be made paid or reimbursed by Tenant hereunder without Landlord's approval)tenants under the Leases) shall at any time exceed the Alteration Threshold Amount, Landlord hereby agrees that, upon written request by Tenant, at Borrowers shall promptly deliver to Lender as security for the time that Tenant is contemplating alterations, Landlord will inform Tenant payment of such amounts and as to whether such proposed alterations will be required to be removed by Tenant and restore additional security for Borrowers’ obligations under the Leased Premises at the end Loan Documents any of the Lease Term; otherwisefollowing: (A) cash, all such alterations shall at Landlord's option become (B) U.S. Obligations, (C) other securities having a part 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 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, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the original construction of the Building. No person shall be entitled then current ratings assigned to any lien derived through Securities 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 lien. 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, Tenant shall cause such lien to be discharged of record within thirty (30) days after filing. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys' fees class thereof in connection with any construction Securitization, (D) a Letter of Credit, or alteration (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 this Section 7.03the Leases) over the Alteration Threshold Amount and during the continuance of an Event of Default, not performed by Landlord or an affiliate, and any related lienLender may apply such security from time to time at the option of Lender to pay for such alterations.
Appears in 2 contracts
Samples: Loan Agreement (Hard Rock Hotel Holdings, LLC), Loan Agreement (Morgans Hotel Group Co.)
Alterations. After completion of the Tenant’s Improvements pursuant to the terms of the Work Letter, Tenant shall not permit alterations in make any changes, additions, alterations, improvements or additions (collectively, “Alterations”) to the Leased Premises unless and until the plans have been approved by Landlord in writingor attach or affix any articles thereto without Landlord’s prior written consent, which approval as to interior non-structural alterations 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. Notwithstanding Landlord may 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 constructed in violation of this Section 9 upon Landlord’s written request. 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 such 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, then Landlord shall 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 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 file or which has been filed against the Leased Premises, Building or Common Areas 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 (10) calendar days following the earlier of the date Landlord receives (a) notice of intent to 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 a xxxx from Landlord. All Alterations, whether temporary or 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 (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 have the right without Landlord's consentalso, and in compliance with all other provisions of this Sectionat Tenant’s sole cost, to make repair any non-structural alterations damage caused to the Leased Premises which do not materially impact or the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice Building as a result of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant removal and restore the Leased Premises at to its condition prior to the end installation of Tenant’s Property or any other such other alteration, improvement or addition, reasonable wear and tear excepted. In the Lease Term; otherwiseevent Tenant fails to perform the repairs required hereunder, 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, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the original construction of the Building. No person Landlord shall be entitled to perform the same and recover from Tenant all costs and expenses thereof, including attorney fees. In the event that Landlord incurs any lien derived through expenses in the removal of trash, or under the cleaning of elevators, public corridors, or loading areas as a result of Tenant’s contractors’ work, then Tenant for any labor or material furnished to agrees it shall reimburse Landlord within ten (10) calendar days of the Leased Premises, and nothing in this Lease shall be construed to constitute a consent by Landlord to the creation date of any lien. 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, Tenant shall cause such lien to be discharged of 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 lienbilling.
Appears in 2 contracts
Samples: Lease Agreement (TGPX Holdings I LLC), Lease Agreement (Traeger, Inc.)
Alterations. Landlord’s consent shall not be required for any Alteration that satisfies all of the following criteria: a) is of a cosmetic nature such as wallpapering, painting hanging pictures and installing carpet; b) is not visible from the outside of the Building or Premises; c) will not affect the systems and structures of the Building; d) does not require work to be performed inside the walls or above the ceiling of the Premises ; and e) costs less than $10,000 as a single project. For all other Alterations, Landlord shall not unreasonable withhold or delay consent and shall respond top Tenant’s written request for consent within ten (10) business days after receipt from Tenant that such notice is required. All of the following shall apply with respect to all Alterations unless otherwise approved in writing by the Landlord: (a) the Alterations are non-structural and the structural integrity of the Property shall not be affected; (b) the Alterations are to the interior of the Premises; (c) the proper functioning of the mechanical, electrical, heating, ventilating, air-conditioning (“HVAC”), sanitary and other service systems of the Property shall not be affected and the usage of such systems by Tenant shall not permit alterations in or be increased; and (d) Tenant shall have appropriate insurance coverage, reasonably satisfactory to Landlord, regarding the Leased Premises unless performance and until installation of the plans have been approved by Landlord in writingAlterations. Additionally, which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoingbefore proceeding with any Alterations, Tenant shall have (i) at Tenant’s expense, obtain all necessary governmental permits and certificates for the right without commencement and prosecution of Alterations; (ii) if Landlord's consent’s consent is required for the planned Alteration, submit to Landlord, for its written approval, working drawings, plans and specifications and all permits for the work to be done and Tenant shall not proceed with such Alterations until it has received Landlord’s approval (if required); and (iii) cause those contractors, rnaterialmen and suppliers engaged to perform the Alterations to deliver to Landlord certificates of insurance (in a form reasonably acceptable to Landlord) evidencing policies of commercial general liability insurance and workers’ compensation insurance. Such insurance policies shall satisfy all obligations imposed under Section 10.1. Tenant shall cause the Alterations to be performed in compliance with all other provisions applicable permits, Laws and requirements of this Section, to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or valuepublic authorities, and with Landlord’s reasonable rules and regulations or any other restrictions that Landlord may impose on the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; 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 TenantAlterations. Tenant shall ensure that all alterations shall cause the Alterations to be made in accordance with all applicable laws, regulations and building codes, diligently performed in a good and workmanlike manner manner, using materials and of equipment at least equal in quality equal and class to or better than the original construction of standards for the BuildingProperty established by Landlord. No person shall be entitled With respect to any lien derived through or under Tenant and all Alterations for any labor or material furnished to the Leased Premises, and nothing in this Lease shall be construed to constitute a which Landlord’s consent by Landlord to the creation of any lien. 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 Tenantrequired, Tenant shall cause provide Landlord with “as built” plans (upon completion), copies of all construction contracts, governmental – 10 – permits and certificates and proof of payment for all labor and materials, including, without limitation, copies of paid invoices and final lien waivers. If Landlord’s consent to any Alterations is required, and Landlord provides that consent, then at the time Landlord so consents, Landlord shall also advise Tenant whether or not Landlord shall require that Tenant remove such lien Alterations at the expiration or termination of this Lease. If Landlord requires Tenant to be discharged remove the Alterations, then, during the remainder of record within thirty (30) days after filing. the Term, Tenant shall indemnify be responsible for the maintenance of appropriate commercial property insurance (pursuant to Section 10.2) therefor; however, if Landlord from all costsshall not require that Tenant remove the Alterations, lossessuch Alterations shall constitute Landlord’s Property (defined below) and Landlord shall be responsible for the insurance thereof, expenses and attorneys' fees in connection with any construction or alteration under this pursuant to Section 7.03, not performed by Landlord or an affiliate, and any related lien10.1.
Appears in 2 contracts
Samples: ArcherDX, Inc., ArcherDX, Inc.
Alterations. Except as permitted under Section 36 of this Lease, Tenant shall not make or permit alterations in to be made any alterations, additions or improvements in, upon or to the Leased Premises unless Premises, or any part of the Leased Premises, without the prior written consent of Landlord. In the event such consent is obtained, all such alterations, additions or improvements shall be performed at the expense of Tenant in a good, workmanlike manner, free from faults and until the defects and in accordance with all applicable laws and building codes and plans have been and specifications approved by Landlord in writing, which approval as to interior non-structural alterations Landlord. Tenant shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant shall have the right without Landlord's consent, and in compliance with all other provisions of this Section, allow any construction liens to make any non-structural alterations attach to the Leased Premises which do not materially impact or the Building's mechanical Property, Building or electrical systems, do not adversely affect the Building's appearance or valueImprovements in connection with any such alteration, and the cost failure of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15to have any such lien released within ninety 90) days prior after written notice from Landlord shall constitute a default under this Lease. In addition, Tenant shall indemnify, defend and hold Landlord harmless from any and all costs and expenses incurred by Landlord in connection with such construction liens, including, without limitation, attorneys fees and costs of any such litigation. All alterations, along with copies of plans additions or improvements (except trade fixtures) so made and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made installed by Tenant hereunder without Landlord's approval)shall become part of the realty, shall become the property of Landlord hereby agrees that, upon written request by Tenant, at and shall remain for the time that Tenant is contemplating alterations, benefit of Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the term or other expiration of this Lease Termin as good condition as they were when installed, reasonable wear and tear, casualty that is covered or required to be covered by insurance under this Lease, ordinary depreciation and obsolescence excepted; otherwiseprovided, all however, that any such alterations shall alteration, addition or improvement remaining at Landlord's option become a part the end of the realty and the property term or other expiration of this Lease, shall upon demand made by Landlord, and shall not be removed by Tenant. , at Tenant’s expense, and Tenant shall ensure that all alterations shall be made in accordance with all applicable lawsrepair any damage caused by such removal, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the 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 Lease shall be construed to constitute a consent by Landlord to the creation of any lien. If any lien is filed against restoring the Leased Premises for work claimed to have been done for their condition prior to the making of such alteration, addition or material claimed to have been furnished to Tenant, Tenant shall cause such lien to be discharged of record within thirty (30) days after filing. 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 lienimprovement.
Appears in 2 contracts
Samples: Lease (Corium International, Inc.), Lease (Corium International, Inc.)
Alterations. After the Commencement Date, Tenant shall not make or permit alterations in any Alterations in, on or about the Premises without the prior written consent of Landlord, 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 Leased interior of the 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 Building or the Building Systems, so long as Tenant provides Landlord with prior notice of any such Alterations (“Permitted Alterations”). If Tenant desires to make any Alterations to the Premises unless other than Permitted Alterations, Tenant shall submit the proposed plans and until the plans have been approved by specifications for such Alterations to Landlord in writingfor Landlord’s review and approval, which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoingIf 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, then Landlord shall be deemed to have approved such Alterations. Tenant shall have complete any Alterations to the right without Landlord's consentPremises at Tenant’s sole expense, and in compliance with all other provisions of this Sectionapplicable Laws, to make including any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systemspermit requirements, do not adversely affect the Building's appearance or valueby a licensed contractor, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; 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, regulations and building codes, in a good and workmanlike manner conforming in quality and of quality equal to or better than design with the original construction Premises existing as of the BuildingCommencement Date. No person Landlord acknowledges that, subject to Tenant’s receipt of all necessary governmental approvals, Tenant will have the right to install a reasonable number of electric vehicle charging stations in the parking area of the 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 entitled to any lien derived through and become the property of Landlord upon the expiration or under Tenant for any labor or material furnished to the Leased Premises, and nothing in 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 Premises at the expiration or sooner termination of 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 construed deemed to constitute a consent by Landlord have elected not to require Tenant to remove such Alterations. In no event, however, shall Tenant be required to remove the creation of any lienTenant Improvements from the Premises. If Tenant removes any lien is filed against the Leased Premises for work claimed to have been done for Alterations as required or material claimed to have been furnished to Tenantpermitted herein, Tenant shall cause repair any and all damage to the Premises caused by such lien removal and return the Premises to be discharged their condition as of record within thirty (30) days after filingthe Commencement Date, normal wear and tear excepted and subject to the provisions of Paragraph 22. Notwithstanding any other provision of this Lease, Tenant shall indemnify Landlord from all costs, losses, expenses be solely responsible for the maintenance and attorneys' fees in connection with repair of any construction or alteration under this Section 7.03, not performed Alterations made by Landlord or an affiliate, and any related lienit to the Premises.
Appears in 2 contracts
Samples: Lease (IGM Biosciences, Inc.), Lease (IGM Biosciences, Inc.)
Alterations. Tenant shall will not permit alterations in or make any alteration to the Leased Premises unless or any part thereof without first obtaining Landlord’s written approval of such alteration. In the absence of an agreement to the contrary, any alterations and until other improvements and any equipment, machinery, furniture, furnishings, and other property installed or located in the plans have been approved Premises or the Building by or on behalf of Landlord as defined hereinbelow) (a) immediately become the property of Landlord and (b) shall remain upon and be surrendered to Landlord with the Premises as a part thereof at the end of the Term; provided, however, that if Tenant is not in writing, which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoingdefault under this Lease, Tenant shall have the right without Landlord's consentto remove, prior to the end of the Term, Tenant’s Personal Property, and in compliance with all other provisions of this Sectionprovided, to make any non-structural alterations to further, that if the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided Landlord should elect that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval)removed, Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; otherwise, Tenant shall cause the same to be removed at Tenant’s expense or reimburse Landlord for doing so. “Tenant’s Personal Property” shall mean all such alterations shall equipment, machinery, improvements, furniture, furnishings and/or other property now or hereafter installed or placed in or on the Premises by and at the sole expense of Tenant with respect to which Tenant has not been granted any credit or allowance by Landlord's option become a part , and which (i) is not used, or was not procured for use, in connection with the operation, maintenance or protection of the realty Premises or the Building, (ii) is removable without damage to the Premises or the Building, and the (iii) is not a replacement of any property of Landlord, and whether such replacement is made at Tenant’s expense or otherwise. Notwithstanding any other provision of this Lease, Tenant’s Personal Property shall not be removed by include any alterations, or any improvements or other property installed or placed in or on the Premises as part of Landlord’s Work, whether or not any such alterations, improvements, or other property were at Tenant. 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 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 Lease shall be construed to constitute a consent by Landlord to the creation of any lien. 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, Tenant shall cause such lien to be discharged of 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’s expense.
Appears in 2 contracts
Samples: Office Lease Agreement (Global Defense Technology & Systems, Inc.), Office Lease Agreement (Global Defense Technology & Systems, Inc.)
Alterations. Tenant Except as set forth in Exhibit A, LESSEE shall not permit make structural alterations in or additions of any kind to the Leased Premises unless and until the plans have been approved by Landlord Premises, but may make nonstructural alterations provided XXXXXX consents thereto in advance in writing, which approval as to interior non-structural alterations consent shall not be unreasonably withheldwithheld provided said alterations are consistent in appearance and quality with the rest of the Building and Property. However, conditioned XXXXXX shall not be obligated to approve any such alterations which would subject LESSOR to additional expense to readapt or delayed. 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 prepare the Leased Premises for re-leasing upon the termination of this Lease or which do not materially impact would increase the BuildingOperating Expenses or Real Estate Tax Expenses of the Property. All such allowed alterations shall be at LESSEE's mechanical or electrical systemssole risk and expense, do not adversely affect the Buildingshall conform with LESSOR's appearance or valueconstruction specifications, shall be performed in good and workmanlike manner, and shall comply with all applicable codes and regulations. If XXXXXX performs any services for LESSEE in connection with such alterations or otherwise, any just invoice will be considered additional rent and will be promptly paid. LESSEE shall not permit any mechanics' liens, or similar liens, to remain upon the Leased Premises in connection with work of any character performed at the direction of LESSEE and shall cause any such lien to be released or removed without cost of which does not exceed Forty Five Thousand and 00/100 Dollars to LESSOR within ten ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (1510) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at XXXXXX. Any alterations or improvements shall become part of the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed real estate and the property of LESSOR. LESSEE shall remove any alteration or addition made by Tenant it and restore the Leased Premises and other affected area(s), if any, to the same condition as they were in on the Lease Commencement Date upon the expiration or termination of this Lease if LESSOR so directs, unless prior written approval for the alterations was granted by XXXXXX. Any alterations completed by LESSOR shall be `building standard" unless noted otherwise. LESSOR shall have the right at any time to change the end arrangement and layout of parking areas, stairs, walkways, common areas and other areas of the Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall Property not be removed by Tenant. 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 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 contained within the Leased Premises, to install, repair, replace, remove, use, maintain and nothing in this Lease shall be construed relocate for service to constitute a consent by Landlord to the creation of any lien. If any lien is filed against the Leased Premises for work claimed and to have been done for other parts of the Property, pipes, ducts, conduits, wires and appurtenant fixtures wherever located inside or material claimed outside of the Building and the Property, to have been furnished change the boundaries of the lot upon which the Building is located, to Tenant, Tenant shall cause such lien construct additions to be discharged of 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 affiliateexisting buildings on the Property, and to construct additional buildings and improvements on the Property, LESSOR hereby agreeing that any related liensuch alterations shall not unreasonably reduce LESSEE's access to the Leased Premises or unreasonably inconvenience the operation of LESSEE's business on the Leased Premises or LESSEE's employees or invitees.
Appears in 2 contracts
Alterations. Except as set forth on Exhibit “C” attached hereto, Tenant shall not permit alterations in without first obtaining Landlord’s written approval: (a) make or cause to be made any alterations, additions, or improvements (collectively, “Alterations”); (b) install or cause to be installed any fixtures, signs, floor coverings, interior or exterior lighting, plumbing fixtures, shades or awnings; or (c) make any other changes to the Leased Premises unless without first obtaining Landlord’s written approval. The foregoing notwithstanding, if the proposed Alteration is, in Landlord’s judgment, (a) likely to affect the structure of the Building or the electrical, plumbing, life safety or HVAC systems or otherwise adversely impacts the value of the Building, (b) does not comply with applicable laws, (c) affects the exterior of the Leased Premises, (d) violates any existing covenants, conditions or restrictions affecting the Property or violates Landlord’s loan documents, or (e) would unreasonably interfere with the normal business operations of other tenants in the Building, if any, such consent may be withheld at the sole and until absolute discretion of Landlord; except for the plans have been approved by Landlord in writingforegoing, which Landlord’s approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. Notwithstanding Tenant shall present to Landlord plans and specifications for such work at the foregoingtime approval is sought. In the event Landlord consents to the making of any Alterations to the Leased Premises by Tenant, the same shall be made by Tenant at Tenant’s sole cost and expense. All such work shall be done only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld. All such work with respect to any Alterations shall be done in a good and workmanlike manner and diligently prosecuted to completion such that, except as absolutely necessary during the course of such work, the Leased Premises shall at all times be a complete operating unit. Any such Alterations shall be performed and done strictly in accordance with all laws and ordinances relating thereto. In performing the work or any such alterations, additions, or changes, Tenant shall have the right without Landlord's consentsame performed in such a manner as not to obstruct access to any portion of the Building. Any Alterations to or of the Leased Premises, including, but not limited to, wallcovering, paneling, and in compliance with all other provisions of this Sectionbuilt‑in cabinet work, to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systemsbut excepting movable furniture and equipment, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; otherwise, all such alterations shall at Landlord's option once 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 surrendered with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the 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 Lease shall be construed to constitute a consent by Landlord to the creation of any lien. If any lien is filed against the Leased Premises for work claimed unless Landlord otherwise elects at the time permission is granted to have been done for Tenant to install such items. Notwithstanding anything herein to the contrary, with respect to any non-structural alteration which (i) does not affect any Building system or material claimed to have been furnished to Tenantany portion of the Building outside the Leased Premises and (ii) does not cost more than $25,000 in the aggregate in a twelve (12) month period, Tenant shall cause such lien to the consent of Landlord will not be discharged of record within thirty (30) required, provided Landlord receives at least 10 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 lienadvance notice thereof.
Appears in 2 contracts
Samples: Lease Agreement (Healthequity Inc), Lease Agreement (Healthequity Inc)
Alterations. Tenant shall not permit alterations make additions, alterations, changes or improvements in or to any structural components or the exterior of the Leased Premises unless and until or which reduce the plans have been approved by Landlord in writingvalue of the Leased Premises without the prior written consent of Landlord, which approval as to interior non-structural alterations consent shall not be unreasonably withheld. In the event that Landlord consents to such additions, conditioned alterations, changes or delayed. Notwithstanding improvements, then all additions, alterations, changes or improvements shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the foregoingproperty of Landlord; provided, Tenant shall have however, Landlord may, at its option, require Tenant, at Tenant’s sole cost and expense, to remove any such additions, alterations, changes or improvements at the right without Landlord's consentexpiration or sooner termination of this Lease, and in compliance with all other provisions of this Section, to make repair any non-structural alterations damages to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, caused by such removal provided that Landlord has informed Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, requirement at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall not be removed keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant. Tenant shall ensure that all alterations shall be made or at the direction of Tenant in accordance connection with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the 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 Lease shall be construed agrees to constitute a consent by Landlord to obtain the creation discharge of any lienlien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. If Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any lien is filed against labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises for work claimed to have been done for Premises, Property or material claimed to have been furnished to Tenant, Tenant shall cause such lien to be discharged of record within thirty (30) days after filing. 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 lienPark as a result thereof.
Appears in 2 contracts
Samples: Lease Agreement (EverBank Financial Corp), Lease Agreement (EverBank Financial Corp)
Alterations. Tenant shall not permit alterations in make or suffer to be made any alteration, addition or improvement to or of the Leased Premises unless and until or any part thereof (collectively referred to herein as “alterations”) without (i) the plans have been approved by prior written consent of Landlord in writing, (which approval as to interior non-structural alterations consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding withheld and Landlord further agrees that Landlord shall not raise the foregoing, Tenant shall have the right without Landlord's consent, and in compliance with all other provisions basic rent as of this Section, to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approvalconsent), Landlord hereby agrees that, upon written request (ii) a valid building permit issued by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant appropriate governmental authority and restore the Leased Premises at the end of the Lease Term; 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 (iii) otherwise complying with all applicable laws, regulations and building codesrequirements of governmental agencies having jurisdiction and with the rules, in regulations and requirements of any board of fire underwriters or similar body. Any alteration made by Tenant (excluding moveable furniture and trade fixtures not attached to the Premises) shall at once become a good and workmanlike manner and of quality equal to or better than the original construction part of the BuildingPremises and belong to Landlord. No person Without limiting the foregoing, all heating, lighting, electrical (including all wiring, conduit, outlets, drops, xxxx ducts, main and subpanels), air conditioning, partitioning, drapery and carpet installations made by Tenant, regardless of how attached to the Premises, together with all other alterations that have become an integral part of the Project in which the Premises are a part, shall be entitled and become part of the Premises and belong to Landlord upon installation and shall not be deemed trade fixtures, and shall remain upon and be surrendered with the Premises at the termination of the lease. If Landlord consents to the making of any lien derived through alteration by Tenant, the same shall be made by Tenant at its sole risk, cost and expense and only after Landlord’s written approval of any contractor or under person selected by Tenant for any labor that purpose (provided that Landlord waives the right to approve such contractor or material furnished to person if the Leased Premisessame is a duly licensed contractor and a valid building permit is issued by the appropriate governmental authority), and nothing in this Lease the same shall be construed made at such time and in such manner as Landlord may from time to constitute time designate. Tenant shall, if required by Landlord, secure at Tenant’s cost a consent completion and lien indemnity bond for such work. Upon the expiration or sooner termination of the term, Landlord may, at is sole option, require Tenant, at Tenant’s sole cost and expense, to promptly both remove any such alteration made by Tenant and designated by Landlord to be removed and repair any damage to the creation Premises caused by such removal. Any moveable furniture and equipment or trade fixtures remaining on the Premises at the expiration or other termination of the term shall become the property of the Landlord unless promptly removed by Tenant. If during the term, and subject to paragraph 7 above, any alteration, addition or change of the Premises or the Project is required by law, regulation, ordinance or order of any lienpublic or quasi-public authority, Tenant, at its sole cost and expense, shall promptly make the same. If during the term any lien alterations, additions or changes to the Common Area or to the Project in which the Premises is filed against located is required by law, regulation, ordinance or order of any public or quasi-public authority, and it is impractical in the Leased Premises Landlord’s judgment for work claimed the affected tenants to have been done for individually make such alterations, additions or material claimed to have been furnished to Tenantchanges, Landlord shall make such alterations, additions or changes and the cost thereof shall be a common area charge and Tenant shall cause pay its percentage share of such lien cost to be discharged of record within thirty (30) days after filing. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys' fees as provided in connection with any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienparagraph 16.
Appears in 2 contracts
Samples: Entire Agreement (Southwall Technologies Inc /De/), Entire Agreement (Southwall Technologies Inc /De/)
Alterations. Subsequent to the completion of any Landlord’s Work pursuant to Section 2, if any, Tenant shall not permit alterations in attach any fixtures, equipment or other items to the Leased Premises unless and until Premises, or paint or make any other additions, changes, alterations, repairs or improvements (collectively hereinafter “Alterations”) to the plans have been approved by Landlord in writingPremises, Building , Property, or Center without Landlord’s prior written consent, which approval as with respect to interior non-structural alterations shall Alterations to the Premises will not be unreasonably withheldwithheld so long as Tenant is not then in default of this Lease (beyond any applicable cure period). For any proposed work in excess of $5,000 or that involves any Alterations to the structure of the Building or the Systems and Equipment, Landlord may condition its consent on Tenant’s delivery to Landlord of a letter of credit or completion bond in the amount of 50% of the estimated cost of the Alterations, conditioned or delayedupon Tenant’s timely completion of the work and payment of all persons having lien rights on account of the work. 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 or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives If Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect consents to any alterations permitted to be made by Tenant hereunder without Landlord's approval)Alterations, Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end may post notices of the Lease Term; 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 nonresponsibility in accordance with all applicable lawslaw. Any Alterations so made shall remain on and be surrendered with the Premises upon expiration or earlier termination of this Lease, regulations and building codesexcept that Landlord may, in a good and workmanlike manner and within thirty (30) days before expiration of quality equal to or better than the 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 Lease shall be construed to constitute a consent by Landlord to the creation of any lien. 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, Tenant shall cause such lien to be discharged of record within thirty (30) days after filingearlier termination of this Lease elect to require Tenant to remove any or all Alterations at Tenant’s sole cost and expense; provided, however, at the time Tenant submits plans for requested Alterations to Landlord for Landlord’s approval, Tenant may request Landlord to identify which Alterations Landlord may require Tenant to remove at the termination of or expiration of this Lease, and Landlord shall make such identification simultaneous with its approval (if any) of the Alterations. If Landlord elects to require removal of Alterations, then at its own and sole cost Tenant shall indemnify restore the Premises to the condition prior to the installation of the alteration (reasonable wear and tear, condemnation and casualty damage excepted), before the last day of the term or within thirty (30) days after notice of its election is given, whichever is later. If after receiving Landlord’s consent to any alteration, Tenant changes or modifies its planned alteration, Tenant shall obtain Landlord’s consent to all such changes and modifications. Landlord from consents to all costs, losses, expenses and attorneys' fees of Tenant’s Alterations to the Premises in connection with any construction or alteration under existence on the date of this Section 7.03, not performed by Landlord or an affiliate, and any related lienLease.
Appears in 2 contracts
Samples: Lease (Trupanion Inc.), Lease (Trupanion Inc.)
Alterations. 3. Tenant shall not permit alterations make no changes in or to the Leased Premises unless demised premises of any nature without Owner's prior written consent. Subject to the prior written consent of Owner, and until to the plans have been approved by Landlord in writingprovisions of this article, Tenant at Tenant's expense, may make alterations, installations, additions or improvements which approval as to interior are non-structural alterations shall not be unreasonably withheld, conditioned or delayed. 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 affect utility services or plumbing and electrical lines, in or to the Building's mechanical interior of the demised premises by using contractors or electrical systemsmechanics first approved by Owner. Tenant shall, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of before making any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (oradditions, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenantinstallations or improvements, at the time that Tenant is contemplating alterationsits expense, Landlord will inform Tenant as to whether such proposed alterations will be obtain all permits, approvals and certificates required to be removed by Tenant any governmental or quasi-governmental bodies and restore the Leased Premises at the end (upon completion) certificates of the Lease Term; otherwise, final approval thereof and shall deliver promptly duplicates of all such alterations shall at Landlordpermits, approvals and certificates to Owner and Tenant agrees to carry and will cause Tenant's option become a part of the realty contractors and the sub-contractors to carry such xxxxxxx'x compensation, general liability, personal and 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, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the 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 Lease shall be construed to constitute a consent by Landlord to the creation of any liendamage insurance as Owner may require. If any mechanic's lien is filed against the Leased Premises demised premises, or the building of which the same forms a part, for work claimed to have been done for for, or material claimed materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within thirty 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 by Owner in 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 been furnished 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. 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 premises or upon removal of other installations as may be required by Owner, Tenant shall cause immediately and at its expense, repair and restore the premises to the condition existing prior to installation and repair any damage to the demised premises or the building due to such lien removal. All property permitted or required to be discharged removed, by Tenant at the end of record within thirty (30) days the term remaining in the premises after filing. Tenant Tenant's removal shall indemnify Landlord be deemed abandoned and may, at the election of Owner, either be retained as Owner's property or may be removed from all coststhe premises by Owner, 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 lienat Tenant's expense.
Appears in 2 contracts
Samples: Second Lease Consolidation and Extension Agreement (American Portfolios Holdings Inc), Second Lease Consolidation and Extension Agreement (American Portfolios Holdings Inc)
Alterations. Tenant may, from time to time, at its expense, make alterations or improvements in and to the Premises (hereinafter collectively referred to as “Alterations”; provided that this term shall not permit alterations in or apply to the Leased Premises unless and until the plans have been approved by Landlord in writingTenant Improvements, which approval as to interior non-structural alterations are governed by other provisions), provided that Tenant first obtains the written consent of Landlord, which shall not be unreasonably withheld, conditioned delayed or delayedconditioned. Notwithstanding All of the foregoingfollowing shall apply with respect to all Alterations: (a) the Alterations are non-structural and the structural integrity of the Premises shall not be affected; (b) the proper functioning of the mechanical, electrical, heating, ventilating, air-conditioning (“HVAC”), sanitary and other service systems of the Premises shall not be adversely affected; and (c) Tenant shall have appropriate insurance coverage, reasonably satisfactory to Landlord, regarding the performance and installation of the Alterations. Additionally, before proceeding with any Alterations, Tenant shall have (i) at Tenant’s expense, obtain all necessary governmental permits and certificates for the right without commencement and prosecution of Alterations; (ii) if Landlord's consent’s consent is required for the planned Alteration, submit to Landlord, for its written approval, working drawings, plans and specifications and all permits for the work to be done and Tenant shall not proceed with such Alterations until it has received Landlord’s approval (if required), , which shall not be unreasonably withheld, delayed or conditioned, and which shall be given or declined within ten (10) business days. If Landlord declined to give its consent Landlord shall provide the reasons with reasonably specificity, and Tenant may resubmit a request for approval which addresses such reasons, which shall again but subject to the above-referenced 10-day provision; and (iii) cause any contractors or others engaged to perform the Alterations to deliver to Landlord certificates of insurance (in a form reasonably acceptable to Landlord) evidencing policies of commercial general liability insurance (providing the same coverages as required in Section 10 above) and workers’ compensation insurance. Such insurance policies shall satisfy the obligations imposed under Section 10. Tenant shall cause the Alterations to be performed in compliance with all other provisions applicable permits, Laws and requirements of this Section, to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or valuepublic authorities, and any other reasonably restrictions that Landlord may impose on the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; 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 TenantAlterations. Tenant shall ensure that all alterations shall cause the Alterations to be made in accordance with all applicable laws, regulations and building codes, diligently performed in a good and workmanlike manner manner, using new materials and of equipment at least equal in quality equal and class to or better than the original construction of standards for the BuildingPremises established by Landlord. No person shall be entitled With respect to any lien derived through or under Tenant and all Alterations for any labor or material furnished to the Leased Premises, and nothing in this Lease shall be construed to constitute a which Landlord’s consent by Landlord to the creation of any lien. 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 Tenantrequired, Tenant shall cause such provide Landlord with “as built” plans, copies of all construction contracts, governmental permits and certificates and proof of payment for all labor and materials, including, without limitation, copies of paid invoices and final lien waivers. If Landlord’s consent to be discharged of 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 affiliateAlterations is required, and any related lienLandlord provides that consent, then at the time Landlord so consents, Landlord shall also advise Tenant whether or not Landlord shall require that Tenant remove such Alterations at the expiration or termination of this Lease.
Appears in 2 contracts
Samples: Renewal Option (United Natural Foods Inc), Renewal Option (United Natural Foods Inc)
Alterations. Tenant shall not permit alterations in or to the Leased Premises unless and until the plans and the contractor have been approved by Landlord in writing, which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. 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 or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at may require Tenant to remove the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at upon termination of this Lease to the end condition existing prior to the installation of the Lease Termsuch alterations; otherwise, all such alterations shall at Landlord's ’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, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the original construction of the BuildingBuilding and that its contractors comply with the terms and conditions of Landlord’s building standards (which Landlord agrees to furnish to Tenant upon request therefor). Upon 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 lien. 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, Tenant shall cause such lien to be discharged of record or bonded from the Project within thirty (30) days after Tenant’s actual notice of such lien 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 to the Leased Premises by Landlord or an affiliate, Tenant and any related lien. Notwithstanding anything to the contrary above, Tenant shall have the right to make alterations to the Leased Premises without obtaining Landlord’s prior written consent provided that (i) excluding replacing carpeting and other floor coverings, such alterations do not exceed 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 the 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 completion thereof. Notwithstanding anything to the contrary in this Lease, Landlord shall not construct any floors above the Building or place any other improvements thereon other than as specifically provided in the Plans and Specifications.
Appears in 2 contracts
Samples: Office, Warehouse and Distribution Center (Container Store Group, Inc.), Office, Warehouse and Distribution Center (Container Store Group, Inc.)
Alterations. With the exception of the Tenant Improvements, Tenant shall not permit alterations in or to the Leased Premises unless and until Landlord has approved the plans have been approved by Landlord therefor in writing; provided, which approval as to interior non-structural alterations shall not be unreasonably withheldhowever, conditioned or delayed. Notwithstanding the foregoing, that 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 Premises, without obtaining Landlord’s prior written consent provided that (a) such alterations do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Twenty Thousand and 00/100 No/100 Dollars ($45,000.0020,000.00) in cost in any one instance and Two Hundred Thousand and No/100 Dollars ($200,000.00) in cost in the aggregate, provided that aggregate during the Lease Term; (b) such alterations are non-structural and non-mechanical in nature; (c) such alterations do not require a permit; (d) Tenant gives provides Landlord fifteen (15) days with prior written notice of any its intention to make such alterations, along stating in reasonable detail the nature, extent and estimated cost of such alterations, together with copies of the plans and specifications relating theretofor the same, to the extent applicable, and (e) at Landlord’s option, Tenant must remove such alterations and restore the Leased Premises upon termination of this Lease. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at may require Tenant to remove the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end upon termination of the Lease Termthis Lease; otherwise, all such alterations shall at Landlord's ’s option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Notwithstanding anything contained herein to the contrary, Tenant shall have no obligation hereunder to remove any of the Tenant Improvements or to otherwise remove any other alterations or improvements which have been made by Tenant with the express written consent of Landlord, unless, at the time of granting such consent, Landlord has expressly required the removal of any such proposed alterations or improvements as a condition to granting such consent. 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 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 Lease shall be construed to constitute a Landlord’s consent by Landlord to the creation of any lien. 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, Tenant shall cause such lien to be discharged of 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. Tenant agrees that at Landlord’s option, Duke Construction Limited Partnership or a subsidiary or affiliate of Landlord, shall have the right to bid to perform all work on any alterations to the Leased Premises that require Landlord’s consent, provided that Duke Construction Limited Partnership or such other subsidiary or affiliate of Landlord that Landlord elects to do the work shall have the skills and experience necessary to perform the work and shall be competitively priced.
Appears in 2 contracts
Samples: Office Lease (MaxPoint Interactive, Inc.), Office Lease (MaxPoint Interactive, Inc.)
Alterations. After the Commencement Date, Tenant shall not make or permit alterations 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 or cost, without the prior written consent of Landlord, and according to the Leased Premises unless plans and until the plans have been specifications approved in writing by Landlord in writingLandlord, which approval as to interior non-structural alterations consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, foregoing Tenant shall have not, without 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 or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property consent of Landlord, make any: (i) Alterations to the exterior of the Building; (ii) Alterations to and shall not be removed by Tenantpenetrations 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. Tenant shall ensure that all alterations All Alterations shall be made installed at Tenant’s sole expense, in accordance compliance with all applicable laws, regulations and building codesby a licensed contractor, shall be done in a good and workmanlike manner conforming in quality and of quality equal to or better than design with the original construction Premises existing as of the BuildingCommencement Date, and shall not diminish the value of either the Building or the Premises. No person All Alterations made by Tenant shall be entitled and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property; provided, however, that if Landlord informed Tenant at the time of its approval of any Alterations that Tenant would be required to any lien derived through remove such Alterations from the Premises at the expiration or under sooner termination of this Lease, then Tenant for any labor shall, at Tenant’s expense, remove such Alterations from the Premises at the expiration or material furnished sooner termination of this Lease and restore the Premises to their condition existing prior to the Leased Premises, and nothing in installation of such Alterations. Notwithstanding any other provision of this Lease shall be construed to constitute a consent by Landlord to the creation of any lien. 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 TenantLease, Tenant shall cause such lien be solely responsible for the maintenance and repair of any and all Alterations made by it to be discharged of record within thirty (30) days after filingthe Premises. Tenant shall indemnify give Landlord from all costs, losses, expenses written notice of Tenant’s intention to perform work on the Premises at least twenty (20) days prior to the commencement of such work to enable Landlord to post and attorneys' fees in connection with record a Notice of Nonresponsibility or other notice deemed proper before the commencement of any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related liensuch work.
Appears in 2 contracts
Samples: Lease (VirnetX Holding Corp), Lease (Pasw Inc)
Alterations. Tenant shall not permit alterations make no alterations, installations, changes or additions in or to the Leased Premises unless and until or the plans have been approved by Landlord in writingProject (collectively, "Alterations") without Landlord's prior written consent, which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. Notwithstanding anything to the foregoingcontrary contained herein, Tenant shall have may make strictly cosmetic changes to the right finish work in the Premises (the "Cosmetic Alterations"), without Landlord's consent, and in compliance with all other provisions of this Section, to make any non-structural alterations to provided that the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the aggregate cost of which any such alterations does not exceed Forty Five Thousand $25,000.00 in any twelve (12) month period, and 00/100 Dollars ($45,000.00) in the aggregate, further provided that such alterations do not (i) require any structural or other substantial modifications to the Premises, (ii) require any changes to, nor adversely affect, the systems and equipment of the Project, or (iii) affect the exterior appearance of the Project. If the contractor(s) for any such Cosmetic Alterations could potentially place a lien on the Project, Tenant gives shall give Landlord at least fifteen (15) days prior written notice of any such alterationsCosmetic Alterations, along which notice shall be accompanied by reasonably adequate evidence that such changes meet the criteria contained in this Section 9(c). Any Alterations approved by Landlord must be performed in accordance with copies the terms hereof, using only contractors or mechanics approved by Landlord in writing and upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications relating thereto. As a condition of such approval (orpertaining to the Alterations in question, with respect to any alterations permitted to be made prepared and submitted by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant its sole cost and restore the Leased Premises at the end of the Lease Term; 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 Tenantexpense. Tenant shall ensure that at its sole cost and expense obtain all alterations necessary approvals and permits pertaining to any Alterations approved by Landlord. Tenant shall cause all Alterations to be made in accordance with all applicable laws, regulations and building codes, performed in a good and workmanlike manner manner, in conformance with all applicable federal, state, county and of quality equal municipal laws, rules and regulations, pursuant to or better than the 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 Premisesa valid building permit, and nothing in this Lease shall be construed to constitute a consent by Landlord to the creation of any lienconformance with Landlord's construction rules and regulations. If Landlord, in approving any lien is filed against the Leased Premises for work claimed to have been done for or material claimed to have been furnished to TenantAlterations, specifies a commencement date therefor, Tenant shall cause not commence any work with respect to such lien Alterations prior to be discharged of record within thirty (30) days after filingsuch date. Tenant shall indemnify hereby agrees to indemnify, defend, and hold Landlord free and harmless from all costsliens and claims of lien, lossesand all other liability, expenses claims and attorneys' fees demands arising out of any work done or material supplied to the Premises by or at the request of Tenant in connection with any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienAlterations.
Appears in 1 contract
Samples: Office Lease (Mitek Systems Inc)
Alterations. Tenant shall 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 delayed. Notwithstanding the foregoing, The Tenant shall have the right without to make or erect in or to the Demised Premises any installations, alteration, additions or partitions with the Landlord's consentprior written consent in each instance (such consent not to be unreasonably withheld or delayed) such work may be performed by employees of, and in compliance or contracted for with contractors engaged by the Tenant, subject to all other provisions conditions which the Landlord may impose; including, without limitation, the right, at the option of this Sectionthe Landlord, to make require that the Landlord's contractors be engaged for any non-mechanical, electrical or structural alterations work, provided that the Landlord shall charge the Tenant at cost for all minor structural work and competitive rates for all structural work that is not minor structural work. The Tenant shall promptly pay to the Leased Premises which do not materially impact Landlord's contractors or the BuildingTenant's mechanical or electrical systemscontractors, do not adversely affect as the Building's appearance or valuecase may be, and when due, the cost of all such work and of all materials, labour and services involved therein and of all costs of re-decoration or of alterations or additions to the Demised Premises or the Building necessitated thereby. Without limiting the generality of any of the foregoing, any work performed by or for the Tenant shall be performed by competent workxxx xxxse trade union affiliations are not incompatible with those of any workxxx xxx may be employed in the Building by the Landlord, its contractors or subcontractors, and shall be subject to the reasonable supervision and direction of the Landlord. The Tenant shall have the right to make alterations and installations at its own expense from time to time during the Lease term or any renewal thereof, provided it has the Landlord's consent which does shall not exceed Forty be unreasonably withheld or delayed and in accordance with the Lease as negotiated. Furthermore, the Tenant shall not require the Landlord's consent for any alterations and installations less than Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval5,000.00), Landlord hereby agrees thatunless such work affects the mechanical, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; 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, regulations and building codes, in a good and workmanlike manner and of quality equal to electrical or better than the original construction structural elements of the Building. No person shall be entitled The Tenant agrees 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 lien. 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, Tenant shall cause such lien to be discharged of record within thirty (30) days after filing. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys' fees in connection comply with any construction and all Building and Fire Code Regulations, or alteration under any other governmental body or legislation having jurisdiction over this Section 7.03, not performed by Landlord or an affiliate, and any related lienrequirement.
Appears in 1 contract
Samples: Genesis Microchip Inc
Alterations. Tenant shall not make or permit alterations in or to any Alterations, without the Leased Premises unless and until the plans have been approved by Landlord in writing, which approval as to interior non-structural alterations prior written consent of Landlord. Such consent shall not be unreasonably withheldwithheld or delayed in the case of interior Alterations which do not affect the structure, conditioned roof, foundation, exterior walls, or delayed. Notwithstanding mechanical or sprinkler systems of the foregoing, Tenant shall have the right without Building and may be granted or withheld in Landlord's consentsole discretion in the case of all other Alterations. Landlord may impose any reasonable conditions to its consent to Alterations, including, without limitation, (i) delivery to Landlord, as the work progresses, of partial waivers of mechanic's and materialmen's liens with respect to the Building and the Land for all work, labor and services performed and materials furnished, signed by all contractors, subcontractors, materialmen and laborers participating in the Alterations (with a final fully executed release of liens to be delivered to Landlord upon completion of the Alterations), (ii) prior approval of the plans and specifications and Tenant's contractor(s) with respect to the Alterations, and (iii) supervision by Landlord or Landlord's representative of the Alterations. The Alterations shall conform to the requirements of Landlord's and Tenant's insurers and of the federal, state and local governments having jurisdiction over the Building (including, without limitation, all applicable provisions of the ADA), shall be performed in compliance accordance with all other the terms and provisions of this Section, to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; 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, regulations and building codes, in a good and workmanlike manner and of quality equal to shall not adversely affect the value, utility or better than the original construction character of the Building. No person If the Alterations are not performed in accordance with the terms hereof, Landlord shall be entitled have the right, at Landlord's option, to halt any lien derived through further Alterations, or under to require Tenant for any labor or material furnished to construct the Alterations as herein required or, in the event that Tenant begins performing the Alterations without first obtaining Landlord's prior written consent, to require Tenant to restore the Building to the Leased Premisescondition, and nothing in this Lease shall be construed to constitute a consent by Landlord to which they existed before such Alterations. Notwithstanding the creation of foregoing, if any lien. If any mechanic's or materialmen's lien is filed against the Leased Premises Building or the Land for work claimed to have been done for for, or material materials claimed to have been furnished to or for the benefit of Tenant, Tenant shall cause such lien to shall be discharged of record by Tenant within thirty fifteen (3015) days after filingthe date of filing by the payment thereof or the filing of any bond required by law. If Tenant shall fail to timely discharge any such lien, Landlord may (but shall not be obligated to) discharge the same, the cost of which shall be paid by Tenant within ten (10) days of demand by Landlord. Such discharge, by Landlord shall not be deemed to waive or release the default of Tenant in not discharging the same. Neither Landlord's consent to the Alterations nor anything contained in this Lease shall be deemed to be the agreement or consent of Landlord to subject Landlord's interest in the Building or the Land to any mechanic's or materialmen's liens which may be filed in connection with the Alterations. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys' fees be entitled to install normal decorations in connection with any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienthe Building without Landlord's prior consent.
Appears in 1 contract
Samples: Lease Agreement (Gene Logic Inc)
Alterations. Tenant shall not permit alterations make no alterations, installations, changes or additions in or to the Leased Premises unless and until or the plans have been approved by Landlord in writingProject (collectively, which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed“Alterations”) without Landlord’s prior written consent. Notwithstanding anything to the foregoingcontrary contained herein, Tenant shall have may make minor changes to the right Premises (the “Minor Alterations”), without Landlord's ’s consent, and in compliance with all other provisions of this Section, to make any non-structural alterations to provided that the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the aggregate cost of which any such alterations does not exceed Forty Five One Hundred Thousand and 00/100 Dollars ($45,000.00100,000.00) in the aggregateany twelve (12) month period, and further provided that such alterations do not (i) require any structural or other substantial modifications to the Premises, (ii) require any changes to, nor adversely affect, the systems and equipment of the Building (including, without limitation, the sprinkler system), or (iii) affect the exterior appearance of the Project. Tenant gives shall give Landlord at least fifteen (15) days prior written notice of any such alterationsMinor Alterations, along which notice shall be accompanied by reasonably adequate evidence that such changes meet the criteria contained in this Article 9. Any Alterations approved by Landlord must be performed in accordance with copies the terms hereof, using only contractors or mechanics approved by Landlord in writing and upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications relating thereto. As a condition of such approval (orpertaining to the Alterations in question, with respect to any alterations permitted to be made prepared and submitted by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord its sole cost and expense which approvals will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; 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 Tenantwithheld or delayed unreasonably. Tenant shall ensure that at its sole cost and expense obtain all alterations necessary approvals and permits pertaining to any Alterations. Tenant shall cause all Alterations to be made in accordance with all applicable laws, regulations and building codes, performed in a good and workmanlike manner manner, in conformance with all applicable federal, state, county and of quality equal municipal laws, rules and regulations, pursuant to or better than the 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 Premisesa valid building permit, and nothing in this Lease shall be construed to constitute a consent by Landlord to the creation of any lienconformance with Landlord’s construction rules and regulations. If Landlord, in approving any lien is filed against the Leased Premises for work claimed to have been done for or material claimed to have been furnished to TenantAlterations, specifies a reasonable commencement date therefor, Tenant shall cause not commence any work with respect to such lien Alterations prior to be discharged of record within thirty (30) days after filingsuch date. Tenant shall indemnify hereby agrees to indemnify, defend, and hold Landlord free and harmless from all costsliens and claims of lien, lossesand all other liability, expenses claims and attorneys' fees demands arising out of any work done or material supplied to the Premises by or at the request of Tenant in connection with any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienAlterations.
Appears in 1 contract
Samples: Standard Office Lease (Move Inc)
Alterations. Tenant Except for the Subtenant Improvements and Minor Alterations (as defined in the Lease), Subtenant shall not permit alterations in make any alterations, additions or other physical changes to the Leased Premises ("Alterations") without obtaining the prior written consent of Landlord, Tenant, and Sublandlord. Such Alterations shall be performed in accordance with the terms and conditions of Article 10 of the Lease; provided, however, Subtenant shall be permitted to make Minor Alterations (as such term is defined under the Lease) provided such Minor Alterations meet the requirements and are performed in accordance with the requirements set forth in the Lease. Further to the extent the necessary consents are given with respect to the Alterations, the performance of such Alterations shall also be subject to all the terms and conditions of Article 10 of the Lease. Subtenant shall reimburse Sublandlord for all out-of-pocket costs payable by Sublandlord with regard to reviewing any proposed Alterations. All Alterations shall immediately become Landlord's property upon installation or completion thereof, unless Landlord elects otherwise. Upon expiration of the Sublease Term, to the extent allowed under the Lease, Subtenant shall remove (i) all of its trade fixtures and until personal property from the plans have been approved Sublease Space and repair any damage resulting from such installation or removal, (ii) all Alterations installed by or on behalf of Subtenant that are required to be removed pursuant to the terms and conditions of the Lease, and (iii) upon request by Sublandlord, all Alterations installed by or on behalf of Subtenant, shall be removed from the Premises and Subtenant shall promptly restore the Sublease Space to the condition then existing prior to such removal; provided, however, in the event Landlord in writingdoes not require removal of such Alterations, which approval as to interior non-structural alterations then Sublandlord shall not be unreasonably withheldrequire Subtenant to remove the same. Additionally, conditioned or delayed. Notwithstanding in the foregoing, Tenant shall have the right without Landlord's consent, and event Subtenant intends to perform any Alterations costing in compliance with all other provisions excess of this Section, to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Twenty Thousand and 00/100 Dollars ($45,000.00) in 20,000.00), but less than Two Hundred Thousand Dollars ($200,000.00), Subtenant provide Sublandlord and Tenant a copy of the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written consent of Landlord and Subtenant (i) provides Sublandlord and Tenant with a copy of Landlord's written notice advising that Landlord shall not require the removal of any such alterationsthe same upon the expiration or termination of the Lease, along or (ii) solely if required by Tenant in connection with copies the Alterations, Subtenant deposits funds with Sublandlord in an amount equal to one hundred then (110%) of plans and specifications relating thereto. As a condition the reasonably anticipated cost of the removal of such approval Alterations (or, with respect to any alterations permitted to the “Alterations Deposit”). The Alterations Deposit shall be made held by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at Sublandlord until the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end expiration or termination of the Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlordthis Sublease, and shall not be removed by Tenant. 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 returned to or better than the 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 Lease shall be construed to constitute a consent by Landlord to the creation of any lien. 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, Tenant shall cause such lien to be discharged of record Subtenant within thirty (30) days after filingfollowing the expiration or earlier termination thereof, provided Subtenant complies with its obligation, if any, to remove such Alterations. Tenant Notwithstanding anything in this Sublease to the contrary, if Landlord notifies Sublandlord to remove any Alterations installed by Subtenant at the expiration or earlier termination of the Lease pursuant to the Lease, then Subtenant, at its sole cost and expense, shall indemnify Landlord from all costsremove such Alterations before the Expiration Date or earlier termination of this Sublease; provided that Sublandlord receives such notification prior to the expiration of the Sublease Term in accordance with the Lease and 2019 Sublease. Within ten (10) business days following the completion of any Alterations in the Premises (other than Minor Alterations), lossesSubtenant shall provide Sublandlord with notice that it has completed the same and Sublandlord may, expenses and attorneysupon forty-eight (48) hours' fees prior notice to Subtenant, be permitted access to the Premises for the purpose of inspecting such Alterations. The obligations set forth in connection with any construction the two preceding sentences shall survive the termination or alteration under expiration of this Section 7.03, not performed by Landlord or an affiliate, and any related lienSublease.
Appears in 1 contract
Alterations. Tenant shall not permit alterations in make any alterations, additions, decorations or other improvements to the Leased Premises unless and until or install any fixtures or equipment thereto (collectively "Alterations"), without the plans have been approved by Landlord in writingLandlord's prior written approval, which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned delayed or delayedconditioned. Notwithstanding All Alterations to the foregoingPremises shall be performed at Tenant's sole cost and expense by Landlord or, at Landlord's option, by Tenant in accordance with drawings and specifications prepared at Tenant's sole cost and expense, which drawings and specifications shall be consistent with the standards applicable thereto set forth in Exhibit "D" attached hereto. So long as Tenant is not in default hereunder, Tenant shall have the right without with the consent of Landlord's consent, and in compliance with all other provisions of this Sectionnot to be unreasonably withheld, but not the obligation, to make remove any non-structural alterations to of said Alterations which constitute trade fixtures during and at the Leased Premises which do not materially impact expiration of the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, Term and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregateany extension thereof, provided that Tenant gives Landlord fifteen (15) days prior written notice of repairs any such alterations, along with copies of plans and specifications relating theretodamage caused by said removal. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end All of the Lease Term; otherwiseAlterations remaining on the Premises after the date on which the Term ends, all or at such alterations sooner termination date, shall at Landlord's option become a part of the realty and the property of Landlord. In doing any work of installation, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable lawsremoval, regulations and building codes, in a good and workmanlike manner and of quality equal to alteration or better than the 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 Lease shall be construed to constitute a consent by Landlord to the creation of any lien. 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 Tenantrelocation, Tenant shall cause such lien not harm the Premises or the Building and shall repair all damage or injury that may occur to be discharged of record within thirty (30) days after filing. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys' fees the Premises or the Building in connection with such work and shall otherwise comply with Exhibit "D" attached hereto. Tenant agrees in doing any construction such work in or alteration under this Section 7.03, about the Premises to engage only such labor as will not performed conflict with or cause strikes or other labor disturbances among the Building service employees. Any contractors employed by Tenant for such work shall comply with the requirements of Exhibit "D" annexed hereto and hereby made a part hereof and shall further be approved by Landlord in writing before the commencement of such work, but Landlord shall not unreasonably withhold its approval or consent. In all events all such contractors shall be required to employ only union labor in the performance of such work, carry worker's compensation insurance, public liability insurance and property damage insurance in amounts, form and content and with companies satisfactory to Landlord. Prior to the commencement by Tenant of any work as set forth in this subsection 7.D., Tenant must obtain, at its sole cost and expense, all necessary permits, authorizations, licenses and other approvals required by the various governmental authorities. Upon completion of any such work, Tenant shall pay to Landlord an affiliateamount equal to five percent (5%) of the cost of such work, to reimburse Landlord for the cost of coordination and any related lienfinal inspection of the work.
Appears in 1 contract
Samples: Office Lease (Pennsylvania Real Estate Investment Trust)
Alterations. (a) Tenant shall not permit alterations in or to the Leased Premises unless and until Landlord has approved the plans have been approved by Landlord therefor in writing. Other than the Tenant Improvements listed on Exhibit B, which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. 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 or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at may require Tenant to remove the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end upon termination of the Lease Termthis Lease; otherwise, all such alterations shall at Landlord's ’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, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the 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 Lease shall be construed to constitute a Landlord’s consent by Landlord to the creation of any lien. 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, Tenant shall cause such lien to be discharged of record within thirty (30) days after filing. Tenant shall indemnify Landlord from all reasonable, third-party costs, losses, expenses and attorneys' ’ fees actually incurred in connection with any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lien. Tenant agrees that at Landlord’s option, Duke Construction Limited Partnership or a subsidiary or affiliate of Landlord, who shall receive a fee (not to exceed ten percent [10%] of “hard” construction costs) as Landlord’s construction manager or general contractor, shall perform all work on any alterations to the Leased Premises.
Appears in 1 contract
Samples: Office Lease (Sciquest Inc)
Alterations. Tenant shall not permit alterations in or to the Leased Premises unless and until Landlord has approved the plans have been approved by Landlord therefor in writing, which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant shall have the right without Landlord's ’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 ’s mechanical or electrical systems, do not adversely affect the Building's ’s appearance or value, and the cost of which does not exceed Forty Five Fifteen Thousand and 00/100 Dollars ($45,000.00) in the aggregate15,000.00), provided that Tenant gives Landlord fifteen (15) business days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to Landlord may specify any alterations permitted to be made by which Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant remove and restore the Leased Premises at the end upon termination of the Lease Termthis Lease; otherwise, all such alterations shall at Landlord's ’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, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the 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 Lease shall be construed to constitute a Landlord’s consent by Landlord to the creation of any lien. 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, Tenant shall cause such lien to be discharged of 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. Tenant agrees that at Landlord’s option, Duke Construction Limited Partnership or a subsidiary or affiliate of Landlord, who shall receive a fee as Landlord’s construction manager or general contractor, shall perform all work on any alterations to the Leased Premises which are structural in nature or the cost of which exceeds Fifteen Thousand Dollars ($15,000.00).
Appears in 1 contract
Alterations. Tenant shall not make or permit alterations in any Alterations without the prior written consent of Landlord, other than minor interior cosmetic Alterations which do not involve the issuance of a building permit and which do not affect the exterior of, or any structural elements or mechanical, electrical, plumbing and HVAC systems within, the Building. Landlord may impose any reasonable conditions to its consent, including, without limitation, (i) delivery to Landlord of written or unconditional waivers of mechanic's and materialmen's liens as to the Leased Premises unless Premises, the Building and until the Land for all work, labor and services to be performed and materials to be furnished, signed by all contractors, subcontractors, materialmen and laborers participating in the Alterations, (ii) prior approval of the plans have been approved and specifications and Tenant's contractor(s) with respect to the Alterations, and (iii) supervision by Landlord in writing, which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant shall have the right without Landlord's consentrepresentative (at Tenant's expense, not to exceed 3% of the cost thereof) of the Alterations. The Alterations shall conform to the requirements of Landlord's and Tenant's insurers and of the Federal, state and local governments having jurisdiction over the Premises, shall be performed in compliance accordance with all other the terms and provisions of this Section, to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; 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, regulations and building codes, in a good and workmanlike manner befitting a first class office building and of quality equal to shall not adversely affect the value, utility or better than the original construction character 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 Lease shall be construed to constitute a consent by Landlord to the creation of any lien. If the Alterations are not performed as herein required, Landlord shall have the right, at Landlord's option, to halt any further Alterations, or to require Tenant to perform the Alterations as herein required or to require Tenant to return the Premises to its condition before such Alterations. Notwithstanding the foregoing, if any mechanic's or materialmen's lien is filed against the Leased Premises Premises, the Building or the Land for work claimed to have been done for for, or material materials claimed to have been furnished to or for the benefit of, Tenant, Tenant shall cause such lien to shall be discharged of record by Tenant within thirty ten (3010) days after filingby the payment thereof or the filing of any bond required by law. If Tenant shall indemnify fail to discharge any such lien, Landlord from all costsmay (but shall not be obligated to) discharge the same, lossesthe cost of which shall be paid by Tenant within three (3) days of demand by Landlord. Such discharge by Landlord, expenses and attorneys' fees shall not be deemed to waive or release the default of Tenant in connection with not discharging the same. Neither Landlord's consent to the Alterations nor anything contained in this Lease shall be deemed to be the agreement or consent of Landlord to subject Landlord's interest in the Premises, the Building or the Land to any construction mechanic's or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienmaterialmen's liens which may be filed in respect of the Alterations.
Appears in 1 contract
Alterations. Section 4.01. Tenant shall not make or perform, or permit alterations the making or performance of, any alterations, installations, improvements, additions or other physical changes in or about the Demised Premises (referred to collectively, as "Alterations", which term shall exclude the Leased Premises unless and until the plans have been approved Work to be performed by Landlord in writing, which approval as pursuant to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant shall have the right Schedule A) without Landlord's prior consent, and in compliance with all other provisions of this Section, . Landlord agrees not to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical unreasonably withhold or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect delay its consent to any alterations permitted nonstructural Alterations proposed to be made by Tenant hereunder without to adapt the Demised Premises for Tenant's business purposes. Such consent shall not be required in the case of any repainting or similar work of a purely cosmetic or decorative nature. Notwithstanding the foregoing provisions of this Section or Landlord's approvalconsent to any Alterations, all Alterations shall be made and performed in conformity with and subject to the following provisions: All Alterations shall be made and performed at Tenant's sole cost and expense and at such time and in such manner as Landlord may, from time to time, reasonably designate; all Alterations shall, when completed, be of such a character as not to materially reduce the economic value of the Building below its value immediately before such Alterations; no Alterations shall diminish or reduce the structural integrity of the Building; Alterations shall be made only by contractors or mechanics approved by Landlord, such approval not unreasonably to be withheld or delayed (notwithstanding the foregoing, all Alterations requiring mechanics in trades with respect to which Landlord has adopted or may hereafter adopt a list or lists of approved contractors shall be made only by contractors selected by Tenant from such list or lists, but only to the extent that such contractors offer competitive pricing), Landlord hereby agrees that, upon written request by Tenant, at ; no Alteration shall affect any part of the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be Building other than the Demised Premises or adversely affect any service required to be removed furnished by Landlord to Tenant or to any other tenant or occupant of the Building or reduce the value or utility of the Building; no Alteration shall affect the outside appearance of the Building or the color or style of any venetian blinds (except that Tenant may remove any venetian blinds provided that they are promptly replaced by Tenant with blinds of a similar type, material and color); all business machines and mechanical equipment shall be placed and maintained by Tenant in settings sufficient, in Landlord's reasonable judgment, to absorb and prevent vibration perceptible outside the Demised Premises or noise or annoyance to other tenants or occupants of the Building; Tenant shall submit to Landlord reasonably detailed plans and specifications (including layout, architectural, mechanical and structural drawings) for each proposed Alteration; prior to the commencement of each Alteration, Tenant shall have procured and paid for, and exhibited to Landlord, so far as the same may be required from time to time, all permits and authorizations of all municipal departments and governmental subdivisions and authorities having or claiming jurisdiction; prior to the commencement of each proposed Alteration, Tenant shall furnish to Landlord duplicate original policies of worker's compensation insurance covering all persons to be employed in connection with such Alteration, including those to be employed by all contractors and subcontractors, and of comprehensive public liability insurance (including property damage coverage) in which Landlord, its agents and any lessor under any ground or underlying lease shall be named as parties insured, which policies shall be issued by companies, and shall be in form and amounts, reasonably satisfactory to Landlord and shall be maintained by Tenant until the completion of such Alteration; all Alterations in or to the electrical facilities in or serving the Demised Premises shall be subject to the provisions of subsection B of Section 31.04; all fireproof wood test reports, electrical and air conditioning certificates, and all other permits, approvals and certificates required by all governmental authorities shall be timely obtained by Tenant and restore the Leased Premises at the end of the Lease Termsubmitted to Landlord; otherwiseall Alterations, all such alterations shall at Landlord's option become a part of the realty and the property of Landlordonce commenced, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made promptly and in accordance a good and workmanlike manner; notwithstanding Landlord's approval of plans and specifications for any Alteration, all Alterations shall be made and performed in full compliance with all applicable laws, orders and regulations (including, but not limited to, the energy conservation provisions of the Massachusetts Building Code) of Federal, State, County and Municipal authorities and with all directions of all public officers, and with all applicable rules, orders, regulations and building codesrequirements of the Boston Board of Fire Underwriters and the New England Fire Insurance Rating Organization or any similar body; all Alterations shall be made and performed in accordance with the Building Rules; all materials and equipment to be installed, incorporated or located in the Demised Premises as a good result of any Alteration shall be of first quality and workmanlike manner and condition; no such materials or equipment shall be subject to any lien, encumbrance, chattel mortgage or title retention or security agreement of quality any kind; in the event Landlord or its agents employ any independent architect or engineer to examine any plans or specifications submitted by Tenant to Landlord in connection with any proposed Alteration, Tenant agrees to pay to Landlord a sum equal to any reasonable fees charged by such architect or better than engineer to Landlord in connection therewith. Any consent or approval required from Landlord pursuant to the original construction provisions of the Building. No person this Section 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 lien. If any lien is filed against the Leased Premises for work claimed deemed to have been done for or material claimed granted unless Landlord notifies Tenant to have been furnished to Tenant, Tenant shall cause such lien to be discharged of record the contrary within thirty (30) days after filing. Tenant shall indemnify Landlord from all costs, losses, expenses following receipt of Tenant's written request therefor so long as such request expressly 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 lienconspicuously recites the effect of Landlord's failure to respond thereto as aforesaid.
Appears in 1 contract
Alterations. Tenant shall not permit make no alterations, additions or improvements to the Premises (any of the foregoing being “Tenant Work”) without the prior written consent of Landlord and only in accordance with the requirements of this Lease and Landlord’s rules and regulations under Section 5.4. Notwithstanding the foregoing, after notice to Landlord but without any requirement for Landlord’s consent, Tenant may perform (i) cosmetic or decorative alterations in the Premises and (ii) other alterations which do not affect the Building’s structure or base building systems and which cost no more than $100,000 in the aggregate for a single project, provided that all such alterations are made in accordance the applicable provisions of this Lease, including without limitation this Section 5.9. Tenant shall obtain all state, local and other necessary permits before undertaking any such alterations, additions or improvements and shall carry such insurance (naming the Indemnitees as additional insureds) and with respect to any project that costs more than $500,000 obtain such payment, performance and xxxx xxxxx as Landlord shall require (provided that so long as Tenant has not been in monetary default under this Lease on more than three [3] occasions, subject to any applicable notice and cure periods, then Landlord shall not require Tenant to obtain such bonds). Prior to commencing work, Tenant’s contractors shall provide certificates of insurance to Landlord evidencing that such contractors have sufficient insurance to complete the Leased Premises unless portion of the Tenant Work for which they are responsible, in such form and until the plans have been amounts as may be approved by Landlord in writingadvance. Any alterations, additions and improvements to the Premises, except movable furniture and trade fixtures, shall belong to Landlord. All alterations, additions and improvements to the Premises shall be at Tenant’s sole cost. Tenant shall pay, when due, the entire cost of all Tenant Work so that the Premises shall always be free of liens for labor or materials. If any mechanic’s lien (which term shall include all similar liens relating to the furnishing of labor and materials) is filed against the Building which is claimed to be attributable to Tenant, its agents, employees, contractors, or persons working under Tenant’s direction or control, then Tenant shall give Landlord immediate notice of such lien and shall discharge the same by payment or filing any necessary bond within ten (10) days after Tenant has notice (from any source) of such lien. Landlord may, as a condition of its approval of any Tenant Work project that costs more than $500,000, require Tenant to deposit with Landlord a bond, letter of credit or other similar security in the amount of Landlord’s reasonable estimate of the value of such Tenant Work securing Tenant’s obligations to make payments for such Tenant Work (provided however that so long as Tenant has not been in monetary default under this Lease on more than three [3] occasions, subject to interior non-structural alterations any applicable notice and cure periods. then Landlord shall not require Tenant to provide any such security). Landlord’s approval of the construction documents shall signify Landlord’s consent to the work shown thereon only and Tenant shall be solely responsible for any errors or omissions contained therein. Any approval of Landlord required under this Section 5.9 shall not be unreasonably withheld, conditioned or delayed. Notwithstanding A consent required from Landlord under this Section 5.9 with respect to a particular Tenant Work matter may be deemed given in accordance with the foregoingfollowing procedure. Tenant shall provide an initial written notice to Landlord (which shall include all materials required under this Section 5.9) with the following written on the outside of the delivery envelope: “FAILURE TO RESPOND TO THIS NOTICE WITHIN TWENTY DAYS SHALL RESULT IN THE DEEMED APPROVAL OF A TENANT WORK MATTER AFFECTING ALTUS PHARMACEUTICALS INC.’S TENANCY AT 333 XXXXX STREET IN WALTHAM, MASSACHUSETTS.” If Landlord does not respond to such request within twenty (20) days after delivery to Landlord, Tenant shall have provide another written notice to Landlord (which shall also include all materials required under this Section 5.9) with the right without Landlord's consentfollowing written on the outside of the delivery envelope: “FAILURE TO RESPOND TO THIS NOTICE WITHIN FIVE BUSINESS DAYS SHALL RESULT IN THE DEEMED APPROVAL OF A TENANT WORK MATTER AFFECTING ALTUS PHARMACEUTICALS INC.’S TENANCY AT 333 XXXXX STREET IN WALTHAM, 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 or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which MASSACHUSETTS.” If Landlord does not exceed Forty Five Thousand and 00/100 Dollars respond to such second notice within five ($45,000.005) in Business Days after delivery to Landlord, then the aggregate, provided that Tenant gives consent required from Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by such Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; 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 Work matter (but no other matter) 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 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 Lease shall be construed to constitute a consent by Landlord to the creation of any lien. 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, Tenant shall cause such lien to be discharged of 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 liendeemed given.
Appears in 1 contract
Alterations. Tenant Borrower may, without Lender’s consent, perform alterations to the Improvements and Equipment which (i) do not constitute a Material Alteration, (ii) do not adversely affect Borrower’s financial condition or the value or Net Operating Income of the Property and (iii) are in the ordinary course of Borrower’s business. Borrower shall not permit alterations in or to the Leased Premises unless and until the plans have been approved by Landlord in writingperform any Material Alteration without Lender’s prior written consent, which approval as to interior non-structural alterations consent shall not be unreasonably withheld, conditioned withheld or delayed. Notwithstanding the foregoing; provided, Tenant shall have the right without Landlord's consenthowever, that Lender may, in its sole and in compliance with all other provisions of this Sectionabsolute discretion, withhold consent to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and alteration the cost of which does not is reasonably estimated to exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect 1,000,000 or which is likely to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; 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, regulations and building codes, result in a good decrease of Net Operating Income by two and workmanlike manner and one-half percent (2.5%) or more for a period of quality equal to or better than the 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 Lease shall be construed to constitute a consent by Landlord to the creation of any lien. 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, Tenant shall cause such lien to be discharged of record within thirty (30) days after filingor longer. Tenant Lender may, as a condition to giving its consent to a Material Alteration, require that Borrower deliver to Lender security for payment of the cost of such Material Alteration in an amount equal to 125% of the 37 cost of the Material Alteration as estimated by Lender. Upon substantial completion of the Material Alteration, Borrower shall indemnify Landlord from provide evidence satisfactory to Lender that (i) the Material Alteration was constructed in accordance with applicable Legal Requirements and substantially in accordance with plans and specifications approved by Lender (which approval shall not be unreasonably withheld or delayed), (ii) all costscontractors, lossessubcontractors, expenses materialmen and attorneys' fees professionals who provided work, materials or services in connection with the Material Alteration have been paid in full and have delivered unconditional releases of lien and (iii) all material Licenses necessary for the use, operation and occupancy of the Material Alteration (other than those which depend on the performance of tenant improvement work) have been issued. Borrower shall reimburse Lender upon demand for all out-of-pocket costs and expenses (including the reasonable fees of any construction architect, engineer or alteration under other professional engaged by Lender) reasonably incurred by Lender in reviewing plans and specifications or in making any determinations necessary to implement the provisions of this Section 7.03, not performed by Landlord or an affiliate, and any related lien5.4.2.
Appears in 1 contract
Alterations. Lender’s prior approval shall be required in connection with any alterations to any Improvements (except Tenant shall not permit alterations in Improvements under any Lease permitted hereunder or to the Leased Premises unless and until the plans have been approved by Landlord in writingLender or the Capital Expenditures Work), which approval as (a) that are reasonably likely to interior non-structural alterations shall not be unreasonably withheldhave a Material Adverse Effect, conditioned or delayed. 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 or electrical systems, do not adversely affect the Building's appearance or value, and (b) the cost of which does is reasonably anticipated to exceed the Alteration Threshold; provided, however, that amounts expressly provided for in the Capital Expenditures Budget shall not be subject to the Alteration Threshold, which approval in each instance may be granted or withheld in Lender’s reasonable discretion, or (c) that are structural in nature, which approval in each instance may be granted or withheld in Lender’s sole discretion. All alterations to the Improvements must comply with all Legal Requirements affecting the Property. If the total unpaid amounts incurred and to be incurred with respect to such alterations to the Improvements shall at any time exceed Forty One Million Five Hundred Thousand and 00/100 Dollars ($45,000.00) in 1,500,000.00), Borrower shall promptly deliver to Lender as security for the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition payment of such approval amounts and as additional security for Borrower’s obligations under the Loan Documents any of the following: (ori) cash, (ii) Letters of Credit, or (iii) a completion bond or guaranty reasonably acceptable to Lender. Such security shall be in an amount equal to the excess of the total unpaid amounts incurred and to be incurred with respect to any such alterations permitted to the Improvements (other than such amounts to be made paid or reimbursed by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at Tenants under the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required Leases) over the Alteration Threshold. If the total unpaid amounts incurred and to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; otherwise, all incurred with respect to such alterations to the Improvements shall at Landlord's option become a part of exceed the realty and the property of Landlord, and shall not Alteration Threshold but be removed by Tenant. 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 less than the original construction of the BuildingOne Million Five Hundred Thousand Dollars ($1,500,000.00), Borrower shall provide evidence reasonably acceptable to Lender showing that it has sufficient reserves to complete such alterations. 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 Upon completion of any lien. If any lien is filed against alteration permitted hereunder, the Leased Premises for work claimed security deposit described in the immediately preceding sentence shall promptly be released and the Property shall continue to have been done for or comply, in all material claimed respects, with all requirements relating to have been furnished parking pursuant to Tenantall Legal Requirements, Tenant shall cause such lien to be discharged of 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, the Real Property Documents and any related lienother agreements to which the Property is subject.
Appears in 1 contract
Samples: Loan Agreement (Pacific Oak Strategic Opportunity REIT II, Inc.)
