Common use of Alterations Clause in Contracts

Alterations. Within a reasonable time period following Landlord’s receipt of a written request by Tenant given the availability of Landlord’s employees, Landlord shall, at Tenant’s sole cost and expense, perform the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay to Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairs.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following (a) Tenant shall not make any alterations to or modifications of the Premises or construct any improvements within the Premises until Landlord shall have first approved, in writing, the plans and specifications therefor, which approval may be withheld in Landlord’s receipt of a written request 's sole discretion. All such modifications, alterations or improvements, once so approved, shall be made, constructed or installed by Tenant at Tenant's expense (including all permit fees and governmental charges related thereto), using a licensed contractor first approved by Landlord, in substantial compliance with the Landlord-approved plans and specifications therefor. All work undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using new or like-new materials of good quality. Tenant shall not commence the making of any such modifications or alterations or the construction of any such improvements until (i) all required governmental approvals and permits shall 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 commence such work so that Landlord may post and file notices of non-responsibility, and (iv) if requested by Landlord, Tenant shall have obtained contingent liability and broad form builder's risk insurance in an amount satisfactory to Landlord in its reasonable discretion to cover any perils relating to the availability 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 the Building including, without limitation, any cuts or penetrations in the floor, roof or exterior walls of the Premises. As used in this Article, the term "modifications, alterations and/or improvements" shall include, without limitation, the installation of additional electrical outlets, overhead lighting fixtures, drains, sinks, partitions, doorways, or the like. (b) All modifications, alterations and improvements made or added to the Premises by Tenant (other than Tenant's inventory, equipment, movable furniture, wall decorations and trade fixtures) shall be deemed real property and a part of the Premises, but shall remain the property of Tenant during the Lease. Any such modifications, alterations or improvements, once completed, shall not be altered or removed from the Premises during the Lease Term without Landlord's written approval first obtained in accordance with the provisions of Paragraph 14(a) above. At the expiration or sooner termination of this Lease, all such modifications, alterations and improvements other than Tenant's inventory, equipment, movable furniture, wall decorations and trade fixtures, shall automatically become the property of Landlord and shall be surrendered to Landlord as part of the Premises as required pursuant to Paragraph 7, unless Landlord shall require Tenant to remove any of such modifications, alterations or improvements in accordance with the provisions of Paragraph 7, in which case Tenant shall so remove same. Landlord shall have no obligations to reimburse Tenant for all or any portion of the cost or value of any such modifications, alterations or improvements so surrendered to Landlord. All modifications, alterations or improvements which are installed or constructed on or attached to the Premises by Landlord and/or at Landlord's expense shall be deemed real property and a part of the Premises and shall be property of Landlord’s employees. All lighting, plumbing, electrical, heating, ventilating and air conditioning fixtures, partitioning, window coverings, wall coverings and floor coverings installed by Tenant shall be deemed improvements to the Premises and not trade fixtures of Tenant. (c) Tenant shall make all modifications, alterations and improvements to the Premises, at its sole cost, that are required by any Law because of (i) Tenant's use or occupancy of the Premises, the Building, the Common Areas or the Property, (ii) Tenant's application for any permit or governmental approval, or (iii) Tenant's making of any modifications, alterations or improvements to or within the Premises. If Landlord shall, at Tenant’s sole any time during the Lease Term, be required by any governmental authority to make any modifications, alterations or improvements to the Building or the Property, the cost and expense, perform the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay to Landlord the amount incurred by Landlord in connection with making such modifications, alterations or improvements, including interest at a rate equal to the performance greater of (a) 12%, or (b) the sum of that rate quoted by ▇▇▇▇▇ Fargo Bank, N.T. & S.A. from time to time as its prime rate, plus two percent (2%) ("▇▇▇▇▇ Prime Plus Two"), shall be amortized by Landlord over the useful life of such work on Tenant’s behalf (modifications, alterations or improvements, as determined in accordance with generally accepted accounting principles, and the reimbursement monthly amortized cost of such costs modifications, alterations and expenses improvements as so amortized shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required included in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairsOperating Expenses.

Appears in 2 contracts

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

Alterations. Within (a) Tenant may make alterations, additions or improvements (collectively, "Alterations") to the Premises or install fixtures in the Premises after first obtaining Landlord's consent, which consent shall not be unreasonably withheld; provided however, that it shall be deemed reasonable for Landlord to withhold its consent if: (a) the cost of the work will exceed Two Hundred Fifty Thousand Dollars ($250,000) (b) a reasonable time period following building permit will be required; or (c) if there will be any material modifications to any exterior or structural components of the Building or any of the Building's operating systems, including, without limitation, heating, ventilating, air conditioning, plumbing, electrical, and other operating systems. Notwithstanding the foregoing, Tenant may make any Alterations which are cosmetic (e.g. minor painting, changes of floor coverings or wall coverings, installation of artwork or decorations, etc.), without Landlord’s 's consent being required, provided such cosmetic alterations do not require a building permit and do not effect the exterior of the Building or the structural or mechanical components of the Building. Upon Tenant's written request for Landlord's consent to certain Alterations pursuant to this Section, Landlord shall have thirty (30) days from 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 reimburse Landlord for any third-party costs and expenses incurred or to be incurred by Landlord related to such review within ten (10) days of receipt of a written request by Tenant given Landlord's statement therefor. Furthermore, in the availability of Landlord’s employeesevent Landlord may elect to oversee, or cause to be overseen, such Alterations, Landlord shallshall be entitled to receive a fee for such oversight in an amount 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 Alterations or install fixtures which, in Landlord's reasonable judgment, might adversely affect the structural components of the Building or Building mechanical, utility or life safety systems. At the time such consent is requested, Tenant shall furnish to Landlord a description of the proposed work, an estimate of the cost thereof and such information as shall reasonably be requested by Landlord substantiating Tenant's ability to pay for such work. Landlord, at its sole option, may require as a condition to the granting of such consent to any work costing in excess of Five Hundred Thousand Dollars ($500,000), that Tenant provide to Landlord, at Tenant’s 's sole cost and expense, perform the following maintenance a lien and repair obligations of Tenant within the Premises: repair completion bond in an amount equal to one and maintain the mechanical one-half (including HVAC), electrical 1-1/2) times any and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any all estimated costs of the foregoing work on Tenant’s behalfproposed work, within 10 days to insure Landlord against any liability for mechanics' and materialmen's liens and to insure completion of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses)the work. Before commencing any work, Tenant shall pay to give Landlord at least twenty (20) days written notice of the amount incurred by Landlord in connection with the performance proposed commencement of such work on Tenant’s behalf (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 reimbursement 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 costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss)work, Tenant shall reimburse furnish to Landlord for "as built" plans showing the cost of repairing damage changes made to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairsPremises.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following Tenant shall not permit alterations in or to the Leased Premises unless and until Landlord has approved the plans therefor in writing. Notwithstanding the foregoing, Tenant shall have the right without Landlord’s receipt 's consent, and in compliance with all other provisions of a this Section, to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical, electrical, plumbing or other building systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Twenty Five Thousand and No/100 Dollars ($25,000.00) (the "Authorized Alterations"), provided that ▇▇▇▇▇▇ gives Landlord fifteen (15) business days prior written request by notice of any such alterations, along with copies of plans and specifications relating thereto. Landlord may specify any alterations which Tenant given will be required to remove and restore the availability Leased Premises upon termination of Landlord’s employeesthis Lease; otherwise, Landlord 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’s sole cost . Tenant shall ensure that all alterations shall be made in accordance with all applicable Laws, in a good and expense, perform workmanlike manner and of quality at least equal to the following maintenance and repair obligations original construction of the Building. No person shall be entitled to any lien derived through or under Tenant within for any labor or material furnished to the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Leased Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request nothing in this Lease shall be accompanied by reasonable documentation construed to constitute Landlord's consent to the creation of such costs and expenses)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 pay cause such lien to be discharged of record or bonded over within thirty (30) days after filing. Tenant shall indemnify Landlord the amount incurred by Landlord from all costs, losses, expenses and attorneys' fees in connection with the performance any construction or alteration and any related lien. ▇▇▇▇▇▇ agrees that at ▇▇▇▇▇▇▇▇'s option, Landlord or a subsidiary or affiliate of such Landlord, who shall receive a fee as Landlord's construction manager or general contractor, shall perform all work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject any alterations to the terms of Section 15 below, to the extent Landlord is Leased Premises which are not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairsAuthorized Alterations.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following Landlord’s receipt of a written request by Tenant given Any Alterations to the availability of Landlord’s employees, Landlord shall, Premises shall be at Tenant’s sole cost and expense, perform and made in compliance with all applicable Laws and all reasonable requirements requested by Landlord. Prior to starting work, Tenant shall furnish Landlord with: (1) plans and specifications (which shall be in CAD format if requested by Landlord); (2) either (a) the following maintenance name of the general contractor Tenant plans to use or (b) a statement in writing that Tenant intends to act as its own general contractor for the Alterations and repair that Tenant shall compy with all requirements and obligations applicable to the general contractor pursuant to this Lease and the Work Letter; (3) a list of contractors and/or subcontractors Tenant within intends to use; (4) required permits and approvals; (5) evidence of contractors and subcontractors insurance in amounts reasonably required by Landlord and naming Landlord, the Premises: repair managing agent for the Building and maintain such other persons or entities as Landlord may reasonably request, as additional insureds; and (6) any security for payment in performance and amounts reasonably required by Landlord. If any Alteration requires the mechanical (including HVAC)removal of asbestos, electrical an appropriate asbestos disposal plan, identifying the proposed disposal site of all such asbestos, must be included with the plans and plumbing systems within specifications provided to Landlord. Landlord and ▇▇▇▇▇▇ agrees to use the Premises, lighting, floor covering, affixed interior partitions, doors, stairs procedure and demising wallstiming set forth in the Work Letter attached to this Lease to submit and respond to the Alterations plans and specifications in the same manner as the Tenant Improvement plans and specifications. ▇▇▇▇▇▇▇▇’s approval of ▇▇▇▇▇▇’s contractors shall not be required so long as they are licensed and bonded in the state of California and complete all Alterations in a workmanlike manner. ▇▇▇▇▇▇▇▇’s approval of an Alteration shall not be deemed a representation by Landlord that the Alteration complies with Law. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses)addition, Tenant shall pay Landlord a fee for Landlord’s oversight and coordination of any Alteration (a “Coordination Fee”) equal to Landlord five percent (5%) of the amount incurred by Landlord in connection with total costs of the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 belowAlteration, to the extent the costs of the Alteration is equal to or less than $100,000; or four percent (4%) of the costs of the Alteration to the extent that the costs of the Alteration is in excess of $100,000. In no event shall the Coordination Fee exceed more than $250,000 in any calendar year. Upon completion, Tenant shall furnish Landlord with all completion conditions described in Exhibit G. Landlord will notify Tenant at the time of Landlord’s consent to any such Alterations as to whether Landlord requires their removal at Tenant’s cost at the end of the Term. If Landlord is deemed to consent to the Alteration because it failed to timely respond to ▇▇▇▇▇▇’s reminder notice for consent to the Alterations, Tenant may, but shall not reimbursed by insurance proceeds (be obligated to, remove the Alterations at the expiration of the Term. All Alterations shall be made in a good and if Landlord fails to carry insurance expressly required of Landlord by workmanlike manner, in accordance with the terms of this LeaseExhibit G and ▇▇▇▇▇▇▇▇’s then-current guideline for construction. Tenant shall maintain appropriate liability and builders’ risk insurance throughout the construction. Tenant shall indemnify, defend, protect and hold Landlord harmless from and against any and all claims for injury to or death of persons or damage or destruction of property arising out of or relating to the performance of any Alterations, Limited Improvements and Tenant Improvements performed by or on behalf of Tenant, or any liens recorded against the title of the property, except to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building claims are caused by the acts gross negligence or willful misconduct of TenantLandlord or Landlord Related Parties. Under no circumstances shall Landlord be required to pay, during the 60447235.v9 Term any ad valorem or other Taxes on such Alterations, Limited Improvements and Tenant Improvements, Tenant Related Parties and their respective contractors and vendors. If Tenant fails hereby covenanting to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairsall such taxes when they become due.

Appears in 2 contracts

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

Alterations. Within After completion of the Tenant’s Improvements pursuant to the terms of the Work Letter, Tenant shall not make any changes, additions, alterations, improvements or additions (collectively, “Alterations”) to the Leased Premises or attach or affix any articles thereto without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, except for non-structural interior alterations that (i) do not exceed [***] in cost; (ii) are not visible from the outside of the Building; and (iii) do not alter or penetrate the floor slab or the roof membrane. 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 reasonable time period following 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 ▇▇▇▇ 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 request by Tenant given the availability of Landlord’s employees, notice thereof from Landlord shall, at Tenant’s sole cost be removed upon the termination of this Lease. Tenant shall also, at Tenant’s sole cost, repair any damage caused to the Leased Premises or the Building as a result of any such removal and expenserestore the Leased Premises to its condition prior to the installation of Tenant’s Property or any other such other alteration, improvement or addition, reasonable wear and tear excepted. In the event Tenant fails to perform the following maintenance repairs required hereunder, Landlord shall be entitled to perform the same and repair obligations of recover from Tenant within the Premises: repair all costs and maintain the mechanical (expenses thereof, including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising wallsattorney fees. In the event that Tenant so requests that Landlord perform incurs any expenses in the removal of trash, or the foregoing work on cleaning of elevators, public corridors, or loading areas as a result of Tenant’s behalfcontractors’ work, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses), then Tenant shall pay to Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant agrees it shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 within ten (10) calendar days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% date of the cost of the repairsbilling.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following Subsequent to the completion of any Landlord’s receipt of a written request by Work pursuant to Section 2, Tenant given shall not attach any fixtures, equipment or other items to the availability of Premises, or paint or make any other additions, changes, alterations, repairs or improvements (collectively hereinafter “alterations”) to the Premises, Building or Property without Landlord’s employeesprior written consent, which with respect to alterations to the Premises will not be unreasonably withheld, conditioned or delayed so long as Tenant is not then in default of this Lease (beyond any applicable cure period). If Landlord consents to any alteration, Landlord shallmay post notices of nonresponsibility in accordance with law. Any alterations so made shall remain on and be surrendered with the Premises upon expiration or earlier termination of this Lease, except that Landlord may, but subject to the next grammatical sentence, within thirty (30) days before the expiration or earlier termination hereof elect in writing to require Tenant to remove any or all alterations at Tenant’s sole cost and expense. At the time Tenant submits plans for requested alterations to Landlord for Landlord’s approval, perform Tenant may request Landlord to identify which alterations Landlord will require Tenant to remove at the following maintenance termination of or expiration of this Lease, and repair obligations 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 within shall restore the Premises: repair Premises to substantially the same the condition (reasonable wear and maintain tear and damage from fire or other insured casualty excepted) existing prior to the mechanical installation of such alteration or improvement, before the last day of the term. Notwithstanding anything contained in this Lease to the contrary, Landlord’s consent shall not be required for (including HVAC)i) any interior decorative changes such as partitioning, electrical carpeting, installation of shelves, painting, wallpapering, or for (ii) any non-structural alterations which do not affect the Building’s structure or the Building Systems and plumbing systems within the PremisesEquipment, lightingprovided, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalfin either (i) or (ii) above do not require a building permit and do not cost more than $10,000.00 in any one particular instance (collectively, within 10 “Cosmetic Alterations”). Tenant shall provide Landlord with at least fifteen (15) days advance notice of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses)any proposed Cosmetic Alterations. Except as expressly set forth to the contrary above, Tenant shall pay to Landlord the amount incurred by Landlord in connection otherwise comply with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes provisions of this Lease). Subject Section 10 with respect to Cosmetic Alterations in the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and same manner as if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairsthey were alterations requiring Landlord’s consent hereunder.

Appears in 2 contracts

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

Alterations. Within (a) Except as otherwise expressly set forth in Section 7.03(b) below, Tenant shall not permit alterations in or to the Leased Premises unless and until Landlord has approved the plans therefor in writing. Landlord shall have five (5) business days after receipt of the plans for Tenant’s alterations (or twenty (20) business days after receipt of the plans for Tenant’s alterations if the alterations are structural or mechanical in nature) in which to review said plans and in which to give to Tenant notice of its approval or disapproval (and in the case of disapproval, reasonable detail for the disapproval) of said plans. In the event Landlord fails to respond within said five (5) (or twenty (20), if applicable) business day period, Tenant shall provide a reasonable time period second notice to Landlord. If Landlord fails to respond within five (5) business days following Landlord’s receipt of a written request such second notice, the plans submitted by Tenant given the availability shall be deemed approved. As a condition of Landlord’s employeessuch approval, Landlord may require Tenant to remove the alterations and restore the Leased Premises to its pre-alterations condition upon termination of this Lease; otherwise, all such alterations shall, at Landlord’s option, become a part of the realty and the property of Landlord and shall not be removed by Tenant. Tenant has the right, however, to remove Tenant’s sole Property at any time and from time to time during the Lease Term. (b) Notwithstanding the foregoing, Tenant shall have the right to make alterations to the interior of the Building, without obtaining Landlord’s prior written consent provided that (i) such alterations do not exceed Five Hundred Thousand and No/100 Dollars ($500,000.00) in cost in any one instance during the Lease Term (exclusive of the cost of any equipment being installed in connection with such alteration); (ii) such alterations are non-structural and expense, perform non-mechanical in nature; (iii) for alterations that will cost in excess of Two Hundred Thousand and No/100 Dollars ($200,000.00) (exclusive of the following maintenance and repair obligations cost of Tenant within the Premises: repair and maintain the mechanical (including HVACany equipment being installed in connection with such alteration), electrical Tenant provides Landlord with prior written notice of its intention to make such alterations, stating in reasonable detail the nature, extent and plumbing systems within the Premisesestimated cost of such alterations, lightingand if plans and specifications are being prepared in connection with such alterations, floor covering, affixed interior partitions, doors, stairs then Tenant shall deliver a copy of such plans and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of specifications; and (iv) at Landlord’s request therefore option, Tenant must remove such alterations and restore the Leased Premises upon termination of this Lease. (which request shall be accompanied by reasonable documentation c) If (i) the City of Linden’s approval is required in connection with any alterations, and (ii) such alterations require (x) Landlord’s approval pursuant to Section 7.03(a), or (y) Tenant to notify Landlord of such costs and expensesalterations pursuant to Section 7.03(b), Tenant shall pay notify Landlord accordingly, and Landlord shall be given the opportunity to Landlord the amount incurred by Landlord participate in connection any applicable discussions with the performance City of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairsLinden.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following Tenant shall make no alterations, installations, changes or additions in or to the Premises or the Project (collectively, “Alterations”) without Landlord's prior written consent; provided that such consent may not be unreasonably withheld, conditioned or delayed if the Alterations are reasonably necessary for the Tenant’s business and are within the general scope of the Tenant Improvements; provided further, however, Tenant shall not be required to obtain Landlord’s receipt consent for any cosmetic alterations, installations, changes or additions in or to the Premises that (a) do not impact the structural, mechanical, electrical, plumbing, fire/life safety or heating, ventilation and air conditioning systems of the Project, (b) are not visible from the outside of the interior of the Premises, (c) do not exceed Fifty Thousand and No/100 Dollars ($50,000.00) in the aggregate in any one (1) Lease Year, and (d) do not require a written request permit (“Minor Alterations”). Any Alterations approved by Landlord 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 fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, to be prepared and submitted by Tenant given the availability of Landlord’s employees, Landlord shall, at Tenant’s its sole cost and expense. Tenant shall at its sole cost and expense obtain all necessary third-party approvals and permits pertaining to any Alterations approved by Landlord or any Minor Alterations. Tenant shall cause all Alterations and Minor Alterations to be performed in a good and workmanlike manner, perform the following maintenance in conformance with all applicable federal, state, county and repair obligations of Tenant within the Premises: repair municipal laws, rules and maintain the mechanical (including HVAC)regulations, electrical pursuant to a valid building permit, and plumbing systems within the Premisesin conformance with Landlord's construction rules and regulations. If Landlord, lightingin approving any Alterations, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses)specifies a commencement date therefor, Tenant shall pay not commence any work with respect to such Alterations prior to such date. Tenant hereby agrees to indemnify, defend, and hold Landlord free and harmless from all liens and claims of lien, and all other liability, claims and demands arising out of any work done or material supplied to the amount incurred Premises by Landlord or at the request of Tenant in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairsAlterations or any Minor Alterations.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following Tenant shall not demolish, replace or alter the structural portions of the Building, or make any addition thereto or expansion thereof, or materially alter the roof or exterior of the Building, without the Landlord’s receipt of prior written consent (such consent not to be unreasonably withheld, conditioned or delayed (a written request by Tenant given the availability of Landlord’s employees, Landlord shall, at Tenant’s sole cost and expense, perform the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC“Material Alteration”), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform of any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore Material Alteration or Work (which request shall be accompanied by reasonable documentation of such costs as defined below) costing more than One Hundred Thousand and expenses)No/100 Dollars ($100,000.00) in a calendar year period, Tenant shall pay provide Landlord with advance written notice thereof and Landlord shall have twenty (20) days from receipt of such notice to Landlord deliver notice to Tenant (a “Removal Notice”) of its election to require Tenant to, at the amount incurred by expiration of the Lease Term, restore the Premises to the condition existing prior to such Work or Material Alteration. If Tenant desires to undertake any such alterations which require Landlord’s consent, it shall notify Landlord in connection writing of the proposed alterations, which notice shall include copies of the plans and specifications relating thereto and Landlord agrees to exercise commercially reasonable efforts to respond thereto within thirty (30) days after the date of the request. Landlord agrees to state with specificity any objections it has to the proposed plans and specifications. In all cases, Tenant shall comply with the performance following requirements with respect any alterations, modifications or similar activities undertaken with respect to the Premises (“Work”), whether subject to the foregoing consent requirement or not: (a) All Work, when completed, shall be of such work on Tenant’s behalf a character as not to materially reduce the value of the Premises below its value immediately before construction of such Work was commenced; (b) All Work shall be undertaken with reasonable diligence (subject to Force Majeure, as hereinafter defined) and in a good and workmanlike manner and in compliance with all applicable permits and authorizations and the reimbursement Restrictions; (c) No Work shall impair the safety or structural integrity of such costs and expenses the Building; (d) All Work shall be deemed Additional Rent completed free of liens for purposes of this Lease). Subject work, services, labor and materials supplied or claimed to have been supplied to the terms Premises (except as otherwise provided by law); (e) No Work shall be undertaken without obtaining the insurance required by Section 6.01 hereof; and (f) No Work shall be undertaken until Tenant shall have procured and paid for, insofar as the same may be required from time to time, all permits and authorizations of Section 15 belowall governmental authorities for such Work. Landlord shall join in the application for such permit or authorization and cooperate with Tenant and execute any additional documents as may be necessary to allow Tenant to complete the alterations and changes, provided it is made without cost, liability, obligation or expense to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms Landlord. At termination of this Lease, to all Work that is a Material Alteration (other than Trade Fixtures and Personal Property) shall become the extent such insurance would not have covered the loss), Tenant property of Landlord and shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties remain upon and their respective contractors and vendors. If Tenant fails to make any repairs to be surrendered with the Premises required of Tenant by as a part thereof at the terms termination of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost Lease. All of the repairs, together with Work may at Tenant’s option be removed by Tenant (unless a reasonable administrative charge not Removal Notice was delivered to exceed to 10% of the cost of the repairsTenant as provided above).

Appears in 2 contracts

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

Alterations. Within a reasonable Tenant shall not make any alterations, additions or improvements to the Premises (collectively, the “Alterations”) without the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Premises which approval shall not be unreasonably withheld. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time period following Tenant requests Landlord’s receipt consent to any Alterations if the desired Alterations: (i) may affect the Building’s Systems or Building’s Structure; (ii) are visible from outside the Premises; (iii) will require the filing of plans and specifications with any governmental or quasi-govermental agency or authority; (iv) will cost in excess of Ten Dollars ($10.00) per rentable square foot of the affected area; or (v) will require a building permit or similar governmental approval to undertake. Subsequent to obtaining Landlord’s consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord as Additional Rent within ten (10) days after the rendition of a written request by Tenant given the availability ▇▇▇▇ for all of Landlord’s employeesreasonable actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside Consulting, and construction fees incurred by or on behalf of Landlord shallfor the review and approval of Tenant’s plans and specifications and for the monitoring of construction of the Alterations provided in no event shall the aggregate of such fees exceed five percent (5%) of the amount of the construction contract. If Landlord consents to the making of any Alteration, such Alteration shall be made by Tenant at Tenant’s sole cost and expense, perform the following maintenance expense by a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising wallsin such form as Landlord may reasonably require. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Without Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses)prior written consent, Tenant shall pay not use any portion of the Common Areas either within or without the Project or Complex, as applicable, in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations and/or improvements to other portions of the amount Project or Complex, as applicable, in order to comply with any applicable Laws, then Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in connection making such alterations and/or improvements. Any Alterations made by Tenant shall become the property of Landlord upon installation and shall remain on and be surrendered with the performance Premises upon the expiration or sooner termination of this Lease or Tenant’s right to possession of the Premises, unless Landlord requires the removal of such work on Alterations by notifying Tenant of such requirement at the time Tenant requests Landlord’s consent to such Alterations, or if no consent is required, when Tenant notifies Landlord of its plans for such Alterations. If Landlord requires the removal of such Alterations, Tenant shall at its sole cost and expense, forthwith and with all due diligence (but in any event not later than ten (10) business days after the expiration or earlier termination of this Lease or Tenant’s behalf right to possession of the Premises) remove all or any portion of any Alterations made by Tenant which are designated by Landlord to be removed (including without limitation stairs, bank vaults, and cabling, if applicable) and repair and restore the reimbursement of such costs Premises in a good and expenses workmanlike manner to their original condition, reasonable wear and tear excepted. All construction work doně by Tenant within the Premises shall be deemed Additional Rent for purposes performed in a good and workmanlike manner with new materials of first-class quality, lien-free and in compliance with all Laws, and in such manner as to cause a minimum of interference with other construction in progress and with the transaction of business in the Project or Complex, as applicable. Tenant agrees to indemnify, defend and hold Landlord harmless against any loss, liability or damage resulting from such work. The foregoing indemnity shall survive the expiration or earlier termination of this Lease). Subject Landlord’s consent to or approval of any Alterations (or the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice plans therefor) shall not be required in an emergency)constitute a representation or warranty by Landlord, Landlord may make nor Landlord’s acceptance, that the repairssame comply with sound architectural and/or engineering practices or with all applicable Laws, and Tenant shall pay be solely responsible for ensuring all such compliance. All voice, data, video, audio and other low voltage control transport system cabling and/or cable bundles installed in the reasonable cost of Building by Tenant or its contractor shall be (A) plenum rated and/or have a composition makeup suited for its environmental use in accordance with NFPA 70/National Electrical Code; (B) labeled every 3 meters with the repairs, together Tenant’s name and origination and destination points; (C) installed in accordance with all EIA/TIA standards and the National Electric Code; (D) installed and routed in accordance with a reasonable administrative charge not routing plan showing “as built” or “as installed” configurations of cable pathways, outlet identification numbers, locations of all wall, ceiling and floor penetrations, riser cable routing and conduit routing (if applicable), and such other information as Landlord may reasonably request. The routing plan shall be available to exceed to 10% of Landlord and its agents at the cost of the repairsBuilding upon request.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following Landlord’s receipt of a written request by Except for the initial Tenant given the availability of Landlord’s employees, Landlord shall, at Tenant’s sole cost Improvements and expense, perform the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical Non-Material Alterations (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expensesas defined below), Tenant shall pay not make alterations in or to the Leased Premises unless and until Landlord has approved the amount incurred plans therefor and the general contractor that will be engaged by Tenant to perform such alterations. Landlord shall notify Tenant of its approval or disapproval of Tenant’s alterations within ten (10) business days after notice from Tenant specifying the proposed alteration and delivery of plans and specifications detailing same. Landlord shall not unreasonably withhold, delay, or condition approval for any alterations, additions, or improvements in connection with or to the performance Leased Premises or Building. As a condition of such work on Tenant’s behalf approval (and at the reimbursement time of such costs approval), Landlord may require Tenant to remove the alterations and expenses shall be deemed Additional Rent for purposes restore the Leased Premises upon termination of this Lease). Subject to ; otherwise, all such alterations shall at Landlord’s option become a part of the terms of Section 15 below, to realty and the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required property of Landlord by at the terms 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 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 extent such insurance would not Leased Premises, and nothing in this Lease shall be construed to constitute Landlord’s consent to the creation of any lien. If any lien is filed against the Leased Premises for work claimed to have covered the loss)been done for or materials claimed to have been furnished to Tenant, Tenant shall reimburse cause such lien to be discharged of record or bonded against within thirty (30) days after filing. Tenant shall indemnify Landlord for from all costs, losses, expenses and attorneys’ fees in connection with any construction or alteration and any related lien. Notwithstanding the cost of repairing damage to the Building caused by the acts of Tenantforegoing, Tenant Related Parties and their respective contractors and vendors. If shall be required to give prior written notice to Landlord, but Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice 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 an emergencythe 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), Landlord may make and (iii) do not affect the repairs, and exterior or aesthetics of the Building (the foregoing being “Non-Material Alterations”). Tenant shall pay 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 reasonable cost 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 repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairsLease Term.

Appears in 2 contracts

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

Alterations. Within a reasonable A. From time period following Landlord’s receipt of a written request by Tenant given the availability of Landlord’s employees, Landlord shall, at Tenant’s sole cost and expense, perform the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any to time after delivery of the foregoing work on Tenant’s behalfVessel into Charterer's service, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs Charterer may make structural and expenses), Tenant shall pay to Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject other alterations to the terms of Section 15 belowVessel, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Leaseits machinery, to the extent such insurance would not have covered the loss)or electrical equipment, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenantonly with Owner's prior written approval, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice which shall not be required unreasonably withheld, provided the alterations to the Vessel and its equipment are returned to their original state at or prior to the termination of this Charter and Redelivery of the Vessel to Owner. Owner, however, has the option to retain any alterations made by Charterer at a mutually agreed price. In addition, leased equipment may be placed on board the Vessel by Charterer. At the time of Redelivery, Owner has the right at Owner's expense to continue the lease for such equipment should the lease permit or may require Charterer to have such equipment removed. As to equipment otherwise placed aboard the Vessel by Charterer, Charterer shall have the right to remove same upon Redelivery, provided that if Owner desires to retain the equipment on board the Vessel, it may purchase the equipment at a price to be agreed upon at the time of Redelivery. Any additions or alterations permitted by this Article are subject to approval by the Vessel's classification society and, if required, the U. S. Coast Guard. Notwithstanding anything to the contrary contained in an emergencythis Charter, Charterer shall not have the right to remove any gaming equipment other than in accordance with that certain Master Lease Agreement (Palm Beach Princess and Empress II Gaming Equipment), Landlord may make the repairsdated as of July 6, 2004, between PDS Gaming Corporation, as Lessor, and Tenant Charterer and ITGPB ("Master Lease"), as lessee, without the prior written approval of PDS Gaming Corporation and Owner. B. Charterer's house colors are currently painted on the Vessel, and the Vessel shall continue to be so painted during the term of this Charter. Charterer shall have the right to rename the Vessel, and shall pay for all associated costs therefor. Prior to Redelivery, Charterer shall rename the Vessel at its expense in accordance with Owner's reasonable cost instructions. However, Owner shall in no event have the right to the use of Charterer's trademark following Redelivery. C. The Vessel shall be kept painted and metal surfaces preserved at all times, and Charterer shall maintain the repairsVessel in as good a condition as delivered, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairsnormal wear and tear excepted.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following Tenant shall not make any alterations to the Premises (“Alterations”) without Landlord’s prior written consent, which consent shall not be unreasonably withheld, provided however that Tenant may make non-structural alterations costing less than $10,000 per event without Landlord’s consent. Regardless of whether Landlord’s consent for an Alteration is required, Tenant must provide Landlord at least fifteen (15) business days prior to the commencement of any Alteration with a complete description of each such Alteration including any building permit drawing(s) and specifications. Landlord may post notices regarding non-responsibility in accordance with the laws of the state in which the Premises are located. All Alterations made by Tenant, whether or not subject to Landlord’s consent, shall be performed by Tenant and its contractors in a first class workmanlike manner and permits and inspections shall be obtained from all required governmental entities. Landlord shall respond to Tenant within fifteen (15) business days of actual receipt of a Tenant’s written request by for consent to any Alterations. If Landlord fails to respond within thirty (30) days of actual receipt, the Alterations shall be deemed approved and not subject to removal at the end of the Term. At the time Landlord gives its consent to any Alterations, it shall designate whether Tenant given will be required to remove some or all of such Alterations upon the availability expiration or termination of this Lease or whether Tenant will be able to leave the Alterations and surrender them with the Premises. Everything else notwithstanding, in no event will Tenant be required to remove or restore Alterations that are generic office tenant improvements or engineering (dry) labs. Landlord may, upon 60 days prior written notice before the expiration of the Term, require Tenant to remove some or all of the Alterations for which Landlord’s employeesconsent was not previously requested. Before the last day of the Term, Tenant shall at its own cost also remove those Alterations for which Landlord shallpreviously notified Tenant removal would be required. If Landlord so elects, Tenant shall at its own cost restore those Alterations for which consent was not previously requested to the condition designated by Landlord in its election, before the last day of the Term. Should Landlord consent in writing to Tenant’s sole cost and expense, perform the following maintenance and repair obligations Alteration of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In Tenant shall contract with a contractor approved by Landlord for the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation construction of such costs Alterations, shall secure all appropriate governmental approvals and expenses)permits, and shall complete such Alterations with due diligence in compliance with plans and specifications approved by Landlord. Tenant shall pay to Landlord all costs for such construction and shall keep the amount incurred Premises free and clear of all mechanics’ liens which may result from construction by Landlord Tenant. Notwithstanding anything in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject Lease to the terms of Section 15 belowcontrary, to Landlord will inspect the extent Landlord is not reimbursed by insurance proceeds (existing alterations and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to improvements in the Premises required within ninety (90) days of Tenant the date the Lease is executed in full by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairsboth parties, and Tenant shall pay the reasonable cost not be obligated to remove any elements of the repairsexisting alterations and improvements that Landlord approves, together with a reasonable administrative charge not but subject to exceed the paragraph immediately above, shall be obligated to 10% remove as of the cost Expiration Date of this Lease any alterations and improvements to the Premises made subsequent to the Commencement Date of the repairsPrior Lease (as defined below) which Landlord has not approved in writing. If Landlord fails to inspect or provide written notice regarding its approval to Tenant within the ninety (90) day period described above, all existing alterations and improvements shall be deemed approved and need not be removed as of the Expiration Date of this Lease.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following Tenant shall not make any alterations, additions or improvements to the Premises without Landlord’s receipt of a 's prior written request by consent, which Landlord shall not unreasonably withhold, delay or condition; provided, however, Tenant given the availability of Landlord’s employees, Landlord shallmay, at Tenant’s its sole cost and expense, perform without Landlord's prior consent, but on prior notice to Landlord, make alterations, additions and improvements to the following maintenance Premises that will not cost more than $20,000 in any single instance and repair obligations that will not have a material adverse effect on the heating, ventilating, air conditioning, plumbing, electrical, emergency and other mechanical systems and equipment of the Buildings or on the structure or exterior of the Buildings. Tenant within the Premises: repair shall provide detailed drawings to Landlord for review and maintain the mechanical (including HVAC)approval, electrical and plumbing systems within the Premiseswhich approval shall not be unreasonably withheld, lighting, floor covering, affixed interior partitions, doors, stairs and demising wallsconditioned or delayed. In the event that Tenant so requests that Landlord shall perform any such alterations, additions and improvements in a good and workmanlike manner and in compliance with all applicable laws, all building codes and all requirements of insurance policies covering the Buildings. Tenant shall promptly pay all costs and expenses related to any such alterations, additions and improvements and shall cause any mechanics' lien which attaches to Landlord's interest in the Premises to be released promptly after Tenant receives notice of the foregoing work on Tenant’s behalf, within 10 days of same without cost to Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses). Subject to Section 13 below, Tenant shall pay to Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing repair any damage to the Building caused by the acts Premises arising out of any such alterations, additions and improvements. All such alterations, additions and improvements (other than Tenant's trade fixtures, Tenant Related Parties modular furniture, equipment and their respective contractors personal property) shall become Landlord's property and vendors. If Tenant fails to make any repairs to shall remain at the Premises required as of the expiration or earlier termination of the Term, unless Tenant by requests and Landlord agrees in writing otherwise at the terms time of their construction or installation. Notwithstanding any provision of this Lease for more than 15 days after notice to the contrary, all of Tenant's furniture, equipment, trade fixtures, supplies and personal property located within the Premises throughout the term of this Lease shall remain the property of Tenant and may be removed from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Premises by Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairsat any time.

Appears in 2 contracts

Sources: Lease (Autologic Information International Inc), Lease (Agfa Corp)

Alterations. Within a reasonable time period following Landlord’s receipt of a Tenant shall not make any alterations, additions or improvements to the Premises, or change any plumbing or wiring, without the prior written request by Tenant given the availability consent of Landlord. Plans and specifications for such work shall be submitted to Landlord in advance. No fixtures shall be removed from the Premises. Landlord shall have the right to approve Tenant’s employeescontractors as well as the general manner and method in which such work is to be performed. Tenant shall provide Landlord with insurance certificates evidencing that all contractors and subcontractors have adequate workmen’s compensation insurance, and builder’s risk insurance satisfactory to Landlord. Any such improvements, including wall covering, paneling and built-in cabinet work, but excepting movable furniture and trade fixtures, shall at once become a part of the realty and belong to Landlord and shall be surrendered with the Premises. Upon the request of Tenant, Landlord shall notify Tenant, at the time the improvement is made, if said improvement will be required to be removed upon the expiration of the term. As of the commencement date, there are no existing improvements that will be required to be removed by the Tenant upon the expiration of the term. Upon the expiration of the term hereof, Tenant shall, upon written demand by Landlord, at Tenant’s sole cost and expense, perform remove any alterations, additions or improvements made by Tenant, that were (i) previously designated for removal by Landlord at the following maintenance time the improvement was made or (ii) designated to be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and Tenant shall, at its sole cost and expense, repair obligations any damage to the Premises caused by such removal. At least twenty (20) days prior to the commencement of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within any work on the Premises, lighting, floor covering, affixed interior partitions, doors, stairs Tenant shall notify Landlord of the names and demising walls. In addresses of the event that Tenant persons supplying labor and materials so requests that Landlord perform may give notice that it shall not be subject for any of the foregoing work on lien for Tenant’s behalfwork, within 10 days of Landlordin accordance with Colorado’s request therefore (which request mechanics’ lien statutes. Landlord shall be accompanied by reasonable documentation of have the right to keep posted on the Premises notice to such costs and expenses)persons in accordance with such statute. All additions, Tenant shall pay to Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 belowalterations, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs changes or improvements made to the Premises required by Tenant shall be made in compliance with the Americans with Disabilites Act of Tenant by the terms of this Lease for more than 15 days after notice 1990 and its implementing regulations, as amended or supplemented from Landlord (although notice shall not be required in an emergency), Landlord may make the repairstime to time, and Tenant shall pay the reasonable cost of the repairsall similar applicable state and local laws, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairsrules and regulations.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following After the Commencement Date, Tenant shall not make or permit 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 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 other than Permitted Alterations, Tenant shall submit the proposed plans and specifications for such Alterations to Landlord for Landlord’s review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. If Landlord fails to notify Tenant in writing of Landlord’s approval or disapproval of any Alterations shown on such plans and specifications within ten (10) business days after Landlord’s receipt of such documents from Tenant, then Landlord shall be deemed to have approved such Alterations. Tenant shall complete any Alterations to the Premises at Tenant’s sole expense, in compliance with all applicable Laws, including any permit requirements, by a written request by licensed contractor, and in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date. Landlord acknowledges that, subject to Tenant’s receipt of all necessary governmental approvals, Tenant given will have the availability 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 employeesapproval in accordance with this Paragraph 12. All Alterations made by or for Tenant shall be and become the property of Landlord upon the expiration or earlier termination of this Lease and shall not be deemed Tenant’s Personal Property; provided, however, that Landlord shallmay, at Landlord’s option, require Tenant to remove, at Tenant’s sole cost and expense, perform any or all Alterations installed by or for Tenant from the following maintenance and repair obligations Premises at the expiration or sooner termination of this Lease. If Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform make a determination of whether Landlord will require Tenant to remove any of Alterations upon the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay to Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms termination of this Lease, then Landlord shall notify Tenant of Landlord’s election within ten (10) business days after Tenant’s request for such determination by Landlord. If Landlord fails to notify Tenant in writing within such ten (10) day period that Landlord will require such removal, then Landlord shall be deemed to have elected not to require Tenant to remove such Alterations. In no event, however, shall Tenant be required to remove the extent such insurance would not have covered Tenant Improvements from the loss)Premises. If Tenant removes any Alterations as required or permitted herein, Tenant shall reimburse Landlord for the cost of repairing repair any and all damage to the Building Premises caused by such removal and return the acts Premises to their condition as of Tenantthe Commencement Date, normal wear and tear excepted and subject to the provisions of Paragraph 22. Notwithstanding any other provision of this Lease, Tenant Related Parties shall be solely responsible for the maintenance and their respective contractors and vendors. If Tenant fails to make repair of any repairs Alterations made by it to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairsPremises.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following A. Tenant shall not make alterations and additions to Tenant’s Premises except in accordance with plans and specifications therefor first approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord’s receipt determination of a written request matters relating to aesthetic issues relating to alterations, additions or improvements which are visible outside the Premises (including, without limitation, from common lobbies within the Building) shall be in Landlord’s reasonable discretion. Without limiting such standard Landlord shall not be deemed unreasonable for withholding approval of any alterations or additions (including, without limitation, any alterations or additions to be performed by Tenant given the availability of under Article III) which (a) in Landlord’s employeesreasonable opinion will materially adversely affect any structural or exterior element of the Building, Landlord shall, at Tenant’s sole cost and expense, perform the following maintenance and repair obligations any area or element outside of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lightingor any facility or base building mechanical system serving any area of the Building outside of the Premises, floor coveringor (b) involve or affect the exterior design, affixed interior partitionssize, doorsheight, stairs or other exterior dimensions of the Building or (c) will require unusual expense to readapt the Premises to normal office use on Lease termination or expiration or increase the cost of construction or of insurance or taxes on the Building or of the services called for by Section 4.1 unless Tenant first gives assurance acceptable to Landlord for payment of such increased cost and demising wallsthat such readaptation will be made prior to such termination or expiration without expense to Landlord, (d) enlarge the Rentable Floor Area of the Premises, or (e) are inconsistent, in Landlord’s reasonable judgment, with alterations satisfying Landlord’s standards for new alterations in the Building. In Landlord’s review and approval of any such plans and specifications and consent to perform work described therein shall not be deemed an agreement by Landlord that such plans, specifications and work conform with applicable Legal Requirements and requirements of insurers of the event Building and the other requirements of this Lease with respect to Tenant’s insurance obligations (herein called “Insurance Requirements”) nor deemed a waiver of Tenant’s obligations under this Lease with respect to applicable Legal Requirements and Insurance Requirements nor impose any liability or obligation upon Landlord with respect to the completeness, design sufficiency or compliance of such plans, specifications and work with applicable Legal Requirements and Insurance Requirements nor give right to any other parties. Further, Tenant acknowledges that Tenant so requests is acting for its own benefit and account, and that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Tenant shall not be acting as Landlord’s request therefore agent in performing any work in the Premises, accordingly, no contractor, subcontractor or supplier shall have a right to lien Landlord’s interest in the Property in connection with any such work. Within thirty (which request shall be accompanied by reasonable documentation 30) days after receipt of such costs and expenses)an invoice from Landlord, Tenant shall pay to Landlord as a fee for Landlord’s review of any work or plans (excluding any review respecting initial improvements performed pursuant to Article III hereof for which a fee has previously been paid but including any review of plans or work relating to any assignment or subletting), as Additional Rent, an amount equal to the amount sum of: (i) $150.00 per hour for time spent by Landlord’s in-house personnel (not to exceed $1,000 per project), and (ii) all reasonable third party expenses incurred by Landlord to review Tenant’s plans and Tenant’s work (Landlord hereby agreeing to cap any plan review costs (i.e., inclusive of items (i) and (ii) above) relating to interior, non-structural alterations, addition or improvements that do not impact Building systems at $6,000.00 in connection with any single request for approval). All alterations and additions shall be part of the Building unless and until Landlord shall specify the same for removal pursuant to Section 5.2. All of Tenant’s alterations and additions and installation of furnishings shall be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not to damage the Buildings or Site or interfere with construction or operation of the Buildings and other improvements to the Site and, except for installation of furnishings, shall be performed by Landlord’s general contractor or by contractors or workers first approved by Landlord, which approval shall not be unreasonably withheld. Except for work by Landlord’s general contractor, Tenant, before its work is started, shall secure all licenses and permits necessary therefor; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and material to be furnished by them and security reasonably satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such labor and material; and cause each contractor to carry insurance in accordance with Section 8.14 herein and to deliver to Landlord certificates of all such insurance. Except with respect to purely cosmetic work, such as floor and wall coverings, Tenant shall also prepare and submit to Landlord a set of as-built plans, in both print and electronic forms, showing such work performed by Tenant to the Premises promptly after any such alterations, improvements or installations are substantially complete and promptly after any wiring or cabling for Tenant’s computer, telephone and other communications systems is installed by Tenant or Tenant’s contractor. Without limiting any of Tenant’s obligations hereunder, Tenant shall be responsible, as Additional Rent, for the costs of any alterations, additions or improvements in or to the Building that are required in order to comply with Legal Requirements directly as a result of any work performed by Tenant. Landlord shall have the right to provide such rules and regulations relative to the performance of any alterations, additions, improvements and installations by Tenant hereunder and Tenant shall abide by all such reasonable rules and regulations of which Tenant has received advance written notice and shall cause all of its contractors to so abide including, without limitation, payment for the costs of using Building services. Tenant agrees to pay promptly when due the entire cost of any work done on the Premises by Tenant’s behalf (, its agents, employees, or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the reimbursement Premises or the Buildings or the Site and immediately to discharge any such liens which may so attach. Tenant shall pay, as Additional Rent, 100% of such costs any real estate taxes on the Property which shall, at any time after commencement of the Term, be expressly assessed by the taxing authority upon any alteration, addition or improvement to the Premises made by Tenant. Tenant acknowledges and expenses agrees that Landlord shall be deemed Additional Rent the owner of any additions, alterations and improvements in the Premises or the Building to the extent paid for purposes of this Lease). Subject to by Landlord. B. Notwithstanding the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss5.12(A), Tenant shall reimburse Landlord for have the right, without obtaining the prior consent of Landlord, to make alterations, additions or improvements to the Premises where: (i) the same are within the interior of the Premises within the Building, and do not affect the exterior of the Premises and the Building (including no signs on windows); (ii) the same do not affect the roof, any structural element of the Building, the mechanical, electrical, plumbing, heating, ventilating, air-conditioning and fire protection systems of the Building; (iii) the cost of repairing damage to any individual alteration, addition or improvement shall not exceed $20,000.00; and (iv) Tenant shall comply with the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms provisions of this Lease and if such work increases the cost of insurance or taxes or of services, Tenant shall pay for more than 15 any such increase in cost; provided, however, that Tenant shall, within ten (10) days after notice from prior to the making of such changes, send to Landlord (although notice plans and specifications describing the same in reasonable detail. Tenant shall not be required in an emergency)to remove any alterations, additions or improvements for which Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge consent is not to exceed to 10% of the cost of the repairs.required under this Section 5.16.B.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following Landlord’s receipt of a Tenant may make alterations, additions, or improvements to the Premises (the “Alterations”), only with the prior written request by Tenant given the availability consent of Landlord’s employees, which shall not be unreasonably withheld, conditioned, or delayed. Landlord shall, at shall have forty-five (45) days in which to respond to Tenant’s sole cost request for any Alterations so long as such request includes the name of Tenant’s contractors and expensereasonably detailed plans and specifications therefor. The term “Alterations” shall not include the installation of shelves, perform movable partitions, Tenant’s equipment, and trade fixtures that may be performed without damaging existing improvements or the following maintenance and repair obligations structural integrity of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay to Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice consent shall not be required in an emergency), Landlord may make the repairs, and for Tenant’s installation or removal of those items. Tenant shall pay perform all work within the reasonable cost 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 to post or deliver any notices Tenant shall remove all Alterations at the end of the repairsLease term unless Landlord conditioned its consent upon Tenant leaving a specified Alteration at the Premises, together with a reasonable administrative charge in which case Tenant shall not remove such Alteration and it shall become Landlord’s property. Tenant shall immediately repair any damage to exceed the Premises caused by removal of Alterations. Tenant agrees to 10% and shall indemnify and hold Landlord harmless against all liability, loss, damage, costs, attorneys’ fees and other expenses arising from claims of lien of laborers or materialmen for work performed or materials or supplies furnished for Tenant at the cost of the repairsPremises.

Appears in 2 contracts

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

Alterations. Within Tenant shall make no alterations, additions or improvements to the Premises without the prior written consent of Landlord, and Landlord may impose, as a condition of such consent such requirements as Landlord in its sole discretion may deem reasonable or desirable, including without limiting the generality of the foregoing, requirements as to the manner in which, the time period following Landlord’s receipt 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 a written request review and approval with respect to permitted alterations, additions, and improvements to the Premises as described for tenant improvements in Article 7. Tenant covenants and agrees that all work done by Tenant given 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 availability 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 Landlord’s employees, Landlord the proposed commencement date of such work and shall, if required by Landlord, secure at Tenant’s sole 's own cost and expense, perform the following maintenance bonds, in a form reasonably satisfactory to Landlord, for said work naming Landlord (and repair obligations such other persons as Landlord may reasonably request) as insureds under the bonds. All such alterations, additions or improvements shall become the property of Tenant within the Premises: repair Landlord and maintain the mechanical (including HVAC), electrical and plumbing systems within shall be surrendered with the Premises, lightingas a part thereof, floor coveringat the end of the term hereof, affixed interior except that Landlord may, by notice to Tenant given at least thirty (30) days prior to the end of the term, require Tenant to remove all partitions, doorscounters, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay to Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (railings and the reimbursement of such costs like installed by Tenant and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing repair any damage to the Building caused by the acts of TenantPremises form such removal. Tenant shall make no alteration, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs addition or improvement to the Premises required that can be seen from the exterior of Tenant by the terms Building or from any common area of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency)the Building, Landlord may make the repairsincluding without limitation window treatments, curtains, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairsbinds.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following Landlord’s receipt of a written request by Tenant given the availability of Landlord’s employees, Landlord shall, at Tenant’s sole cost and expense, perform the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within shall not make any alterations to the Premises, lightingincluding any changes to the existing landscaping, floor coveringwithout Landlord's prior written consent. Tenant may make non-structural alterations costing less than $50,000 per event without Landlord's consent. Regardless of whether Landlord's consent for alteration is required, affixed interior partitions, doors, stairs Tenant must provide Landlord at least fifteen (15) business days prior to the commencement of any alteration with a complete description of each such alteration including any building permit drawing(s) and demising wallsspecifications. In Landlord may post notices regarding non-responsibility in accordance with the event that Tenant so requests that Landlord perform any laws of the foregoing work on state in which the Premises are located. All alterations made by Tenant’s behalf, within 10 days whether or not subject to the approval of Landlord’s request therefore (which request , shall be accompanied performed by reasonable documentation of such costs Tenant and expenses), Tenant its contractors in a first class workmanlike manner and permits and inspections shall pay to Landlord the amount incurred by Landlord in connection be obtained from all required governmental entities. Any alterations made shall remain on and be surrendered with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms Premises upon expiration or termination of this Lease, except that Landlord may, in connection with Tenant's request for Landlord's approval of any such alteration, elect to require Tenant to remove some or all of the alterations which Tenant may have made to the extent such insurance would not have covered the lossPremises ("REQUIRED REMOVABLES"). If Landlord so elects, Tenant shall reimburse at its own cost restore the Premises to the condition designated by Landlord in its election or pursuant to any prior approval, before the last day of the Term. Should Landlord consent in writing to Tenant's alteration of the Premises, Tenant shall contract with a contractor approved by Landlord for the cost construction of repairing damage to the Building caused 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 the acts of Tenant, Landlord (if required). Tenant Related Parties shall pay all costs for such construction and their respective contractors and vendors. If Tenant fails to make any repairs to shall keep the Premises required free and clear of Tenant all mechanics' liens which may result from construction by the terms of this Lease for more than 15 days after notice from Landlord (although notice Tenant. Tenant's property shall not include, without limitation, Tenant's furniture, furnishings, business machines and equipment, computer conduits, communications equipment and such other property as may be required in an emergencythe conduct of Tenant's business. Tenant shall have the right, but not the obligation (except at the expiration or prior termination of the Term), Landlord may make to remove the repairssame at any time, to finance the purchase thereof, to grant security interests therein and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairsotherwise encumber same.

Appears in 2 contracts

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

Alterations. Within a reasonable time period The following provisions govern Alterations constructed by Tenant: (i) Tenant shall not construct any Alterations or otherwise alter the Premises without Landlord’s receipt 's prior approval if (a) such action results in the demolition, removal or material alteration of a written existing improvements or future Renovation Improvements (including partitions, wall and floor coverings, ceilings, lighting fixtures or other utility installations), and (b) the cost of such construction or alteration exceeds One Hundred Thousand Dollars ($100,000) per work of improvement (as such amount is adjusted pursuant to Paragraph 41) or if the cost of Alterations done, under construction, or for which approval is sought during any calendar quarter exceeds One Hundred Thousand Dollars ($100,000) (as such amount is adjusted pursuant to Paragraph 41). With respect to any Alterations which must be approved by Landlord pursuant to the immediately preceding sentence, Tenant shall not commence construction of such Alterations until Landlord shall have the first approved the plans and specifications therefor, which approval shall be deemed given if not denied in writing within ten (10) working days after Landlord shall have received Tenant's request for such approval. In no event shall Tenant make any Alterations to the Premises which could affect the structural integrity or the exterior design of the Building. Notwithstanding anything contained herein, Tenant shall have the right to reconfigure demountable walls and partitions without Landlord's prior consent. (ii) All Alterations requiring Landlord's approval shall be installed by Tenant given in substantial compliance with the availability approved plans and specifications therefor. All construction undertaken by Tenant shall be done in accordance with all Laws and in a good and workmanlike manner using materials of good quality. Tenant shall not commence construction of any Alterations until (a) all required governmental approvals and permits shall have been obtained, and (b) all requirements regarding insurance imposed by this Lease have been satisfied. (iii) Landlord shall cause to be made available to Tenant all information maintained by Landlord or Landlord’s employees's architect which relates to the plans for the Building, including any "as-built" plans for the Building (and mechanical platforms on the Building roof) and/or Outside Areas, so that Tenant can incorporate such information into Tenant's files relating to plans for the Tenant Improvements and for Alterations. At all times during the Lease Term, (a) Tenant shall maintain and keep updated "as-built" plans for all Alterations constructed by Tenant which may or may not have required a building permit or other governmental approval, and (b) Tenant shall provide to Landlord shallcopies of all such "as-built" plans and any and all other drawings relating to Tenant's Alterations in the Premises. (iv) All Alterations shall remain the property of Tenant during the Lease Term. Tenant shall have the right to remove any Alterations so long as it repairs all damage caused by the installation thereof and returns the Premises to the condition existing prior to the installation of such Alterations. At the expiration or sooner termination of the Lease Term, all Alterations that Tenant does not elect to remove shall be surrendered to Landlord as a part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for all or any portion of the value or cost thereof. Notwithstanding anything contained herein (but subject to the restrictions set forth in Paragraphs 13.B(iv)(a) and (b)), if Landlord so requires, at the expiration or earlier termination of the Lease Term, Tenant shall remove any Alterations designated for removal by Landlord, including those Alterations for which Landlord's consent was not initially required, and shall restore the Premises to the condition existing prior to the installation of such Alterations only to the extent necessary to return the Premises to a condition that has substantially the same value to subsequent tenants as existed on the Commencement Date, ordinary wear and tear excepted. The following provisions shall qualify the general rule set forth in the immediately preceding sentence: (a) Tenant shall remove and restore all damage caused by the removal of any specialized Alterations specifically related to the operation of Tenant’s sole cost and expense, perform the following maintenance and repair obligations of Tenant within 's business in the Premises: repair and maintain . To the mechanical (including extent Alterations made by Tenant results in a reduction in the capacity of HVAC), mechanical, electrical or plumbing systems, Tenant shall restore HVAC, mechanical, electrical and plumbing systems within so that the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In capacity thereof is substantially the event that Tenant so requests that Landlord perform any same as existed as of the foregoing work on Tenant’s behalfCommencement Date, within 10 days of Landlord’s request therefore (which request ordinary wear and tear excepted. If restroom "cores" and fixtures have been changed, such "cores" shall be accompanied by reasonable documentation of moved to their original location and such costs "cores" and expenses), Tenant shall pay to Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses fixtures shall be deemed Additional Rent for purposes restored to substantially the same condition as existed as of this Lease). Subject to the terms of Section 15 belowCommencement Date, to the extent Landlord is not reimbursed by insurance proceeds (ordinary wear and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendorstear excepted. If Tenant fails to make has made any repairs Alterations to the Premises required structural parts of the Building (i.e., foundations, load-bearing walls, and structural roof system, but excluding roof membrane) or the floor slab, such structural parts of the Building shall be returned to the condition existing prior to the making of such Alterations by Tenant (including the filling of any pits, well▇ ▇▇ trenches). If Tenant has made any Alterations to the roof membrane, the roof membrane shall be returned to the condition existing prior to the making of such Alterations by the terms of this Lease for more than 15 days after notice from Landlord (although notice Tenant, except that Tenant shall not be obligated to restore any penetration of the roof membrane that has been made with the written approval of Landlord. The percentage of dropped ceiling for each area of the Building (office, research and development, etc.) shall be substantially the same as existed as of the Commencement Date. Any Alterations made by Tenant to the fire sprinkler system shall be restored to substantially the same condition as existed as of the Commencement Date, ordinary wear and tear excepted. (b) Tenant shall only be required to remove Alterations for which either of the following is true, and only if such removal is otherwise required by all of the preceding provisions of this Paragraph 13.B(iv): (i) such Alterations were approved in an emergency)writing by Landlord and, at the time such approval was given by Landlord, Landlord may make informed Tenant in writing that Landlord would require that such Alterations be removed at the repairs, and Tenant shall pay the reasonable cost termination of the repairs, together Lease Term; or (ii) such Alterations were installed with a reasonable administrative charge not to exceed to 10% of the cost of the repairsLandlord's consent.

Appears in 2 contracts

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

Alterations. Within A. Tenant may make alterations or improvements to the interior of the Premises, without the approval of Landlord , without Landlord’s prior written consent so long as: (i) such alterations do not affect or require work to be performed on the structural portions of the Building or the life-safety, electrical, plumbing, heating, ventilation, air-conditioning, fire-protection, telecommunications or other building systems, (ii) such alterations are not visible from the exterior of the Premises, (iii) Tenant obtains the issuance of a reasonable time period following building or other governmental permit, authorization or approval to the extent required for such alterations, and (iv) the cost of such alterations does not exceed Fifty Thousand Dollars ($50,000.00) per project. The foregoing alterations shall be hereinafter referred to as the “Minor Alterations”. Tenant shall provide Landlord at least twenty (20) days’ written notice prior to commencing such Minor Alterations. Any alterations or improvements other than Minor Alterations that Tenant desires to make to the Premises shall require Landlord’s prior written consent, which consent shall not be unreasonably withheld. In no event shall Tenant be permitted to make alterations or repairs outside of the Premises. Landlord shall respond to Tenant’s request for consent to the proposed alterations within ten (10) days after Landlord receives the request. If Landlord fails to respond within such ten (10) day period, Tenant may send a second request to Landlord. If no response is forthcoming from Landlord within five (5) days after Landlord’s receipt of a written request the second notice, Landlord shall be deemed to have approved the proposed alterations. Any disapproval by Landlord shall include all specific reasons for such disapproval. Tenant shall, at its expense, cause all alterations to comply with all laws, statutes, ordinances, codes, rules, regulations, directives, requirements, orders, judgments, decrees or permits of any governmental authority or fire insurance underwriter or rating bureau, including the Americans with Disabilities Act of 1990 (“ADA”), Title 24 of the California Code of Regulations, and all building code, energy conservation, environmental, seismic, handicap, fire, health and safety laws (including laws relating to the handling and disposal of asbestos-containing materials) and regulations applicable to the Building (collectively “Legal Requirements”), provided that if on the Possession Date, the Premises do not comply with current Legal Requirements applicable to the Real Property (including, without limitation, the ADA), any design or construction costs incurred by Tenant given that would not have been incurred had the availability Premises complied with all Legal Requirements in effect as of the Possession Date shall be reimbursed by Landlord to Tenant within twenty (20) days after receipt by Landlord from Tenant of an invoice documenting such costs. In addition, if in the course of performing any alterations, the Premises are determined to contain Hazardous Substances, Tenant shall have the right, by notice to Landlord, to require Landlord to remove, at Landlord’s expense, all such Hazardous Substances within thirty (30) days following receipt of such notice B. Any such alterations and improvements made by Tenant, including without limitation any partitions (movable or otherwise) or carpeting, shall become a part of the Building and belong to Landlord; provided, however, that equipment, trade fixtures and movable furniture shall remain the property of Tenant. Tenant shall use a general contractor, subcontractors, engineers and architects that are on Landlord’s approved list of design and construction professionals or those listed in Section 4.1(a) of the Work Letter. All alterations and improvements other than Minor Alterations shall be made in accordance with plans and specifications approved in writing by Landlord and shall be designed and constructed in compliance with all applicable Legal Requirements. The design and construction of any alterations or improvements shall be performed in accordance with Landlord’s construction rules, regulations and requirements, attached hereto as Exhibit E. Under no circumstances shall Landlord be liable to Tenant for any damage, loss, cost or expense incurred by Tenant on account of Tenant’s plans and specifications, Tenant’s contractors or subcontractors, or design of any work. Except to the extent of Landlord’s employeesgross negligence or willful misconduct, Landlord shallshall not be liable to Tenant for any damage, loss, cost or expense incurred by Tenant on account of the construction of any work or delay in completion of any work.. Upon the expiration or sooner termination of this Lease, Tenant, at Tenant’s sole cost and its expense, perform shall promptly remove any such alterations and improvements shall promptly remove any alterations or improvements which affect the following maintenance structural portions of the Building or the building systems made by Tenant if designated by Landlord so to be removed at the time Landlord consents to such alterations or improvements if consent is required (otherwise if designated by Landlord at the expiration or termination of the Lease), and repair any damage to the Premises caused by such removal. Tenant shall use a general contractor reasonably acceptable to Landlord for such removal and repair. C. Tenant agrees to keep the Premises and the Real Property free from any liens arising out of any work performed, materials furnished or obligations of incurred by Tenant. Tenant within the Premises: repair shall promptly and maintain the mechanical (including HVAC), electrical fully pay and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising wallsdischarge all claims on which any such lien could be based. In the event that Tenant so requests that does not, within fifteen (15) days following Tenant’s receipt of written notice from Landlord perform any or Tenant’s obtaining actual knowledge of such lien, cause the same to be released of record or bonded against, Landlord shall have, in addition to all other remedies provided herein and by law, the right, but not the obligation, to cause the same to be released by such means as it shall deem proper, including payment of the foregoing work on Tenant’s behalfclaim giving rise to such lien. All sums paid by Landlord for such purpose, within 10 days of Landlord’s request therefore (which request and all expenses incurred by it in connection therewith, shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay payable to Landlord by Tenant, as additional rent, on demand, together with interest at the amount Interest Rate from the date such expenses are incurred by Landlord to the date of the payment thereof by Tenant to Landlord. Landlord shall have the right at all times to post and keep posted on the Premises any notices permitted or required by law, or which Landlord shall deem proper for the protection of Landlord, the Premises, the Building, or the Real Property, from mechanic’s and materialmen’s and like liens. Tenant shall give Landlord at least ten (10) days’ prior written notice of the date of commencement of any construction on the Premises in connection with order to permit the performance posting of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairsnotices.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following Tenant shall make no alterations, installations, changes or additions in or to the Premises or the Project (collectively, “Alterations”) without Landlord’s receipt prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, that it shall be deemed reasonable for Landlord to withhold its consent to any Alteration which conflicts with the construction rules and regulations, or adversely affects the structural portions of the Premises, the Building or the Project, or adversely affects the Building Systems or any portion thereof. Without limitation as to other grounds for Landlord withholding its consent to any proposed Alteration, Landlord may withhold its consent to a written request proposed Alteration if Landlord determines that such Alteration is not compatible with any existing or planned future certification of the Project under the LEED rating system (or other applicable certification standard). Any Alterations approved by Landlord must be performed in accordance with the terms hereof, using only contractors or mechanics reasonably approved by Landlord in writing and upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, to be prepared and submitted by Tenant given the availability of Landlord’s employees, Landlord shall, at Tenant’s its sole cost and expense. Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any Alterations approved by Landlord. Tenant shall cause all Alterations to be performed in a good and workmanlike manner, perform in conformance with all Laws, pursuant to a valid building permit, and in conformance with Landlord’s construction rules and regulations. All Alterations shall be performed in accordance with the following maintenance Tenant Sustainable Design & Construction Guidelines attached hereto as Exhibit “H” and repair obligations incorporated herein. If Landlord, in approving any Alterations, specifies a commencement date therefor, Tenant shall not commence any work with respect to such Alterations prior to such date. Tenant hereby agrees to indemnify, defend, and hold Landlord free and harmless from all liens and claims of lien, and all other liability, claims and demands arising out of any work done or material supplied to the Premises by or at the request of Tenant within in connection with any Alterations, except to the Premises: repair and maintain extent caused by the mechanical negligence or willful misconduct of Landlord. The foregoing notwithstanding, Tenant shall have the right to perform, without Landlord’s consent, non‑structural Alterations to the Premises which (including HVAC), electrical and plumbing systems within 1) do not affect any area of the Building outside of the Premises, lighting(2) are not visible from the exterior of the Premises, floor covering(3) do not affect or involve the Building Systems, affixed interior partitionsand (4) do not require the issuance of a building permit and cost Five Hundred Thousand and 00/100 Dollars ($500,000.00) or less on a completed project basis (“Cosmetic Alterations”), doors, stairs provided Tenant shall deliver at least five (5) days’ prior written notice thereof to Landlord describing the work to be performed and demising wallssuch work is performed subject to and in accordance with this Article 9 in all other respects. In the event that Any wiring and cabling installed by or on behalf of Tenant so requests that Landlord perform or any of the foregoing work on Tenant’s behalfTenant Parties, within 10 days must be marked and coded in a manner reasonably acceptable to Landlord to identify such facilities as belonging to Tenant and the point of Landlord’s request therefore (which request shall be accompanied by reasonable documentation commencement and termination of such costs facilities and expensesthe purpose of such lines (i) every six (6) feet outside the Premises (including the electrical room risers and any Common Areas), Tenant shall pay to Landlord the amount incurred and (ii) at their termination points. Unless otherwise notified by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 belowLandlord, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, at its expense and before the expiration or earlier termination hereof, shall remove all such wiring and cabling installed in the Premises or the Common Areas by or for Tenant Related or any of the Tenant Parties and their respective contractors and vendors. If Tenant fails to make repair any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairsresulting damage.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following Tenant shall not make alterations and additions to Tenant’s Premises except in accordance with plans and specifications therefor first approved by Landlord, which approval shall not be unreasonably withheld, delayed or conditioned. However, Landlord’s receipt determination of a written request matters relating to aesthetic issues relating to alterations, additions or improvements which are visible outside the Premises shall be in Landlord’s sole discretion. Without limiting such standard Landlord shall not be deemed unreasonable for withholding approval of any alterations or additions (including, without limitation, any alterations or additions to be performed by Tenant given the availability of under Article III) which (a) in Landlord’s employeesopinion are reasonably likely to adversely affect any structural or exterior element of the Building, Landlord shall, at Tenant’s sole cost and expense, perform the following maintenance and repair obligations any area or element outside of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lightingor any facility or base building mechanical system serving any area of the Building outside of the Premises, floor coveringor (b) involve or affect the exterior design, affixed interior partitionssize, doorsheight, stairs or other exterior dimensions of the Building or (c) will require unusual expense to readapt the Premises to normal office use on Lease termination or expiration or increase the cost of construction or of insurance or taxes on the Building or of the services called for by Section 4.1 unless Tenant first gives assurance acceptable to Landlord for payment of such increased cost and demising wallsthat such readaptation will be made prior to such termination or expiration without expense to Landlord, (d) enlarge the Rentable Floor Area of the Premises, or (e) are inconsistent, in Landlord’s judgment, with alterations satisfying Landlord’s standards for new alterations in the Building. In Landlord’s review and approval of any such plans and specifications and consent to perform work described therein shall not be deemed an agreement by Landlord that such plans, specifications and work conform with applicable Legal Requirements and requirements of insurers of the event Building and the other requirements of this Lease with respect to Tenant’s insurance obligations (herein called “Insurance Requirements”) nor deemed a waiver of Tenant’s obligations under this Lease with respect to applicable Legal Requirements and Insurance Requirements nor impose any liability or obligation upon Landlord with respect to the completeness, design sufficiency or compliance of such plans, specifications and work with applicable Legal Requirements and Insurance Requirements nor give right to any other parties. Further, Tenant acknowledges that Tenant so requests is acting for its own benefit and account, and that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Tenant shall not be acting as Landlord’s request therefore agent in performing any work in the Premises, accordingly, no contractor, subcontractor or supplier shall have a right to lien Landlord’s interest in the Property in connection with any such work. Within thirty (which request shall be accompanied by reasonable documentation 30) days after receipt of such costs and expenses)an invoice from Landlord, Tenant shall pay to Landlord as a fee for Landlord’s review of any work or plans (excluding any review respecting initial improvements performed pursuant to Article III hereof for which a fee has previously been paid but including any review of plans or work relating to any assignment or subletting), as Additional Rent, an amount equal to the amount sum of: (i) $150.00 per hour, plus (ii) third party expenses incurred by Landlord to review Tenant’s plans and Tenant’s work. Except for any additions or alterations which Tenant requests to remain in connection the Premises in Tenant’s notice seeking Landlord’s consent for the installation thereof (which notice shall specifically refer to this Section 5.12) and for which Landlord specifically agrees in writing may remain, all alterations and additions shall be part of the Building unless and until Landlord shall specify the same for removal pursuant to Section 5.2. All of Tenant’s alterations and additions and installation of furnishings shall be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not to damage the Buildings or Site or interfere with construction or operation of the Buildings and other improvements to the Site and, except for installation of furnishings, cabling and wiring shall be performed by Landlord’s general contractor (whose prices shall be competitive and reasonable taking into consideration the quality and nature of the work) or by contractors or workers first reasonably approved by Landlord. Except for work by Landlord’s general contractor, Tenant, before its work is started, shall secure all licenses and permits necessary therefor; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and material to be furnished by them and security reasonably satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such labor and material; and cause each contractor to carry insurance in accordance with Section 8.14 herein and to deliver to Landlord certificates of all such insurance. To the extent usual and customary in light of the nature of the work being performed, Tenant shall also prepare and submit to Landlord a set of as-built plans, in both print and electronic forms, showing such work performed by Tenant to the Premises promptly after any such alterations, improvements or installations are substantially complete and promptly after any wiring or cabling for Tenant’s computer, telephone and other communications systems is installed by Tenant or Tenant’s contractor. Without limiting any of Tenant’s obligations hereunder, Tenant shall be responsible, as Additional Rent, for the costs of any alterations, additions or improvements in or to the Building that are required in order to comply with Legal Requirements as a result of any work performed by Tenant. Landlord shall have the right to provide such rules and regulations relative to the performance of any alterations, additions, improvements and installations by Tenant hereunder and Tenant shall abide by all such reasonable rules and regulations and shall cause all of its contractors to so abide including, without limitation, payment for the costs of using Building services. Tenant agrees to pay promptly when due the entire cost of any work done on the Premises by Tenant’s behalf (, its agents, employees, or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the reimbursement Premises or the Buildings or the Site and immediately to discharge any such liens which may so attach. Tenant shall pay, as Additional Rent, 100% of such costs any real estate taxes on the Complex which shall, at any time after commencement of the Term, result from any alteration, addition or improvement to the Premises made by Tenant. Tenant acknowledges and expenses agrees that Landlord shall be deemed Additional Rent for purposes the owner of this Lease). Subject to any additions, alterations and improvements in the terms of Section 15 below, Premises or the Building to the extent Landlord is not reimbursed paid for by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairsLandlord.

Appears in 2 contracts

Sources: Lease Agreement (Proteon Therapeutics Inc), Lease Agreement (Proteon Therapeutics Inc)

Alterations. Tenant may install tenant finishes in the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions: (i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises; (ii) without the prior written approval of Landlord, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any way the structure of the Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the prior written approval of Landlord, Tenant shall make no Alterations to any portion of the exterior or elevation of the Building. (iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject; (iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without limitation, workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the State of California; (v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), the plans and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not be unreasonably "withheld or delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and (vi) To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of nonresponsibility on the Demised Premises. Within a reasonable time period following Landlord’s receipt prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of a written request all plans and specifications prepared in connection with any such alteration, addition or improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant given or assignees, subtenants or licensees of Tenant shall remain the availability property of the owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord’s employees, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at Tenant’s its sole cost and expense, perform the following maintenance expense and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform in as expeditious a manner as possible remove any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation or all of such costs and expenses), Tenant shall pay to Landlord Alterations from the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 belowDemised Premises, to the extent Landlord is not reimbursed required by insurance proceeds (Landlord. Tenant further agrees to repair any damage resulting therefrom and if Landlord fails to carry insurance expressly required of Landlord by leave the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Demised Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the a commercially reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairscondition.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following 17.1 Tenant shall make no alterations, additions or improvements in or to the Demised Premises without Landlord’s receipt 's prior written consent, which approval shall not be unreasonably withheld and provided that Landlord shall not be required to incur any costs in connection therewith and then only by architects, contractors, suppliers or mechanics approved by Landlord in Landlord's sole discretion. In seeking Landlord's approval, Tenant shall provide Landlord, at least fourteen (14) days in advance of a written request any proposed construction, with plans, specifications, bid proposals, work contracts and such other information concerning the nature and cost of the alterations as may be reasonably requested by Landlord. 17.2 Tenant agrees that there shall be no construction of partitions or other obstructions which might interfere with free access to mechanical installation or service facilities of the Building or interfere with the moving of Landlord's equipment to or from the enclosures containing said installations or facilities. 17.3 Tenant agrees that any work by Tenant given shall be accomplished in such a manner as to permit any fire sprinkler system and fire water supply lines to remain fully operable at all times. 17.4 All such work shall be done at such times and in such manner as Landlord may from time to time designate. Tenant covenants and agrees that all work done by Tenant shall be performed in full compliance with all laws, rules, orders, ordinances, directions, regulations, and requirements of all governmental agencies, offices, departments, bureaus and boards having jurisdiction, and in full compliance with the availability rules, orders, directions, regulations, and requirements of any applicable fire rating bureau. Tenant shall obtain all applicable building permits and occupancy certificate. Tenant shall provide Landlord with "as-built" plans showing any change in the Demised Premises. 17.5 Before commencing any work, Tenant shall give Landlord at least fourteen (14) days' prior written notice of the proposed commencement of such work and shall, if required by Landlord’s employees, secure at Tenant's own cost and expenses a completion and lien indemnity bond satisfactory to Landlord for said work. 17.6 All alterations, attached equipment, decorations, fixtures, trade fixtures, additions and improvements, subject to Section 17.8, attached to or built into the Demised Premises, made by either party, including (without limiting the generality of the foregoing) all wallcovering, built-in cabinet work and paneling, exterior venting fume hoods and walk in freezers and refrigerators, shall, unless prior to such construction or installation, Landlord shallelects otherwise, become the property of Landlord upon the expiration or earlier termination of the term of this Lease, and shall remain upon and be surrendered with the Demised Premises as a part thereof. 17.7 Tenant shall repair any damage to the Demised Premises caused by Tenant's removal of any property from the Demised Premises. During any such restoration period, Tenant shall pay Rent to Landlord as provided herein as if said space were otherwise occupied by Tenant. 17.8 All business and trade fixtures, machinery and equipment, built-in furniture and cabinets, including but not limited to, those items listed on Exhibit "G" attached hereto, together with all additions and accessories thereto, installed in and upon the Demised Premises and paid for by Landlord shall be and remain the property of Landlord and shall not be moved by Tenant at any time during the term of this Lease. If Tenant shall fail to remove all of its effects from the Demised Premises prior to termination of this Lease, then Landlord may, at Tenant’s sole cost its option, remove the same in accordance with law, and expensestore said effects, perform the following maintenance and repair obligations of Tenant within the Premises: repair agrees to pay Landlord upon demand any expenses incurred for such removal and maintain the mechanical (including HVAC)storage or Landlord may, electrical and plumbing systems within the Premisesat its option, lightingin accordance with law, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform sell said property or any of the foregoing work on Tenant’s behalfsame, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation for such price as Landlord may obtain and apply the proceeds of such costs sale against any amounts due under this Lease from Tenant to Landlord and expenses)against any expenses incident to the removal, storage and sale of said personal property. 17.9 Notwithstanding any other provision of this Article 17 to the contrary, in no event may Tenant remove any improvement from the Demised Premises as to which Landlord contributed payment, including, without limitation, the Tenant Improvements made pursuant to the Work Letter and paid for by Landlord without Landlord's prior written consent, which may be withheld in Landlord's sole discretion. 17.10 Tenant shall pay to Landlord an amount equal to five percent (5%) of the amount incurred cost to Tenant of all changes installed by Landlord in connection with the performance Tenant or its contractors or agents to cover Landlord's overhead and expenses for plan review, coordination, scheduling and supervision thereof. For purposes of payment of such work on Tenant’s behalf (sum, Tenant shall submit to Landlord copies of all bills, invoices, and statements covering the reimbursement costs of such costs and expenses shall changes, which will be deemed Additional Rent for purposes accompanied by payment to Landlord of this Lease)the percentage fee set forth above. Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for any extra expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, or by reason of delays caused by such work, or by reason of inadequate cleanup. Nothing contained in this provision shall be construed as obligating Tenant to pay such fee to Landlord with respect to the work to be performed pursuant to the Work Letter. 17.11 Notwithstanding any of the foregoing, Tenant may construct non-structural alterations, additions and improvements ("Minor Alterations") in the Demised Premises with not less than fourteen (14) days prior written notice to Landlord but without Landlord's prior approval, if i) the cost of repairing damage to such work (whether conducted in one or a series of jobs) does not exceed Twenty Five Thousand Dollars ($25,000) ii) the Minor Alterations do not impact the Building caused by systems such as electrical, heating, air conditioning, water and plumbing; and iii) are not visible from Common Areas of the acts of Tenant, Tenant Related Parties and their respective contractors and vendorsBuilding. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice Minor Alterations shall not be required in an emergency)subject to Section 17.10 above. Upon request, Landlord may make shall advise Tenant in Writing whether it reserves the repairsright to require Tenant to remove any alterations from the Demised Premises upon termination of this Lease. Alterations and Tenant's trade fixtures, furniture, equipment and other personal property placed in the Demised Premises and paid for by Tenant ("Tenant's Property") shall at all times be and remain Tenant's property, and Tenant shall pay be entitled to all depreciation, amortization and other tax benefits with respect thereto. Except for alterations which cannot be removed without structural injury to the reasonable cost Demised Premises, or which have become fixtures of the repairsBuilding, together with a reasonable administrative charge not at any time, Tenant may remove Tenant's Property from the Demised Premises, provided that Tenant repairs all damage caused by such Property removal. Landlord shall have no lien or other interest whatsoever in any item of Tenant's Property located in the Demised Premises, and shall execute any document reasonably necessary to exceed to 10% of waive any lien or interest in Tenant's Property located in the cost of the repairsDemised Premises.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following Landlord’s receipt of a written request by Tenant given the availability of Landlord’s employees, Landlord shall, at Tenant’s sole cost and expense, perform the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay to Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 belowthis Paragraph 14, Tenant shall have the right to perform certain alterations to the Premises. Any alterations made shall remain on and be surrendered with the Premises upon expiration of the Term, except that Landlord may, within thirty (30) days after receipt of written request by ▇▇▇▇▇▇ (which notice may be given by Tenant prior to or subsequent to ▇▇▇▇▇▇’s making of the applicable alterations), elect to require Tenant to remove any alterations which Tenant may have made, or is contemplating making, to the extent Landlord is not reimbursed by insurance proceeds (and if Premises. If Landlord fails to carry insurance expressly timely make such election, Tenant shall not be required to remove the applicable alterations which Tenant made, or is contemplating making, to the Premises. If Tenant fails to provide Landlord the above described notice, Landlord may, at anytime prior to that date which is thirty (30) days after the expiration of the Term, elect to require Tenant to remove any alterations which Tenant may have made to the Premises. If Landlord so elects, Tenant shall, at its own cost, restore the Premises to the condition reasonably designated by Landlord in its election, before the last day of the Term or within thirty (30) days after notice of its election is given, whichever is later. Notwithstanding the foregoing, Tenant shall not, without Landlord’s prior written approval, be permitted to make alterations to the Premises that affect the structural portions of, or slab of, the Building, materially and adversely affect the Building’s systems and/or materially affect the appearance of the Building or the Premises Land viewed from the exterior, provided that Tenant shall notify Landlord in writing at least fifteen (15) days prior to the commencement of any alteration(s) and within thirty (30) days of completion of the applicable alteration(s) and, if completed, deliver to Landlord a set of the plans and specifications therefor, either “as built” or marked to show construction changes made. The performance of Tenant’s Work shall not be governed by the terms of this LeaseParagraph 14, to the extent such insurance would not have covered the loss), Tenant but shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant rather be governed by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make Subparagraph 4(d) and Paragraph 9 above and the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairs.Work Letter Agreement attached hereto as Exhibit C.

Appears in 2 contracts

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

Alterations. Within 11.1 Tenant shall not make any alterations, additions or improvements to the Demised Premises (collectively, the "Alterations") without the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cuffing or otherwise defacing the Demised Premises. Tenant shall furnish complete plans and specifications to Landlord at the time it requests Landlord's consent to any Alterations if the desired Alterations (i) will affect the Industrial Complex's mechanical, electrical, plumbing, or life safety systems or services, or (ii) will affect any structural component of the Demised Premises or the Industrial Complex, or (iii) will require the filing of plans and specifications with any governmental or quasi-governmental agency or authority, or (iv) will cost in excess of Twenty-Five Thousand Dollars ($25,000.00). Subsequent to obtaining Landlord's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by applicable law and a reasonable time period following Landlord’s receipt copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a written request ▇▇▇▇ for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including, without limitation, all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Tenant's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, such Alteration shall be made by Tenant given at Tenant's sole cost and expense by a contractor approved in writing by Landlord. Tenant shall give Landlord not less than ten (10) days advance written notice of the availability commencement of Tenant's Alterations to enable Landlord to post and record notices of nonresponsibility. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Any construction, alteration, maintenance, repair, replacement, installation, removal or decoration undertaken by Tenant in connection with the Demised Premises shall be completed in accordance with plans and specifications which must be approved by Landlord’s , shall be carried out in a good, workmanlike and prompt manner and in accordance with the provisions of EXHIBIT "C" annexed hereto, shall comply with all applicable Regulations of the authorities having jurisdiction thereof, and shall be subject to supervision by Landlord or its employees, agents or contractors. Without limiting the generality of the immediately preceding sentence, any installation or replacement of Tenant's heating or air conditioning equipment must be effected strictly in accordance with Landlord's instructions, the Clean Air Act and all other applicable Regulations. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Areas either within or without the Industrial Complex in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord shallbeing required to make any alterations and/or improvements to other portions of the Industrial Complex in order to comply with any applicable Regulations, then Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in making such alterations and/or improvements. Any Alterations made by Tenant shall become the property of Landlord upon installation and shall remain on and be surrendered with the Demised Premises upon the expiration or sooner termination of this lease, except Tenant shall upon demand by Landlord, at Tenant’s 's sole cost and expense, perform the following maintenance forthwith and with all due diligence remove all or any portion of any Alterations made by Tenant which are designated by Landlord to be removed and repair obligations and restore the Demised Premises in a good and workmanlike manner to their original condition, reasonable wear and tear excepted. Notwithstanding the foregoing, prior to commencing any Alterations, Tenant may request Landlord's waiver of the restoration obligation with respect to specified Alterations, which waiver may be granted or withheld by Landlord in its sole discretion. 11.2 All construction work done by Tenant within the Premises: repair Demised Premises shall be performed in a good and maintain workmanlike manner with new materials of first-class quality, lien-free and in compliance with all governmental requirements and Regulations, and in such manner as to cause a minimum of interference with other construction in progress and with the mechanical (including HVAC)transaction of business in the Industrial Complex. Tenant agrees to indemnify Landlord and hold Landlord harmless against any loss, electrical liability or damage resulting from such work, and plumbing systems Tenant shall, if requested by Landlord, furnish a bond or other security satisfactory to Landlord against any such loss, liability or damage. 11.3 In the event Tenant uses a general contractor to perform construction work within the Demised Premises, lightingTenant shall, floor coveringprior to the commencement of such work, affixed interior partitionsrequire said general contractor to execute and deliver to Landlord a waiver and release of any and all claims against Landlord and liens against the Industrial Complex to which such contractor might at any time be entitled. The delivery of the waiver and release of lien within the time period set forth above shall be a condition precedent to Tenant's ability to enter on and begin its construction work at the Demised Premises and, doorsif applicable, stairs to any reimbursement from Landlord for its construction work. 11.4 Nothing contained in this lease shall be construed as constituting the consent or request of Landlord, express or implied, to or for the performance by any contractor, laborer, materialman or vendor of any labor or services or for the furnishing of any materials for any construction, alteration, addition, repair or demolition of or to the Demised Premises or any part thereof. All materialmen, contractors, artisans, mechanics, laborers and demising wallsany other persons now or hereafter furnishing any labor, services, materials, supplies or equipment to Tenant with respect to any portion of the Demised Premises are hereby charged with notice that they must look exclusively to Tenant to obtain payment for same. Tenant and any subtenants shall have no power to do any act or make any contract which may create or be the foundation of any lien, mortgage or other encumbrance upon the reversionary or other estate of Landlord, or any interest of Landlord in the Demised Premises. NOTICE IS HEREBY GIVEN THAT LANDLORD IS NOT AND SHALL NOT BE LIABLE FOR ANY LABOR, SERVICES OR MATERIALS FURNISHED OR TO BE FURNISHED TO TENANT OR TO ANYONE HOLDING THE DEMISED PREMISES OR ANY PART THEREOF, AND THAT NO MECHANICS' OR OTHER LIENS FOR ANY SUCH LABOR, SERVICES OR MATERIALS SHALL ATTACH TO OR AFFECT THE INTEREST OF LANDLORD IN AND TO THE DEMISED PREMISES. 11.5 In the event that Tenant so requests that Landlord perform elects to remodel all or any portion of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses)Industrial Complex, Tenant shall pay to Landlord the amount incurred by Landlord in connection will cooperate with the performance of such work on remodeling, including Tenant’s behalf 's tolerating temporary inconveniences (and even the reimbursement temporary removal of Tenant's signs in order to facilitate such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject remodeling, as it may relate to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost exterior of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairsDemised Premises).

Appears in 2 contracts

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

Alterations. Within Borrower shall obtain Lender’s prior written consent, which consent shall not be unreasonably withheld or delayed, to any alterations to the Improvements, the cost of which is reasonably anticipated to exceed $3,500,000 (the “Threshold Amount”) or that will have a reasonable time period following Landlordmaterial adverse effect on Borrower’s receipt 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 written request by Tenant given Lease executed after the availability date hereof and not adversely affecting any structural component of Landlord’s employeesany Improvements, Landlord shall, at Tenant’s sole cost and expense, perform any utility or HVAC system contained in any Improvements or the following maintenance and repair obligations exterior of Tenant within the Premises: repair and maintain the mechanical any building constituting a part of any Improvements (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event it being understood that Tenant so requests that Landlord perform any of the foregoing work on Tenantprovision shall not require Lender’s behalf, within 10 days consent to tenants’ exterior signage pursuant to any Lease approved by Lender in accordance with the terms and provisions of Landlord’s request therefore this Agreement) or (which request shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay to Landlord the amount incurred by Landlord c) alterations performed in connection with the performance restoration 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 work on Tenant’s behalf (and the reimbursement of such costs and expenses consent shall be deemed Additional Rent granted, provided that such request shall have been accompanied by all information reasonably requested by Lender or reasonably necessary for purposes Lender to evaluate such request and shall have clearly stated, in 14 point type or greater, that if Lender fails to respond to such request within ten (10) Business Days, Lender’s consent shall be deemed to have been granted. If Lender refuses to grant such consent, Lender shall specify in writing the reasons for such refusal. Any approval by Lender of this Lease)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. Subject 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 Lender. If the total unpaid amounts due and payable with respect to alterations to the terms Improvements (other than such amounts to be paid or reimbursed by tenants under the Leases or paid from accounts established hereunder or Excluded Costs) shall at any time exceed the Threshold Amount, Borrower shall promptly deliver to Lender as security for the payment of Section 15 belowsuch 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), or (4) a Letter of Credit. Such security shall be in an amount equal to the extent Landlord is not excess of the total unpaid amounts with respect to alterations to the Improvements (other than such amounts to be paid or reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required tenants under the Leases or from accounts established hereunder or Excluded Costs) over the Threshold Amount. Upon completion of Landlord by the terms of this Lease, alterations to the extent satisfaction of Lender in its reasonable discretion Lender shall promptly return to Borrower such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairsadditional security.

Appears in 2 contracts

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

Alterations. Within Tenant shall not permit alterations in or to the Leased Premises unless and until the plans have been approved by Landlord in writing with the exception of alterations or 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, mechanical systems or electrical systems of the Building. In situations where Landlord’s prior approval is not so required, Tenant shall promptly notify Landlord with respect to such alterations and furnish Landlord with architectural drawings regarding same. As a condition of such approval (or with respect to any alterations made hereunder without Landlord’s approval), Landlord may require Tenant to remove the alterations (Landlord and Tenant shall expressly agree on which party shall be responsible for removal of the alteration in writing, at the time such approval is given to Tenant by Landlord or, with respect to alterations not requiring Landlord’s approval, within a reasonable time period following Landlord’s receipt of a written request by Tenant given the availability of Landlord’s employees, Landlord shall, at Tenant’s sole cost notice) and expense, perform restore the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay to Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes Leased Premises upon termination of this Lease); otherwise, all such alterations shall at Landlord’s option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Subject 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 terms of Section 15 belowLeased Premises, and nothing in this Lease shall be construed to constitute a consent by Landlord to the extent Landlord creation of any lien. If any lien is not reimbursed by insurance proceeds (and if Landlord fails filed against the Leased Premises for work claimed to carry insurance expressly required of Landlord by the terms of this Lease, have been done for or material claimed to the extent such insurance would not have covered the loss), been furnished to Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts or any subtenant of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails shall cause such lien to make any repairs to the Premises required be discharged of Tenant by the terms of this Lease for more than 15 record within thirty (30) days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and filing. Tenant shall pay the reasonable cost of the repairsindemnify Landlord from all costs, together losses, expenses and attorneys’ fees in connection with a reasonable administrative charge not to exceed to 10% of the cost of the repairsany construction or alteration and any related lien.

Appears in 2 contracts

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

Alterations. Within Tenant shall not make, without the prior written consent of Landlord, any alterations, additions or improvements to the Premises; provided, however, Landlord's prior consent shall not be required if such alteration (i) is a reasonable time period following Landlord’s receipt non-structural alteration which does not affect any systems of a written the Building and (ii) will cost, for any one such alteration, less than $50,000. Landlord shall not unreasonably withhold such consent, and Landlord shall be deemed to have consented to any request by Tenant given the availability for a consent, if Landlord does not respond to such request within fourteen (14) days thereafter, provided that Tenant shall have first furnished to Landlord 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’s employees. In addition, Landlord shall, at Tenant’s sole cost and expense, perform the following maintenance and repair obligations prior to commencement of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within any such work or delivery of any materials into the Premises, lightingTenant shall provide Landlord with necessary permits and licenses and appropriate evidence of Tenant's ability to pay for such work and materials in full, floor coveringand if requested by Landlord, affixed interior partitionsshall deposit with Landlord at such time such security for the payment of said work and materials as Landlord may require. All alterations, doors, stairs additions and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request improvements shall be accompanied by reasonable documentation 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 said alterations, additions or improvements. Before commencing any work in connection with such costs and expenses)alterations, additions or improvements, Tenant shall pay furnish Landlord 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 connected in any way with said alterations, additions or improvements. Tenant shall permit Landlord to Landlord the amount incurred by Landlord supervise construction operations in connection with the performance of such foregoing work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails requests to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendorsdo so. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairsall such alterations, together with a reasonable administrative charge not to exceed to 10% of additions and improvements, as well as the cost of decorating the repairsPremises occasioned by such alterations, additions and improvements, including the cost of labor and materials. Upon completing any alterations, additions or improvements, Tenant shall furnish Landlord with contractors' affidavits in form required by law, and full 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

Sources: Lease (Autocam International LTD), Lease Agreement (Autocam International LTD)

Alterations. Within a reasonable time period following 15.01 Tenant will not make, cause or permit any alterations, additions or improvements ("alterations") in or to the Demised Premises without in each instance obtaining Landlord’s receipt 's prior written consent thereto, which consent shall not be unreasonably withheld or delayed. By way of a written request by Tenant given the availability of Landlord’s employeesillustration but not limitation, Landlord shallwill be entitled to withhold its consent if the proposed alterations (i) impair or affect the structural soundness or integrity of the Demised Premises, Building, or any of the systems or equipment therein, (ii) lessen the present or future value of the Demised Premises or Building, (iii) change the type of use of the Demised Premises, or (iv) increase the risk of damage or injury to the Demised Premises, the Building or the occupants of the Building. Any such consent by Landlord may be upon condition that the work be performed by Landlord's agents, servants, employees or contractors and that Tenant furnish to Landlord such evidence of Tenant's financial ability to assure payment and/or completion as Landlord may reasonably require. If Landlord so elects and notifies Tenant at the time of Tenant's request to make such alterations, Tenant will, at Tenant’s its sole cost and expense, perform remove any alterations (structural or non-structural) at the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay to Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms expiration or other termination of this Lease, repair all damage caused by such removal and restore the Demised Premises to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage condition in which they were prior to the Building caused by the acts installation of any such alterations. Nothing herein contained will be construed to restrict Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails 's right to install or to make any repairs changes in Tenant's own movable trade fixtures. The provisions of this Article 15 are subject to the Premises terms and conditions of any mortgage to which this Lease is subordinate and if the consent of any such mortgagee is required for such work, such consent will be obtained by Tenant before any such work is commenced. In that regard, Landlord agrees to reasonably cooperate with Tenant in obtaining the consent of such mortgagee. Plans and specifications, together with an estimate of the cost of, for any proposed alterations will be submitted to Landlord upon the request for its consent. However, such review and consent by Landlord will not be deemed Landlord's opinion as to acceptability to or compliance with municipal requirements. Upon completion of the alterations Landlord is to receive one print and one reproducible copy of the "as-built" construction plans. If Landlord elects to, and notifies Tenant that it will, require removal of Alterations upon the expiration or earlier termination of this Lease, then Landlord shall also have the option to require that Tenant post a security deposit, letter of credit or other evidence of Tenant's financial ability to so remove such Alterations. 15.02 In making any alteration contemplated by this Article, or any repair or restoration contemplated by other terms and conditions of this Lease, the terms parties will comply with all applicable laws, regulations, ordinances and orders and procure all requisite permits, all at Tenant's expense. Copies of all such approvals, authorizations and permits will be delivered to and retained by Landlord. Each party will, on written request from the other, execute any documents necessary to be signed on its part in order to obtain any such permit. All alterations made hereunder will be performed in a first-class, good and workmanlike manner using new materials at least equivalent in quality to those used in the construction of the Building. 15.03 All alterations (other than Tenant's trade fixtures) will upon termination of this Lease for more than 15 days after notice from immediately be and become the sole and absolute property of Landlord (although notice shall not and will remain upon and be required surrendered with the Demised Premises unless Landlord has elected as provided in an emergency)Section 15.01 that such alterations be removed, Landlord may make in which event they will be removed by Tenant and the repairs, and Tenant shall pay Demised Premises restored to its original condition at Tenant's expense upon or prior to the reasonable cost surrender of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairspossession.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following Tenant shall not make alterations, repairs, additions or improvements or install any Cable in or to the Premises (collectively referred to as “Alterations”) without first obtaining the written consent of Landlord in each instance, which consent shall not be unreasonably withheld or delayed, provided that (1) the outside appearance or the strength of the Building shall not be affected; and (2) the structural parts of the Building and the proper functioning of the Building shall not be adversely affected. However, Landlord’s receipt consent shall not be required for any Alteration that satisfies all of the following criteria (a “Cosmetic Alteration”): (a) is of a written request cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; (b) is not visible from the exterior of the Premises or Building; (c) will not affect the structure of the Building or require a building permit; and (d) the cost of such Alterations (or a related series of Alterations) does not exceed $25,000.00. Cosmetic Alterations shall be subject to all the other provisions of this Section 9.03. All non-Cosmetic Alterations, including, without limitation, the Initial Alterations, shall be performed by Tenant given the availability of Landlord’s employeesa licensed General Contractor approved by Landlord in its sole discretion, each charging commercially competitive rates, provided, however, Landlord shallmay designate specific contractors with respect to specific structural items. Prior to starting any non-Cosmetic Alterations, at Tenant’s sole cost and expenseincluding, perform without limitation, the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses)Initial Alterations, Tenant shall pay furnish Landlord, for its approval, the proposed plans and specifications; names of proposed contractors and sub-contractors; required permits and approvals; evidence of contractor’s and subcontractor’s insurance (including workers’ compensation insurance) in amounts reasonably required by Landlord and naming Landlord as an additional insured; and any security for performance in amounts reasonably required by Landlord. Changes to the plans and specifications must also be submitted to Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses for its approval. Alterations shall be deemed Additional Rent for purposes constructed in a good and workmanlike manner, in accordance with all applicable Laws and using new materials of this Lease)a quality reasonably approved by Landlord. Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused any sums paid by the acts Landlord for third party examination of Tenant’s plans for Alterations. In addition, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost Landlord a fee for Landlord’s oversight and coordination of the repairs, together with a reasonable administrative charge not to exceed any non-Cosmetic Alterations equal to 10% of the cost of the repairsnon-Cosmetic Alterations.

Appears in 2 contracts

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

Alterations. Within a reasonable Tenant shall not make any alterations, additions or improvements to the Premises (collectively, the “Alterations”) without the prior written consent of Landlord (which consent shall not be unreasonably withheld or delayed), except for (a) the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Premises and (b) Alterations that are cosmetic in nature and do not affect the Building’s Structure or any Building’s System, do not require permits, and are anticipated to cost less than $25,000 (“Permitted Alterations”). Tenant shall furnish complete plans and specifications to Landlord for its approval at the time period following Tenant requests Landlord’s receipt consent to any Alterations. Subsequent to obtaining Landlord’s consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by applicable Law and a copy of the executed construction contract(s). Tenant shall give written notice to Landlord at least ten (10) Business Days prior to beginning any construction, and Landlord may post on and about the Premises or the Project notices of non-responsibility pursuant to applicable Laws. Tenant shall reimburse Landlord within thirty (30) days after the rendition of a written request by Tenant given the availability ▇▇▇▇ for all of Landlord’s employeesactual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting and construction fees incurred by or on behalf of Landlord shallfor the review and approval of Tenant’s plans and specifications and for the monitoring of construction of the Alterations not to exceed three percent (3%) of the hard costs of such Alterations. If Landlord consents to the making of any Alteration, such Alteration shall be made by Tenant at Tenant’s sole cost and expense by a contractor reasonably approved in writing by Landlord. Without Landlord’s prior written consent, Tenant shall not use any portion of the Common Areas in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations and/or improvements to other portions of the Project in order to comply with any applicable Laws, then Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in making such alterations and/or improvements. Any Alterations made by Tenant shall become the property of Landlord upon installation and shall remain on and be surrendered with the Premises upon the expiration or sooner termination of this Lease, unless Landlord requires the removal of such Alterations. Notwithstanding the foregoing, upon Tenant’s written request at the time it seeks Landlord’s consent to an Alteration, Landlord agrees to indicate in writing whether it will require such Alteration to be removed upon the expiration or earlier termination of the Lease. If Landlord requires the removal of such Alterations, Tenant shall at its sole cost and expense, prior to the Expiration Date or the last day of the Renewal Term (as defined in Exhibit G), as the case may be, or earlier termination of this Lease, remove all or any portion of any Alterations made by Tenant which are designated by Landlord to be removed and repair and restore the Premises in a good and workmanlike manner to their original condition, reasonable wear and tear excepted (collectively, the “Removal and Restoration Work”); provided, however, at Landlord’s election, in lieu of having Tenant perform the Removal and Restoration Work, Tenant shall pay Landlord, within five (5) days following maintenance Landlord’s demand, an amount equal to the actual out-of-pocket cost of performing the Removal and repair obligations of Tenant within Restoration Work, and Landlord shall have the Premises: repair and maintain right (but not the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord obligation) to perform any of the foregoing such work on Tenant’s behalf. All construction work done by Tenant within the Premises shall be performed in accordance with all Laws, within 10 days in a good and workmanlike manner with new materials of first-class quality, lien-free, and in such manner as to cause a minimum of interference with the transaction of business at the Project. All work which may affect the Building’s Structure or the Building’s Systems, at Landlord’s request therefore (which request shall election, must be accompanied performed by reasonable documentation Landlord’s usual contractor for such work. All work affecting the roof of the Project must be performed by Landlord’s roofing contractor and no such costs and expenses)work will be permitted if it would void or reduce the warranty on the roof. In all events, Tenant shall pay be required to Landlord the amount incurred by Landlord use union labor in connection with any initial improvements and all Alterations. Tenant agrees to indemnify, defend and hold Landlord, its Affiliates, Harvest Properties, Inc. (“Harvest”), Cerberus Real Estate Capital Management, LLC, a Delaware limited liability company (“Cerberus”), and Landlord’s Property Manager, and their respective officers, directors, partners, members, shareholders, employees and agents (collectively, the performance of “Indemnitees”) harmless against any loss, liability or damage resulting from such work on Tenant’s behalf performed by or at the request of Tenant (except for the Work), and Tenant shall, if requested by Landlord, furnish a bond or other security satisfactory to Landlord against any such loss, liability or damage. The foregoing indemnity shall survive the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes expiration or earlier termination of this Lease). Subject Landlord’s consent to or approval of any Alterations (or the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice plans therefor) shall not be required in an emergency)constitute a representation or warranty by Landlord, Landlord may make nor Landlord’s acceptance, that the repairssame comply with sound architectural and/or engineering practices or with all applicable Laws, and Tenant shall pay be solely responsible for ensuring all such compliance. All voice, data, video, audio and other low voltage control transport system cabling and/or cable bundles installed in the reasonable cost of Building by Tenant or its contractor shall be (i) plenum rated and/or have a composition make-up suited for its environmental use in accordance with NFPA 70/National Electrical Code; (ii) labeled every 3 meters with Tenant’s name and origination and destination points; (iii) installed in accordance with all EIA/TIA standards and the repairs, together National Electric Code; and (iv) installed and routed in accordance with a reasonable administrative charge not routing plan showing “as built” or “as installed” configurations of cable pathways, outlet identification numbers, locations of all wall, ceiling and floor penetrations, riser cable routing and conduit routing (if applicable), and such other information as Landlord may reasonably request. The routing plan shall be available to exceed to 10% of Landlord and its agents at the cost of the repairsProject upon request.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following Notwithstanding the provisions of Section 6.1 of the Master Lease, Subtenant shall not make or perform any Alterations or improvements in or to the Sublease Premises without Sublandlord’s and Landlord’s receipt prior written consent. Sublandlord’s consent to any other proposed Alterations or improvements by Subtenant to the Sublease Premises shall not be unreasonably withheld or delayed, but it shall not be considered unreasonable for Sublandlord to withhold its consent even if Landlord has given its consent pursuant to the terms of a written request by Tenant given the availability of Master Lease. Landlord’s employeesconsent to Subtenant’s Alterations and improvements shall be governed by the terms and conditions set forth in the Master Lease. Any such Alterations and improvements must be performed in accordance with the terms of the Master Lease, including Article 6 thereof, and in such manner as may be required to avoid causing or contributing to any labor disturbance, in accordance with plans and specifications as are approved in advance by Sublandlord, and subject to such other reasonable conditions as Sublandlord may impose thereon, including but not limited to: restricting the manner in which the work is to be performed so as to minimize any annoyance to or interference with the rights and operations of any other tenants or occupants of the Building; requiring Subtenant to provide builder’s risk, protective liability or other insurance; requiring a security deposit or additional security deposit from Subtenant; or requiring Subtenant to provide to Landlord shalland Sublandlord, at TenantSubtenant’s sole cost and expense, perform lien and completion bonds to ensure Landlord and Sublandlord against any liability for or damage or loss from liens and to ensure completion of the following maintenance work. The person selected by Subtenant to make any Alterations or improvements must be a reputable, duly licensed contractor and repair obligations of Tenant within must first be approved in writing by Landlord and Sublandlord. If any work outside the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Sublease Premises, lightingor any work on or adjustment to any Building Systems is required in connection with or as a result of Subtenant’s work, floor coveringsuch additional work shall be performed at Subtenant’s expense by contractors designated by Sublandlord. Sublandlord’s right to review and approve (or withhold approval of) Subtenant’s plans, affixed interior partitionsdrawings, doorsspecifications, stairs contractor(s) and demising wallsother aspects of construction work proposed by Subtenant is intended solely to protect Sublandlord, the Building and Sublandlord’s interests. In No approval or consent by Sublandlord shall be deemed or construed to be a representation or warranty by Sublandlord as to the event that Tenant so requests that Landlord perform adequacy, sufficiency, fitness or suitability thereof or compliance thereof with applicable laws or other requirements. Subtenant shall deliver the Sublease Premises to Sublandlord on the Sublease Expiration Date or earlier termination of the Sublease in the condition required by the Master Lease and, notwithstanding any of the foregoing work provisions of Article 6 of the Master Lease to the contrary, shall remove at Subtenant’s sole cost and expense any and all Alterations or other improvements made by Subtenant, if requested to do so by Sublandlord, and repair any damage caused by such removal. Any of Subtenant’s personal property not removed on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay to Landlord or before the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes Sublease Expiration Date or earlier termination of this Lease). Subject to Sublease, shall, at the terms sole option of Section 15 belowSublandlord, to automatically become the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required property of Landlord by Sublandlord upon the terms Sublease Expiration Date or earlier termination of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairsSublease, and Tenant shall pay thereafter Sublandlord may retain or dispose of in any manner the reasonable cost of the repairs, together with a reasonable administrative charge personal property not so removed without any liability whatsoever to exceed to 10% of the cost of the repairsSubtenant.

Appears in 2 contracts

Sources: Sub Sublease Agreement, Sub Sublease Agreement (Responsys Inc)

Alterations. Within a reasonable time period following Tenant shall not make or perform, or permit 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 receipt of a 's prior written request by Tenant given consent, which consent shall not be unreasonably withheld, conditioned or delayed. All plans, specifications and details for such Alterations, and all contractors performing the availability Alterations are subject to the prior written approval of Landlord’s employees, Landlord shallnot to be unreasonably withheld, at Tenant’s sole cost and expense, perform the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising wallsconditioned or delayed. In the event that Landlord grants such consent and permits Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalfto contract out such work, within 10 days of Landlord’s request therefore (which request such Alterations shall be accompanied 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 reasonable documentation of such costs and expenses), Tenant shall pay to Landlord the amount incurred adequately insured contractors approved by Landlord and in connection a good and workmanlike manner in accordance with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairsall applicable Legal Requirements, and Tenant shall pay indemnify and hold harmless Landlord from and against any and all costs, expenses, claims, liens and damages to person or property resulting from the reasonable cost making of any such alterations, decorations, additions or improvements in or to the Leased Premises or the Building; (iii) no Alteration shall affect any part of the repairs, together with a reasonable administrative charge not Building other than the Leased Premises or adversely affect any service required to exceed be furnished by Landlord to 10% Tenant or to any other tenant or occupant of the cost Building; (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 occupants of the repairsBuilding; (v) Tenant shall submit to Landlord reasonably detailed written plans and specifications for each proposed alteration and shall not commence any such 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 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 on such Alterations is begun. After any Alterations are completed, Tenant shall cause all required governmental inspections of the Alterations to be made and shall deliver to Landlord a copy of the inspection report and one complete set of the "as built" plans for such Alterations.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following Landlord’s receipt of a written request Construction by Tenant given of Alterations shall be governed by the availability following: A. Except as set forth below, Tenant shall not construct any Tenant Alterations or otherwise alter, improve, modify, or perform any work of improvement to the Premises without Landlord’s employees's prior written approval. However, Landlord shallTenant shall be entitled, at Tenant’s sole without Landlord's prior approval, to make Tenant Alterations (i) which do not affect the structural or exterior parts or water tight character of the Building, and (ii) the reasonably estimated cost and expenseof which, perform plus the following maintenance and repair obligations original cost of any part of the Premises removed or materially altered in connection with such Tenant within Alterations, together do not exceed the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising wallsPermitted Tenant Alterations Limit per work of improvement. In the event that Landlord's approval for any Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses)Alterations is required, Tenant shall pay not construct the Tenant Alterations until Landlord has approved in writing the plans and specifications therefor. Such Tenant Alterations shall be constructed substantially in compliance with such approved plans and specifications by a licensed contractor first approved by Landlord. All Tenant Alterations (whether Landlord's consent is required or not) shall be constructed by a licensed contractor in accordance with all Laws (including the ADA) using new materials of good quality. B. Tenant shall not commence construction of any Tenant Alterations until (i) all required governmental approvals and permits have been obtained, (ii) all requirements regarding insurance imposed by this Lease have been satisfied, (iii) Tenant has given Landlord at least five days' prior written notice of its intention to commence such construction, and (iv) if requested by Landlord, Tenant has obtained contingent liability and broad form builders' risk insurance in an amount reasonably satisfactory to Landlord if there are any perils relating to the amount incurred proposed construction not covered by Landlord in connection insurance carried pursuant to the Lease. C. All Tenant Alterations shall remain the property of Tenant during the Lease Term but shall not be altered or removed from the Premises except with Landlord's advance written permission. At the performance expiration or sooner termination of such work on Tenant’s behalf (and the reimbursement of such costs and expenses Lease Term, all Tenant Alterations shall be deemed Additional Rent surrendered to Landlord as part of the realty and shall then become Landlord's property, and Landlord shall have no obligation to reimburse Tenant for purposes all or any portion of this Lease). Subject to the terms of Section 15 belowvalue or cost thereof; provided, to the extent Landlord is not reimbursed by insurance proceeds (and however, that if Landlord fails requires Tenant to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss)remove any Tenant Alterations, Tenant shall reimburse Landlord for the cost of repairing damage so remove such Tenant Alterations prior to the Building caused by expiration or sooner termination of the acts of TenantLease Term. Notwithstanding the foregoing, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency)obligated to remove any Tenant Alterations with respect to which the following is true: (i) Tenant was required, or elected, to obtain the approval of Landlord may make to the repairs, and Tenant shall pay the reasonable cost installation of the repairsLeasehold Improvement in question; (ii) at the time Tenant requested Landlord's approval, together with a reasonable administrative charge Tenant requested of Landlord in writing that Landlord inform Tenant of whether or not Landlord would require Tenant to exceed to 10% remove such Leasehold Improvement at the expiration of the cost Lease Term; and (iii) at the time Landlord granted its approval, it did not inform Tenant that it would require Tenant to remove such Leasehold Improvement at the expiration of the repairsLease Term. D. Landlord's consent to the construction of Tenant Alterations may be withheld in Landlord's sole discretion. Landlord's consent to construction of Tenant Alterations and Landlord's approval of plans and specifications for Tenant Alterations shall not create any responsibility or liability on Landlord's part in regard to the completeness, competency, design sufficiency, or compliance with Law of such Tenant Alterations or the plans and specifications therefor.

Appears in 2 contracts

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

Alterations. Within 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. As a reasonable time period following condition of such approval, Landlord may require Tenant to remove the alterations and restore the Leased Premises upon termination of this Lease to the condition existing prior to the installation of such alterations; otherwise, all such alterations shall at Landlord’s receipt 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 written request by Tenant given good and workmanlike manner and of quality equal to or better than the availability original construction of the Building and that its contractors comply with the terms and conditions of Landlord’s employees, building standards (which Landlord shall, at Tenant’s sole cost and expense, perform the following maintenance and repair obligations of agrees to furnish to Tenant within the Premises: repair and maintain the mechanical (including HVACupon request therefor), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any Upon completion of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses)work, Tenant shall pay 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 Landlord. No person shall be entitled to any lien derived through or under Tenant for any labor or material furnished to the amount incurred 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 to the performance Leased Premises by 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 work alterations together with the plans and specifications for the same no less than ten (10) days before the date on Tenant’s behalf 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 (and 15) days after the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease)completion thereof. Subject Notwithstanding anything to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of contrary in this Lease, to the extent such insurance would Landlord shall not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to construct any floors above the Building caused by or place any other improvements thereon other than as specifically provided in the acts of Tenant, Tenant Related Parties Plans and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairsSpecifications.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following Tenant shall not make any alterations to the Premises or the Business Park without Landlord’s receipt 's prior written consent which shall not be unreasonably withheld. If Landlord gives its consent to such alterations, Landlord may post notices in accordance with the laws of a written request the state in which the Premises are located. All alterations made by Tenant, whether or not subject to the approval of Landlord, shall be performed by Tenant given the availability of Landlord’s employees, Landlord shall, at Tenant’s sole cost and expense, perform the following maintenance its contractors in a first class workmanlike manner and repair obligations of Tenant within the Premises: repair permits and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request inspections shall be accompanied by reasonable documentation of such costs obtained from all required governmental entities. Any alterations made shall remain on and expenses), Tenant shall pay to Landlord the amount incurred by Landlord in connection be surrendered with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms 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 extent such insurance would not have covered the loss)Premises. If Landlord so elects, Tenant shall reimburse at its own cost restore the Premises to the condition designated by Landlord in its election, before the last day of the Term or within thirty (30) days after notice of its election is given, whichever is later. Should Landlord consent in writing to Tenant's alteration of the Premises, Tenant shall contract with a contractor approved by Landlord for the cost construction of repairing damage 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 pay all costs for such construction and shall keep the Premises free and clear of all mechanics' liens which may result from construction by Tenant. Notwithstanding anything in this Lease to the Building caused by the acts of Tenant, contrary: a. Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency)to remove any improvement or fixture installed by Tenant in, Landlord may make on or about the repairsPremises pursuant to Tenant's repair obligation under this Lease, and Tenant shall pay not be required to remove any alterations, improvements, additions or utility installations for which Tenant has obtained Landlord's consent, unless Landlord has indicated, at the reasonable cost time of granting such consent, that such removal will be required. b. Tenant shall be entitled to remove Tenant's furniture, equipment, trade fixtures and other personal property at the expiration of the repairsterm, together with a reasonable administrative charge not provided Tenant repairs all damages caused by such removal. c. Tenant shall be entitled to exceed to 10% make alterations and utility installations in, on, under or about the Premises without consent of Landlord, so long as the cost of such alteration or utility installation does not (i) exceed the repairssum of $2,500; (ii) affect the structural or exterior portions of the Building or adversely affect the Building electrical, plumbing or HVAC systems; or (iii) involve the removal or relocation of any walls. Tenant shall, however, provide Landlord fifteen (15) days prior advance written notice and copies of a description of the alteration along with building permit plans(s) and specifications to enable Landlord to post any desired notices of non-responsibility.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following Landlord’s receipt of a written request by Tenant given the availability of Landlord’s employees, Landlord shall, at Tenant’s sole cost and expense, perform the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay make no changes in or to Landlord the amount incurred by Landlord in connection with the performance be demised premises of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease)any nature without Owner's prior written consent. Subject to the terms prior written consent of Section 15 below, Owner and to the extent Landlord is provisions of this article, Tenant at Tenant's expense, may make alterations, installations, additions or improvements which are non-structural and which do not reimbursed affect utility services or plumbing and electrical lines, in or to the interior of, the demised premises by insurance proceeds using contractors or mechanics first approved by Owner. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and if Landlord fails shall deliver promptly duplicates of all such permits, approvals and certificates to Owner and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such ▇▇▇▇▇▇▇'▇ compensation, general liability, personal and property damage insurance expressly as Owner may require. If any mechanic's lien is filed against the demised premises, or the building of which the same forms a part, for work claimed to have done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within ten days thereafter, at Tenant's expense, by filing the bond required by law. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner on Tenant's behalf, shall, upon installation, become the property of Landlord 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 terms date fixed as the termination of this Leaselease, elects to relinquish Owner's rights thereto and to have them removed by Tenant, in which event the same shall be removed from the premises by Tenant prior to the extent 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 insurance would not have covered from the loss)premises or upon removal of other installations as may be required by Owner, Tenant shall reimburse Landlord for immediately and at its expense, repair and restore the cost of repairing premises to the condition existing prior to installation and repair any damage to the Building caused demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the acts end of the term remaining in the premises after Tenant's removal shall be deemed abandoned and may, Tenant Related Parties at the election of Owner, either be retained as Owner's property or may be removed from the premises by Owner at Tenant's expense. Alterations and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant additions made by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairsbe owned by Tenant for depreciation purposes.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following 9.1. Tenant shall 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 written consent of Landlord in each instance, which consent shall not be unreasonably withheld, conditioned or delayed (and, in any event, shall not be conditioned on the payment to Landlord of any fees or charges due to Landlord’s 's review). Notwithstanding the foregoing, in the event Landlord fails to notify Tenant within ten (10) Business Days of Landlord's receipt of a written request by Tenant given the availability Tenant's notice of its proposed Alterations (together with all documentation required to be submitted to Landlord hereunder) of Landlord’s employees's consent or denial of consent to the proposed Alterations, Landlord shall, at Tenant’s sole cost and expense, perform the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay to Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent 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 purposes 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). Subject to Lease shall become the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required property of Landlord by upon the terms 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 to remove any such Alterations at any time during the Term of this Lease subject to the extent such insurance would not have covered the loss)provisions of this Article 9, provided that Tenant shall reimburse Landlord be responsible for the cost of repairing any damage to the Building caused resulting from the removal of such Alterations. 9.2. All permits, approvals and certificates required by the acts of all Governmental Authorities shall be timely obtained by Tenant at Tenant, Tenant Related Parties 's expense and their respective contractors and vendors. If Tenant fails submitted to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice Landlord shall not execute any application reasonably required by Tenant therefor provided that such execution shall be without expense to Landlord and further provided that Landlord's execution is required by such Governmental Authority). Notwithstanding Landlord's approval of plans and specifications for any Alteration, all Alterations shall be performed in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together full compliance with a reasonable administrative charge not to exceed to 10% of the cost of the repairsall applicable Laws.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following 15.1 Tenant agrees that it shall not make or allow to be made any alterations, physical additions, or improvements in or to the Premises without first obtaining the written consent of Landlord in each instance. As used herein, the term “Minor Alteration” refers to an alteration that (a) does not affect the outside appearance of the Building and is not visible from the Common Areas, (b) is non-structural and does not impair the strength or structural integrity of the Building, and (c) does not materially or adversely affect the mechanical, electrical, HVAC or other systems of the Building. Landlord agrees not to unreasonably withhold its consent to any Minor Alteration. Landlord’s receipt of a written request by Tenant given the availability of consent to any other alteration may be conditioned, given, or withheld in Landlord’s employeesreasonable discretion. Notwithstanding the foregoing, Landlord shallconsents to any repainting, at Tenant’s sole cost and expenserecarpeting, perform the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within or other purely cosmetic changes or upgrades to the Premises, lightingso long as (i) the aggregate cost of such work is less than $25,000.00 in any twelve-month period, floor covering(ii) such work constitutes a Minor Alteration (iii) no building permit is required in connection therewith, affixed interior partitionsand (iv) such work conforms to the then existing Building standards. At the time of said request, doorsTenant shall submit to Landlord plans and specifications of the proposed alterations, stairs additions, or improvements; and demising walls. In the event Landlord shall have a period of not less than fifteen (15) days therefrom in which to review and approve or disapprove said plans; provided that Tenant so requests if Landlord determines in good faith that Landlord perform any requires a third party to assist in reviewing such plans and specifications, Landlord shall instead have a period of the foregoing work on Tenant’s behalf, within 10 not less than thirty (30) days of Landlord’s request therefore (in which request shall be accompanied by reasonable documentation of such costs to review and expenses), approve or disapprove said plans. Tenant shall pay to Landlord upon demand the amount incurred cost and expense of Landlord in (A) reviewing said plans and specifications, and (B) inspecting the alterations, additions, or improvements to determine whether the same are being performed in accordance with the approved plans and specifications and all laws and requirements of public authorities, including, without limitation, the fees of any architect or engineer employed by Landlord in connection with the performance of for such work on purpose. In any instance where Landlord grants such consent, and permits Tenant to use its own contractors, laborers, materialmen, and others furnishing labor or materials for Tenant’s behalf construction (and the reimbursement of such costs and expenses collectively, “Tenant’s Contractors”), Landlord’s consent shall be deemed Additional Rent conditioned upon each of Tenant’s Contractors (1) working in harmony and not interfering with any laborer utilized by Landlord, Landlord’s contractors, laborers, or materialmen; and (2) furnishing Landlord with evidence of acceptable liability insurance, worker’s compensation coverage, and if at any time such entry by one or more persons furnishing labor or materials for purposes of this Lease)Tenant’s work shall cause such disharmony or interference, the consent granted by Landlord to Tenant may be withdrawn immediately upon written notice from Landlord to Tenant. Subject If Tenant is using Tenant’s Contractors for Tenant’s construction, the contract with such Tenant’s Contractor(s) shall provide for a guaranteed maximum price or a stipulated sum as the contract amount and shall be fully executed and delivered by Tenant and Tenant’s Contractor(s) prior to the terms commencement of Section 15 belowconstruction. Tenant, at its expense, shall obtain all necessary governmental permits and certificates for the commencement and prosecution of alterations, additions, or improvements and for final approval thereof upon completion, and shall cause any alterations, additions, or improvements to be performed in compliance therewith and with all Applicable Laws (including without limitation, California Energy Code, Title 24) and all requirements of public authorities and with all applicable requirements of insurance bodies. All alterations, additions, or improvements shall be diligently performed in a good and workmanlike manner, using new materials and equipment at least equal in quality and class to be better than (a) the extent Landlord is not reimbursed original installations of the Building, or (b) the then standards for the Comparable Building. Upon the completion of work and upon request by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss)Landlord, Tenant shall reimburse provide Landlord for the cost copies of repairing damage all waivers or releases of lien from each of Tenant’s Contractors. No alterations, modifications, or additions to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to Project or the Premises required shall be removed by Tenant either during the Term or upon the Expiration Date or the Termination Date without the express written approval of Landlord. Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not entitled to exceed to 10% any reimbursement or compensation resulting from its payment of the cost of constructing all or any portion of said improvements or modifications thereto unless otherwise expressly agreed by Landlord in writing. 15.2 Landlord’s approval of Tenant’s plans for work shall create no responsibility or liability on the repairspart of Landlord for their completeness, design sufficiency, or compliance with all laws, rules, and regulations of governmental agencies or authorities, including, but not limited to, the Americans with Disabilities Act. Landlord may, at its option, at Tenant’s expense, require that Landlord’s contractors be engaged for any work upon the integrated Building mechanical or electrical systems or other Building or leasehold improvements. 15.3 At least five (5) days prior to the commencement of any work permitted to be done by persons requested by Tenant on the Premises, Tenant shall notify Landlord of the proposed work and the names and addresses of Tenant’s Contractors. During any such work on the Premises, Landlord, or its representatives, shall have the right to go upon and inspect the Premises at all reasonable times, and shall have the right to post and keep posted thereon building permits and notices of non-responsibility or to take any further action which Landlord may deem to be proper for the protection of Landlord’s interest in the Premises. 15.4 During such times as Tenant is performing work or having work or services performed in or to the Premises, Tenant shall require its contractors, and their subcontractors of all tiers, to obtain and maintain commercial general liability, automobile, workers compensation, employer’s liability, builder’s risk, and equipment/property insurance in such amounts and on such terms as are customarily required of such contractors and subcontractors on similar projects. The amounts and terms of all such insurance are subject to Landlord’s written approval, which approval shall not be unreasonably withheld. The commercial general liability and auto insurance carried by Tenant’s contractors and their subcontractors of all tiers pursuant to this section shall name Landlord, Landlord’s managing agent, and such other persons as Landlord may reasonably request from time to time as additional insureds with respect to liability arising out of or related to their work or services (collectively, “Additional Insureds”). Such insurance shall provide primary coverage without contribution from any other insurance carried by or for the benefit of Landlord, Landlord’s managing agent, or other Additional Insureds. Such insurance shall also waive any right of subrogation against each Additional Insured. Tenant shall obtain and submit to Landlord, prior to the earlier of (i) the entry onto the Premises by such contractors or subcontractors or (ii) commencement of the work or services, certificates of insurance evidencing compliance with the requirements of this section. All of such alterations shall be insured by Tenant pursuant to Article 13 of this Lease immediately upon completion thereof. 15.5 Tenant’s initial improvement of the Premises shall be governed by Exhibit C and not the provisions of this Article 15 (other than Section 15.4).

Appears in 2 contracts

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

Alterations. Within Except for cosmetic alterations and projects that do not exceed $50,000.00 during any calendar year of the Term, that do not require a reasonable time period permit from the City of Irvine and that satisfy the criteria in the next following sentence (which cosmetic work shall require notice to Landlord but not Landlord’s receipt of a written request by Tenant given the availability of Landlord’s employees, Landlord shall, at Tenant’s sole cost and expense, perform the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expensesconsent), Tenant shall pay make no alterations, additions, decorations, or improvements (collectively referred to Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs as “Alterations”) to the Premises required without the prior written consent of Tenant by Landlord. For all Alterations that require the terms prior written consent of this Lease for more than 15 days after notice from Landlord (although notice Landlord, Landlord’s consent shall not be required in an emergencyunreasonably withheld, conditioned or delayed as long as the proposed Alterations do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (“Standard Improvements”). For all Alterations that require the prior written consent of Landlord, Landlord may make impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, provided that, for projects that do not exceed $100,000.00, Landlord shall not require Tenant to post a lien or completion bond. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the repairscost thereof to Landlord. Tenant shall obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord, and Tenant except for cosmetic Alterations not requiring a permit, Landlord shall pay be entitled to a supervision fee in the reasonable cost amount of the repairs, together with a reasonable administrative charge not to exceed to 103% of the cost of the repairsAlterations. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect and/or engineers to review Tenant’s architectural, mechanical and electrical plans, and the reasonable cost of that review shall be reimbursed by Tenant Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures, furniture, office/telephone equipment, computers and other personal property 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 given at least 45 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”), and to replace any non-Standard Improvements made by Tenant with the applicable Standard Improvements. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion thereof, is a Required Removable and Landlord shall advise Tenant as to which Alteration or any portion thereof shall be deemed a Required Removable within 10 days after receipt of Tenant’s request. If Landlord fails to respond to any request for consent within the 10 day period set forth in the preceding sentence, Tenant shall have the right to provide Landlord with a second request for consent. Tenant’s second request for consent must specifically state that Landlord’s failure to respond within a period of 5 days shall be deemed to be an approval by Landlord. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following Landlord’s receipt 15.1 In the event Tenant, after the Effective Date of a written request by Tenant given the availability of Landlord’s employeesthis Fourth Amendment, elects to construct Landlord shall, at Tenant’s sole cost approved Alterations and expense, perform the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within improvements in the Premises, lightingTenant shall have no obligation to remove the same, floor coveringnor to restore the Premises to the condition that existed prior to such Alterations or improvements being made, affixed interior partitionsunless Landlord provides written notice to Tenant at the time Landlord approves such proposed Alterations and improvements, doorswith such written notice to Tenant specifying that Tenant shall be responsible for the removal of such proposed Alterations or improvements upon the expiration or earlier termination of the Lease. 15.2 Landlord and Tenant hereby knowledge and agree that Section 2.4 of Exhibit B to the Second Amendment, stairs and demising wallsthe Schedule 2 referenced therein (collectively, the “Prior Non-Confirming Improvements Provisions”), are both hereby deleted. In place of the Prior Non-Confirming Improvements Provisions, Landlord and Tenant hereby acknowledge and agree that, as to all Alterations and improvements existing in the Premises as of the Effective Date of this Fourth Amendment, Tenant shall have no obligation to remove any such Alterations or improvements, nor to restore the Premises to the condition that existed prior such Alterations or improvements being made, with the exception of those certain items identified on the Replacement Schedule 2 attached hereto (the “Non-Conforming Improvements”). 15.3 Additionally, as set forth on Replacement Schedule 2, to Non-Conforming Improvements are divided into two (2) categories: the “Tier One Non-Conforming Improvements”, and the “Tier Two Non-Conforming Improvements”. Landlord and Tenant hereby acknowledge and agree that, in the event that Tenant so requests that Landlord perform exercises at least the first Option Term or otherwise enters into an amendment to the Lease to further extend the term of the Lease beyond the New Expiration Date for a period of thirty-six (36) months or longer, and such extension of the term of the Lease applies to at least fifty percent (50%) of the rentable square feet in the Buildings, then upon the expiration or earlier termination of the Lease, Tenant shall (a) no longer be obligated to remove any of the foregoing work on Tier Two Non-Conforming Improvements, and (b) only be obligated to remove the Tier One Non-Conforming Improvements, with such removal of the Tier One Non-Conforming Improvements to occur upon the expiration of the Lease as to any Building not leased by Tenant’s behalf. In contrast, within 10 days if Tenant declines to exercise the first Option Term, and otherwise fails to enter into an amendment to extend the term of Landlord’s request therefore the Lease beyond the New Expiration Date for a period of thirty-six (which request shall be accompanied by reasonable documentation 36) months or longer (and for at least fifty percent (50%) of such costs and expensesthe rentable square feet in the Buildings), then Tenant shall pay remain obligated to Landlord remove the amount incurred by Landlord in connection with Tier One and Tier Two Non-Conforming Improvements upon the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost expiration or earlier termination of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairsLease.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following Except for non-structural Alterations that (i) do not exceed $25,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the floor, roof, ceiling or walls, other than minor penetrations for wall hangings, fastenings to the floor or similar items not affecting the Building Systems, and (v) do not require work on the roof or within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations in or to the Premises without first obtaining Landlord’s receipt consent, which consent shall not be unreasonably withheld. With respect to any Alterations that do not require Landlord’s consent, Tenant shall nonetheless provide written notice thereof to Landlord, describing in reasonable detail the nature of the Alteration. With respect to any Alterations made by or on behalf of Tenant (where the Alteration requires Landlord’s consent): (i) not less than ten (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 (based on reasonable industry standards) 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 Alteration shall be constructed with new materials, in a written good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in an amount not to exceed $2,500 in connection with Landlord’s third party costs in connection with the 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, the cost of which exceeds $100,000.00, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant given shall be the availability property of LandlordTenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s employeesAlteration. At Tenant’s request prior to Tenant making any Alterations, Landlord shallwill notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupant. Notwithstanding anything to the contrary in this Lease, at Tenant’s the expiration or termination of this Lease, Tenant shall not be required to remove the Tenant Improvements, excluding wiring and cabling which Tenant shall be required to remove at its sole cost and expense. Subject to this Section 12, perform Tenant shall have the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within right to install a security system in the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event provided that Tenant so requests that provides Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay to Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject code or other access to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairssecurity system.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following Landlord’s receipt Other than the construction of a written request the Project, which shall be governed by Tenant given the availability provisions of Landlord’s employeesArticle III of the Mortgage Loan Agreement, Landlord Borrowers shall, at Tenantor shall cause Mortgage Borrowers to, obtain Lender’s sole cost and expenseprior consent to any material alterations to any Improvements, perform which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC)foregoing, electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on TenantLender’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay to Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice consent shall not be required in an emergency)connection with any alterations that will not have a material adverse effect on any Borrower’s or Mortgage Borrower’s financial condition, Landlord may make the repairs, and Tenant shall pay the reasonable cost value of the repairsCollateral, together 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 reasonable administrative charge part of any Improvements and the aggregate cost thereof does not to exceed to 10% the Alteration Threshold Amount, or (c) are performed in connection with the Restoration of a Property after the occurrence of a Casualty or Condemnation in accordance with the terms and provisions of the cost Mortgage Loan Agreement and this Agreement. To the extent Lender’s prior written approval is required pursuant to this Section 5.1.21, Lender shall have fifteen (15) Business Days from receipt of written request and any and all reasonably required information and documentation relating thereto in which to approve or disapprove such request and such written request shall state thereon in bold letters of 14 point font or larger that action is required by Lender. If Lender fails to approve or disapprove the request within such fifteen (15) Business Days, Lender’s approval shall be deemed given. Should Lender fail to approve any such request, Lender shall give Borrowers written notice setting forth in reasonable detail the basis for such disapproval. In no event shall Lender require any “consent fee” as a condition to any required approval. If the total unpaid amounts due and payable with respect to alterations to the Improvements at any Property (other than such amounts to be paid or reimbursed by tenants under the Leases) shall at any time exceed the Alteration Threshold Amount, Borrowers shall promptly deliver to Lender as security for the payment of such amounts and as additional security for Borrowers’ obligations under the Loan Documents any of the repairsfollowing: (A) cash, (B) U.S. Obligations, (C) other securities having a rating acceptable to Lender and that the applicable Rating Agencies have confirmed in writing will not, in and of itself, result in a downgrade, withdrawal or qualification of the then current ratings assigned to any Securities or any class thereof in connection with any Securitization, (D) a Letter of Credit, or (E) a completion and performance bond issued by an Approved Bank; provided, however, that (i) in the event (A) Mortgage Borrowers are required to and do deliver such security to Mortgage Lender under the Mortgage Loan Agreement, or (B) if the Mortgage Loan has been paid in full, First Mezzanine Borrowers are required to and do deliver such security to First Mezzanine Lender under the First Mezzanine Loan Agreement; and (ii) upon request, Lender receives evidence reasonably acceptable to it of the delivery of such security by Mortgage Borrowers to Mortgage Lender, or by First Mezzanine Borrowers to First Mezzanine Lender, as applicable, then Borrowers shall not be required to deliver any such security to Lender. Such security (if given as set forth above) shall be in an amount equal to the excess of the total unpaid amounts with respect to alterations to the Improvements on the applicable Property (other than such amounts to be paid or reimbursed by tenants under the Leases) over the Alteration Threshold Amount and during the continuance of an Event of Default, Lender may apply such security from time to time at the option of Lender to pay for such alterations.

Appears in 2 contracts

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

Alterations. Within (a) With the prior written consent of Landlord, Tenant may from time to time, at its sole cost and expense and after giving Landlord copies of all architectural plans and specifications and related governmental permits, make alterations, replacements, additions, changes, and improvements (collectively referred to in this Article as “Alterations”) in and to the interior of the Leased Premises as it may find necessary or convenient for operating the Leased Premises for the Permitted Use. Landlord may condition such consent as Landlord reasonably determines, including, without limitation, a reasonable condition requiring Tenant to remove any such Alteration upon the expiration or termination of the Lease Term and restoring the Leased Premises to the condition which existed on the date Tenant took possession, subject to normal wear and tear. Landlord shall give Tenant notice at the time period following of granting any such consent indicating whether Landlord will require Tenant to remove any such Alteration upon the expiration or termination of the Lease Term. Notwithstanding the foregoing, Tenant shall be permitted, without Landlord’s receipt consent, to make alterations of a written cosmetic nature such as painting, wallpapering, hanging pictures and installing carpet, so long as such alterations (i) are not visible from the exterior of the Leased Premises and (ii) do not affect the walls or windows (other that Landlord approved window coverings) of the Leased Premises; the roof, subfloor or any other structural element of the Building; or the mechanical, electrical, plumbing, heating, ventilating, air-conditioning and fire protection systems of the Building, subject, however, to the right of Landlord to request by Tenant given the availability of Landlord’s employees, Landlord shallthat Tenant, at Tenant’s sole cost and expense, perform the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform to remove any of such alterations upon the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay to Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes expiration or earlier termination of this Lease). (b) All Alterations made on the Leased Premises shall become the property of Landlord at the expiration or termination of the Lease Term and shall be surrendered with the Leased Premises. Subject Notwithstanding the foregoing, so long as Tenant is not in default under this Lease at the time of such expiration or termination, Tenant may remove its trade fixtures (including, without limitation, data cabling) from the Leased Premises, subject, however to the terms obligation of Section 15 belowTenant to repair any damage by its removal of any such trade fixtures, which obligation shall survive such expiration or termination. (c) Notwithstanding anything contained herein to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss)contrary, Tenant shall, at its sole cost and expense, make any non-structural Alteration to or on the Leased Premises, or any part thereof that may be necessary or required by reason of any law, rule, regulation or order promulgated by any competent government authority. (d) Tenant shall reimburse make or cause to be made any Alteration promptly and in a good workmanlike manner, in compliance with all applicable permits and authorizations and building and zoning laws and all laws, in accordance with the orders, rules and regulations of the Board of Fire Insurance Underwriters and any other body hereafter exercising similar functions having or asserting jurisdiction over the Lased Premises. (e) Tenant may contract with Landlord to complete construction of any Alteration and Landlord shall provide Tenant with a bid for the cost thereof prepared by Landlord’s construction contractor(s). Alternatively, Tenant may obtain additional bids if it so chooses and engage its own contractor, provided Landlord receives copies of repairing the bids and approves Tenant’s contractor and proposed materials, in writing, prior to the commencement of the work relating to such Alteration. Landlord shall not be responsible for the quality or nature of the work performed by any contractor engaged by Tenant. Tenant shall indemnify and hold Landlord harmless from and against any damage to the Building caused Building, or any other loss, cost, expense or other liability suffered by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant Landlord by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost reason of the repairs, together with a reasonable administrative charge not to exceed to 10% act or omission of the cost of the repairsany contractor so engaged by Tenant.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following Landlord’s receipt (a) Tenant shall not make any alterations, additions or improvements (collectively "Alterations") of a written request by Tenant given the availability of Landlord’s employees, Landlord shall, at Tenant’s sole cost and expense, perform the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay to Landlord the amount incurred by Landlord structural nature in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage or to the Building caused by or any Alterations to the acts exterior of Tenantthe Building, without Landlord's prior written consent, which consent may be withheld in Landlord's sole discretion, in each instance. Tenant Related Parties and their respective contractors and vendors. If Tenant fails shall be permitted to make interior, non-structural alterations without Landlord's consent. (b) Tenant shall give Landlord at least twenty (20) days prior written notice before commencing any repairs to Alterations requiring Landlord's consent and shall submit Tenant's plans for such Alterations at the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice same time. All Alterations shall not be required done in an emergency), Landlord may make the repairsa good and workmanlike manner, and Tenant shall pay ensure that all of Tenant's contractors engaged in such work shall at all times maintain satisfactory builders risk insurance, workmen's compensation insurance and adequate public liability and property damage insurance. Tenant agrees to indemnify Landlord for any loss, cost, damage or expense, including reasonable attorney's fees, resulting from any mechanic's lien being filed on the reasonable cost Premises and to release any such lien within thirty (30) days after receipt of written notice of such filing. Following completion of any material Alterations costing in excess of $50,000.00, Tenant shall provide Landlord with a set of plans showing such Alterations. (c) All Alterations made by Tenant or by Landlord on Tenant's behalf pursuant to the provisions of this Lease shall remain the property of the repairs, together Tenant during the Term. All Alterations (including wall to wall carpet) to the Premises shall remain upon the Premises and be surrendered with a reasonable administrative charge not to exceed to 10% the Premises at the expiration of the cost Term without disturbance, molestation or injury. At the expiration of the repairsTerm, Tenant shall be required to remove any Alterations that would be considered atypical in a commercial office building unless Tenant has obtained Landlord's consent to such Alterations prior to the installation thereof (which consent shall not be unreasonably withheld, conditioned or delayed).

Appears in 2 contracts

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

Alterations. Within Tenant shall not make any alteration, addition or ----------- improvement in, to or upon the Premises ("Alteration") without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld with respect to proposed Alterations which (i) are not structural in nature, (ii) do not affect the Base Building Components, (iii) are, in Landlord's opinion, compatible with the Building and the balance of the Real Property and the Building's mechanical, plumbing, electrical, heating/ventilation/air conditioning, communication, security and fire and other life safety systems (collectively, the "Building Systems"), and (iv) in Landlord's opinion will not interfere with the use and occupancy of any other portion of the Building or the Real Property by any other tenant or permitted occupant thereof. Tenant shall give Landlord not less than ten (10) days' prior written notice of any Alteration Tenant desires to make. Any Alterations as to which Landlord shall consent shall be made only by contractors approved in advance, in writing by Landlord, which approval shall not be unreasonably withheld; provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform any work relating to or affecting the Building Systems or the Base Building Components. Tenant shall comply with all Legal Requirements applicable to each Alteration and shall deliver to Landlord a reasonable time period following Landlord’s receipt complete set of a written request "as built" plans and specifications for each Alteration. Any work to the balance of the Building or Real Property related to or affected or triggered by Tenant's Alterations shall be performed by Tenant given the availability of at Tenant's expense (or, at Landlord’s employees's election, Landlord shall, may perform such work at Tenant’s sole cost and 's expense, perform the following ). Tenant shall be solely responsible for maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising wallsall Alterations made by Tenant. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay Landlord on demand (whether prior to or during the course of construction) an amount (the "Alteration Fee") equal to five percent (5%) of the total cost of each Alteration (and for purposes of calculating the Alteration Fee, such cost shall include architectural and engineering fees, but shall not include permit fees) as compensation to Landlord the amount for miscellaneous costs incurred by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease)Alteration. Subject to the terms of Section 15 belowIn addition, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant ▇▇▇▇▇▇ shall reimburse Landlord for all third party fees paid by Landlord in connection with reviewing the cost of repairing damage to proposed Alterations (whether or not the proposed Alterations are ultimately approved by Landlord or made by ▇▇▇▇▇▇), including, without limitation, ▇▇▇▇▇▇▇▇'s architectural and engineering fees. All Alterations shall be performed diligently and in a first-class workmanlike manner and in accordance with plans and specifications approved by Landlord, and shall comply with Landlord's construction procedures and requirements for the Building caused by the acts of Tenant, Tenant Related Parties (including Landlord's reasonable requirements relating to insurance and their respective contractors contractor qualifications and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost scheduling of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairswork).

Appears in 2 contracts

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

Alterations. Within a reasonable time period following Tenant shall not make any alterations, additions or improvements to the Leased Premises without Landlord’s receipt prior written consent, and all alterations, additions or improvements made by either of a written request by Tenant given the availability parties hereto upon the Leased Premises, except movable office furniture put in at the expense of the Tenant, shall be the property of the Landlord and shall, at the sole option of the Landlord, remain upon and be surrendered with the Leased Premises at the termination of this Lease, without molestation or injury, or at Landlord’s employeesrequest, and at Tenant’s sole expense, the Leased Premises shall be restored to its original condition. Tenant shall only use contractors, which have been approved in writing by Landlord shallfor any permitted alterations to the Leased Premises, and shall not permit any mechanic’s liens to be placed or remain upon the Leased Premises, the Building or the Property and shall discharge same immediately in accordance with Paragraph 6(B). Tenant will not overload the electrical wiring and will not install any additional electrical wiring, computer cables or plumbing unless it has first obtained Landlord’s written consent thereto, and if such consent is given, Tenant will install same at its own cost and expense and will thereafter be responsible for maintaining it at Tenant’s sole cost and expense, perform . Before commencing any improvements or alteration work in the following maintenance and repair obligations of Tenant within the Leased Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay require all contractors of Tenant performing such work in the Leased Premises to Landlord carry and maintain, at no expense to Landlord, any or all of the amount incurred following insurance policies as determined by Landlord written by companies acceptable to Landlord: (i) commercial general liability insurance, which shall name Tenant and Landlord as additional insureds, in connection such amounts as required by Landlord and with any endorsements that Landlord requires; (ii) workers’ compensation insurance in such amounts required by law and covering all persons employed by said contractor and engaged in the performance of work; (iii) [if applicable] comprehensive automobile liability insurance in such work on Tenantamounts as required by Landlord; and (iv) insurance against such other perils or legal risks and in such amounts as Landlord may from time to time establish. Upon Landlord’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss)request, Tenant shall reimburse furnish to Landlord for the cost duplicate original counterparts of repairing damage any or all insurance policies required pursuant to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairsParagraph 11 herein above.

Appears in 2 contracts

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

Alterations. Within 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. As a reasonable time period following condition of such approval, Landlord may require Tenant to remove the alterations and restore the Leased Premises upon termination of this Lease; otherwise, all such alterations shall at Landlord’s receipt 's option become a part of a written request by Tenant given the availability realty and the property of Landlord’s employees, Landlord shalland shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, at Tenant’s sole cost regulations and expensebuilding codes, perform in a good and workmanlike manner and of quality equal to or better than the following maintenance and repair obligations original construction of the Building. No person shall be entitled to any lien derived through or under Tenant within for any labor or material furnished to the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Leased Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request nothing in this Lease shall be accompanied construed to constitute a consent by reasonable documentation Landlord to the creation of such costs and expenses)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 pay cause such lien to be discharged of record within thirty (30) days after filing. Tenant shall indemnify Landlord the amount incurred by Landlord from all costs, losses, expenses and attorneys' fees in connection with the performance of such work on Tenant’s behalf (any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease)any related lien. Subject Notwithstanding anything contained herein to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss)contrary, Tenant shall reimburse Landlord for have the cost right, without Landlord's consent, and in compliance with all other provisions of repairing damage to the Building caused by the acts of Tenantthis Section, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs non-structural alterations to the Leased Premises required of Tenant by which do not materially impact the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairsBuilding's mechanical or electrical systems, and Tenant shall pay the reasonable aggregate cost of the repairs, together with which does not exceed Fifty Thousand Dollars ($50,000.00) per project for a reasonable administrative charge total project cost not to exceed to 10% One Hundred Fifty Thousand Dollars ($150,000.00) per year, provided that Tenant gives Landlord fifteen (15) business days prior written notice of the cost any such alteration, along with copies of the repairsall plans and specifications relating thereto and complies with Landlord's reasonable and customary procedures.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following Following the Commencement Date, Tenant shall not make any changes, additions, alterations, improvements or additions to the Premises and Common Area or attach or affix any articles thereto without Landlord’s receipt of a prior written request consent, which shall not be unreasonably withheld, conditioned or delayed. All alterations, improvements, and additions to the Premises (other than the Laboratory Premises) and Common Area (as permitted by Landlord in accordance with this Paragraph) shall be done only by Landlord or contractors or mechanics approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may reasonably approve. Any work approved by Landlord hereunder affecting the Laboratory Premises may be performed, at Tenant’s option, by Tenant given the availability of or its contractors or mechanics (which shall be reasonably approved by Landlord’s employees, Landlord shall), at Tenant’s sole cost and expense, perform . Any mechanics or materialman’s lien for which Landlord has received a notice of intent to file or which has been filed against the following maintenance Premises and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay to Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to Common Area or the Building caused by the acts 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 Related Parties and their respective contractors and vendorswithin ten days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to make discharge, bond over, or otherwise satisfy any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency)such lien, Landlord may make the repairsdo so at Tenant’s expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant shall pay the reasonable cost within 10 days following Tenant’s receipt of the repairsa ▇▇▇▇ from Landlord. All alterations, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairs.improvements, or additions, whether temporary or permanent in character, made

Appears in 2 contracts

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

Alterations. Within Tenant shall not make, or suffer to be made, any alterations, improvements or additions in, on, about or to the Premises or any part thereof (“Alterations”), without the prior written consent of Landlord (not to be unreasonably withheld) and/or without a reasonable time period following Landlord’s receipt valid building permit issued by the appropriate governmental authority, 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 a written request 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 given the availability 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 employeesapproval or disapproval within such fifteen (15) day period, Tenant shall have the right to provide Landlord shallwith a second written request for approval (a “Second Request”) that specifically identifies the applicable Plans and contains the following statement in bold and capital letters: “THIS IS A SECOND REQUEST FOR APPROVAL OF PLANS PURSUANT TO THE PROVISIONS OF SECTION 13 OF THE LEASE. IF LANDLORD FAILS TO RESPOND WITHIN FIFTEEN (15) DAYS AFTER RECEIPT OF THIS NOTICE, THEN LANDLORD SHALL BE DEEMED TO HAVE APPROVED THE ALTERATIONS DESCRIBED HEREIN.” If Landlord fails to respond to such Second Request within fifteen (15) calendar days after receipt by Landlord, the plans in question shall be deemed approved by Landlord. Without limiting the generality of the foregoing, all heating, lighting, electrical (including all wiring, conduit, outlets, drops, ▇▇▇▇ ducts, main and sub-panels), telephone/components, air conditioning, partitioning, drapery, and carpet installations made by Tenant, regardless of how affixed to the Premises, together with all other Alterations that have become an integral part of the Building, shall be and become the property of the Landlord upon termination of the Lease, and shall not be 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’s use of the Premises for purposes other than office use, Tenant shall promptly make the same at its sole cost and expense. If during the Term, perform the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC)any alteration, electrical and plumbing systems within the Premisesaddition, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay to Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject or change to the terms Common Area is Required by law, regulation, ordinance or order of Section 15 belowany public agency, to Landlord shall make the extent Landlord is not reimbursed by insurance proceeds (same and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenantsuch alteration, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice addition or change shall not be required in an emergency), Landlord may make the repairs, a Common Area Charge and Tenant shall pay the reasonable Tenant’s Pro Rata Share of said cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairsLandlord as provided in Paragraph 12 above.

Appears in 2 contracts

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

Alterations. Within Tenant shall make no alterations, installations, changes or additions in or to the Premises or the Project (collectively, "Alterations") without Landlord's prior written consent, which shall not be unreasonably withheld, conditioned or delayed; provided, however, (i) Landlord hereby consents to those Alterations listed on Exhibit "E" attached hereto and made a part hereof (so long as such Alterations are otherwise completed in accordance with the requirements set forth in this Lease), and (ii) Landlord's prior written consent shall not be required for Tenant's interior painting, and for any non-structural installation of fixtures, equipment, interior floors and floor coverings in the Premises, all of which may otherwise be completed in accordance with this Lease. Any Alterations approved by Landlord must be performed in accordance with the terms hereof, using only contractors reasonably approved by Landlord in writing and upon the reasonable time period following Landlord’s receipt approval by Landlord in writing of a written request plans and specifications pertaining to the Alterations in question, to be prepared and submitted by Tenant given the availability of Landlord’s employees, Landlord shall, at Tenant’s its sole cost and expense, perform the following maintenance . Landlord shall grant or deny consent to a proposed Alteration within ten (10) business days after Landlord's receipt of plans and repair obligations of specifications therefor. If Landlord fails to so respond in writing to Tenant within said ten (10) business day period, Tenant may send a second written notice ("Alteration Notice") to Landlord indicating that such Alteration Notice is being delivered by Tenant pursuant to this Section 9(d). Landlord's failure to withhold its consent by written notice to Tenant within five (5) business days after Landlord's receipt of a properly delivered Alteration Notice shall be deemed to constitute Landlord's consent to such Alteration. Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any Alterations approved by Landlord. Tenant shall cause all Alterations to be performed in a good and workmanlike manner, in conformance with all applicable Laws and pursuant to a valid building permit. Landlord shall not be entitled to a construction management fee or review fee in connection with any Alterations. Notwithstanding anything to the Premises: repair and maintain contrary contained herein, Tenant may also make minor alterations to the mechanical Premises (including HVACthe "Minor Alterations"), electrical without Landlord's consent, provided that the cost of any such Minor Alteration does not exceed $75,000 in any one instance and plumbing systems within more than $200,000 in the aggregate during the Term; and provided further that such Minor Alteration does not (i) require any structural modifications to the Premises, lighting(ii) require any changes to, floor coveringnor adversely affect, affixed interior partitionsthe Project Systems, doors, stairs and demising walls. In (iii) affect the event that Tenant so requests that Landlord perform any exterior appearance of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses)Project. Notwithstanding the rights accorded to Tenant pursuant to the immediately preceding sentences, Tenant shall pay acknowledges and agrees that Landlord's permission for Tenant to Landlord the amount incurred by Landlord in connection with the performance commence construction or Landlord's monitoring of such work on Tenant’s behalf (and shall in no way constitute any representation or warranty by Landlord as to the reimbursement adequacy or sufficiency of such costs plans and expenses specifications, the improvements to which they relate, the capabilities of such contractors or the compliance of any such work with any applicable Laws; instead, any such permission or monitoring shall merely be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required consent of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises as required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairshereunder.

Appears in 2 contracts

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

Alterations. Within Borrower shall obtain Lender's prior written consent, which consent shall not be unreasonably withheld or delayed, to any alterations to the Improvements, the cost of which is reasonably anticipated to exceed $1,000,000 (the "THRESHOLD AMOUNT") or that will have a reasonable time period following Landlord’s receipt 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 written request by Tenant given Lease executed after the availability date hereof and not adversely affecting any structural component of Landlord’s employeesany Improvements, Landlord shall, at Tenant’s sole cost and expense, perform any utility or HVAC system contained in any Improvements or the following maintenance and repair obligations exterior of Tenant within the Premises: repair and maintain the mechanical any building constituting a part of any Improvements (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event it being understood that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days provision shall not require Lender's consent to Tenants' exterior signage pursuant to any Lease approved by Lender in accordance with the terms and provisions of Landlord’s request therefore this Deed of Trust) or (which request shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay to Landlord the amount incurred by Landlord c) alterations performed in connection with the performance restoration 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 work on Tenant’s behalf (and the reimbursement of such costs and expenses consent shall be deemed Additional Rent granted, provided that such request shall have been accompanied by all information requested by Lender or reasonably necessary for purposes of this Lease). Subject Lender to the terms of Section 15 belowevaluate such request and shall have clearly stated, to the extent Landlord is not reimbursed by insurance proceeds (and in 14 point type or greater, that if Landlord Lender fails to carry insurance expressly required of Landlord by the terms of this Leaserespond to such request within ten (10) Business Days, Lender's consent shall be deemed to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendorsbeen granted. If Tenant fails Lender refuses to make any repairs to grant such consent, Lender shall specify in writing the Premises required reasons for such refusal. Any approval by Lender of Tenant by the terms plans, specifications or working drawings for alterations of this Lease for more than 15 days after notice from Landlord (although notice the Trust Property shall not be required in 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 emergency)independent architect, Landlord may make engineer, or other person reasonably acceptable to Lender. If the repairs, total unpaid amounts due and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairs.payable with

Appears in 2 contracts

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

Alterations. Within Tenant shall not make or allow to be made any alterations, additions or improvements to the Premises, either at the inception of this Lease or subsequently during the Term, except as permitted pursuant to Section 8.04 below, without obtaining the prior written consent of Landlord. Landlord shall not unreasonably withhold or delay its consent to any alterations, additions or improvements to the interior of the Premises proposed by Tenant, except to the extent such alterations, additions or improvements (i) affect the structural elements of the Building; (ii) affect the electrical, mechanical or plumbing systems of the Building; (ii) are visible from outside the Building or (iii) affect the improvements to the Premises constructed by Landlord. Tenant shall deliver to Landlord full and complete plans and specifications of all such alterations, additions or improvements, and no such work shall be commenced by Tenant until Landlord has given its written approval thereof. Landlord does not expressly or implicitly covenant or warrant that any plans or specifications submitted by Tenant are safe or that the same comply with any applicable laws, lawful ordinances, etc. Further, Tenant shall indemnify and hold Landlord harmless from any loss, cost or expense, including attorneys’ fees and costs, incurred by Landlord as a reasonable time period following result of any defects in design, materials or workmanship resulting from Tenant’s alterations, additions or improvements to the Premises. All repairs, alterations, additions, and restoration by Tenant hereinafter required or permitted shall be done in a good and workmanlike manner and in compliance with all applicable laws and lawful ordinances, by-laws, regulations and orders of any federal, state, county, municipal or other public authority and of the insurers of the Building. Tenant shall not permit liens of any kind to be imposed upon the Premises or Building and Tenant shall discharge of record any such liens or post adequate security or bond within five (5) days after written notice thereof. Tenant shall reimburse Landlord for Landlord’s receipt reasonable charges for Verus Lease v06 -20- February 2, 2005 (8:51 pm) reviewing and approving or disapproving plans and specifications for any alterations proposed by Tenant, and as a deposit against such obligation Tenant shall submit to Landlord with each request to make any alteration, additions or improvements to the Premises a deposit of a written request Five Hundred Dollars ($500). Landlord shall refund all or any part of such deposit not actually expended or incurred by Landlord for reviewing and approving or disapproving Tenant’s plans as permitted herein. Tenant given shall also reimburse Landlord for the availability costs of any increased insurance premiums incurred by Landlord to include such alterations in the Landlord’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 such Tenant alterations are not or cannot be included in the coverage of Landlord’s employeesinsurance, Landlord shallTenant shall insure the alterations under Tenant’s all risk insurance policy or policies as set forth in Section 5.01. Tenant shall require that any contractors used by Tenant carry a comprehensive liability insurance policy covering bodily injury in the amounts of Two Million Dollars ($2,000,000) per person and Two Million Dollars ($2,000,000) per occurrence and covering property damage in the amount of Two Million Dollars ($2,000,000) per occurrence. Tenant shall obtain, on behalf of Tenant and at Tenant’s sole cost and expense, perform the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform before proceeding with any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay to Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for alteration the cost of repairing damage which exceeds Five Thousand Dollars ($5,000) a completion and lien indemnity bond, or other surety, reasonably satisfactory to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendorsLandlord for such alteration. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make require proof of such insurance prior to commencement of any work on the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairsPremises.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following Tenant shall make no changes in or to the Demised Premises of any nature without Landlord’s receipt prior written consent provided, however, that Tenant may make purely decorative changes such as painting and installation of a partitions and carpeting without Landlord’s consent, but upon notice to Landlord. Subject to the prior written request consent of Landlord, not to be unreasonably withheld or delayed and to the provisions of this Article, Tenant at Tenant’s expense, may make non-structural alterations, installations, additions or improvements which do not affect utility services or plumbing and electrical lines, in or to the interior of the Demised Premises using licensed and reputable contractors or mechanics first approved by Landlord, not to be unreasonably withheld or delayed. Landlord shall not charge Tenant any fee or other charge for the supervision of Tenant’s initial improvements. Tenant shall not be responsible for Landlord’s security costs, during normal business hours, during the construction of Tenant’s initial improvements or initial alterations and for Tenant’s initial move into the Building. All labor employed by Tenant given shall be harmonious and compatible with the availability of labor employed by Landlord and other tenants in the Building, it being agreed that if such labor shall be incompatible, Tenant shall forthwith on Landlord’s employeesdemand withdraw such labor from the Demised Premises. Tenant may use its own contractor(s), Landlord subject to Landlord’s prior reasonable approval thereof, for performing any work in and to or from the Demised Premises. Tenant shall, at its expense, before making any alterations, additions, installations or improvements obtain all permits, approval and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord. Tenant agrees to carry and will cause Tenant’s sole cost contractors and expensesub-contractors to carry such ▇▇▇▇▇▇▇’▇ compensation, perform general liability, personal and property damage insurance as Landlord may require. As a condition to Tenant performing any work or alterations in or to the following maintenance Demised Premises and repair prior to the commencement of any such work or alterations, Tenant shall furnish a contractor’s performance and payment bond guaranteeing lien free completion of the work or alterations and payment of obligations to its sub-contractors and suppliers. The amount, form and substance of such bond shall be reasonably acceptable to Landlord, providing for a direct right of action against the surety by a claimant, naming Landlord and its Superior Mortgagee as co-obligees, and shall be underwritten by a surety company authorized to do and doing business in the State of New York and with a “Best” rating of A, or better. Tenant shall not file any mechanic’s, laborer’s or materialman’s lien, or suffer or permit any such lien to be filed against the Demised Premises, including the Building or any part thereof by reason of work, labor, services, or materials requested and/or supplies claimed to have been requested by or on behalf of Tenant; and if such lien shall at any time be so filed, within thirty (30) days after said filing Tenant shall cause said lien to be canceled and discharged of record. To the extent Tenant fails to remove any mechanic’s, laborer’s or materialman’s lien filed against the Demised Premises, including the Building or any part thereof within the Premises: repair time period set forth above, the same shall be deemed a default hereunder entitling Landlord to all rights and maintain remedies pursuant to law and this Lease including without limitation the mechanical right to arrange to bond or pay the amount of such claim upon which the lien is based and/or utilize the Security (as defined below) therefor and Tenant shall thereafter pay and be liable to Landlord for the amount so paid by Landlord, as additional rent, immediately upon demand, together with interest thereon at the highest rate permissible by law and all costs and expenses, including HVAC)reasonable attorneys’ fees incurred by Landlord in procuring the discharge of such lien, electrical shall be due and plumbing systems within payable by Tenant to Landlord as additional rent upon demand of Landlord. The provisions of this paragraph shall survive the Premisestermination of this Lease. All fixtures and all paneling, lighting, floor covering, affixed interior partitions, doorsequipment, stairs railings and demising walls. In like installations, installed in the event that Demised Premises at any time, either by Tenant so requests that or by Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days shall be removed by Tenant on or prior to the Expiration Date. Landlord hereby requires Tenant, at Tenant’s expense, to remove all switching equipment and wiring and other equipment appurtenant thereto and the HVAC system prior to the expiration of this Lease. Notwithstanding anything contained herein to the contrary, the Improvements (as hereinafter defined) (i) are and remain the property of Landlord’s request therefore , (which request ii) shall be accompanied surrendered by reasonable documentation Tenant together with the Demised Premises at the end of such costs the term, in accordance with Article 24 hereof and expenses)in no event shall Tenant remove the Improvements. Upon Tenant’s removal of any furniture, fixtures, equipment and installations from the Demised Premises as aforesaid, Tenant shall pay immediately and at its expense, repair and restore the Demised Premises (and/or the Building, as the case may be) to Landlord the amount incurred condition existing prior to installation and repair any damage to the Demised Premises or the Building due to such removal. All property to be removed by Landlord Tenant at the end of the term remaining in connection with the performance of such work on Tenant’s behalf (and Demised Premises after the reimbursement of such costs and expenses Expiration Date shall be deemed Additional Rent for purposes abandoned and may, at the election of this Lease)Landlord, either be retained as Landlord’s property or removed from the Demised Premises by Landlord, at Tenant’s expense. Subject to Commencing on the terms first anniversary of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (Commencement Date and if Landlord fails to carry insurance expressly required of Landlord by continuing annually thereafter throughout the terms term of this Lease, Tenant shall submit to Landlord a structural inventory. Landlord shall also have the right, on an annual basis, to access the Demised Premises, subject to the extent such insurance would not have covered provisions of Article 13 hereof, in order to review Tenant’s structural loading. Tenant has submitted all plans and specifications as Landlord shall require in connection with Tenant’s request for Landlord’s approval of the losswork Tenant requires to make to the Demised Premises suitable for its occupancy and use (“Initial Alteration Work”), and Landlord agrees to notify Tenant of its approval or disapproval within ten (10) business days of full execution hereof. All costs and expenses associated with the review of the Initial Alteration Work shall be paid by Tenant in accordance with the provisions of Article 43 of this lease. Subject to all applicable laws, and the provisions of this lease, Tenant may perform the Initial Alteration Work twenty four (24) hours per day, seven (7) days per week. Tenant shall reimburse Landlord be required to use the Building’s Class E System contractor for all interfacing with the cost of repairing damage fire detection system as well as the electrical contractor for work in the Demised Premises. With respect to the Building caused by the acts of Tenantany proposed work, Tenant Related Parties shall, submit (a) “load letter” evidencing Tenant’s proposed floor and their respective contractors electrical loads and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairsb) final “as built” plans.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following After the Commencement Date, Tenant shall not make or permit any Alterations in, on or about the Premises, except for nonstructural Alterations that do not impact the Building systems nor exceed One Thousand Dollars ($1,000.00) in cost, without the prior written consent of Landlord, and according to plans and specifications approved in writing by Landlord, which consent shall not be unreasonably withheld. Notwithstanding the foregoing Tenant shall not, without the prior written consent of Landlord, make any: (i) Alterations to the exterior of the Building; (ii) Alterations to and penetrations of the roof of the Building; and (iii) Alterations visible from outside the Premises, including the Common Area, to which Landlord may withhold Landlord’s receipt consent on wholly aesthetic grounds. All Alterations shall be installed at Tenant’s sole expense, in compliance with all applicable laws, by a licensed contractor, shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of a written request the Commencement Date, and shall not diminish the value of either the Building or the Premises. All Alterations made by Tenant given shall be and become the availability property of LandlordLandlord upon installation and shall not be deemed Tenant’s employeesPersonal Property; provided, however, that if Landlord informed Tenant at the time of its approval of any Alterations that Tenant would be required to remove such Alterations from the Premises at the expiration or sooner termination of this Lease, then Tenant shall, at Tenant’s sole cost and expense, perform remove such Alterations from the following maintenance Premises at the expiration or sooner termination of this Lease and repair obligations of Tenant within restore the Premises: repair and maintain Premises to their condition existing prior to the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation installation of such costs and expenses), Tenant shall pay to Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease)Alterations. Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms Notwithstanding any other provision of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the extent such insurance would not have covered the loss), Premises. Tenant shall reimburse give Landlord for written notice of Tenant’s intention to perform work on the cost of repairing damage Premises at least twenty (20) days prior to the Building caused by commencement of such work to enable Landlord to post and record a Notice of Nonresponsibility or other notice deemed proper before the acts commencement of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairssuch work.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following Tenant shall not make alterations and additions to Tenant’s Premises except in accordance with plans and specifications therefor first approved by Landlord, which approval shall not be unreasonably withheld. However, Landlord’s receipt determination of a written request matters relating to aesthetic issues relating to alterations, additions or improvements which are visible outside the Premises shall be in Landlord’s sole discretion. Without limiting such standard Landlord shall not be deemed unreasonable for withholding approval of any alterations or additions (including, without limitation, any alterations or additions to be performed by Tenant given the availability of under Article III) which (a) in Landlord’s employeesopinion would reasonably be expected to adversely affect any structural or exterior element of the Building, Landlord shall, at Tenant’s sole cost and expense, perform the following maintenance and repair obligations any area or element outside of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lightingor any facility or base building mechanical system serving any area of the Building outside of the Premises, floor coveringor (b) involve or affect the exterior design, affixed interior partitionssize, doorsheight, stairs or other exterior dimensions of the Building or (c) will require unusual expense to readapt the Premises to normal office use on Lease termination or expiration or increase the cost of construction or of insurance or taxes on the Building or of the services called for by Section 4.1 unless Tenant first gives assurance acceptable to Landlord for payment of such increased cost and demising wallsthat such readaptation will be made prior to such termination or expiration without expense to Landlord, (d) enlarge the Rentable Floor Area of the Premises, or (e) are inconsistent in any material respect, in Landlord’s reasonable judgment, with alterations satisfying Landlord’s standards for new alterations in the Building. In Landlord’s review and approval of any such plans and specifications and consent to perform work described therein shall not be deemed an agreement by Landlord that such plans, specifications and work conform with applicable Legal Requirements and requirements of insurers of the event Building and the other requirements of this Lease with respect to Tenant’s insurance obligations (herein called “Insurance Requirements”) nor deemed a waiver of Tenant’s obligations under this Lease with respect to applicable Legal Requirements and Insurance Requirements nor impose any liability or obligation upon Landlord with respect to the completeness, design sufficiency or compliance of such plans, specifications and work with applicable Legal Requirements and Insurance Requirements nor give right to any other parties. Further, Tenant acknowledges that Tenant so requests is acting for its own benefit and account, and that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Tenant shall not be acting as Landlord’s request therefore agent in performing any work in the Premises, accordingly, no contractor, subcontractor or supplier shall have a right to lien Landlord’s interest in the Property in connection with any such work. Within thirty (which request shall be accompanied by 30) days after receipt of an invoice from Landlord (together with reasonable documentation of such costs and expensessupporting back up documentation), Tenant shall pay to Landlord as a fee for Landlord’s review of any work or plans (excluding any review respecting initial improvements performed pursuant to Article III hereof for which a fee has previously been paid but including any review of plans or work relating to any assignment or subletting), as Additional Rent, an amount equal to the amount sum of: (i) $150.00 per hour for time spent by senior staff, and $100 per hour for time spent by junior staff, plus (ii) reasonable third party expenses incurred by Landlord to review Tenant’s plans and Tenant’s work. All alterations and additions shall be part of the Building unless and until Landlord shall specify the same for removal pursuant to Section 5.2. All of Tenant’s alterations and additions and installation of furnishings shall be coordinated with any work being performed by Landlord and in connection such manner as to maintain harmonious labor relations and not to damage the Buildings or Site or interfere with construction or operation of the Buildings and other improvements to the Site and, except for installation of furnishings, shall be performed by Landlord’s general contractor or by contractors or workers first approved by Landlord. Except for work by Landlord’s general contractor, Tenant, before its work is started, shall secure all licenses and permits necessary therefor; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and material to be furnished by them and security satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such labor and material; and cause each contractor to carry insurance in accordance with Section 8.14 herein and to deliver to Landlord certificates of all such insurance. Tenant shall also prepare and submit to Landlord a set of as-built plans, in both print and electronic forms, showing such work performed by Tenant to the Premises promptly after any such alterations, improvements or installations are substantially complete and promptly after any wiring or cabling for Tenant’s computer, telephone and other communications systems is installed by Tenant or Tenant’s contractor. Without limiting any of Tenant’s obligations hereunder, Tenant shall be responsible, as Additional Rent, for the costs of any alterations, additions or improvements in or to the Building that are required in order to comply with Legal Requirements as a result of any work performed by Tenant. Landlord shall have the right to provide such rules and regulations relative to the performance of such work on Tenant’s behalf any alterations, additions, improvements and installations hereunder (and the reimbursement of such costs and expenses which shall be deemed Additional Rent applied in a non-discriminatory manner) and Tenant shall abide by all such reasonable rules and regulations and shall cause all of its contractors to so abide including, without limitation, payment for purposes the costs of this Lease)using Building services. Subject Tenant agrees to pay promptly when due the entire cost of any work done on the Premises by Tenant, its agents, employees, or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the terms Premises or the Buildings or the Site and immediately to discharge any such liens which may so attach. Tenant shall pay, as Additional Rent, 100% of Section 15 belowany real estate taxes on the Complex which shall, at any time after commencement of the Term, result from any alteration, addition or improvement to the Premises made by Tenant. Tenant acknowledges and agrees that Landlord shall be the owner of any additions, alterations and improvements in the Premises or the Building to the extent Landlord is not reimbursed paid for by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by Landlord. Notwithstanding the terms of this Lease, to the extent such insurance would not have covered the loss)Section 5.12, Tenant shall reimburse have the right, without obtaining the prior consent of Landlord for but upon notice to Landlord given ten (10) days prior to the commencement of any work (which notice shall specify the nature of the work in reasonable detail), to make alterations, additions or improvements to the Premises where: (a) the same are within the interior of the Premises within the Building, and do not affect the exterior of the Premises and the Building (including no signs on windows); (b) the same do not affect the roof, any structural element of the Building, the mechanical, electrical, plumbing, heating, ventilating, air-conditioning and fire protection systems of the Building; (c) with the exception of painting and carpeting (which shall not be subject to the dollar limits set forth in this subsection (iii)), the cost of repairing damage to any individual alteration, addition or improvement shall not exceed $30,000.00 and the Building caused aggregate cost of said alterations, additions or improvements made by Tenant during the acts of Tenant, Lease Term shall not exceed $200,000.00 in cost; and (d) Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to shall comply with the Premises required of Tenant by the terms provisions of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency)and if such work increases the cost of insurance or taxes or of services, Landlord may make the repairs, and Tenant shall pay for any such increase in cost; provided, however, that Tenant shall, within thirty (30) days after the making of such changes, send to Landlord plans and specifications describing the same in reasonable cost detail and provided further that Landlord, by notice to Tenant given at least thirty (30) days prior to the expiration or earlier termination of the repairsLease Term, together with a may require Tenant to restore the Premises to its condition prior to construction of such improvements (reasonable administrative charge not to exceed to 10% wear and tear excepted) at the expiration or earlier termination of the cost of the repairsLease Term.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following Tenant shall not do any painting or decorating, or erect any partitions, make any alterations in or additions to the Premises or do any nailing, boring or screwing into the ceilings, walls or doors, without Landlord’s receipt prior written consent in each and every instance. However, Tenant shall have the right to make cosmetic alternations of up to $5,000 which do not impact the Building systems and structure. If Landlord consents to such alterations or additions (which consent shall not be unreasonably withheld but may include a written requirement in Landlord’s reasonable discretion that such work shall be performed either by or under the direction of Landlord at no additional cost to Tenant above any quote Tenant has received for such work from a third party), before commencement of the work or delivery of any materials into the Premises or into the Building, Tenant shall furnish Landlord for (A) Plans and specifications; (B) Names and addresses of contractors; (C) Copies of contracts; (D) Necessary permits; and (E) Indemnification and insurance in form and amount satisfactory to Landlord from all contractors performing labor or furnishing materials, insuring against any and all claims, costs, damages, liabilities and expenses which may arise in connection with the alterations or additions. Landlord may withhold approval of any alteration or additions if the plans and specifications therefor are not acceptable to Landlord or Landlord’s architect or engineer (if any). In connection with any request for approval of any alterations or additions by Tenant, Landlord may retain the services of an outside architect and/or engineer and the reasonable fees of such architect and/or engineer shall be reimbursed to Landlord by Tenant. Landlord’s approval of any plans or specifications shall not be construed to be an agreement or representation on Landlord’s part as to the adequacy or suitability of Tenant’s alterations or additions. In the event Landlord permits the alterations or additions to be completed by Tenant’s contractor, Landlord reserves the right to require that Tenant given shall terminate its contract with any such contractor in the availability event said contractor shall be engaged in a labor dispute which disrupts said contractor’s work and such dispute is disruptive to the other tenants in the building. Landlord shall also have the right to order any contractor of Tenant who violates any of Landlord’s employeesrequirements or standards of work to cease work and to remove himself, his equipment and his employees from the Building if such violation(s) are not promptly cured after written notice thereof is given by Landlord to Tenant. Landlord or the managing agent of the Building may elect in its reasonable judgment to charge for out-of-pocket costs incurred by Landlord for third party oversight to the extent such costs are not otherwise included for purposes of calculating the Expenses. Tenant agrees that its contractors shall not conduct their work in such a manner so as to interfere with or cause any interruption of either: (A) Landlord’s construction; (B) another tenant’s occupancy or construction; or (C) other phases of Landlord’s operation of the Building. Tenant hereby agrees to indemnify and hold Landlord, its beneficiaries, partners and their respective agents and employees harmless from any and all liabilities of every kind and description which may arise out of or be connected in any way with said alterations or additions. Any mechanic’s lien filed against the Premises, or the Project, for work claimed to have been furnished to Tenant shall be discharged of record or bonded against by Tenant within ten (10) days thereafter, at Tenant’s expense. Upon completing any alterations or additions, Tenant shall furnish Landlord with contractors’ affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used. All alterations and additions shall comply with all insurance requirements and with all ordinances and regulations of any pertinent governmental authority. All alterations and additions shall be constructed in a good and workmanlike manner and only good grades of materials shall be used. All additions, non-trade fixtures and all improvements, temporary or permanent, in or upon the Premises, whether placed there by Tenant or by Landlord, shall, unless Landlord requests their removal, become Landlord’s property and shall remain upon the Premises at the termination of this Lease, by lapse of time or otherwise, without compensation or allowance or credit to Tenant. Landlord may, at its sole option, request Tenant, at Tenant’s sole cost and expensecost, perform to remove same at the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any termination of the foregoing work on Tenant’s behalfTerm, within 10 days of and if, upon Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses)request, Tenant shall pay to Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (does not remove said additions, hardware, non-trade fixtures and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency)improvements, Landlord may make remove the repairssame, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not such removal to exceed to 10% of the cost of the repairsLandlord upon demand.

Appears in 2 contracts

Sources: Office Lease (AveXis, Inc.), Office Lease (AveXis, Inc.)

Alterations. Within a reasonable time period following Landlord’s receipt of a written request by Tenant given Other than the availability of Landlord’s employees, Landlord shall, at Tenant’s sole cost and expense, perform the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any construction of the foregoing work on Tenant’s behalfProject, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay to Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord governed by the terms provisions of this LeaseArticle III hereof, Borrowers shall obtain Lender’s prior consent to any material alterations to any Improvements, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the extent such insurance would not have covered the loss)foregoing, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice Lender’s consent shall not be required in an emergency)connection with any alterations that will not have a material adverse effect on any Borrower’s financial condition, Landlord may make the repairs, and Tenant shall pay the reasonable cost value of the repairsapplicable Property or the Net Operating Income, together 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 connection with the Restoration of a Property after the occurrence of a Casualty or Condemnation in accordance with the terms and provisions of this Agreement. To the extent Lender’s prior written approval is required pursuant to this Section 5.1.22, Lender shall have fifteen (15) Business Days from receipt of written request and any and all reasonably required information and documentation relating thereto in which to approve or disapprove such request and such written request shall state thereon in bold letters of 14 point font or larger that action is required by Lender. If Lender fails to approve or disapprove the request within such fifteen (15) Business Days, Lender’s approval shall be deemed given. Should Lender fail to approve any such request, Lender shall give Borrowers written notice setting forth in reasonable administrative charge not detail the basis for such disapproval. In no event shall Lender require any “consent fee” as a condition to any required approval. If the total unpaid amounts due and payable with respect to alterations to the Improvements at any Property (other than such amounts to be paid or reimbursed by tenants under the Leases) shall at any time exceed the Alteration Threshold Amount, Borrowers shall promptly deliver to 10% Lender as security for the payment of such amounts and as additional security for Borrowers’ obligations under the Loan Documents any of the cost following: (A) cash, (B) U.S. Obligations, (C) other securities having a rating acceptable to Lender and that the applicable Rating Agencies have confirmed in writing will not, in and of itself, result in a downgrade, withdrawal or qualification of the repairsthen current ratings assigned to any Securities or any class thereof in connection with any Securitization, (D) a Letter of Credit, or (E) a completion and performance bond issued by an Approved Bank. Such security shall be in an amount equal to the excess of the total unpaid amounts with respect to alterations to the Improvements on the applicable Property (other than such amounts to be paid or reimbursed by tenants under the Leases) over the Alteration Threshold Amount and during the continuance of an Event of Default, Lender may apply such security from time to time at the option of Lender to pay for such alterations.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following Tenant shall not make any alterations, additions, or improvements to the Leased Premises without Landlord’s receipt prior written consent. Tenant shall promptly remove any alterations, additions, or improvements constructed in violation of a written request by Tenant given the availability of this paragraph upon Landlord’s employeeswritten request. All approved alterations, Landlord shalladditions, and improvements will be accomplished in a good and workmanlike manner, in conformity with all applicable laws and regulations, and by a contractor approved by Landlord. Tenant shall apply for and obtain all requisite approvals, consents or permits for such work, at Tenant’s sole cost and expense. Landlord may require Tenant to remove any alterations, perform additions or improvements (whether or not made with Landlord’s consent) at the following maintenance termination of this Lease and repair obligations of Tenant within to restore the Premises: repair and maintain the mechanical (including HVAC)Premises to its prior condition, electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on all at Tenant’s behalfexpense. All alterations, within 10 days of additions and improvements which Landlord has not required Tenant to remove shall become Landlord’s request therefore (which request property and shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay surrendered to Landlord upon the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms termination of this Lease, to the extent such insurance would not have covered the loss), except that Tenant shall reimburse Landlord for the cost may remove any of repairing Tenant’s furniture and equipment which can be removed without material damage to the Building Leased Premises. Tenant shall repair, at Tenant’s expense, any damage to the Leased Premises caused by the acts removal of Tenant, any such furniture or equipment. Tenant Related Parties shall keep the property free from any and their respective contractors and vendors. If Tenant fails to make any repairs all liens arising out of the work performed or materials furnished in making improvements to the Premises required Leased Premises, and if a lien shall be filed will post a bond or otherwise cause same to be removed within five (5) days of notice thereof. Tenant shall not have the right to encumber the Leased Premises, including any covenants and restrictions or liens of any kind whatsoever. Tenant shall strictly comply with the Construction Lien Law of the State of Florida. Tenant agrees to obtain and deliver to Landlord prior to the commencement of any work or alteration or the delivery of any materials, a written and unconditional waiver of contractors’ liens with respect to the Leased Premises, the Building and the parcel for all work, service or materials to be furnished at the request or for the benefit of Tenant by to the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairsPremises.

Appears in 2 contracts

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

Alterations. Within (a) Except as otherwise provided in this Lease, Lessee shall not demolish the Building or make any alterations, additions or improvements (collectively, “Alterations”) to the Building or the Premises without the prior written consent of Lessor (other than non-structural and/or emergency Alterations) which consent shall not be unreasonably withheld, conditioned or delayed and if Lessor does not respond to a reasonable time period following Landlord’s request for consent within thirty (30) days after receipt of a written request by Tenant given the availability of Landlord’s employeessuch request, Landlord shall, at Tenant’s sole cost and expense, perform the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay to Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses Lessor shall be deemed Additional Rent for purposes of this Lease). Subject to have consented to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord Alterations. Consent for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice non-structural Alterations shall not be required provided, (i) such non-structural Alterations shall not materially and adversely affect the structural soundness of the Premises or materially reduce the value of the Building or other improvements on the Premises, and (ii) the aggregate cost of all such additions, alterations or improvements does not exceed the sum of $100,000. Lessor hereby consents to the Contemplated Construction and Renovation Activities (as defined below) currently contemplated or initiated within one year of the date of this Lease. (b) Lessor hereby acknowledges and agrees that Lessee shall have no obligation to remove any of the equipment or machinery located in, on or under the Premises at the expiration or earlier termination of the Lease. Lessee shall have no obligation to restore the Premises, and any Alterations made by Lessee that are existing in an emergencythe Premises on the last day of the Term shall become the property of Lessor at the termination of the Lease. (c) Lessee shall, before making any Alterations, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Lessor. Lessee agrees to carry, and to cause Lessee’s contractors and sub-contractors to carry such workmen’s compensation insurance and general liability insurance with limits of at least $5,000,000 single limit for injury to any one person or injuries in any one occurrence and property damage of $1,000,000. In addition, Lessor, at its option, may in any case in which its consent is required pursuant to Section 4.5(a), Landlord require Lessee to furnish Lessor with copies of the applicable plans and specifications and any relevant contract between Lessee and any contractor. Lessor may make also require, at its option and as a condition precedent to giving any approval to an Alteration with a cost exceeding $1,000,000, (i) a performance bond and a labor and material payment bond, both in form and substance satisfactory to Lessor, given by an independent financially responsible corporate surety, to assure completion of the repairswork in accordance with the plans and specifications, free of liens, and Tenant shall pay the reasonable cost of the repairs(ii) evidence that each contractor has adequate workmen’s compensation insurance and general liability insurance as described above, together with a reasonable administrative charge certificate from the insurer to the effect that such insurance may not be canceled or substantially modified without at least thirty (30) days prior written notice to exceed to 10% of the cost of the repairsLessor.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following Excepting Tenant’s Upfit, Tenant shall make no alterations, additions, or improvements to the Premises without the prior written consent of Landlord’s receipt of a written , and any such request by Tenant given of Landlord to make any such alterations, additions or improvements shall in each case be accompanied by plans and specifications for such alterations, additions and improvements all in such detail as Landlord may reasonably required. Any alteration, addition or improvement to the availability Premises which results in any damage to the Premises or the alteration, addition or improvement to the Premises which results in any damage to the Premises or the Building including, but not limited to the floor, ceiling or outside walls shall be repaired by the Tenant at the termination of the Lease, or if sooner, upon the request by the Landlord. All alterations, additions and improvements (including, without limitation, all partitions, walls, railings, carpeting, and floor coverings) made by, for or at the direction of the Tenant, shall remain upon and be surrendered with the Premises as a part thereof at the expiration or earlier termination of this Lease. All contractors and subcontractors employed by Tenant for any such work shall be subject to Landlord’s employeesprior approval. Tenant shall comply with all applicable laws and obtain all licenses and permits required by any applicable authority before commencing construction. Any alarm or sprinkler system installed by Tenant must be compatible with any such system maintained by Landlord for the Building, Tenant and all contractors and subcontractors employed or engaged by Tenant shall comply with the Contractor Upfit and Insurance Procedures and Requirements prepared by Landlord shallfor the Building, at Tenant’s sole cost a copy of which will be provided to Tenant upon request All alterations, additions and expense, perform the following maintenance and repair obligations of improvements made by Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within to the Premises, lightingincluding without limitation, floor coveringthe initial alterations, affixed interior partitionsadditions and improvements made to the Premises, doors, stairs shall remain in the Premises and demising wallsshall not be removed therefore at any time. In Upon the event that Tenant so requests that Landlord perform expiration or any earlier termination of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses)this Lease, Tenant shall pay to promptly reimburse Landlord the amount for any expense or cost incurred by Landlord in connection with restoring the performance of such work on Premises to the condition in which the Premises were at the time Tenant shall have occupied the same, except for Tenant’s behalf (Upfit and the reimbursement of such costs for ordinary wear and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 belowtear, to the extent Landlord is not reimbursed by insurance proceeds (fire or other casualty and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Leasealterations, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties additions and their respective contractors and vendors. If Tenant fails to make any repairs improvements to the Premises required of consented to in writing by Landlord unless Landlord is entitled to and notifies Tenant by to remove the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairssame.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following Landlord’s receipt of a (a) Tenant shall not make any alterations, additions or improvements (collectively, "Alterations") in, on or to the Premises or any part thereof without the prior written request by Tenant given the availability consent of Landlord’s employees. Any Alterations, except for Tenant's movable furniture and equipment, shall immediately become Landlord's property and, at the end of the Term, shall remain on the Premises without compensation to Tenant; provided, however, that any such movable furniture and equipment, otherwise belonging to Tenant, but which shall remain on the Premises at the expiration or other termination of the Term shall also become the property of Landlord shallunless promptly removed by Tenant. In the event Landlord shall consent to the making of any Alterations by Tenant, the same shall be made by Tenant, at Tenant’s 's sole cost and expense, perform in accordance with plans and specifications previously approved by Landlord, and any contractor or person selected by Tenant to make Alterations must first be approved in writing by Landlord. Before any Alterations shall be commenced, Tenant shall furnish Landlord with workmen's compensation and public liability insurance and shall comply with all applicable laws, including but not limited to the following maintenance Mechanic's Lien Law of the State of Florida, ordinances, regulations, building codes, and shall obtain all required permits, inspections, and certificates as shall be required by all governmental agencies having jurisdiction thereof. Upon the expiration or sooner termination of the Term, Tenant shall upon demand by Landlord, at Tenant's sole cost and expense, remove any Alterations made by or for the account of Tenant, which Landlord shall designate for removal, and Tenant shall, at its sole cost and expense, repair obligations and restore the Premises to its original condition. Notwithstanding the aforementioned, Tenant will only be required to remove those Alterations not previously approved by Landlord. (b) Lessee shall not paint or install any signs in or on the Premises, on the exterior doors, plate glass or exterior walls of the Premises or the Building, without the prior written consent of Landlord. Such written consent shall be required as to the content of the sign, its size, material, format, the manner and method of its installation. Landlord reserves the right to require Tenant, at Tenant's sole expense, to modify, remove, replace or redesign its sign so as to harmonize the sign with the overall appearance and design now or hereafter existing in the Building. Landlord reserves the right to change the sign policies and design criteria with respect thereto at any time during this Lease and Tenant agrees to conform to such changes within fifteen (15) days of receipt of written notice from Landlord pertaining thereto. No furniture, doormats, or other objects shall be placed by Tenant in the corridors or elsewhere in or about the Building other than within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay to Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairs.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following Tenant shall be permitted to make, at its sole cost and expense, non-structural alterations and additions to the interior of the Premises without obtaining Landlord’s receipt 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 request by Tenant given the availability consent of Landlord’s employees, which consent shall not be unreasonably withheld so long as any such Alteration does not affect the Building systems, structural integrity or structural components of the Premises or Building. If any such Alteration is expressly permitted by Landlord, Tenant shall deliver at least ten (10) days prior written notice to Landlord, from the date Tenant commences construction, sufficient to enable Landlord shall, to post and record a Notice of Non-Responsibility. Tenant shall obtain all permits or other governmental approvals prior to commencing any work and deliver a copy of same to Landlord. All Alterations shall be (i) at Tenant’s sole cost and expenseexpense in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, perform the following maintenance and repair obligations of Tenant within the Premises: repair shall be installed by a licensed, insured (and maintain the mechanical bonded, at Landlord’s option) contractor (including HVAC)reasonably approved by Landlord) in compliance with all applicable Laws, electrical Development Documents, Recorded Matters, and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs Rules and demising walls. In the event that Tenant Regulations and (ii) performed in a good and workmanlike manner and so requests that Landlord perform as not to obstruct access to any portion of the foregoing work on Project or any business of Landlord or any other tenant. Landlord’s approval of any plans, specifications or working drawings for Tenant’s behalfAlterations shall neither create nor impose any responsibility or liability on the part of Landlord for their completeness, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses)design sufficiency, or compliance with any Laws. As Additional Rent, Tenant shall pay to Landlord the amount reimburse Landlord, within ten (10) days after demand, for actual and reasonable legal, engineering, architectural, planning and other expenses incurred by Landlord in connection with the performance of such work on Tenant’s behalf Alterations, plus Tenant shall pay to Landlord a fee equal to five percent (and 5%) of the reimbursement total cost of such costs and expenses shall be deemed Additional Rent for purposes of this Lease)the Alterations. Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss)If Tenant makes any Alterations, Tenant shall reimburse carry “Builder’s All Risk” insurance, in an amount approved by Landlord for the cost of repairing damage to the Building caused and such other insurance as Landlord may require. All such Alterations shall be insured by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms in accordance with Section 12 of this Lease for more than 15 days after notice immediately upon completion. Tenant shall keep the Premises and the Lot on which the Premises are situated free from Landlord any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of Tenant. Tenant shall, prior to commencing any Alterations, (although notice shall not be a) cause its contractor(s) and/or major subcontractor(s) to provide insurance as reasonably required in an emergency), Landlord may make the repairsby Landlord, and Tenant (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 pay the reasonable cost require to assure payment of the repairscosts thereof to protect Landlord and the Project from and against any mechanic’s, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairsmaterialmen’s or other liens.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following Landlord’s receipt of a (a) Tenant shall not make, or permit to be made, any alterations, additions or improvements (“Alterations”) to the Premises, or any part thereof, without the prior written request by Tenant given the availability consent of Landlord’s employees, Landlord shallwhich consent shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an Alteration to the Premises. Any Alterations to the Premises shall be at Tenant’s sole cost and expense, perform the following maintenance in compliance with all Applicable Laws, and repair obligations in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any Alterations, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of Tenant within the Premises: repair and maintain the mechanical such written consent. (including HVAC)b) All Alterations, electrical and plumbing systems within the Premisesincluding, but not limited to, heating, lighting, floor coveringelectrical, affixed interior partitionsair conditioning, doorsfire extinguishers, stairs lighting fixtures, ballasts, light globes, and demising walls. In the event tubes, hot water heaters, fixed partitioning, drapery, wall covering and paneling, built-in cabinet work and carpeting installations made by Tenant, together with all property that Tenant so requests that Landlord perform any has become an integral part of the foregoing work on Tenant’s behalfBuilding, within 10 days shall at once be and become the property of Landlord’s request therefore , and shall not be deemed trade fixtures, but are subject to removal as provided herein. (which request shall be accompanied by reasonable documentation of such costs and expenses), c) Tenant shall pay not be required to Landlord remove the amount incurred by Landlord in connection with Tenant Improvements from the performance of such work on Tenant’s behalf (and Premises at the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms expiration or sooner termination of this Lease, to the extent such insurance would not have covered the loss), nor shall Tenant shall reimburse be required to remove any Alterations from the Premises at the expiration or sooner termination of this Lease unless, with respect to any such Alterations, (i) Landlord for notified Tenant in writing at the cost time of repairing damage Landlord’s consent to any such Alterations that Tenant would be required to remove such Alterations from the Building caused by Premises at the acts expiration of Tenantthe Term, or (ii) Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs made such Alterations to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairswithout Landlord’s prior written consent where such consent is required.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following Landlord’s receipt of a written request by Tenant given the availability of Landlord’s employees, Landlord shall, at Tenant’s sole cost and expense, perform the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay make no changes in or to Landlord the amount incurred by Landlord in connection with the performance demised premises of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease)any nature without Owner's prior written consent. Subject to the terms prior written consent of Section 15 belowOwner, and to the extent Landlord is provisions of this article, Tenant at Tenant's expense, may make alterations, installations, additions or improvements which are non-structural and which do not reimbursed affect utility services or plumbing and electrical lines, in or to the interior of the demised premises by insurance proceeds using contractors or mechanics first approved by Owner. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and if Landlord fails shall deliver promptly duplicates of all such permits, approvals and certificates to Owner and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such ▇▇▇▇▇▇▇'▇ compensation, general liability, personal and property damage insurance expressly as Owner may require. If any mechanic's lien is filed against the demised premises, or the building of which the same forms a part, for work claimed to have been done for, or 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 Landlord 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 terms date fixed as the termination of this Leaselease, elects to relinquish Owner's right thereto and to have them removed by Tenant, in which event the same shall be removed from the premises by Tenant prior to the extent 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 insurance would not have covered from the loss)premises or upon removal of other installations as may be required by Owner, Tenant shall reimburse Landlord for immediately and at its expense, repair and restore the cost of repairing premises to the condition existing prior to installation and repair any damage to the Building caused demised premises or the building due to such removal. All property permitted or required to be removed, by Tenant at the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost end of the repairsterm remaining in the premises after Tenant's removal shall be deemed abandoned and may, together with a reasonable administrative charge not to exceed to 10% at the election of Owner, either be retained as Owner's property or may be removed from the cost of the repairspremises by Owner, at Tenant's expense.

Appears in 2 contracts

Sources: Office Lease (American Portfolios Holdings Inc), Office Lease (American Portfolios Holdings Inc)

Alterations. Within Subtenant shall not make any alterations, additions or other improvements to the Subleased Premises by or on behalf of Subtenant (but not including Subtenant’s moveable trade fixtures or moveable items of personal property) (“Alterations”) without Sublandlord’s prior written consent, which shall not be unreasonably withheld or delayed, and the approval of Master Landlord if required by the terms of the Master Lease. At the time Subtenant requests approval from Sublandlord or Master Landlord, Subtenant must obtain the prior written approval of Master Landlord and Subtenant to any contractors and vendors performing work in the Subleased Premises. Subtenant acknowledges that Master Landlord has a reasonable time period following Landlord’s pre-approved list of contractors and vendors from which Subtenant must select its contractor and vendors. Sublandlord shall consent or object to any proposed Alterations within three business days after receipt of all materials required by this Sublease and the Master Lease. If Sublandlord does not consent or object to Subtenant’s proposed Alterations within the three business day period provided above, Sublandlord’s consent will be deemed given. Sublandlord may withhold its approval of any proposed Alterations if Subtenant is in default of any of its obligations under this Sublease at the time Subtenant requests Sublandlord’s approval; provided, however, if Subtenant cures the default within the applicable notice and cure periods set forth in this Sublease, Sublandlord shall reconsider Subtenant’s request for approval. Any Alterations to which Sublandlord and Master Landlord (if required) consent must be constructed and installed in accordance with (i) all requirements contained in the Master Lease, and (ii) any reasonable requirements imposed by Sublandlord to protect Sublandlord’s interest in the Master Lease and/or in the Subleased Premises. All such alterations, additions and improvements consented to by Sublandlord and Master Landlord (if required) will be made using new, first class materials and in a written request good and workmanlike manner. Subtenant shall be obligated to diligently pursue the completion of all Alterations to the Subleased Premises. Any work that has not been completed in a timely manner may be completed by Tenant given the availability of Sublandlord or Master Landlord’s employees, Landlord shall, at Tenant’s the expense of Subtenant. Such expense will be collectible as Additional Rent and will be paid by Subtenant within 10 days after delivery of a statement for such expense. At its sole cost and expense, perform the following maintenance Subtenant shall coordinate all work with a project manager approved by Sublandlord (and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVACMaster Landlord, if required), electrical and plumbing systems within Sublandlord shall have the right to review all progress in connection with such work. Sublandlord hereby approves ▇▇▇▇▇ ▇▇▇▇ LaSalle as Subtenant’s project manager. Subtenant shall be solely responsible for any and all expenses additional costs charged by Master Landlord (whether billed directly to Sublandlord or Subtenant) arising out of the approval or installation of the Alterations pursuant to the Master Lease, including without limitation legal expenses, architectural and engineering expenses. Where possible, Subtenant shall coordinate payment of all additional costs directly with Master Landlord. Subtenant will indemnify and hold Sublandlord, Master Landlord, the Subleased Premises, the Premises, lightingand the Building free, floor coveringclear and harmless of and from all mechanics’ liens and claims of liens, affixed interior partitionsand all other liabilities, doorsliens, stairs claims and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work demands on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay to Landlord the amount incurred by Landlord in connection with the performance account of such work by or on Tenant’s behalf of Subtenant. Prior to the commencement of any work (including, but not limited to, any maintenance, repairs, alterations, additions, improvements or installations) in or to the Subleased Premises, by or for Subtenant, Subtenant will give Sublandlord written notice of the proposed work and the reimbursement names and addresses of persons supplying labor and materials for the proposed work. Sublandlord and/or Master Landlord will have the right to post notices of non-responsibility or similar written notices on the Subleased Premises and the Premises in order to protect the same against any such costs and expenses shall be deemed Additional Rent for purposes liens. Upon termination of this Lease). Subject Sublease, any Alterations to the terms of Section 15 belowSubleased Premises shall remain in the Subleased Premises, and Subtenant shall not have the right to remove such Alteration, unless requested to do so in writing by Sublandlord at such time as Sublandlord’s consent is received, or by Master Landlord to the extent Landlord permitted under the Master Lease; provided, however, Sublandlord shall not require Subtenant to remove any Alterations or restore the Subleased Premises unless such restorations or removal is not reimbursed by insurance proceeds (a requirement of Master Landlord. If Subtenant is required to remove any improvements, Subtenant shall, at its sole cost and if Landlord fails expense, restore the Subleased Premises to carry insurance expressly required of Landlord by their condition prior to this Sublease, and restore the Subleased Premises in accordance with all terms and conditions in the Master Lease. Subtenant’s obligations under this section shall survive expiration or earlier termination of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairsSublease.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following Tenant shall not make alterations and additions to Tenant’s Premises except in accordance with plans and specifications therefor first approved by Landlord, which approval shall not be unreasonably withheld. However, Landlord’s receipt determination of a written request matters relating to aesthetic issues relating to alterations, additions or improvements which are visible outside the Premises shall be in Landlord’s sole discretion. Without limiting such standard Landlord shall not be deemed unreasonable for withholding approval of any alterations or additions (including, without limitation, any alterations or additions to be performed by Tenant given the availability of under Article III) which (a) in Landlord’s employeesopinion might adversely affect any structural or exterior element of the Building, Landlord shall, at Tenant’s sole cost and expense, perform the following maintenance and repair obligations any area or element outside of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lightingor any facility or base building mechanical system serving any area of the Building outside of the Premises, floor coveringor (b) involve or affect the exterior design, affixed interior partitionssize, doorsheight, stairs or other exterior dimensions of the Building or (c) will require unusual expense to readapt the Premises to normal office use on Lease termination or expiration or increase the cost of construction or of insurance or taxes on the Building or of the services called for by Section 4.1 unless Tenant first gives assurance acceptable to Landlord for payment of such increased cost and demising wallsthat such readaptation will be made prior to such termination or expiration without expense to Landlord, (d) enlarge the Rentable Floor Area of the Premises, or (e) are inconsistent, in Landlord’s judgment, with alterations satisfying Landlord’s standards for new alterations in the Building. In Landlord’s review and approval of any such plans and specifications and consent to perform work described therein shall not be deemed an agreement by Landlord that such plans, specifications and work conform with applicable Legal Requirements and requirements of insurers of the event Building and the other requirements of this Lease with respect to Tenant’s insurance obligations (herein called “Insurance Requirements”) nor deemed a waiver of Tenant’s obligations under this Lease with respect to applicable Legal Requirements and Insurance Requirements nor impose any liability or obligation upon Landlord with respect to the completeness, design sufficiency or compliance of such plans, specifications and work with applicable Legal Requirements and Insurance Requirements nor give right to any other parties. Further, Tenant acknowledges that Tenant so requests is acting for its own benefit and account, and that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Tenant shall not be acting as Landlord’s request therefore agent in performing any work in the Premises, accordingly, no contractor, subcontractor or supplier shall have a right to lien Landlord’s interest in the Property in connection with any work. Within thirty (which request shall be accompanied by reasonable documentation 30) days after receipt of such costs and expenses)an invoice from Landlord, Tenant shall pay to Landlord as a fee for Landlord’s review of any work or plans (excluding any review respecting initial improvements performed pursuant to Article III hereof for which a fee has previously been paid but not including any review of plans or work relating to any assignment or subletting), as Additional Rent, an amount equal to the amount sum of (i) $150.00 per hour, plus (ii) third party expenses incurred by Landlord to review Tenant’s plans and Tenant’s work. Except for any additions or alterations which Tenant requests to remain in connection the Premises in Tenant’s notice seeking Landlord’s consent for the installation thereof (which notice shall specifically refer to this Section 5.12) and for which Landlord specifically agrees in writing may remain, all alterations and additions shall be part of the Building unless and until Landlord shall specify the same for removal pursuant to Section 5.2. All of Tenant’s alterations and additions and installation of furnishings shall be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not to damage the Buildings or Site or interfere with construction or operation of the Buildings and other improvements to the Site and, except for installation of furnishings, shall be performed by Landlord’s general contractor or by contractors or workers first approved by Landlord. Except for work by Landlord’s general contractor, Tenant, before its work is started, shall secure all licenses and permits necessary therefor; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and material to be furnished by them and security satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such labor and material; and cause each contractor to carry insurance in accordance with Section 8.14 herein and to deliver to Landlord certificates of all such insurance. Tenant shall also prepare and submit to Landlord a set of as-built plans, in both print and electronic forms, showing such work performed by Tenant to the Premises promptly after any such alterations, improvements or installations are substantially complete and promptly after any wiring or cabling for Tenant’s computer, telephone and other communications systems is installed by Tenant or Tenant’s contractor. Without limiting any of Tenant’s obligations hereunder, Tenant shall be responsible, as Additional Rent, for the costs of any alterations, additions or improvements in or to the Building that are required in order to comply with Legal Requirements as a result of any work performed by Tenant. Landlord shall have the right to provide such rules and regulations relative to the performance of any alterations, additions, improvements and installations by Tenant hereunder and Tenant shall abide by all such reasonable rules and regulations and shall cause all of its contractors to so abide including, without limitation, payment for the costs of using Building services. Tenant agrees to pay promptly when due the entire cost of any work done on the Premises by Tenant’s behalf (, its agents, employees, or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the reimbursement Premises or the Buildings or the Site and immediately to discharge any such liens which may so attach. Tenant shall pay, as Additional Rent, 100% of such costs any real estate taxes on the Complex which shall, at any time after commencement of the Term, result from any alteration, addition or improvement to the Premises made by Tenant. Tenant acknowledges and expenses agrees that Landlord shall be deemed Additional Rent for purposes the owner of this Lease). Subject to any additions, alterations and improvements in the terms of Section 15 below, Premises or the Building to the extent Landlord is not reimbursed paid for by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by Landlord. Notwithstanding the terms of this Lease, to the extent such insurance would not have covered the loss)Section 5.12, Tenant shall reimburse have the right, without obtaining the prior consent of Landlord for but upon prior notice to Landlord, to make alterations, additions or improvements to the Premises where: (i) the same are within the interior of the Premises within the Building, and do not affect the exterior of the Premises and the Building (including no signs on windows); (ii) the same do not affect the roof, any structural element of the Building, the mechanical, electrical, plumbing, heating, ventilating, air-conditioning and fire protection systems of the Building; (iii) the cost of repairing damage to any individual alteration, addition or improvement shall not exceed $30,000.00 and the Building caused aggregate cost of said alterations, additions or improvements made by Tenant during the acts of Tenant, Lease Term shall not exceed $120,000.00 in cost; (iv) Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to shall comply with the Premises required of Tenant by the terms provisions of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency)and if such work increases the cost of insurance or taxes or of services, Landlord may make the repairs, and Tenant shall pay for any such increase in cost; and provided, however, that Tenant shall, within fifteen (15) days after the making of such changes, send to Landlord plans and specifications describing the same in reasonable cost detail and provided further that Landlord, by notice to Tenant given at least thirty (30) days prior to the expiration or earlier termination of the repairsLease Term, together with a reasonable administrative charge not may require Tenant to exceed restore the Premises to 10% its condition prior to such alteration, addition or improvement at the expiration or earlier termination of the cost of the repairsLease Term.

Appears in 2 contracts

Sources: Lease Agreement (Flexion Therapeutics Inc), Lease Agreement (Flexion Therapeutics Inc)

Alterations. Within a reasonable time period following Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make, suffer or permit to be made any alterations, additions or improvements to or of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord’s 's written consent, which consent shall not be unreasonably withheld, conditioned or delayed by Landlord. Any such alterations, additions or improvements to the Demised Premises consented to by Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including construction coordination fees as set forth in EXHIBIT "D-1" if Landlord is coordinating the work or as set forth in EXHIBIT "D-2" if Tenant is coordinating the work), as Rent, within ten (10) days after receipt of a written request statement. This provision shall not apply to basic, non-material work within the Demised Premises, such as, by way of illustration but not limitation, picture hanging, furniture installation and the rearranging of offices within the Demised Premises, and Tenant given may cause such tasks to be performed without the availability prior consent of Landlord’s employees. All such alterations, additions and improvements shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord shallelects by notice to Tenant to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at Tenant’s its sole cost and expense, perform the following maintenance and repair obligations of Tenant within Demised Premises to its condition prior to the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation installation of such costs alterations, additions and expenses), Tenant shall pay to Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf improvements excepting only (i) reasonable wear and the reimbursement of such costs tear and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (ii) casualty damage and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairscondemnation.

Appears in 2 contracts

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

Alterations. Within a reasonable A. From time period following Landlord’s receipt of a written request by Tenant given the availability of Landlord’s employees, Landlord shall, at Tenant’s sole cost and expense, perform the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any to time after delivery of the foregoing work on Tenant’s behalfVessel into Charterer's service, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs Charterer may make structural and expenses), Tenant shall pay to Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject other alterations to the terms of Section 15 belowVessel, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Leaseits machinery, to the extent such insurance would not have covered the loss)or electrical equipment, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenantonly with Owner's prior written approval, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice which shall not be required unreasonably withheld, provided the alterations to the Vessel and its equipment are returned to their original state at or prior to the termination of this Charter and Redelivery of the Vessel to Owner. Owner, however, has the option to retain any alterations made by Charterer at a mutually agreed price. In addition, leased equipment may be placed on board the Vessel by Charterer. At the time of Redelivery, Owner has the right at Owner's expense to continue the lease for such equipment should the lease permit or may require Charterer to have such equipment removed. As to equipment otherwise placed aboard the Vessel by Charterer, Charterer shall have the right to remove same upon Redelivery, provided that if Owner desires to retain the equipment on board the Vessel, it may purchase the equipment at a price to be agreed upon at the time of Redelivery. Any additions or alterations permitted by this Article are subject to approval by the Vessel's classification society and, if required, the U. S. Coast Guard. Notwithstanding anything to the contrary contained in an emergencythis Charter, Charterer shall not have the right to remove any gaming equipment other than in accordance with that certain Master Lease Agreement (Palm Beach Princess and Empress II Gaming Equipment), Landlord may make the repairsdated as of July 6, 2004, between PDS Gaming Corporation, as Lessor, and Tenant Charterer and ITGV ("Master Lease"), as lessee, without the prior written approval of PDS Gaming Corporation and Owner. B. Charterer's house colors are currently painted on the Vessel, and the Vessel shall continue to be so painted during the term of this Charter. Charterer shall have the right to rename the Vessel, and shall pay for all associated costs therefor. Prior to Redelivery, Charterer shall rename the Vessel at its expense in accordance with Owner's reasonable cost instructions. However, Owner shall in no event have the right to the use of Charterer's trademark following Redelivery. C. The Vessel shall be kept painted and metal surfaces preserved at all times, and Charterer shall maintain the repairsVessel in as good a condition as delivered, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairsnormal wear and tear excepted.

Appears in 2 contracts

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

Alterations. Within Tenant shall not make or suffer to be made any alterations, additions, or improvements to or of the Premises or any part thereof without Landlord’s prior written consent, which Landlord may withhold in its sole discretion, except that Landlord’s consent shall not be required for non-structural alterations costing less than fifty thousand dollars ($50,000.00) that are not visible from the exterior of the Premises. All alterations, additions, and improvements to the Premises, including but not limited to floor coverings, wall coverings, window coverings, paneling, and built-in cabinet work, but excluding movable furniture, trade fixtures, and other unattached personal property, shall on the expiration of the Term become a reasonable time period following part of the realty and belong to Landlord, and shall be surrendered with the Premises whether or not installed with Landlord’s consent. Notwithstanding the foregoing, Tenant shall, at its sole cost and expense, remove any alterations, additions, or improvements designated for removal by Landlord upon written notice given to Tenant within thirty (30) days after the termination of this Agreement. If Tenant receives any such designation at least ten (10) days before the termination of this Agreement, the removal shall be completed prior to termination. Otherwise the removal shall be completed within ten (10) days after Tenant’s receipt of a written request by Tenant given the availability of Landlord’s employeesdesignation. Tenant shall repair any damage to the Premises caused in connection with the removal of any items pursuant to this Article and restore all damaged areas to a condition consistent with the surrounding finish. Landlord’s consent to any alterations, Landlord shalladditions, or improvements, when given, shall be deemed to be conditioned upon Tenant acquiring any governmental approvals or permits which may be required, all at Tenant’s sole cost and expense. All alterations, perform the following maintenance additions, and repair obligations of improvements shall be made by Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on at Tenant’s behalf, within 10 days of sole cost and expense by licensed contractors and in compliance with all laws and regulations. If requested by Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay provide a Payment and Performance Bond for Landlord Approved Construction over One Hundred Thousand Dollars ($100,000). Each contractor must first be approved in writing by Landlord. Tenant shall cause its contractors to submit to Landlord prior to entering the amount incurred by Landlord in connection with Premises certificates and endorsements evidencing liability insurance meeting the performance of such work on requirements for Tenant’s behalf (commercial generally liability policy set forth in Article 10 hereof and the reimbursement of such costs workers compensation and expenses employer’s liability coverage as required by law. Each commercial general liability policy shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 belowname as additional insureds Landlord, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairsLandlord’s property manager, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairsLandlord’s Mortgagees.

Appears in 2 contracts

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

Alterations. Within Tenant shall make no changes in or to demised premises of any nature without Owner's prior written consent. Subject to prior written consent of Owner and to the provisions of this articles, Tenant at Tenant's expense, may make alterations, installations, additions or improvement which are nonstructural and which do not affect utility services or plumbing and electrical lines, in or to the interior of demised premises by using contractors or mechanics first approved by Owner. Tenant shall, before making any alterations, installations, additions or improvement, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such ▇▇▇▇▇▇▇'▇ compensation, general liability, personal and property damage insurance as Owner may require. If any mechanic's lien is filed against the demised premises, or the building of which the same forms a reasonable time period following Landlord’s receipt of a written request part, for work claimed to have done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant given the availability of Landlord’s employees, Landlord shallwithin ten days thereafter, at Tenant’s sole cost and 's expense, perform bu filling the following maintenance bond required by law. All fixtures and all paneling, partitions, railing and installations, installed in the premises at any times, either by Tenant or by Owner in Tenant's behalf, shall, upon installations, become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later then twenty days prior to the date fixed as the termination of this lease, elects to relinquish Owner's rights thereto and to have them removed by Tenant, in which event, the same shall be removed from the premises by Tenant prior to the expirations of the lease, at Tenant's expense. Nothing in this article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveables office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be requires by Owner. Tenant shall immediately and at its expense, repair and restore the premises to the condition existing prior ro installation and repair obligations of any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Tenant within at the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any end of the foregoing work on term remaining in the premises after Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay to Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses 's removal shall be deemed Additional Rent for purposes abandoned and may, at the election of this Lease). Subject to Owner, either be retained as Owner's property or may be removed from the terms of Section 15 below, to the extent Landlord is not reimbursed premises by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Owner at Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairs's expense.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following Landlord’s receipt The Tenant will take into consideration any impact on the Environmental Performance of a written request by Tenant given the availability of Landlord’s employees, Landlord shall, Premises from any proposed works to or at Tenant’s sole cost and expense, perform the Premises. This Schedule 7 uses the following maintenance and repair obligations of Tenant within definitions: “Approved Underlease” an underlease approved by the Premises: repair and maintain Landlord and, subject to any variations agreed by the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay to Landlord the amount incurred by Landlord in connection with its absolute discretion: granted without any premium being received by the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to ; reserving a market rent, taking into account the terms of Section 15 belowthe underletting; [for a term of not less than [NUMBER] years calculated from the date on which the underlease is completed;] lawfully excluded from the security of tenure provisions of the 1954 Act [if it creates an underletting of a Permitted Part]; containing provisions: requiring the Undertenant to pay as additional rent the whole or, to in the extent Landlord is not reimbursed by insurance proceeds (case of an Underlease of a Permitted Part, a due proportion, of the Insurance Rent and if Landlord fails to carry insurance expressly required of Landlord other sums, excluding the Main Rent, payable by the terms of Tenant under this Lease; for rent review at [five yearly] intervals and otherwise on the same terms as in Schedule 2; and85 for change of use and alterations corresponding to those in this Lease; in the case of an Underlease of a Permitted Part, containing provisions requiring the Undertenant to pay by way of a yearly service charge as additional rent a fair and reasonable proportion of the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused costs incurred by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs in providing all services to the Premises required that would be usual on an underletting of part, including the payment of quarterly advance payments and a balancing payment at the end of each service charge year; containing a covenant by the Undertenant not to assign the whole of the Underlet Premises without the prior written consent86 of the Landlord and the Tenant on terms corresponding to those in this Lease and a covenant not to assign part only of the Underlet Premises; [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole or any part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole of the Underlet Premises without the prior written consent of the Landlord and the Tenant and a covenant by the Undertenant not to create any Sub-Underlease of any part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole or any part of the Underlet Premises without the prior written consent of the Landlord and the Tenant];87 [containing provisions requiring any Sub-Underlease to contain: a valid agreement to exclude the security of tenure provisions of the 1954 Act; obligations by the Sub-Undertenant not to assign the whole of the Sub-Underlet Premises without the prior written consent of the Landlord, the Tenant and the Undertenant and not to assign part of the Sub-Underlet Premises; an absolute prohibition on the creation of further underleases of whole or part [except where the Sub-Underlease is of the whole of the Premises when the Sub-Underlease may contain provisions permitting the creation of one further underlease of whole with the prior consent of the Landlord, the Tenant and the Undertenant but with the additional provision that no underleases of whole or part will be created out of that further underlease];] if the Underlease is excluded from the security of tenure provisions of the 1954 Act, containing any other provisions that are reasonable in the context of the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make and the repairs, and Tenant shall pay the reasonable cost nature of the repairs, together with a reasonable administrative charge proposed Underlease; and if the Underlease is not to exceed to 10% excluded from the security of tenure provisions of the cost 1954 Act, containing other provisions corresponding with those in this Lease; “Approved Undertenant”88 a person approved by the Landlord and who has entered into a direct deed with the Landlord agreeing: to comply with the terms of the repairs.Approved Underlease; and to procure that any proposed assignee of the Underlet Premises enters into a direct deed in the same terms as set out in this definition of Approved Undertenant; [“Permitted Part” any part of the Premises that the Landlord approves; any of the following: a whole floor of the Premises; [or] two or more adjoining whole floors of the Premises; [or] [part of a floor of the Premises [if underlet with an adjoining whole floor]] in each case having independent means of access, for general access and for servicing, from the public highway or from those parts of the Premises approved by the Landlord as common parts for the use and enjoyment of the Tenant and any permitted undertenants of the Underlet Premises;] “Sub-Underlease” any sub-underlease created out of an Underlease; “Sub-Undertenant” any tenant under a Sub-Underlease;

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement

Alterations. Within 3. Tenant shall make no changes in or to demised premises of any nature without Owner's prior written consent. Subject to prior written consent of Owner and to the provisions of this articles, Tenant at Tenant's expense, may make alterations, installations, additions or improvement which are nonstructural and which do not affect utility services or plumbing and electrical lines, in or to the interior of demised premises by using contractors or mechanics first approved by Owner. Tenant shall, before making any alterations, installations, additions or improvement, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such ▇▇▇▇▇▇▇'▇ compensation, general liability, personal and property damage insurance as Owner may require. If any mechanic's lien is filed against the demised premises, or the building of which the same forms a reasonable time period following Landlord’s receipt of a written request part, for work claimed to have done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant given the availability of Landlord’s employees, Landlord shallwithin ten days thereafter, at Tenant’s sole cost and 's expense, perform bu filling the following maintenance bond required by law. All fixtures and all paneling, partitions, railing and installations, installed in the premises at any times, either by Tenant or by Owner in Tenant's behalf, shall, upon installations, become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later then twenty days prior to the date fixed as the termination of this lease, elects to relinquish Owner's rights thereto and to have them removed by Tenant, in which event, the same shall be removed from the premises by Tenant prior to the expirations of the lease, at Tenant's expense. Nothing in this article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveables office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be requires by Owner. Tenant shall immediately and at its expense, repair and restore the premises to the condition existing prior ro installation and repair obligations of any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Tenant within at the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any end of the foregoing work on term remaining in the premises after Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay to Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses 's removal shall be deemed Additional Rent for purposes abandoned and may, at the election of this Lease). Subject to Owner, either be retained as Owner's property or may be removed from the terms of Section 15 below, to the extent Landlord is not reimbursed premises by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Owner at Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairs's expense.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following Other than the Tenant Improvements, Tenant shall make no further alterations, additions or improvements (sometimes referred to in this Paragraph collectively as “Alterations”) to the Premises without Landlord’s receipt of 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 extent that any alterations, additions or improvements to the Premises constitute “Major Alterations” (as defined below), Landlord may withhold its consent in Landlord’s sole and absolute discretion; otherwise, Landlord’s consent to any alterations, additions or improvements to the Premises other than Major Alterations shall not be unreasonably withheld, conditioned or delayed. As used herein, “Major Alterations” shall mean any alterations, additions or improvements (i) which are visible from outside the Premises 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 notify Landlord in writing at least fifteen (15) days prior 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, additions or improvements shall comply with 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 approved by Landlord, and all conditions to Landlord’s approval. Tenant shall cause its contractors and subcontractors to maintain insurance reasonably acceptable to Landlord. Upon termination of this Lease, any alterations, additions and improvements (including without limitation all electrical, lighting, plumbing, heating and air-conditioning equipment, doors, windows, partitions, drapery, carpeting, shelving, counters, and physically attached fixtures) made by Tenant given shall at once become part of the availability realty and belong to Landlord unless the terms of Landlord’s employeesthe applicable consent provide otherwise, or unless at the time of the applicable consent Landlord shallrequests that part or all of the additions, alterations or improvements be removed. In such case, Tenant, at Tenant’s its sole cost and expense, perform shall promptly remove the following maintenance specified additions, alterations or improvements and repair obligations of Tenant within the Premises: shall fully repair and maintain restore the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any relevant portion(s) of the Premises to the condition in which Tenant is otherwise required to surrender the Premises under Paragraph 17.1. Notwithstanding the foregoing work on Tenant’s behalfor anything in this Lease to the contrary, within 10 days of with respect to the Tenant Improvements and subsequent Alterations (unless Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expensesapplicable consent provides otherwise), Tenant shall pay only be required to Landlord 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 amount incurred by Landlord in connection with applicable portions of the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes Premises to their original condition upon termination of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairs.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following Landlord’s receipt Tenant shall make no alterations, additions or improvements (collectively and individually, “Alterations”) to the Premises (including the roof of a the Building) without the prior written request by Tenant given the availability consent of Landlord’s employees, Landlord shall, at Tenant’s sole cost and expense, perform the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses)all cases, Tenant shall pay provide Landlord with written notice prior to Landlord the amount incurred performing any Alteration. Landlord’s consent may be granted or withheld by Landlord in connection with the performance its reasonable discretion. Landlord shall respond to Tenant’s request to make Alterations within thirty (30) days after receipt of such work on Tenantrequest, as long as the request includes reasonably detailed plans and specifications (as described below) and Landlord’s behalf (and the reimbursement of failure to object to any proposed Alterations within such costs and expenses time period shall be deemed Additional Rent for purposes approval of this Lease)such Alterations. Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord obtain all required permits for the cost of repairing damage 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 the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendorsLandlord. If Tenant fails to make any repairs All Alterations affixed to the Premises (excluding trade fixtures) shall become the property of Landlord 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 Alterations performed pursuant to this Section 7.3 by either Tenant by or the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairsServices Company, and Tenant shall pay Landlord as compensation for its efforts a non-refundable management fee in the reasonable cost amount of the repairs, together with a reasonable administrative charge not to exceed to 10% fifteen percent (15%) of the cost of the repairsand expense incurred by Tenant and/or Services Company in connection with such Alterations no later than ten (10) days after written demand thereof.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following Tenant shall not make or permit to be made any alte▇▇▇▇▇ns, additions, modifications or improvements to the Premises (including without limitation painting and carpeting) without the prior written consent of Landlord, which consent will not be unreasonably withheld, provided that such alterations, additions, modifications or improvements are not structural or involve Building systems in which case Landlord’s receipt consent may be withheld in Landlord’s sole discretion. If Tenant desires to make any such alterations, additions, modifications or improvements, a duplicate set of a written plans for the same shall first be submitted to and approved by Landlord and Landlord shall have the right to request reasonable revisions and corrections to the plans, all of which corrections and revisions shall be incorporated by Tenant given (with revised duplicate sets delivered to Landlord). All such work shall be done by Tenant, at its own expense, and Tenant agrees that all such work shall be done in a good and workmanlike manner (Landlord having the availability right to approve all contractors, all of whom shall be bonded and properly licensed) in accordance with the approved plans therefor and all applicable Requirements, that the structural integrity of the Building 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. 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 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 or encumbrance on Landlord’s employeesinterest in the Property or any part thereof, shall keep the title to the Property and every part thereof free and clear of any lien or encumbrance with respect to such work and shall indemnify and hold harmless Landlord shallagainst any claim, loss, lien, cost, demand or legal or other expense, whether in 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, perform the following maintenance expense and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay to Landlord the amount incurred by Landlord in connection with the performance entire cost of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendorsremoval. If Tenant fails to make any repairs to remove such property and restore the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency)as aforesaid, Landlord may make the repairs, do so and Tenant shall pay the reasonable 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 alterations, additions, modifications and improvements, including without limitation, any described in Article 2 hereof, Tenant shall be responsible for and pay any construction management fee charged by the property manager, provided the fee does not exceed ten percent (10%) of the repairssum of hard costs, together soft costs and permit fees of any such installation of alterations, additions, modifications or improvements; provided, however, that the construction management fee shall not exceed five percent (5%) with a reasonable administrative charge not respect to exceed to 10% of the cost of the repairsinitial Tenant Improvements described in Section 2.4.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following 17.1 Tenant shall make no alterations, additions or improvements (hereinafter in this article, “Improvements”) in or to the Premises without Landlord’s receipt prior written consent, which shall not be unreasonably withheld; provided, however, it shall not be unreasonable for Landlord to withhold consent if the proposed Improvements would in the opinion of a written request by Landlord adversely affect the use of the Premises for generic laboratory-based research and development space as part of an integrated Building plan after the expiration or earlier termination of this Lease. Tenant given shall deliver to Landlord final plans and specifications and working drawings for the availability Improvements to Landlord, and Landlord shall have ten (10) days thereafter to grant or withhold its consent. If Landlord does not notify Tenant of Landlord’s employeesits decision within the ten (10) days, Landlord shall, at Tenant’s sole cost and expense, perform the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses)deemed to have given its approval. 17.2 If a permit is required to construct the Improvements, Tenant shall pay deliver a completed, signed-off inspection card to Landlord within ten (10) days of completion of the amount incurred Improvements, and shall promptly thereafter obtain and record a notice of completion and deliver a copy thereof to Landlord. 17.3 The Improvements shall be constructed only by licensed contractors or mechanics. Tenant shall use only those contractors listed on Exhibit H for the trades listed thereon; all other contractors shall be approved by Landlord, which approval shall not be unreasonably withheld or delayed. Any such contractor must have in force a general liability insurance policy of not less than $2,000,000 or such higher limits as Landlord in connection may reasonably require, which policy of insurance shall name Landlord as an additional insured. Tenant shall provide Landlord with a copy of the contract with the performance contractor or mechanic prior to the commencement of any construction requiring Landlord’s consent. 17.4 Tenant agrees that any work by Tenant shall be accomplished in such a manner as to permit any fire sprinkler system and fire water supply lines to remain fully operable at all times except when minimally necessary for building reconfiguration work. 17.5 Tenant covenants and agrees that all work done by Tenant shall be performed in full compliance with all laws, rules, orders, ordinances, directions, regulations, permits, approvals, and requirements of all governmental agencies, offices, departments, bureaus and boards having jurisdiction, and in full compliance with the rules, orders, directions, regulations, and requirements of any applicable fire rating bureau. Tenant shall provide Landlord with “as-built” plans showing any material change in the Premises within thirty (30) days after completion. 17.6 Before commencing any work, Tenant shall give Landlord at least five (5) days’ prior written notice of the proposed commencement of such work work. 17.7 At the time Landlord consents to the Improvements pursuant to Section 17.1, Landlord shall identify those Improvements which Tenant shall be required to remove upon the expiration or earlier termination of the Lease, and Landlord and Tenant shall mutually identify those Improvements which Tenant may remove upon the expiration or earlier termination of this Lease. Landlord and Tenant shall list any such Improvements on TenantSchedule 1 attached hereto, designating those which Tenant shall be required to remove and those which Tenant may remove. With respect to those Improvements not so identified, Landlord and Tenant acknowledge and agree that Landlord’s behalf (approval of the final plans and specifications and working drawings for the reimbursement of such costs and expenses Improvements pursuant to Section 17.1 shall be deemed Additional Rent for purposes of this Lease). Subject to Landlord’s and Tenant’s agreement that those Improvements not so identified shall become the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required property of Landlord by upon the terms expiration or earlier termination of this Lease, and shall remain upon and be surrendered with the Premises as a part thereof. Those Improvements identified as Improvements which Tenant may remove are included within the term “Tenant’s Removable Property” defined in Section 30.3. Notwithstanding the provisions of Section 30.3, Tenant shall, at Landlord’s election, upon the expiration or earlier termination of this Lease, remove the Improvements which are identified as Improvements which Tenant shall be required to remove, and restore and return the Premises to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused condition they were in when first occupied by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairs.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following After the Commencement Date, Tenant shall not make any Alterations in, on or about the Premises without Landlord’s receipt prior written consent, which consent shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Landlord’s consent shall not be required for any nonstructural Alterations to the Premises which do not affect the electrical, plumbing, HVAC or mechanical systems of the Building and do not exceed Ten Thousand and no/100ths Dollars ($10,000.00) in cost so long as Tenant provides Landlord with prior notice of any such Alterations. Notwithstanding the foregoing, Tenant shall not, without the prior written consent of Landlord, make any Alterations to the exterior of the Building or the Outside Area; Alterations to and penetrations of the roof of the Building; or Alterations visible from outside the Building, to all of which Landlord may withhold Landlord’s consent on wholly aesthetic grounds. All Alterations shall be constructed and/or installed (i) by Landlord’s contractor or a written request contractor reasonably approved by Landlord; provided, however, that if Tenant selects, and Landlord approves, a contractor other than Landlord’s contractor, then Landlord shall enter into the contract for such Alterations with such contractor; (ii) at Tenant’s sole expense, (iii) in compliance with all applicable Laws and permit requirements, (iv) pursuant to plans and specifications approved by Landlord if Landlord’s consent is required for such Alterations, and (v) in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date. All Alterations made by Tenant given shall be and become the availability property of Landlord upon installation and shall not be deemed Tenant’s Personal Property; provided, however, that Landlord may, at Landlord’s employeesoption, Landlord shallrequire Tenant to remove, at Tenant’s sole cost and expense, perform any or all Alterations installed by Tenant from the following maintenance and repair obligations Premises at the expiration or sooner termination of this Lease. If ▇▇▇▇▇▇▇▇’s consent is required for any Alterations, then Landlord shall notify Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s election at the time that ▇▇▇▇▇▇▇▇’s consent is granted for such Alterations. If, however, ▇▇▇▇▇▇▇▇’s consent is not required for such Alterations, Landlord shall notify Tenant of Landlord’s election within ten (10) business days after ▇▇▇▇▇▇’s request therefore (which request shall be accompanied for such determination by reasonable documentation of such costs and expenses)Landlord. If Tenant removes any Alterations as required or permitted herein, Tenant shall pay to Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (repair any and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject all damage to the terms Premises caused by such removal and return the Premises to their condition as of Section 15 belowthe Commencement Date, normal wear and tear, casualty, condemnation, and repairs that are not ▇▇▇▇▇▇’s responsibility hereunder excepted and subject to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required provisions of Landlord by the terms Paragraph 22. Notwithstanding any other provision of this Lease, Tenant shall be solely responsible for the maintenance and repair of any Alterations made by it to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairsPremises.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following Tenant shall not make any Alterations without obtaining Landlord’s receipt prior written consent, except that Tenant may make interior, non-structural Alterations without such consent upon at least fifteen (15) days’ prior notice to Landlord, provided that the cost thereof does not exceed an aggregate amount of a written request by Tenant given the availability of Fifty Thousand and 00/100 Dollars ($50,000.00) annually. Any Alterations requiring Landlord’s employeesconsent 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 permits and the plans and specifications at least fifteen (15) days 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 Alterations, Tenant shall, at Tenant’s sole cost and expense, perform promptly upon completion, furnish Landlord with a reproducible copy of as-built drawings and specifications for any Alterations. Any Tenant Work for any Alterations shall be done at Tenant’s sole cost and expense in accordance with all Laws and in a good and workmanlike manner. Landlord shall cooperate at no out of pocket cost to Landlord in securing any necessary permits and approvals with respect to the following maintenance Alterations. All Alterations which may be made on the Premises shall, at the expiration or termination of the Term, become the property of Landlord and repair obligations of Tenant within remain upon and be surrendered with the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay to Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost its reasonable, actual out-of-pocket costs incurred in connection with its review of repairing damage plans, specifications and other materials for any Alterations made by Tenant within ten (10) days of Tenant’s receipt of an invoice for such costs from Landlord. Notwithstanding anything to the Building caused contrary in the Lease, in no event shall Landlord take possession, custody or control of any regulated property or assets of Tenant that would require Landlord to be authorized to do so under the Act, unless Landlord is actually authorized to do so or, in the alternative, so appoints a third party designee or assignee (actually authorized and so confirmed by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails Regulator) to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairsenforce such rights hereunder.

Appears in 2 contracts

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

Alterations. Within Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", and except for Permitted Changes, Tenant shall not make, suffer or permit to be made any alterations, additions or improvements to or of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Without Landlord's prior consent, Tenant shall be entitled to make nonstructural alterations and additions which (i) do not adversely affect the plumbing, heating, air conditioning, ventilation, electrical, mechanical and life safety systems of the Demised Premises and the Building (ii) do not materially reduce the overall quality of the leasehold improvements in the Demised Premises below the average level of quality typically found in first-class office buildings in the Buckhead area of Atlanta, Georgia (iii) are not visible from the exterior of the Building (due to unusual lighting of such alterations or additions in close proximity to the Building's exterior windows), and (iv) do not involve a Non-Standard Alteration ("Permitted Changes"). Other than the Permitted Changes, Tenant shall make no alterations in, or additions to, the Demised Premises without first obtaining, in writing, Landlord's consent for such alterations or additions, which consent shall not be unreasonably withheld or conditioned. Any such alterations, additions or improvements to the Demised Premises consented to by Landlord, except for Permitted Changes shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable time period following charge for Landlord’s 's overhead), as Rent, within twenty (20) days after receipt of a written request statement. All such alterations, additions and improvements shall become Landlord's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by Tenant given the availability of Landlord’s employeesnotice to Tenant, Landlord shallto be given, if at all, at Tenant’s the time Landlord consents to such alterations, additions and improvements, to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, perform the following maintenance and repair obligations of Tenant within Demised Premises to its condition prior to the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation installation of such costs alterations, additions and expenses)improvements, Tenant shall pay to Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (normal wear and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairstear excepted.

Appears in 2 contracts

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

Alterations. Within (a) The Landlord shall have the right to perform all Premises Work (as hereinafter defined) reasonably requested by Tenant, at Tenant’s expense under the conditions as defined in Section 12d below, during the Term of the Lease. Tenant understands and agrees that any work requiring a reasonable time period following building permit will necessitate preparation of drawings and Tenant agrees to pay for same, including the cost of the building permit. The Landlord shall charge Tenant a fee equal to ten percent (10%) of the total cost of alterations in the event it elects to perform said work. In the event that Landlord does not elect to perform said Premises Work, then Tenant shall obtain Landlord’s receipt of a prior written request consent, which consent shall not be unreasonably withheld or delayed, prior to performing any Premises Work and shall use contractors that are reasonably acceptable to Landlord. Tenant shall provide such drawings, plans and specifications as are requested by Tenant given the availability of Landlord’s employeesLandlord in reviewing any such proposed improvements. If Landlord consents to such Premises Work, Landlord shall, it shall be made at Tenant’s sole cost and expenseexpense and at such time and in such manner so as to not unreasonably interfere with the use and enjoyment of the Building by any other tenant. Tenant shall not make any alteration, perform the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within addition or improvement to the Premises, lightingwhether structural or nonstructural, floor coveringwithout Landlord’s prior written consent, affixed interior partitionswhich shall not be unreasonably withheld or delayed. Tenant shall provide such drawings, doorsplans and specifications as are requested by Landlord in reviewing any such proposed improvements. If Landlord consents to any such proposed alteration, stairs addition or improvement, it shall be made at Tenant’s sole cost and demising wallsexpense and at such time and in such manner as to not unreasonably interfere with the use and enjoyment of the remainder of the Premises by any other tenant or other person. Landlord may, as a condition of granting its consent or approval hereunder, require Tenant to post such payment and performance bonds as Landlord deems reasonable to protect Landlord, any Mortgagee, and the Premises. In making any alteration, addition or improvement to the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses)Premises, Tenant shall pay use materials equal or exceeding in quality and kind the original construction, as certified by the architect who designed the Premises or by such other architect as is designated by Landlord. All such alterations, additions and improvements shall be performed (a) in a good and workmanlike manner; (b) in accordance with all applicable laws and regulations, including but not limited to Landlord the amount incurred ADA (Americans with Disabilities Act); (c) in accordance with all applicable insurance requirements and requirements of any Mortgagee; and (d) in accordance with the drawings, plans and specifications approved by Landlord in connection Landlord. All work performed by Tenant shall be subject to Landlord’s inspection and approval to determine whether it complies with the requirements of this Lease. Prior to the commencement of any such work by Tenant, Tenant shall obtain all necessary endorsements to the insurance required by Section 22 hereof to be sure the same covers the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease)work. Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss)Furthermore, Tenant shall reimburse defend, indemnify and hold harmless Landlord for from and against any and all damages, losses or liability arising from such alterations or improvements or the cost construction thereof by Tenant, its agents, servants, invitees and employees other than Landlord. For purposes hereof, the term “Premises Work” shall mean the following: any construction, repair, refurbishment or restoration, including without limitation, tenant improvements, build-out, alterations, additions, improvements, renovations, repairs, remodeling, painting and installations of repairing damage fixtures, mechanical, electrical, plumbing, data, security, telecommunications, low voltage or elevator equipment or systems or other equipment, or with respect to any other construction work in or to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairsDemised Premises.

Appears in 2 contracts

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

Alterations. Within a reasonable time period following Landlord’s receipt of a written request by Tenant given the availability of Landlord’s employees, Landlord shall, at Tenant’s sole cost and expense, perform the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical Except for Permitted Alterations (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expensesas defined below), Tenant shall pay not permit alterations in or to Landlord the amount incurred Leased Premises unless and until the plans have been approved by Landlord in connection with the performance writing, which approval shall not be unreasonably withheld, conditioned or delayed. As a condition of such work on Tenant’s behalf (approval, Landlord may require Tenant to remove the alterations and restore the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes Leased Premises upon termination of this Lease); otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Subject 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 terms Leased Premises, and nothing in this Lease shall be construed to constitute a consent by Landlord to the creation of Section 15 belowany 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 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 Landlord is required, make any alterations, improvements or additions to the Leased Premises ("Permitted Alterations"), so long as they (i) do not reimbursed by insurance proceeds 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 Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, and to the extent such insurance would the alteration is of a type not have covered customary for first-class office buildings, restore the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost affected portion of the repairs, together with a reasonable administrative charge not Leased Premises to exceed its condition prior to 10% of the cost of the repairssuch modification.

Appears in 2 contracts

Sources: Office Lease Agreement (KMC Telecom Holdings Inc), Office Lease Agreement (KMC Telecom Holdings Inc)

Alterations. Within a reasonable time period following Tenant shall be permitted to make, at its sole cost and expense, non-structural alterations and additions to the interior of the Premises without obtaining Landlord’s receipt prior written consent provided the cost of same does not exceed Seventy-Five Thousand Dollars ($75,000.00) per project and does not exceed a total of Three Hundred Thousand Dollars ($300,000.00) in any twenty-four (24) month period (the “Permitted Improvements”). Notwithstanding Landlord’s consent may not be required, Tenant shall notify Landlord in writing at least ten (10) days in advance of such alterations or additions comprising the Permitted Improvements so that Landlord may post a Notice of Non-Responsibility on the Premises. Except for the Permitted Improvements, Tenant shall not install any signs, fixtures, improvements, nor make or permit any other alterations or additions (collectively, with the Permitted Improvements, “Alteration(s)”), to the Premises without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed so long as the proposed Alterations do not affect the structural or exterior portions of a written request Building. If any such Alteration is expressly permitted by Landlord, Tenant given shall deliver at least ten (10) days’ prior notice to Landlord, from the availability date Tenant intends to commence construction, sufficient to enable Landlord to post a Notice of Non-Responsibility. In all events, Tenant shall obtain all permits or other governmental approvals and all Private Restriction approvals prior to commencing any of such work and deliver a copy of same to Landlord’s employees, Landlord shall, . All Alterations shall be at Tenant’s sole cost and expense, perform and shall be installed by a licensed contractor (reasonably approved by Landlord) in compliance with all applicable Laws (including, but not limited to, the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVACADA), electrical Private Restrictions and plumbing systems within Rules and Regulations. Tenant shall keep the Premises, lightingand the property on which the Premises are situated and the Project free from any liens arising out of any work performed, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay to Landlord the amount materials furnished or obligations incurred by Landlord in connection with the performance of such work or on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant. Tenant shall, Tenant Related Parties prior to construction of any and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency)all Alterations, Landlord may make the repairsprovide additional insurance as reasonably required, and Tenant shall pay the reasonable cost also such assurances to Landlord, including without limitation, waivers of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairslien.

Appears in 1 contract

Sources: Lease Agreement (Linkedin Corp)

Alterations. Within Borrower shall obtain Lender's prior written consent to (i) any structural alteration or (ii) any other alteration to any Improvements which is estimated to cost in excess of four (4%) percent of the value of the related Individual Property, which consent shall not be unreasonably withheld, delayed or conditioned, except with respect to alterations that may have a reasonable time period following Landlord’s receipt material adverse effect on Borrower's financial condition, the value of the related Individual Property or the Net Operating Income thereof. Any such proposed alterations to any Improvements submitted to Lender for approval shall be deemed approved if (i) Borrower delivers to Lender a written request by Tenant given the availability of Landlord’s employees, Landlord shall, at Tenant’s sole cost and expense, perform for such approval marked in bold lettering with the following maintenance and repair obligations of Tenant within the Premiseslanguage: repair and maintain the mechanical "LENDER'S RESPONSE IS REQUIRED WITHIN FIFTEEN (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls15) BUSINESS DAYS OF RECEIPT OF THIS NOTICE PURSUANT TO THE TERMS OF A LOAN AGREEMENT BETWEEN THE UNDERSIGNED AND LENDER. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay to Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (FAILURE TO RESPOND SHALL BE DEEMED AN APPROVAL." and the reimbursement envelope containing the request is marked "PRIORITY"; and (ii) Lender shall have failed to notify Borrower of its approval or disapproval within such costs and expenses shall be deemed Additional Rent for purposes fifteen (15) Business Days following Lender's receipt of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, Borrower's written request together with a reasonable administrative charge not reasonably detailed description of such proposed structural alteration, and any and all other information and documentation relating thereto reasonably required by Lender to exceed reach a decision. In no event shall Lender be deemed to 10% have approved alterations that may have a material adverse effect on Borrower's financial condition, the value of the cost Property or the Net Operating Income thereof. Upon Borrower's request, Lender shall deliver to Borrower a reasonably detailed description of the repairsreasons for any disapprovals under this Section 5.1.20. Lender hereby approves the alterations currently planned to be made to the Mandalay Beach Property, as more particularly set forth on Schedule 5.1.20 hereto, and Borrower shall make and complete such alterations in accordance with the terms and provisions of this Agreement. Borrower covenants and agrees that Borrower shall complete the balcony alterations and renovations more particularly set forth on Schedule 5.1.20 hereto within twelve (12) months of the date hereof.

Appears in 1 contract

Sources: Loan Agreement (Felcor Lodging Trust Inc)

Alterations. Within a reasonable time period following 9.1. Tenant shall not perform any Alterations in and to the Demised Premises without first obtaining Landlord’s receipt of a written 's consent, which consent shall not be unreasonably withheld provided that the proposed Alteration is consistent with the Permitted Use. Tenant acknowledges and agrees that it shall not be unreasonable for Landlord to condition its consent to any Tenant request to perform Alterations on Tenant and Landlord entering into an amendment to this Lease providing for an increase in the Fixed Rent and additional rent payable by Tenant given the availability of hereunder. Before commencing any Alterations which have been approved by Landlord’s employees, Landlord Tenant shall, at its expense: 9.2.1. cause drawings and specifications for any Alteration if required by Legal Requirements, thereafter to be filed with and approved by all Governmental Authorities having jurisdiction; and 9.2.2. obtain all approvals and permits which may be required by all Governmental Authorities for such Alterations; and 9.2.3. deliver to Landlord copies of such plans, drawings and specifications which are filed and approved, as well as copies of all such permits and approvals. 9.2. All Alterations shall be done in a good and workmanlike manner and in compliance with Legal Requirements, Insurance Requirements and the terms of this Lease. 9.3. Throughout the Term, Tenant shall not suffer or permit any liens to stand against the Demised Premises or any part thereof, by reason of any work, labor, services or materials done for, or supplied, or claimed to have been done for, or supplied to, Tenant’s . If any contractor's, construction, mechanic's, laborer's or materialmen's lien is filed against the Demised Premises for work done or materials furnished to Tenant, Tenant shall cause such lien to be discharged at its sole cost and expenseexpense whether by payment, perform the following maintenance and repair obligations release, bond, deposit, order of Tenant a court of competent jurisdiction or otherwise, within the Premises: repair and maintain the mechanical thirty (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any 30) days after receiving notice of the foregoing work on filing thereof. If Tenant shall fail to vacate or release such lien within such thirty (30) day period, Landlord may, but shall not be obligated to, vacate or release the same, but solely by posting a bond or other security in the manner prescribed by law. Tenant may contest the validity or amount of any such lien, provided that it shall cause such lien to be bonded such that it would be deemed discharged of record. If Landlord shall so discharge a lien which is the obligation of Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay to Landlord the amount all actual, out-of-pocket costs incurred by Landlord pursuant to the foregoing provisions of this Section 9.3, including Landlord's reasonable attorneys' fees and actual, out-of-pocket costs, expenses and disbursements incurred in connection therewith. Nothing contained herein shall imply any consent or agreement on the part of Landlord to subject Landlord's estate or interest in the Demised Premises to liability under any construction, mechanic's or other lien law, whether or not the performance or the furnishing of such work, labor, services or materials to Tenant or anyone holding the Demised Premises, or any part thereof, through or under Tenant, shall have been consented to by Landlord. 9.4. In connection with the performance rights granted to Tenant under this Article 9 (and Articles 5 and 8 hereof), Landlord agrees to reasonably cooperate with Tenant, at Tenant's sole cost and expense, including the execution and delivery, upon request of Tenant, of such instrument or instruments, applications, agreements, or other consents for performing any work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed permitted by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make or any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be other thing required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairsconnection therewith.

Appears in 1 contract

Sources: Lease (Terra Tech Corp.)

Alterations. Within a reasonable time period following Tenant shall not make any alterations to the Premises or the Business Park without Landlord’s receipt prior written consent, which consent shall not be unreasonably withheld. Tenant may make non-structural alterations costing less than $15,000 per event without Landlord’s consent. Regardless of whether Landlord’s consent for alteration is required, Tenant must provide Landlord at least fifteen (15) business days prior to the commencement of any alteration with a written request complete description of each such alteration including any building permit drawing(s) and specifications. Landlord may post notices regarding non-responsibility in accordance with the laws of the state in which the Premises are located. All alterations made by Tenant, whether or not subject to the approval of Landlord, shall be performed by Tenant given the availability of Landlord’s employees, Landlord shall, at Tenant’s sole cost and expense, perform the following maintenance its contractors in a first class workmanlike manner and repair obligations of Tenant within the Premises: repair permits and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request inspections shall be accompanied by reasonable documentation of such costs obtained from all required governmental entities. Any alterations made shall remain on and expenses), Tenant shall pay to Landlord the amount incurred by Landlord in connection be surrendered with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms 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 some or all of the alterations which Tenant may have made to the extent such insurance would not have covered the loss)Premises. If Landlord so elects, Tenant shall reimburse at its own cost restore the Premises to the condition designated by Landlord in its election, before the last day of the Term or within thirty (30) days after notice of its election is given, whichever is later. If requested by Tenant at the time of Tenant’s request for approval of alterations or improvements, Landlord shall advise Tenant in writing whether Landlord shall require Tenant to remove some or all of said alterations or improvements upon expiration or termination of the Lease. Should Landlord consent in writing to Tenant’s alteration of the Premises, Tenant shall contract with a contractor approved by Landlord for the cost construction of repairing damage to the Building caused by the acts of Tenantsuch alterations, Tenant Related Parties shall secure all appropriate governmental approvals and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairspermits, and shall complete such alterations with due diligence in compliance with plans and specifications approved by Landlord. Tenant shall pay all costs for such construction and shall keep the reasonable cost Premises free and clear of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairsall mechanics’ liens which may result from construction by Tenant.

Appears in 1 contract

Sources: Standard NNN Lease (Pixelworks Inc)

Alterations. Within Tenant shall make no changes in or to the leased ----------- premises of any nature without Landlord's prior written consent, which consent shall not unreasonably be withheld or delayed. Notwithstanding the foregoing sentence, Tenant may make alterations or improvements to the leased premises which do not exceed the sum of $5,000.00 in cost (materials and labor), so long as such alterations and improvements are interior and non-structural, and are commensurate and compatible with the architecture, design, style and of the same quality of material and construction, as the other portions of the leased premises and the Building. Tenant shall provide Landlord, upon its request, final and complete drawings and specifications as may be necessary to obtain required building permits for all work to be done in connection with any build- out of the leased premises and any alterations made by the Tenant. Landlord shall approve or disapprove Tenant's plans within a reasonable time period following Landlord’s receipt of a written request by Tenant given the availability of Landlord’s employees, Landlord shall, at Tenant’s sole cost and expense, perform the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising wallsthereafter. In the event Landlord disapproves Tenant's plans, Landlord shall set forth the reasons therefor. Any revised plans shall correct any deficiencies and conform to any objections set forth by Landlord. It is specifically agreed herein that, in the event that Tenant so requests that Landlord perform any utility services, facilities, equipment, electrical lines or duct-work need to be altered in any respect in the course of Tenant's build- out of the foregoing work on leased premises, all costs and expenses of the same shall be paid by Tenant’s behalf, within 10 days . Upon receipt of Landlord’s request therefore 's written consent, Tenant, at Tenant's expense, may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the leased premises by using contractors and mechanics first approved by Landlord. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (which request upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord. Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such ▇▇▇▇▇▇▇'▇ compensation, general liability, personal and property damage insurance as Landlord may require. If any mechanic's lien is filed against the leased premises or the Building for work claimed to have been done for, or materials furnished to, Tenant, the same shall be accompanied discharged by reasonable documentation Tenant within thirty (30) days thereafter, at Tenant's expense, or by the filing of such costs and expenses), Tenant shall pay to Landlord the amount incurred a bond required by law. Unless otherwise agreed by Landlord in connection writing prior to installation, all fixtures, paneling, partitions and like installations, installed in the leased premises at any time, either by Tenant or by Landlord in Tenant's behalf, shall, upon installation become the property of Landlord and shall remain upon and be surrendered with the performance of such work on Tenant’s behalf leased premises unless Landlord, by notice to Tenant no later than sixty (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject 60) days prior to the terms of Section 15 below, to date fixed as the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms termination of this Lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event the same shall be removed from the premises by Tenant prior to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost expiration of the repairsLease, together with a reasonable administrative charge not at Tenant's expense. All property permitted or required to exceed to 10% be removed by Tenant at the end of the cost term remaining in the leased premises after Tenant's removal, shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed from the repairspremises by Landlord at Tenant's expense.

Appears in 1 contract

Sources: Lease (Curagen Corp)

Alterations. Within a reasonable time period following Landlord’s receipt of a written request by a) Tenant given the availability of Landlord’s employees, Landlord shall, at Tenant’s sole cost and expense, perform the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within shall not make any alterations to the Premises, lightingor to the Project, floor coveringincluding any changes to the existing landscaping, affixed interior partitionswithout Landlord's prior written consent, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any As of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay to Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms commencement of this Lease, the Tenant intends to construct a 7,000 - 8,000 square foot, light manufacturing, research and development area within the existing warehouse area of the Premises ("Clean Room"). Provided that the Tenant is in compliance with the provisions herein, and the construction of such Clean Room would not (I) cause Landlord to incur any cost or expense, or (ii) require Landlord to perform any improvements, alterations, or other work to the extent Premises, the Building, or the Project, then the Landlord shall not unreasonably withhold its consent for the Clean Room. If Landlord gives its consent to such alterations, Landlord may post notices in accordance with the laws of the state in which the Premises are located. Any alterations made shall remain on and be surrendered with the Premises upon expiration of the Term, except that Landlord may, within 30 days before or 30 days after expiration of the Term, elect to require Tenant to remove any alterations which Tenant may have made to the Premises. When submitting the proposed Alteration to the Landlord, the Tenant may request whether or not the Alterations will be required to be removed and the Premises restored at the end of the term or earlier expiration. Such request shall be in writing and the Landlord must be provided with detailed plans and specifications in order to properly evaluate the request. If Landlord so elects, Tenant shall, at its own cost, restore the Premises to the condition designated by Landlord in its election, before the last day of the Term or within 30 days after notice of its election is given, whichever is later. Such restoration shall be performed by Tenant to a similar condition that existed immediately prior to entry into the Premises by Tenant. b) Tenant may perform, without Landlord approval, Alterations to the Premises, provided that the following conditions are met: a) the Alterations shall not, collectively, exceed $10,000.00 per calendar year, b) the Alterations shall not penetrate the roof, concrete floor or exterior walls, c) the Alterations shall not be visible from the exterior of the building or affect the exterior in any way, d) the Alterations shall not be structural, e) Alterations to the electrical system shall not affect the main service to the building or require changes to the main service, f) Alterations to the plumbing system shall not affect the system below the concrete floor, g) the Alterations must be performed in a professional and workmanlike manner by a licensed contractor (whose insurance would meets the reasonable requirements of Landlord), and h) the Tenant shall notify Landlord, in advance, of the work to be performed. All Alterations, whether or not have covered prior approval is required, are subject to removal and restoration, as stated herein. c) Should Landlord consent in writing to Tenant's alteration of the loss)Premises, Tenant shall reimburse contract with a contractor reasonably approved by Landlord for the cost construction of repairing damage to the Building caused by the acts of Tenantsuch alterations, Tenant Related Parties shall secure all appropriate governmental approvals and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairspermits, and shall complete such alterations with due diligence in compliance with plans and specifications approved by Landlord, and in compliance with all applicable laws, statutes and regulations. All such construction shall be performed in a manner which will not interfere with the quiet enjoyment of other tenants of the Project. Tenant shall pay all costs for such construction and shall keep the reasonable cost Premises and the Project free and clear of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairsall mechanics' liens which may result from construction by Tenant.

Appears in 1 contract

Sources: Multi Tenant Industrial Lease (Vidamed Inc)

Alterations. Within No alterations, additions, or improvements to the Premises (other than the Tenant Improvements) shall be made without first having the consent in writing of Landlord which consent shall not be unreasonably withheld or delayed; nor shall such alternations, additions, or improvements interfere with or damage the mechanical or electrical systems or the structure of the Premises or the Building. Further, Tenant shall not install or maintain any apparatus or device which will increase the usage of electrical power, water, or gas for the Premises to an amount greater than would be required for normal general office use for space of comparable size, unless Tenant shall have first obtained the prior written consent of Landlord and Tenant shall have delivered to Landlord a reasonable time period following written agreement to pay additional costs related thereto. Landlord shall have the right to approve all window treatments in the Premises. Notwithstanding the foregoing, Tenant shall have the right without Landlord’s receipt of a written request by consent to undertake and perform nonstructural alterations and improvements which Tenant given the availability of Landlord’s employeesconsiders necessary or appropriate to enhance and supplement heating, Landlord shallventilating, at Tenant’s sole cost and expense, perform the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC)air conditioning, electrical and plumbing communications equipment and systems within serving the Premises and Tenant’ s operations therein, including without limitation the installation and removal of non-load bearing partition walls, and the construction of control rooms which may be necessary or appropriate to support such operations. Nothing herein is meant to interfere with Tenant’s ability to control the floor layout in the Premises. Except as otherwise provided in this Lease, lightingany alterations, floor covering, affixed interior partitions, doors, stairs and demising walls. In additions or improvements consented to by the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses), made at Tenant’ s sole expense. Tenant shall pay to Landlord the amount incurred by Landlord secure any and all governmental permits, approvals, or authorizations required in connection with the performance of any such work on Tenant’s behalf and shall hold Landlord harmless from any and all liability, costs, damages, expenses (including attorney’ s fees) and liens resulting therefrom. All alterations (expressly excluding all trade fixtures, office furniture systems, security systems, appliances and equipment), shall become the reimbursement property of such costs and expenses shall be deemed Additional Rent for purposes the Landlord upon termination of this Lease). Subject ; provided however that Landlord may require Tenant to remove all or a portion or the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs alterations made to the Premises required of Tenant by at the terms termination of this Lease for more than 15 days after notice from if Landlord (although notice designates in writing such removal when the alterations are requested in writing by Tenant. Such property which does not become the property of Landlord shall not be required in an emergency), Landlord may make remain the repairsproperty of Tenant, and Tenant shall pay have the reasonable cost of right to remove such property from the repairsPremises. Tenant agrees to indemnify and hold Landlord harmless against and from all claims for mechanic’ s, together materialmen’s or other liens in connection with a reasonable administrative charge not any alterations, additions, or improvements to exceed to 10% of the cost of the repairswhich Landlord may give its consent.

Appears in 1 contract

Sources: Building Lease (DERMAdoctor, LLC)

Alterations. Within a reasonable time period following Tenant shall not make any alterations, improvements, additions, utility installations or repairs (collectively referred to as “Alterations” or singly as an “Alteration”) to the Premises, except in accordance with this Section 4.2 and with the prior written consent of Landlord, which ▇▇▇▇▇▇▇▇ agrees not unreasonably to withhold, condition or delay as to nonstructural Alterations (nonstructural Alterations being those that do not affect the Building’s structure, roof, exterior or mechanical, electrical, plumbing, life safety or other Building systems or architectural design, character or use of the Building or Premises); provided, however, that Landlord’s receipt consent shall not be required for any cosmetic, nonstructural Alterations that do not cost in excess of $10,000.00 in the aggregate in any rolling twelve (12) month period so long as Tenant gives Landlord at least ten (10) days prior written notice of such cosmetic, nonstructural Alterations which shall include, without limitation, a written request by Tenant given detailed description of such project. Without limiting any of the availability terms hereof, Landlord will not approve any Alterations requiring unusual expense to readapt the Premises to normal office use on lease termination or materially increasing the cost of maintenance, insurance or taxes on the Building or of Landlord’s employees, Landlord shall, at Tenant’s sole cost and expense, perform the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within services to the Premises, lighting, floor covering, affixed interior partitions, doors, stairs unless Tenant first gives assurances or security acceptable to Landlord that such re-adaptation will be made prior to such termination without expense to Landlord and demising wallsmakes provisions acceptable to Landlord for payment of such increased cost. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of All Alterations requiring Landlord’s request therefore (which request consent made by Tenant shall be accompanied made in accordance with plans and specifications which have been approved in writing by reasonable documentation the Landlord, pursuant to a duly issued permit, if applicable, and in accordance with all Laws and Restrictions, the provisions of such costs this Lease and expenses)in a good and first-class workmanlike manner using new materials of same or better quality as base building standard materials, finishes and colors, free of all liens and encumbrances. All Alterations shall be performed by a contractor or contractors selected by Tenant and approved in writing by Landlord which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall pay to Landlord a fee equal to five percent (5%) of the cost of any such Alterations to compensate Landlord for the overhead and other costs it incurs in reviewing the plans therefor and in monitoring the construction of the Alterations. Subject to Section 4.1.2(f) above, if, as a result of any Alterations made by Tenant, Landlord is obligated to comply with the Americans With Disabilities Act or any other Laws and Restrictions and such compliance requires Landlord to make any improvement or Alteration to any portion of the Building, as a condition to Landlord's consent, Landlord shall have the right to require Tenant to pay to Landlord prior to the construction of any Alteration by Tenant, the entire cost of any improvement or alteration Landlord is obligated to complete by such law or regulation. Tenant agrees to obtain or cause its contractor(s) to obtain, prior to the commencement of any work or Alterations, “builder’s all risk” insurance in an amount incurred and with such coverages approved by Landlord and worker’s compensation insurance in the statutorily required amount(s) and evidence of all such insurance shall be furnished to Landlord prior to the performance by such contractor(s) or person(s) of any work in respect of the Premises. Landlord shall have the right to stop any work not being performed in conformance with this Lease, and, at its option, may repair or remove non-conforming work at the expense of Tenant. Tenant hereby indemnifies and holds Landlord harmless from and against any liens, encumbrances and violations of Laws and Restrictions related to such Alterations. The filing of any lien or encumbrance, or the violation of Laws and Restrictions in connection with the performance such Alterations, shall constitute a default hereunder. The repair and indemnity obligations of such work on Tenant hereunder, including Tenant’s behalf (and obligations to repay Landlord the reimbursement cost of such costs and expenses repairing or removing Alterations, shall be deemed Additional Rent for purposes survive the termination of this Lease). Subject All Alterations performed by Tenant in the Premises shall remain therein (unless Landlord directs Tenant to remove the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms same on termination or expiration of this Lease, provided that Landlord notified Tenant at the time of giving its consent that Tenant would be required to remove the same) and, at termination or expiration, shall be surrendered as a part thereof, except for Tenant’s usual trade furniture and equipment, if movable, installed prior to or during the Lease term at Tenant’s cost, which trade furniture and equipment Tenant shall remove in their entirety prior to the extent termination or expiration of this Lease, provided that if Tenant is then in default hereunder, Landlord may direct that no such insurance would not have covered trade fixtures, furniture and equipment be removed. Tenant agrees to repair any and all damage to the loss)Premises resulting from such removal (including removal of Tenant’s Alterations directed by Landlord) or, Tenant shall reimburse if Landlord so elects, to pay Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any such repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days forthwith after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairsbilling therefor.

Appears in 1 contract

Sources: Lease Agreement (Eledon Pharmaceuticals, Inc.)

Alterations. Within a reasonable time period following Landlord’s receipt of a written request by Tenant given the availability of Landlord’s employees, Landlord shall, at Tenant’s sole cost and expense, perform the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within shall not make any alterations to the Premises, lightingor to the Project, floor coveringincluding any changes to the existing landscaping, affixed interior partitionswithout Landlord's prior written consent WHICH CONSENT SHALL NOT BE UNREASONABLY WITHHELD. NOTWITHSTANDING THE FOREGOING, doorsTENANT SHALL HAVE THE RIGHT TO (I) PAINT AND CARPET THE PREMISES, stairs AND (II) UNDERTAKE OTHER NON-STRUCTURAL ALTERATIONS COSTING LESS THAN $50,000, WITHOUT LANDLORD'S PRIOR WRITTEN CONSENT, BUT WITH NOT LESS THAN THIRTY (30) DAYS PRIOR WRITTEN NOTICE TO LANDLORD. If Landlord gives its consent to such alterations, Landlord may post notices in accordance with the laws of the state in which the Premises are located. Any alterations make shall remain on and demising walls. In be surrendered with the event that Tenant so requests Premises upon expiration of the Term, except that Landlord perform any may, within 30 days before or 30 days after expiration of the foregoing work on Term UNLESS TENANT, AT ITS SOLE AND EXPENSE, REMOVES SAME, AND RESTORES THE PREMISES TO ITS CONDITION AS OF THE COMMENCEMENT DATE, REASONABLE WEAR AND TEAR EXCEPTED, OR UNLESS LANDLORD NOTIFIES TENANT AS A CONDITION OF ITS CONSENT TO REMOVE ANY PARTICULAR IMPROVEMENT, OR PORTION THEREOF, AND RESTORE THE PREMISES TO THE CONDITION IMMEDIATELY PRIOR TO THE INSTALLATION OF THE PARTICULAR IMPROVEMENT. Should Landlord consent in writing to Tenant’s behalf, within 10 days 's alteration of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses)the Premise, Tenant shall pay to Landlord the amount incurred contract with a contractor approved by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost construction of repairing damage to the Building caused by the acts of Tenantsuch alterations, Tenant Related Parties shall secure all appropriate governmental approvals and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairspermits, and shall complete such alterations with due diligence in compliance with plans and specifications approved by Landlord, and in compliance with all applicable laws, statutes and regulations. All such construction shall be performed in a manner which will not interfere with the quiet enjoyment of other tenants of the Project. Tenant shall pay all costs for such construction and shall keep the reasonable cost Premises and the Project free and clear of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairsall mechanics' liens which may result from construction by Tenant.

Appears in 1 contract

Sources: Single Tenant Industrial Lease (Global Directmail Corp)

Alterations. Within a reasonable time period following Tenant shall not make any alterations, improvements, additions, utility installations or repairs (collectively referred to as “Alterations” or singly as an “Alteration”) to the Premises, except in accordance with this Section 4.2 and with the prior written consent of Landlord, which Landlord agrees not unreasonably to withhold as to nonstructural Alterations (nonstructural Alterations being those that do not affect the Building’s receipt structure, roof, exterior or mechanical, electrical, plumbing, life safety or other Building systems or architectural design, character or use of a written request by Tenant given the availability Building or Premises). Without limiting any of the terms hereof, Landlord will not approve any Alterations requiring unusual expense to readapt the Premises to normal office use on lease termination or increasing the cost of construction, insurance or taxes on the Building or of Landlord’s employees, Landlord shall, at Tenant’s sole cost and expense, perform the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within services to the Premises, lighting, floor covering, affixed interior partitions, doors, stairs unless Tenant first gives assurances or security acceptable to Landlord that such re-adaptation will be made prior to such termination without expense to Landlord and demising wallsmakes provisions acceptable to Landlord for payment of such increased cost. In the event that All Alterations made by Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied made in accordance with plans and specifications which have been approved in writing by reasonable documentation the Landlord, pursuant to a duly issued permit, and in accordance with all Laws and Restrictions, the provisions of such costs this Lease and expenses)in a good and first-class workmanlike manner using new materials of same or better quality as base building standard materials, finishes and colors, free of all liens and encumbrances. All Alterations shall be performed by a contractor or contractors selected by Tenant and approved in writing by Landlord. Tenant shall pay to Landlord a fee equal to five percent (5%) of the cost of any such Alterations to compensate Landlord for the overhead and other costs it incurs in reviewing the plans therefor and in monitoring the construction of the Alterations. If, as a result of any Alterations made by Tenant, Landlord is obligated to comply with the Americans With Disabilities Act or any other Laws and Restrictions and such compliance requires Landlord to make any improvement or Alteration to any portion of the Building, as a condition to Landlord's consent, Landlord shall have the right to require Tenant to pay to Landlord prior to the construction of any Alteration by Tenant, the entire cost of any improvement or alteration Landlord is obligated to complete by such law or regulation. Tenant agrees to obtain or cause its contractor(s) to obtain, prior to the commencement of any work or Alterations, “builder’s all risk” insurance in an amount incurred and with such coverages approved by Landlord and worker’s compensation insurance in connection with the statutorily required amount(s) and evidence of all such insurance shall be furnished to Landlord prior to the performance by such contractor(s) or person(s) of such any work on in respect of the Premises. Landlord shall have the right to stop any work not being performed in conformance with this Lease, and, at its option, may repair or remove non-conforming work at the expense of Tenant. Tenant hereby indemnifies and holds Landlord harmless from and against any liens, encumbrances and violations of Laws and Restrictions. The filing of any lien or encumbrance, or the violation of Laws and Restrictions, shall constitute a default hereunder. The repair and indemnity obligations of Tenant hereunder, including Tenant’s behalf (and obligations to repay Landlord the reimbursement cost of such costs and expenses repairing or removing Alterations, shall be deemed Additional Rent for purposes survive the termination of this Lease). Subject All Alterations performed by Tenant in the Premises shall remain therein (unless Landlord directs Tenant to remove the same on termination or expiration of this Lease) and, at termination or expiration, shall be surrendered as a part thereof, except for Tenant’s usual trade furniture and equipment, if movable, installed prior to or during the Lease term at Tenant’s cost, which trade furniture and equipment Tenant shall remove in their entirety prior to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms termination or expiration of this Lease, provided that if Tenant is then in default hereunder, Landlord may direct that no such trade fixtures, furniture and equipment be removed. Tenant agrees to repair any and all damage to the extent Premises resulting from such insurance would not have covered the loss)removal (including removal of Tenant’s Alterations directed by Landlord) or, Tenant shall reimburse if Landlord so elects, to pay Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any such repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days forthwith after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairsbilling therefor.

Appears in 1 contract

Sources: Lease (Aware Inc /Ma/)

Alterations. Within a reasonable time period following A. Tenant shall not make or allow to be made (except as otherwise provided in this Lease Agreement) any alterations or physical additions (including fixtures) in or to the Leased Premises, or place safes, vaults or other heavy furniture or equipment within the Leased Premises, without first obtaining the written consent of Landlord. In addition, Tenant shall not be permitted to take x-rays or core drill or penetrate the floor of the Leased Premises without first obtaining the Landlord’s receipt consent. The reasonable cost of a written request any third party consultant or engineer hired by Landlord and approved by Tenant, such approval not to be unreasonably withheld, delayed or conditioned in connection with such work undertaken by Tenant given shall be paid for by Tenant as Additional Rent hereunder. Tenant shall submit requests for consent to make alterations or physical additions together with copies of the availability plans and specifications for such alterations. Subsequent to obtaining Landlord’s consent and prior to commencement of construction of the alterations or physical additions, Tenant shall deliver to Landlord the building permit (if a building permit is required to complete such alterations or additions), a copy of the executed construction contract covering the alterations and physical additions and evidence of contractor’s and subcontractor’s insurance, such insurance being with such companies, for such periods and in such amounts as Landlord may reasonably require, naming the Landlord Parties as additional insureds. Tenant shall pay to Landlord upon demand a review fee in the amount of Landlord’s employeesactual and reasonable costs (provided that prior to incurring such costs, Landlord shall deliver to Tenant a good faith estimate thereof, the parties acknowledging and agreeing, however, that Tenant’s reimbursement obligation with respect thereto shall not be limited to such estimate) incurred to compensate Landlord for the third party (such third party to be approved by Tenant in advance, such approval not to be unreasonably withheld, conditioned or delayed) cost of review and approval of the plans and specifications and for additional third party (such third party to be approved by Tenant in advance, such approval not to be unreasonably withheld, conditioned or delayed) administrative costs (provided that prior to incurring such costs, Landlord shall deliver to Tenant a good faith estimate thereof, the parties acknowledging and agreeing, however, that Tenant’s reimbursement obligation with respect thereto shall not be limited to such estimate) incurred in monitoring the construction of the alterations. If available, Tenant shall deliver to Landlord a copy of the “as-built” plans and specifications for all alterations or physical additions so made in or to the Leased Premises, and shall reimburse Landlord for the reasonable third party (such third party to be approved by Tenant in advance, such approval not to be unreasonably withheld, conditioned or delayed) cost (provided that prior to incurring such costs, Landlord shall deliver to Tenant a good faith estimate thereof, the parties acknowledging and agreeing, however, that Tenant’s reimbursement obligation with respect thereto shall not be limited to such estimate) incurred by Landlord to update its current architectural plans for the Building. B. Notwithstanding the foregoing but subject to the other terms and conditions of this Section 9, Tenant may from time to time at its sole cost and expense make such alterations, additions, restorations, changes, replacements or installations (“Alterations”) in, of or to the interior of the Building as Tenant deems necessary or desirable; provided, however, Tenant shall not make or allow to be made any structural alterations to the Building or any other portion of the Leased Premises, without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. For purposes of this Lease Agreement, the term “structural alterations” means alterations that affect the structure or the structural integrity of Building or any portion thereof, or alter the exterior appearance of the Building or any other portion of the Leased Premises, or affect the mechanical, electrical or plumbing systems of the Building. C. Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold harmless the Landlord Parties from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Tenant to the Leased Premises, including but not limited to any mechanics’ or materialmen’s liens asserted in connection therewith. D. Tenant shall not be deemed to be the agent or representative of Landlord in making any such alterations, physical additions or improvements to the Leased Premises, and shall have no right, power or authority to encumber any interest in the Leased Premises in connection therewith other than Tenant’s leasehold estate under this Lease Agreement. However, should any mechanics’ or other liens be filed against any portion of the Leased Premises or any interest therein (other than Tenant’s leasehold estate hereunder) by reason of Tenant’s acts or omissions or because of a claim against Tenant or its contractors, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within thirty (30) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said thirty (30) day period, which failure shall be deemed to be an Event of Default hereunder without the necessity of any further notice or cure period, Landlord may, at its sole option and in addition to any other remedy of Landlord hereunder, cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all costs incurred in canceling or discharging such lien or liens. E. Tenant shall cause all alterations, physical additions, and improvements (including fixtures), constructed or installed in the Leased Premises by or on behalf of Tenant to comply with all applicable Laws, excluding the Structural Components. Tenant acknowledges and agrees that neither Landlord’s review and approval of Tenant’s plans and specifications nor its observation or supervision of the construction or installation thereof shall constitute any warranty or agreement by Landlord that same comply with Laws or release Tenant from its obligations under this Section 10D. The terms of this Section 10.E. shall not apply to Landlord’s initial construction of the Improvements as set forth in Exhibit D and Sections 52, 53, 54 and 56 of this Lease Agreement. F. Tenant shall be wholly responsible for any accommodations or alterations that are required by Laws to be made to the Leased Premises to accommodate disabled employees and customers of Tenant, including, without limitation, compliance with the Americans with Disabilities Act (42 U.S.C. §§ 12101 et seq.) (collectively, the “Accommodation Laws”); provided, however, that Landlord shall be wholly responsible for any accommodations or alterations that are required by Laws to be made to Structural Components. G. If (a) because of any act or omission of Landlord or anyone claiming by, through or under Landlord, or (b) by reason of any construction, alteration, repair or restoration of any part of the Leased Premises by Landlord, any mechanics’ or other lien, encumbrance, judgment lien or order for the payment of money or the performance of any act or thing, shall be filed against the Leased Premises or against Tenant (whether or not such lien or order is valid or enforceable as such), Landlord shall, at TenantLandlord’s sole own cost and expense, perform cause the following maintenance same to be canceled and repair obligations discharged of Tenant record within the Premises: repair and maintain the mechanical thirty (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls30) days after Landlord’s receipt of notice thereof. In the event that Tenant so requests that Landlord perform any connection with Landlord’s obligations set forth in Exhibit D and Sections 52, 53, 54 and 56 of this Lease Agreement with respect to initial construction of the foregoing work on Tenant’s behalfImprovements, within 10 days Landlord to the extent not specifically prohibited by Laws, shall also indemnify and save harmless Tenant from and against any and all costs, expenses, claims, losses or damages, including, but not limited to, reasonable counsel fees charged by counsel of Landlord’s request therefore (which request shall be accompanied choice, resulting therefrom or by reasonable documentation of such costs and expenses), Tenant shall pay to Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairsreason thereof.

Appears in 1 contract

Sources: Build to Suit Lease Agreement (Cardiovascular Systems Inc)

Alterations. Within a reasonable time period following Landlord’s receipt 9.1 The original improvement of a written request the Premises and Building shall be accomplished by Tenant given the availability of Landlord’s employeesin accordance with Exhibit B. Landlord is . under no obligation to make any alterations, Landlord shalladditions, at Tenant’s sole cost and expense, perform the following maintenance and repair obligations of Tenant within improvements or other changes (collectively "Alterations") in or to the Premises: repair . 9.2 Tenant shall not make or permit anyone to make any Alteration in or to the Premises or the Building without Landlord's prior written consent, which consent may be granted or withheld in Landlord's sole but reasonable discretion with respect to structural Alterations and maintain non-structural Alterations which are visible from the mechanical (including HVAC), electrical and plumbing systems within exterior of the Premises, lightingand which consent shall not be unreasonably withheld, conditioned or delayed with respect to all other non-structural Alterations. Structural Alterations shall be deemed to include without limitation any Alteration that will or is likely to necessitate any changes, replacements or additions to the electrical, mechanical, plumbing, heating, ventilating or air conditioning systems of the Premises or the Building. Notwithstanding the foregoing, no consent of Landlord is required for purely decorative Alterations (e.g., paint or floor coveringcoverings), affixed interior partitions, doors, stairs and demising walls. In the event provided that Tenant so requests shall give Landlord at least fifteen (15) days written notice prior to commencement of such Alterations. Further, no consent of Landlord shall be required for Alterations which do not exceed Fifty Thousand Dollars ($50,000.00) in construction costs per occurrence in the aggregate of Alterations, provided that (i) such Alterations are not structural Alterations or non-structural Alterations that are visible from the exterior of the Premises, and (ii) Tenant gives Landlord at least fifteen (15) days written notice prior to commencement of any such Alterations. Any Alteration made by Tenant shall be made: (a) in a good, workmanlike, first-class and prompt manner; (b) using new materials only; (c) by a contractor and in accordance with plans and specifications approved in writing by Landlord; (d) in accordance with applicable legal requirements; (e) in accordance with reasonable requirements of any insurance company insuring the Building or of any holder of any Mortgage (as defined in Section 21.1); and (f) after obtaining a workmen's compensation insurance policy reasonable approved in writing by Landlord. Landlord's consent to the making of an Alteration shall not be deemed to constitute Landlord's consent to subject its interest in the Premises or the Building to liens which may be filed in connection therewith. If any lien (or a petition to establish a lien) is filed in connection with any Alteration, then such lien (or petition) shall be discharged by Tenant at Tenant's expense within thirty (30) days thereafter by the payment thereof or filing of a bond acceptable to Landlord. Tenant shall not perform an Alteration (including the original improvements per Exhibit B) without first obtaining any required permits and/or insurance and providing proof of same to Landlord. 9.3 Subject to the provisions of Section 9.2, if any Alteration is made without Landlord's prior written consent, then Landlord shall have the right at Tenant's expense to remove and correct such Alteration and restore the Premises and the Building to their condition immediately prior thereto or to require Tenant to do the same. All Alterations to the Premises or the Building made by either party shall immediately become Landlord's property and shall remain upon and be surrendered with the Premises at the expiration or earlier termination of the Lease Term; provided, however, that if Tenant is not in default under this Lease, then Tenant shall have the right to remove, prior to the expiration or earlier termination of the Lease Term, all "Tenant's Property" installed in the Premises solely at Tenant's expense, and except that Tenant shall be required to remove all Alterations to the Premises or the Building which Landlord designates in writing for removal at the time Landlord consents to such Alteration. "Tenant's Property" shall be deemed to include movable personal property, furnishings, furniture, telecommunications equipment, computers and trade fixtures or Alterations used in Tenant's business. Upon the removal of any of Tenant's Property Tenant agrees to restore any damaged or adversely impacted portion of the foregoing work on Tenant’s behalfPremises to its original condition existing prior to the Lease Commencement Date, within 10 days of Landlord’s request therefore (which request and the Premises and all Building Systems therein shall be accompanied by reasonable documentation of fully operable and functioning. Prior to any such costs and expenses)restoration, Tenant shall pay confer with Landlord's designated engineering consultant to Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to ensure that the Building caused by the acts of Tenant, Tenant Related Parties systems and their respective contractors structural integrity are properly maintained throughout any and vendorsall such restoration activities. If Tenant fails Landlord will reasonably cooperate to make any repairs to such consultant reasonably available throughout the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and restoration process. Tenant shall pay the reasonable cost costs of such consultants actually incurred by Landlord. Landlord shall have the right to repair at Tenant's expense all damage to the Premises or the Building caused by such removal if the Tenant fails to repair upon ten (10) days notice. If any such "Tenant's Property" is not removed by Tenant prior to the expiration or earlier termination of the repairsLease Term, together then the same shall become Landlord's property and shall be surrendered with the Premises as a reasonable administrative charge not part thereof; provided, however, that Landlord shall have the right to exceed to 10% remove from the Premises at Tenant's expense such "Tenant's Property" and any Alteration which Landlord designates in writing for removal upon expiration or early termination of the cost Lease Term at time of the repairsapproval.

Appears in 1 contract

Sources: Office Lease (Arbinet Thexchange Inc)

Alterations. Within Tenant shall not permit alterations in or to the Leased Premises unless and until the plans for such alterations have been approved by Landlord in writing, which approval shall not be unreasonably withheld, conditioned or delayed with respect to non-structural and non-mechanical alterations. Notwithstanding the foregoing, Tenant may make interior, non-structural alterations to the Building aggregating no more than One Hundred Thousand Dollars ($100,000.00) in a reasonable time period following Landlord’s receipt of a written request by Tenant given calendar year during the availability of Landlord’s employeesTerm, Landlord shall, at Tenant’s sole cost and expense, perform the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event provided that Tenant so requests that Landlord perform prior to making any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses)alterations, Tenant shall pay give Landlord ten (10) business days prior written notice thereof, along with copies of all plans and specifications relating thereto. Landlord may require Tenant to Landlord remove any such alterations and restore the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms Leased Premises upon termination of this Lease, but only as stipulated in writing by Landlord and Tenant at the time that Tenant submits the plans for such alterations to Landlord for approval, or, in the case of such interior, non-structural alterations to the extent Building aggregating no more than One Hundred Thousand Dollars ($100,000.00) in cost in a calendar year during the Term, at the time that Tenant gives Landlord notice thereof. Landlord and Tenant agree that all alterations to the Leased Premises shall be performed by Landlord, unless Landlord elects in writing not to perform such insurance would not alterations. Landlord shall serve as general contractor or construction manager with respect to such alterations and shall receive a fee in an amount equal to a minimum of eight percent (8%) of the actual cost of such alterations, but subject to such minimum eight percent (8%) fee, in no event shall such fee exceed the then prevailing market rate for such fees. 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 covered the loss)been done for or material claimed to have been furnished to Tenant, Tenant shall reimburse Landlord for the cost cause such lien to be discharged of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 record within thirty (30) days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and filing. Tenant shall pay the indemnify Landlord from all costs, losses, expenses and reasonable cost of the repairs, together attorneys' fees in connection with a reasonable administrative charge not to exceed to 10% of the cost of the repairsany construction or alteration and any related lien.

Appears in 1 contract

Sources: Office Lease (Unigraphics Solutions Inc)

Alterations. Within a reasonable time period following Landlord’s receipt 11.01. During the term of a written request this Lease, Tenant shall have the right to make improvements, changes or alterations (any such improvement, change or alteration made by or on behalf of Tenant being an “Alteration”) in and to the Premises permitted to be made under the Declaration to the same extent, and subject to compliance by Tenant given with the availability of Landlord’s employeessame conditions, Landlord shall, at Tenant’s sole cost and expense, perform the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any as would apply under Article X of the foregoing work on Tenant’s behalfDeclaration if Tenant were the owner of the Unit. Notwithstanding the provisions of this Section 11.01 to the contrary, within 10 not later than ten (10) days of Landlord’s request therefore prior to commencing any Alteration and thirty (which request shall be accompanied by reasonable documentation of such costs and expenses30) days prior to commencing any “Material Alteration” (as hereinafter defined), Tenant shall pay provide reasonably detailed architectural plans and specifications to Landlord which clearly and accurately describe the amount proposed Alteration or Material Alteration, as the case may be. In addition, within thirty (30) days following the completion of any Alteration or Material Alteration, Tenant shall deliver to Landlord CAD disks containing a complete set of “as built” plans and specifications for the Alteration or Material Alteration, provided Landlord is requiring the same from other tenants in the Building. As an Additional Charge hereunder, Tenant shall, within thirty (30) days after Landlord’s delivery to Tenant of an invoice therefor, reimburse Landlord for the reasonable third party out-of-pocket costs and expenses (without markup or profit) incurred by Landlord in connection with its review of any proposed plans and specifications for an Alteration or Material Alteration. Except as provided in the foregoing sentence, Landlord shall not impose any charge or fee in connection with any Alterations. Notwithstanding any provisions of this Section 11.01 to the contrary, Tenant shall be required to obtain Landlord’s prior written consent, which consent, except as herein provided, may be withheld in Landlord’s sole discretion, to the performance of such work on any Material Alteration. If Landlord shall fail to respond to Tenant’s behalf written request for approval of any Material Alteration, (and herein called a “Material Alterations Request”), within twenty (20) days (subject to extension to 45 days as hereinafter provided) after such Material Alterations Request is made by Tenant, with any disapproval including detailed comments thereon explaining the reimbursement reasons for such disapproval, then provided that such Material Alterations Request shall state that Landlord’s failure to disapprove of such costs and expenses the proposed request within twenty (20) days (subject to extension to 45 days as hereinafter provided) shall be deemed Additional Rent for an approval by Landlord, such Material Alterations Request shall be deemed approved by Landlord. For purposes of this Lease). Subject Article 11, a “Material Alteration” is an Alteration which (a) is not limited to the terms interior of Section 15 belowthe Premises or which affects the exterior appearance of the Premises, the Unit or the Building, and Landlord agrees that it shall not unreasonably withhold or condition its consent to such an Alteration, or (b) affects, except to an immaterial extent, the extent structure of the Unit or the Building, and Landlord is agrees that it shall not reimbursed by insurance proceeds unreasonably withhold or condition its consent to such an Alteration if the proposed Alteration does not adversely affect (except to an immaterial extent) such structure, or (c) affects, except to an immaterial extent, the usage or the proper functioning of the mechanical, electrical, sanitary, heating, ventilating, air-conditioning or other services systems of the Unit or the Building and Landlord agrees that it shall not unreasonably withhold or condition its consent to such an Alteration if Landlord fails the proposed Alteration does not adversely affect (except to carry insurance expressly required of Landlord an immaterial extent) such systems, or (d) will cost more than $250,000 in the aggregate (which amount shall be increased annually in the same month in which the Commencement Date [the “Index Month”] occurs, by the terms same percentage increase which occurs in the Consumer Price Index from the Index Month of this Lease, to the extent such insurance would not have covered the losspreceding year), Tenant shall reimburse and Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice agrees that it shall not be required in unreasonably withhold or condition its consent to such an emergency), Landlord may make Alteration. Notwithstanding the repairs, and Tenant shall pay the reasonable cost provisions of the repairs, together with a reasonable administrative charge not to exceed to 10% of the cost of the repairs.clauses (b) and

Appears in 1 contract

Sources: Operating Agreement (New York Times Co)