Common use of Alterations Clause in Contracts

Alterations. A. Lessee shall not make any additions, alterations, or changes in the Leased Premises without first obtaining Lessor’s written approval, which approval will not be unreasonably withheld. Notwithstanding the foregoing, Lessee may install in the Leased Premises any and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Lease, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completion. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 3 contracts

Sources: Commercial Lease Agreement (Argyle Security, Inc.), Commercial Lease Agreement (Argyle Security, Inc.), Commercial Lease Agreement (Argyle Security, Inc.)

Alterations. A. Lessee shall not Absent Landlord’s written consent, Tenant may make any additionsno alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, or changes installations and improvements (the “Alterations”) to the Office provided they are non-structural in the Leased Premises without first obtaining Lessor’s written approvalnature, which approval will do not be unreasonably withheldeffect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Notwithstanding the foregoingBefore making Alterations, Lessee may install in the Leased Premises Tenant shall obtain all permits, approvals, certificates required by any and all equipment, trade fixtures, furnishings, furniture and municipal authorities or other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls agencies having jurisdiction of the Leased Premises (and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a “Structural Modification”). Upon termination mechanic’s lien be filed against the Office and/or Premises, for work done or expiration of the Lease, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises claimed to have been done or materials supplied for Tenant or to the condition Office, Tenant shall pay or cause to be paid or file a bond in which it existed prior to installation of the Lesseeamount stated in the mechanic’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; lien within thirty (30) days of receipt said filing at Tenant’s sole cost and expense. Any installation of this listmaterials, Lessor will furnish fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to Lessee a the installations by giving Tenant thirty (30) days written list notice prior to the Termination Date of all Structural Modifications to such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed by Lesseeupon the Termination Date. Notwithstanding Nothing herein is meant to give Landlord any provision herein ownership rights in and to the contrary, HVAC systems, plumbing lines and Tenant’s trade fixtures, electrical, telephone, office furniture and data wiring equipment which can be easily moved. Upon the Termination Date and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal surrender of which would alter the structural integrity, foundation/slab or roof possession of the Leased PremisesOffice, Tenant shall constitute Structural Modifications. In the event Lessor elects remove all personal property and installations to have any such Structural Modifications removed, Lessee agrees to pay all costs of which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair any damages resulting from such removalthe Office to that condition existing on the Commencement Date. Such removal Any and all property of Tenant remaining in the Office after the Termination Date shall be completed on deemed abandoned by Tenant and Landlord may either retain such abandoned property or before the date of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completion. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.may remove such abandoned property at Tenant’s expense

Appears in 3 contracts

Sources: Office Lease, Office Lease, Office Lease

Alterations. A. Lessee Tenant shall not make any additions, alterations, additions or changes improvements to the Premises (including, without limitation, the roof and wall penetrations) without the prior written consent of Landlord. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in the Leased Premises without first obtaining Lessor’s written approvalaccordance with all governmental laws, which approval will not be unreasonably withheld. Notwithstanding the foregoingordinances, Lessee may install in the Leased Premises any rules and regulations and all equipmentrequirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, trade fixturesor, furnishingsat Landlord's option and discretion, furniture the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other personal property used by Lessee in connection with its business (collectivelytrade fixtures as it may deem advisable, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify altering the structural integrity, foundation/slab, roof or exterior walls basic character of the Leased Premises (a “Structural Modification”)Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. Upon termination or expiration of the LeaseAll shelves, Lessee shall remove all of Lessee’s Property bins, machinery and shall restore the Leased Premises trade fixtures installed by Tenant may be removed by Tenant prior to the condition in which it existed prior to installation termination of the Lessee’s Property. In the event Lessee makes a permitted Structural Modificationthis Lease if Tenant so elects, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration termination of this Lease or upon earlier vacating of the Lease term provided herein, or, Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice primary structure or structural quality of the items to be removed, and shall be diligently conducted to completionBuilding. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 3 contracts

Sources: Lease Agreement (Daleen Technologies Inc), Lease Agreement (Daleen Technologies Inc), Lease Agreement (Daleen Technologies Inc)

Alterations. A. Lessee Tenant shall not make any additions, alterations, additions or changes in improvements to the Leased Premises premises (including, but not limited to, roof and wall penetrations) without first obtaining Lessor’s the prior written approval, which approval consent of Landlord. Such consent will not be unreasonably withheld. Notwithstanding denied provided the foregoing, Lessee may install in the Leased Premises any and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundationimprovements are building standard office/slab, roof or exterior walls of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Lease, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Propertywarehouse finishes. In the event Lessee makes Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a permitted Structural Modificationgood workmanlike manner erect such shelves, Lessor bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall have be and remain the option property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to elect whether their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such Structural Modification alterations, additions, improvements and partitions shall remain on the Leased Premises and become the property of Lessor Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration termination of this lease or upon earlier vacating of the Lease term provided herein, or, premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice primary structure or structural qualities of the items to be removed, building and shall be diligently conducted to completionother improvements situated on the premises. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 3 contracts

Sources: Lease Agreement (Hayes Corp), Lease Agreement (Hayes Corp), Lease Agreement (Hayes Corp)

Alterations. A. Lessee a) Tenant shall not create any openings in the roof or exterior walls, nor make any alterations, additions or improvements to the exterior Demised Premises without prior written consent of Landlord. Consent for minor alterations, additions, alterations, or changes in the Leased Premises without first obtaining Lessor’s written approval, which approval will improvements shall not be unreasonably withheldwithheld by Landlord. Notwithstanding Tenant shall have the foregoingright to make alterations and improvements to the interior of the building on the Demised Premises and at all times to install Tenant's shelves, Lessee may install in the Leased Premises any bins, machinery, equipment and all equipment, trade fixtures, furnishingsprovided Tenant complies with all applicable governmental laws, furniture ordinances and regulations, and further provided that such installations by Tenant shall not cause any structural or other personal property used by Lessee damage or deface the Demised Premises. Providing Tenant is not in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls default of any of the Leased Premises terms, covenants or conditions of this Lease, Tenant shall have the right to remove at the termination of this Lease such items so installed, including any machinery or equipment installed and paid for by Tenant, if any (a “Structural Modification”as specifically differentiated from any such equipment owned by Landlord). Upon ; however, Tenant shall, prior to the termination of this Lease, promptly repair any damage caused by such removal. b) Except as otherwise provided above regarding Tenant's right to remove certain installations or additions, all alterations, additions and improvements made by Tenant shall become the property of Landlord at the termination or expiration of the this Lease, Lessee shall or Landlord may require Tenant to remove all of Lessee’s Property such alterations, additions and shall improvements and any other property placed in or on the Demised Premises by Tenant and restore the Leased Premises property to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephoneits original condition, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, Tenant shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from damage caused by such removal. Such removal shall be completed on or before and leave the date of the expiration of the Lease term provided herein, or, Demised Premises in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, broom clean and shall be diligently conducted to completionorderly condition. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 2 contracts

Sources: Lease Agreement With Option to Purchase (Hanover Compressor Co), Lease Agreement With Option to Purchase (Hanover Compressor Co)

Alterations. A. Lessee After the Commencement Date, Tenant shall not make any additions, alterationschanges, alterations or changes improvements (“Alterations”) to the Premises or the Building, without the prior written consent of Landlord. All Alterations shall be at Tenant’s sole cost and shall be performed in a good and workmanlike manner and all materials used shall be of a quality comparable to those in the Leased Premises without first obtaining Lessorand the Building and shall be in accordance with plans and specifications approved by Landlord. All Alterations shall be performed in accordance with reasonable requirements established by Landlord, including, upon Landlord’s written approvalrequest, which approval will provision of a lien and completion bond in an amount equal to 150% of the cost of the Alterations. In any case, Tenant shall pay Landlord a reasonable fee to cover Landlord’s costs incurred in reviewing Tenant’s plans and specifications. Tenant shall maintain a safe working environment, including the continuation of all fire and security protection devices, if any, previously installed in the Premises by Landlord. All damages or injury done to the Premises or the Building by Tenant or by any persons who may be in or upon the Premises or the Building with the express or implied consent of Tenant, including but not limited to the cracking or breaking of any glass of windows and doors, shall be paid for by Tenant and Tenant shall pay for all damage to the Building caused by acts or omissions of Tenant or Tenant’s officers, contractors, subcontractors, agents, invitees, licensees, employees, successors or assigns. If Landlord consents to any Alterations by Tenant, the same shall not be unreasonably withhelddeemed a warranty as to the adequacy of the design, workmanship or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same. Notwithstanding the foregoingLandlord shall under no circumstances have any obligation to repair, Lessee may install in the Leased Premises maintain or replace any and portion of any Alterations. Except as otherwise provided herein, all equipmentAlterations, trade fixtures, furnishings, furniture and other except Tenant’s moveable personal property used that does not become a part of the Building shall remain in and be surrendered with the Premises as a part thereof at the expiration or sooner termination of this Lease. Landlord may require Tenant to remove any Alterations and to restore the Premises to its condition prior to the completion of any Alterations at the expiration or termination of the Term, such work to occur at Tenant’s expense and Tenant shall repair all damage to the Premises or Building occurring as a result of such removal or restoration. If Tenant fails to remove any Alterations as required by Lessee Landlord or repair any damage occurring during such removal, Landlord shall be entitled to remove any Alterations or make such repairs, at Tenant’s expense. Tenant shall comply with all applicable laws, codes and regulations in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Lease, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completionAlterations. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 2 contracts

Sources: Lease Agreement (Pacific Biometrics Inc), Lease Agreement (Pacific Biometrics Inc)

Alterations. A. Lessee Tenant shall not make any alterations, additions or improvements to the Premises (including, but not limited to, roof and wall penetrations or alterations, additions or improvements affecting building, mechanical or electrical systems or equipment) without the prior written consent of Landlord, which consent may be withheld in its sole discretion or may be conditioned on, among other things, proof of insurance coverage, payment and performance bonds, in forms, amounts and by companies acceptable to Landlord, and ▇▇▇▇▇▇▇▇'s review of Tenant's plans and specifications, ▇▇▇▇▇▇'s contractor and ▇▇▇▇▇▇'s building permit. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this Lease or changes in the Leased Premises without first obtaining Lessor’s written approval, which approval will not be unreasonably withheld. Notwithstanding the foregoing, Lessee may install in the Leased Premises any and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls upon earlier vacating of the Leased Premises (a “Structural Modification”). Upon Premises; provided, however, that if Landlord so elects prior to termination of this Lease or expiration upon earlier vacating of the LeasePremises, Lessee such alterations, additions, improvements and partitions shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and shall be delivered up to the Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration termination of this Lease or upon earlier vacating of the Lease term provided herein, or, Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in good workmanlike manner so as not to damage the event of early termination due buildings and other improvements situated on the Premises. Landlord shall have the right at any time and from time to default by Lessee, within a reasonable time after receipt of written notice to make changes or alterations to any portion of the items Project other than the Premises and Landlord shall not be subject to be removed, and shall be diligently conducted any liability with respect to completionsuch alterations. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 2 contracts

Sources: Lease Agreement (Homegrocer Com Inc), Lease Agreement (Advanced Materials Group Inc)

Alterations. A. Lessee (a) Tenant shall not make any additions, alterations, additions or changes in improvements to the Leased Premises (including, but not limited to, roof and wall penetrations) without first obtaining Lessor’s the prior written approvalconsent of Landlord, which approval will consent shall not be unreasonably withheld. Notwithstanding Tenant may, without the foregoingconsent of Landlord, Lessee but at its own cost and expense and in a good workmanlike manner, erect such shelves, bins, machinery and trade fixtures as it may install deem advisable, without altering the basic character or structure of the Premises or improvements and without overloading or damaging the Premises or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. Tenant shall not make any alterations, additions or improvements to the Leased Premises which will contravene Landlord's policies insuring against loss or damage by fire or other hazards, including but not limited to commercial general liability, or which will prevent Landlord from securing such policies in companies acceptable to Landlord. If any such alterations, additions or improvements cause the rate of fire or other insurance on the Premises by companies acceptable to Landlord to be increased beyond the minimum rate from time to time applicable to the Premises for permitted uses thereof, Tenant shall pay as additional rent the amount of any such increase promptly upon demand by Landlord. (b) Any and all equipmentalterations, trade fixturesadditions, furnishingsimprovements, furniture partitions and other personal property used fixtures erected by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Lease, Lessee Tenant shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become be the property of Lessor Landlord and shall remain at the Premises upon termination of the Lease or shall upon earlier vacating of the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days Tenant prior to the expiration termination of this Lease provided such removal may be accomplished without damage to the Premises or to the primary structure or structural qualities of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by LesseeBuilding and other improvements situated on the Premises. Notwithstanding Tenant shall repair any provision herein damage to the contraryPremises, HVAC systemsor to the Building as a result of any alteration, plumbing lines and fixturesaddition, electricalimprovement, telephoneor repair to the Premises, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) or the removal of which would alter personal property or trade fixtures by Tenant, its employees, agents, invitees, or contractors to the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects Should Tenant fail to have conduct any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt ten days of written notice of the items to be removedfrom Landlord, Landlord may, at its option, perform same, and Tenant shall be diligently conducted remit payment to completionLandlord for the actual cost and expense incurred by Landlord in effecting such repair immediately upon demand. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 2 contracts

Sources: Lease Agreement (Pharmaceutical Product Development Inc), Lease Agreement (Pharmaceutical Product Development Inc)

Alterations. A. Lessee Tenant shall not make any alterations, additions or improvements to the Premises (including but not limited to roof and wall penetrations) which cost in excess of $10,000.00 per project without the prior written consent of Landlord which shall not be reasonably withheld. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this Lease or changes in the Leased Premises without first obtaining Lessor’s written approval, which approval will not be unreasonably withheld. Notwithstanding the foregoing, Lessee may install in the Leased Premises any and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls upon earlier vacating of the Leased Premises (a “Structural Modification”). Upon Premises, provided, however, that if Landlord so elects prior to termination of this Lease or expiration upon earlier vacating of the LeasePremises, Lessee such alterations, additions, improvements and partitions shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and shall be delivered up to the Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration termination of this Lease or upon earlier vacating of the Lease term provided herein, or, Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in good workmanlike manner so as not to damage the event primary structure of early termination due to default by Lessee, within a reasonable time after receipt of written notice structural qualities of the items to be removed, buildings and shall be diligently conducted to completionother improvements situated on the Premises. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 2 contracts

Sources: Lease Agreement (Intracel Corp), Lease Agreement (Intracel Corp)

Alterations. A. Lessee shall Except for the Tenant Improvements, Tenant will not make any additions, alterations, additions or changes in improvements to the Leased Premises (including, but not limited to, roof and wall penetrations without first obtaining Lessor’s the prior written approval, which approval will consent of Landlord (not to be unreasonably withheld, or delayed). Notwithstanding Tenant may, without the foregoingconsent of Landlord, Lessee may install but at its own cost and expense and in the Leased Premises any and all a good workmanlike manner, erect such shelves, bins, machinery, movable lab benches, equipment, trade fixtures, furnishings, furniture fixtures (defined as any fixtures used by Tenant in its specific business and not paid for by Landlord) and other personal property used by Lessee in connection with its business (collectivelynon-structural interior improvements as it may deem advisable, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect altering the basic character or modify the structural integrity, foundation/slab, roof or exterior walls structure of the Leased Premises (a “Structural Modification”)or improvements and without overloading or damaging the Premises or Building, and in each case complying with all Applicable Laws. Upon termination Tenant will not make any alterations, additions or expiration of the Lease, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises improvements to the condition Premises which will contravene Landlord’s policies insuring against loss or damage by fire or other hazards, including but not limited to commercial general liability, or which will prevent Landlord from securing such policies in which it existed prior companies reasonably acceptable to installation Landlord. If any such alterations, additions or improvements cause the rate of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain fire or other insurance on the Leased Premises and become by companies acceptable to Landlord to be increased beyond the property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish minimum rate from time to Lessor, not less than 180 days prior time applicable to the expiration Premises for permitted uses thereof (as reasonably documented by Landlord), Tenant will pay as Additional Rent the amount of the Lease term, a written list of all Structural Modifications; within any such increase promptly upon demand by Landlord. Within thirty (30) days of receipt of this listreasonable documentation from Landlord following the completion of any alteration, Lessor addition, or improvement at the Premises by Tenant that requires the prior consent of Landlord, Landlord will furnish be reimbursed for any reasonable outside consultant or design professional costs actually incurred by Landlord to Lessee a written list review any plans or supervise construction work (not to exceed the lesser of $1,500.00 or 5% of Tenant’s “hard” construction costs). No such reimbursement will be required for any alteration, addition or improvement that does not require the consent of Landlord. Any and all Structural Modifications to alterations, additions, improvements, partitions and fixtures erected by Tenant will be removed by Lesseethe property of Landlord and will remain at the Premises upon termination of the Lease or upon earlier vacating of the Premises. Notwithstanding any provision herein to the contraryAll shelves, HVAC systemsbins, plumbing lines and fixturesmachinery, electrical, telephone, and data wiring and trade fixtures, and other fixtures (i) which are integrally incorporated into interior non-structural improvements installed by Tenant will remain the Leased personal property of Tenant and may be removed by Tenant prior to the termination of this Lease provided such removal may be accomplished without damage to the Premises and (ii) or Building that cannot be repaired by Tenant as set forth in this subparagraph. Prior to vacating the Premises, Tenant will repair any damage to the Premises or Building as a result of any alteration, addition, improvement, or repair to the Premises, or the removal of which would alter the structural integritypersonal property or trade fixtures by Tenant, foundation/slab or roof of the Leased Premises, shall constitute Structural Modificationsany Tenant Party. In the event Lessor elects Should Tenant fail to have conduct any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt ten (10) days of written notice of the items to be removedfrom Landlord, Landlord may, at its option, perform same, and shall be diligently conducted Tenant will remit payment to completion. B. Lessee Landlord for the actual cost and expense incurred by Landlord in effecting such repair promptly upon demand. Tenant will have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs, and each such claim will affect and each such lien will attach to, if at all, only the leasehold interest granted to Tenant by this instrument. Tenant covenants and agrees that it will pay or cause to keep be paid all sums legally due and payable by it on account of any labor performed or materials furnished in connection with any work performed on the premises free Premises at the request of Tenant on which any lien is or can be validly and clear legally asserted against its leasehold interest in the Premises or the improvements thereon and that it will save and hold Landlord harmless from any and all loss, cost or expense based on or arising out of all asserted claims or liens against the leasehold estate or against the right, title and encumbrances interest of whatsoever kind, granted or claimed by, through, Landlord in the Premises or under Lesseethe terms of this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Precision Biosciences Inc), Lease Agreement (Precision Biosciences Inc)

Alterations. A. Lessee 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 make, suffer or permit to be made any additions, alterations, additions or changes in improvements to or of the Leased Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Lessor’s Landlord's written approvalconsent. With respect to any alteration, addition or improvement which approval will does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld. Notwithstanding withheld (and Landlord's consent shall not be required if the foregoing, Lessee may install in the Leased Premises any and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls cost of the Leased Premises (a “Structural Modification”aforesaid type of alteration is less than $15,000.00). Upon 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 a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the expiration or earlier termination or expiration of the Lease, Lessee shall remove all of Lessee’s Property Lease Term and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant to have Tenant remove such alterations, additions and become 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, the property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish Demised Premises to Lessor, not less than 180 days its condition prior to the expiration installation of such alterations, additions and improvements, normal wear and tear excepted. Tenant shall under no circumstances be required to remove any alterations, additions and improvements which are part of the Lease terminitial improvement of the Demised Premises which do not require Landlord's consent, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) or which are integrally incorporated into the Leased Premises and made with Landlord's consent (ii) unless the removal requirement is specified by Landlord at the time of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modificationsinitial approval). In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removalSee Special Stipulation No. Such removal shall be completed on or before the date of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completion39. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 2 contracts

Sources: Lease Agreement (Healtheon Corp), Lease Agreement (Healtheon Corp)

Alterations. A. Lessee All alterations, additions and improvements, except trade fixtures, installed at expense of Tenant, shall not make any become the property of Landlord and shall remain upon and be surrendered with the leased premises as a part thereof on the termination of this lease. Such alterations, additions, alterations, or changes in and improvements may only be made with the Leased Premises without first obtaining Lessor’s prior written approvalconsent of Landlord, which approval will consent shall not be unreasonably withheld. Notwithstanding If consent is granted for the foregoingmaking of improvements or alterations to the leased premises, Lessee may install such improvements and alterations shall not commence until Tenant has furnished to Landlord a certificate of insurance showing coverage in an amount satisfactory to Landlord protecting Landlord from liability for injury to any person and damage to any personal property, on or off the Leased Premises any and all equipmentleased premises, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectivelythe making of such improvements or alteration. No cooling tower, “Lessee’s Property”) without obtaining Lessor’s approvalequipment, unless such installation would affect or modify structure of any kind shall be placed on the structural integrity, foundation/slab, roof or exterior walls elsewhere on the leased premises by Tenant without prior written permission of Landlord. If such permission is granted, such work or installation shall be done at Tenant's expense and in such a manner that the Leased Premises (a “Structural Modification”)roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily so that repairs to the roof can be made, Tenant shall promptly remove and reinstall the cooling tower, equipment or structure at Tenant's expense and repair at Tenant's expense any damage resulting from such removal or reinstallation. Upon termination or expiration of the Leasethis lease, Lessee Tenant shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications cause to be removed by Lessee. Notwithstanding any provision herein to from the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removedcooling tower, Lessee agrees equipment or structure if directed to pay all costs of and do so by Landlord. Tenant shall promptly repair at its expense any damages resulting from such removal. Such removal At the termination of this lease, Tenant shall deliver the leased premises in good order and condition, natural deterioration only excepted. Any damage caused by the installation of trade fixtures shall be completed on or before the date of repaired at Tenant's expense prior to the expiration of the Lease term provided hereinlease term. All alterations, orimprovements, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removedadditions, and repairs made by Tenant shall be diligently conducted to completionmade in good and workmanlike manner. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 2 contracts

Sources: Commercial Lease, Commercial Lease

Alterations. A. Lessee All alterations, additions and improvements, except trade fixtures, installed at expense of Tenant, shall not make any become the property of Landlord and shall remain upon and be surrendered with the leased premises as a part thereof on the termination of this lease. Such alterations, additions, alterations, or changes in and improvements may only be made with the Leased Premises without first obtaining Lessor’s prior written approvalconsent of Landlord, which approval will consent shall not be unreasonably withheld. Notwithstanding If consent is granted for the foregoingmaking of improvements or alterations to the leased premises, Lessee may install such improvements and alterations shall not commence until Tenant has furnished to Landlord a certificate of insurance showing coverage in an amount satisfactory to Landlord protecting Landlord from liability for injury to any person and damage to any personal property, on or off the Leased Premises any and all equipmentleased premises, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectivelythe making of such improvements or alterations. No cooling tower, “Lessee’s Property”) without obtaining Lessor’s approvalequipment, unless such installation would affect or modify structure of any kind shall be placed on the structural integrity, foundation/slab, roof or exterior walls elsewhere on the leased premises by Tenant without prior written permission of Landlord. If such permission is granted, such work or installation shall be done at Tenant's expense and in such a manner that the Leased Premises (a “Structural Modification”)roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily, so that repairs to the roof can be made. Tenant shall promptly remove and reinstall the cooling tower, equipment or structure at Tenant's expense and repair at Tenant's expense any damage resulting from such removal or reinstallation. Upon termination or expiration of the Leasethis lease, Lessee Tenant shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications cause to be removed by Lessee. Notwithstanding any provision herein to from the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removedcooling tower, Lessee agrees equipment or structure if directed to pay all costs of and do so by Landlord. Tenant shall promptly repair at its expense any damages resulting from such removal. Such At the termination of this lease, Tenant shall deliver the leased premises in good order and condition, natural deterioration only excepted. Any damage caused by the installation or removal of trade fixtures shall be completed on or before the date of repaired at Tenant's expense prior to the expiration of the Lease term provided hereinlease term. All alterations, orimprovements, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removedadditions, and repairs made by Tenant shall be diligently conducted to completionmade in good and workmanlike manner. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 2 contracts

Sources: Commercial Lease (United Oilfield Services Inc), Commercial Lease (Penge Corp)

Alterations. A. Lessee a. Tenant shall not make any additionsalterations or additions to the interior of the Premises which are visible from the exterior of the premises, alterationsto the exterior of the Premises, or changes to the structural, mechanical, plumbing, or electrical systems of the Building without the express written permission of the Landlord. Notwithstanding the foregoing, the Landlord acknowledges that as part of the Tenant Work, Tenant will be installing roof top or ground-mounted enclosed refrigeration equipment which will service its coolers and freezers, in a location specified by the Leased Premises without Landlord; provided, however, any roof top equipment must be screened in a manner reasonably acceptable to Landlord and must comply with the Covenant Documents and all Governmental Authorities. Such refrigeration equipment for coolers and freezers (which expressly excludes HVAC for normal heating and cooling) shall be deemed to be Tenant’s Property which shall be removed by Tenant at the expiration of the Lease Term or earlier termination of the Lease. Tenant shall use Landlord’s then-current roof contractor for purposes of (i) installation and placement of the refrigeration equipment and any piercing of the roof membrane in order to facilitate the installation thereof, and (ii) removal of the refrigeration equipment and repair/restoration of the roof membrane to its original weather-resistant condition as of the Ready for Occupancy Date, ordinary wear and tear excepted. Notwithstanding anything in this Lease to the contrary, Tenant shall be responsible for its roof penetrations and any problems arising from such penetrations including any repairs to interior portions of the Premises. b. Tenant shall begin alterations or additions to the interior of the Premises, only after first delivering to Landlord the plans and specifications therefor and obtaining LessorLandlord’s written approvalconsent, which approval consent will not be unreasonably withheld, conditioned or delayed. Landlord’s approval of any Tenant plans, specifications or drawings under this Lease shall create no liability for Landlord for their completeness, design sufficiency, or compliance with Governmental Authorities or applicable codes or laws. Tenant shall promptly pay for the costs of all such alterations and additions regardless of the cost, and shall indemnify Landlord against liens, costs, damages, and expenses incurred by Landlord in connection therewith, including any attorneys’ fees incurred by Landlord if Landlord shall be joined in any action or proceeding involving such work. Landlord may, at its option, pay sums due in order to release such liens, in which event any such sums paid by Landlord shall be due to Landlord by Tenant as Additional Rent, upon demand. Under no circumstance shall Tenant commence any such work until Landlord has been provided with certificates evidencing that all the contractors and subcontractors performing such work have in full force and effect adequate worker’s compensation insurance and all permits and licenses as required by Governmental Authorities. All alterations and additions shall be completed by Tenant in accordance with Exhibit B to the Work Letter. All consents given by Landlord in reference to such improvements shall be deemed conditioned upon: (i) Tenant acquiring all applicable permits required by any Governmental Authorities; (ii) the furnishing of copies of such permits together with a copy of the plans and specifications for the alteration to Landlord prior to commencement of the work thereon and prior to the submission for approval to any Governmental Authorities having jurisdiction; and (iii) the compliance by Tenant with all conditions of said permits in a prompt and expeditious manner Any alterations by Tenant shall be done in a good and workmanlike manner, with good and sufficient materials, and be in compliance with all Governmental Authorities, laws, and codes. Tenant shall promptly upon completion thereof furnish Landlord with as built plans and specifications therefor and copies of any approvals, permits and certificates given by any applicable Governmental Authorities. After the Tenant opens for business to the public, the Tenant will not require the Landlord’s consent to make permitted alterations to the Premises that cost fifty thousand ($50,000) or less, are not visible from the exterior of the Premises, and do not affect the Building structure, systems, exterior, or any electrical, plumbing or mechanical systems of the Premises/Building, and for which: (i) Tenant first provides written notice to the Landlord to permit it post notifications of non-liability at the Premises as permitted by this Lease; (ii) Tenant obtains any permits required by any Governmental Authority; (iii) Tenant undertakes such alterations in a commercially reasonable fashion; and (iv) Tenant provides the Landlord with “as-built” plans (if applicable) upon the completion of the alterations. In the event any remodeling, improvements, fixturing or modification to the Premises by Tenant results in or causes the Premises or the Shopping Center to be subject to any change or modified compliance with any laws, rules or regulations then Tenant shall pay for and reimburse Landlord for all costs or expenses, including management costs, reasonably necessary to bring any part or all of the Premises or Shopping Center into compliance therewith. Within five (5) days after notifying Landlord of any planned erection, construction, alteration, removal, addition, repair or other improvement, Landlord shall post, and Tenant shall keep posted until completion of such work, in a conspicuous place upon the doors providing entrance to the Premises, notices of non-responsibility as permitted by Governmental Authorities, stating that Landlord’s interests in the Shopping Center shall not be subject to any lien for such work. c. Landlord acknowledges and agrees that all furniture, trade fixtures, equipment, machinery, cabinetwork, check-out counters, wiring used to serve the check-out counters, roof-top or ground-based refrigeration equipment, coolers, chillers, walk-in or reach-in refrigeration equipment, movable partitions, signs, and any property bearing any of the Tenant’s trade names or trademarks, whether registered or unregistered, and all other items of personal property which Tenant utilizes to conduct its business on the Premises which may be installed in or upon the Premises at Tenant’s cost (whether or not reimbursed by Landlord as a construction cost), (excluding however those items which constitute essential building systems (such as base lighting, electrical, plumbing, mechanical, ceiling, bathroom fixtures, HVAC, etc.) and all fire-safety items, flooring, water heaters, interior walls, partitions, and doors, additional utility work (if applicable), grease trap (if applicable), and parapet/facade renovation (if applicable)) (collectively “Trade Fixtures”), shall not be deemed to become a part of the Premises, and whether or not they become a component part of the Premises, the Trade Fixtures are and shall remain the property of Tenant and shall be treated as moveable trade fixtures for the purpose of this Lease. Tenant, at its own cost and expense, may install, place, reinstall or replace upon the Premises, or remove from the Premises, any such Trade Fixtures . Any replacement or additional Trade Fixtures shall not become the property of the Landlord but shall remain Tenant’s property the same as the original Trade Fixtures. All Trade Fixtures shall be removed by Tenant at the termination of this Lease. Tenant shall repair all damage to the Premises caused by any such removal. If Tenant fails to timely perform such removal obligations or if Landlord repairs any damage caused by such removal and not repaired by Tenant as herein provided, then the costs and expenses thereof incurred by Landlord may be recovered by Landlord from Tenant. d. Landlord acknowledges and agrees that Tenant’s Trade Fixtures may be leased from an equipment lessor and that Tenant may execute and enter into an equipment lease with respect to such Trade Fixtures. Landlord shall execute and deliver a document substantially in the form of the Landlord’s Release and Waiver attached hereto as Exhibit D and made a part hereof, in which Landlord: (i) acknowledges and agrees that the Trade Fixtures constitute the personal property of Tenant, and shall not be considered to be part of the Premises, regardless of whether or by what means they become attached thereto; (ii) agrees that it will not claim any interest in such Trade Fixtures; (iii) agrees that any equipment lessor may enter the Premises on or prior to the termination of the Lease for the purpose of exercising any right it may have under the provisions of any equipment lease, including the right to remove such Trade Fixtures, provided that such equipment lessor agrees to repair any damage resulting from such removal and under no circumstances shall be allowed to conduct a sale of the equipment from the Premises; and (iv) any such other provisions as may be common. Landlord subordinates any statutory landlord’s lien and any attachment for rent on the Trade Fixtures that Landlord may have or may hereafter acquire. e. Tenant may install, operate and maintain rooftop satellite communication equipment (Satellite Equipment) on the roof of the Shopping Center above the Premises for use by Tenant in the Premises; provided, however, Tenant shall be required to utilize Landlord’s roofing contractor to the extent required to preserve any applicable roof warranties with respect to any work relating to the puncture or penetration of the roof or attaching any items to the roof. Tenant shall be solely responsible for the installation of the Satellite Equipment and shall, as a condition to installing and maintaining the Satellite Equipment and at Tenant’s sole cost and expense, secure all necessary consents and approvals from all applicable governmental authorities to construct, operate and maintain the Satellite Equipment. Tenant agrees to locate and screen all cables and other equipment and facilities connecting the Satellite Equipment to the Premises in locations reasonably designated by Landlord. Tenant agrees to indemnify, defend and hold harmless Landlord from and against all losses, damages, costs and expenses arising from or relating to the installation, maintenance and repair of the Satellite Equipment, and the Satellite Equipment shall be considered part of the Premises for purposes of Tenant’s maintenance, indemnity and insurance obligations under this Lease. All such equipment shall be installed and maintained by Tenant in good repair and working condition, in accordance with applicable laws, ordinances, rules and regulations and in compliance with the requirements of the insurers of the Shopping Center. Tenant shall pay all taxes of any kind or nature whatsoever levied upon the Satellite Equipment and all charges, expenses and other costs of any nature whatsoever relating to the installation, ownership, maintenance and operation of the Satellite Equipment. The installation and operation of the Satellite Equipment shall not interfere with the safety or operation of the Shopping Center nor cause any labor dispute, nor shall the Satellite Equipment interfere with the communications facilities of any other tenant of the Shopping Center. Upon expiration or earlier termination of this Lease, Tenant shall remove all of the Satellite Equipment and shall be responsible for the repair, painting, and/or replacement of the roof system building surface to which the Satellite Equipment is attached. f. Tenant will not be permitted to install and/or maintain any sales areas or other features in the Common Areas without the express written consent of Landlord. Notwithstanding the foregoing, Lessee the Tenant may install in the Leased Premises any and install, one or more: cart corrals,; outdoor bicycle racks, and, picnic, or similar tables all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Lease, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises at locations to be mutually acceptable to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises Landlord and become the property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completion. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.Tenant

Appears in 2 contracts

Sources: Shopping Center Lease, Shopping Center Lease (Natural Grocers by Vitamin Cottage, Inc.)

Alterations. A. Lessee shall not Absent Landlord’s written consent, Tenant may make any additionsno alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, or changes installations and improvements (the “Alterations”) to the Office provided they are nonstructural in the Leased Premises without first obtaining Lessor’s written approvalnature, which approval will do not be unreasonably withheldeffect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Notwithstanding the foregoingBefore making Alterations, Lessee may install in the Leased Premises Tenant shall obtain all permits, approvals, certificates required by any and all equipment, trade fixtures, furnishings, furniture and municipal authorities or other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls agencies having jurisdiction of the Leased Premises (and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a “Structural Modification”). Upon termination mechanic’s lien be filed against the Office and/or Premises, for work done or expiration of the Lease, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises claimed to have been done or materials supplied for Tenant or to the condition Office, Tenant shall pay or cause to be paid or file a bond in which it existed prior to installation of the Lesseeamount stated in the mechanic’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; lien within thirty (30) days of receipt said filing at Tenant’s sole cost and expense. Any installation of this listmaterials, Lessor will furnish fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon T▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to Lessee a the installations by giving Tenant thirty (30) days written list notice prior to the Termination Date of all Structural Modifications to such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed by Lesseeupon the Termination Date. Notwithstanding Nothing herein is meant to give Landlord any provision herein ownership rights in and to the contrary, HVAC systems, plumbing lines and Tenant’s trade fixtures, electrical, telephone, office furniture and data wiring equipment which can be easily moved. Upon the Termination Date and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal surrender of which would alter the structural integrity, foundation/slab or roof possession of the Leased PremisesOffice, Tenant shall constitute Structural Modifications. In the event Lessor elects remove all personal property and installations to have any such Structural Modifications removed, Lessee agrees to pay all costs of which L▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair any damages resulting from such removalthe Office to that condition existing on the Commencement Date. Such removal Any and all property of Tenant remaining in the Office after the Termination Date shall be completed on deemed abandoned by Tenant and Landlord may either retain such abandoned property or before the date of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completion. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.may remove such abandoned property at Tenant’s expense

Appears in 2 contracts

Sources: Office Lease (McTc Holdings, Inc.), Office Lease (McTc Holdings, Inc.)

Alterations. A. Lessee (a) Tenant shall not make make, or permit to be made, any additions, alterations, additions or changes in improvements to the Leased Premises Premises, or any part thereof, without first obtaining Lessor’s the prior written approvalconsent of Landlord, which approval will consent shall not be unreasonably withheld. Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement to the Premises. Any alterations, additions or improvements to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord and approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the foregoingcontrary herein, Lessee Tenant may install construct non-structural alterations, additions and improvements in the Leased Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and all equipment(iii) Tenant provides Landlord with prior notice of any such alterations, trade fixturesadditions or improvements, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls including a reasonably detailed description of the Leased alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises (a “Structural Modification”at the expiration or sooner termination of this Lease. In any event, Landlord shall have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Upon termination or expiration Tenant shall not, however, be required to remove any of the Lease, Lessee shall remove all of Lessee’s Property and shall restore Tenant Improvements from the Leased Premises Premises. Notwithstanding anything to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modificationcontrary herein, Lessor Tenant shall have the option right to elect whether such Structural Modification install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the installation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall remain on have reasonable approval rights over any alterations to the Leased Premises which may be required to install Tenant’s security system. (b) All additions, alterations or improvements, including, but not limited to, heating, lighting, electrical, air conditioning, fire extinguishers, lighting fixtures, ballasts, light globes, and tubes, hot water heaters, fixed partitioning, drapery, wall covering and paneling, built-in cabinet work and carpeting installations made by Tenant, together with all property that has become an integral part of the Building, shall at once be and become the property of Lessor Landlord, and shall not be deemed trade fixtures, but any or shall be removed by Lessee at Lessee’s expenseall are subject to removal pursuant to paragraph 10 hereof. Lessee shall furnish to Lessor, not less than 180 days prior Notwithstanding anything to the expiration of the Lease termcontrary herein, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and Tenant’s trade fixtures, electricalfurniture, telephone, and data wiring and fixtures, equipment and other fixtures personal property installed in the Premises (i“Tenant’s Property”) which are integrally incorporated into shall at all times be and remain Tenant’s property. Tenant may remove Tenant’s Property from the Leased Premises and (ii) the removal of which would alter the structural integrityat any time, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay provided that Tenant repairs all costs of and repair any damages resulting from damage caused by such removal. Such removal Landlord shall be completed on have no lien or before the date other interest in any item of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completionTenant’s Property. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 2 contracts

Sources: Lease Agreement (Silk Road Medical Inc), Lease Agreement (Silk Road Medical Inc)

Alterations. A. Lessee Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements in or to the Sublease Premises shall not make any additions, alterations, or changes in be subject to (i) the Leased Premises without first obtaining Lessor’s prior written approval, consent of Sublandlord (which approval will shall not be unreasonably withheld. Notwithstanding the foregoing) and Master Landlord, Lessee may install in the Leased Premises any and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Lease, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal terms and conditions of which would alter this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the structural integrity, foundation/slab or roof Master Lease Premises prior to the Commencement Date of the Leased Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall constitute Structural Modificationsreasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date performance of the expiration Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the Tenant Improvements described in the Master Lease. Subtenant hereby agrees and acknowledges that, due to safety, security and other reasonable considerations arising in connection with the performance of any alterations, additions or improvements by or on behalf of Sublandlord, Subtenant may not have access to the entire Sublease Premises during the construction or installation of certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall reasonably cooperate with each other to afford Subtenant access to and use of as much of the Lease term Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or improvements. Anything herein to the contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided hereinSublandlord the certificates of insurance required by Section 4.4 hereof, or, in (ii) Subtenant has delivered to Sublandlord the event monthly installment of early termination Base Rent due to default by Lessee, within a reasonable time after receipt of written notice of the items first month of the Sublease Term and the security deposit referred to be removed, in Section 5.4 of this Sublease and shall be diligently conducted (iii) Master Landlord has consented to completionthis Sublease. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 2 contracts

Sources: Sublease (Pulmonx Corp), Sublease (Pulmonx Corp)

Alterations. A. Lessee Tenant shall not make nor permit to be made any ----------- alterations or improvements to the Premises without obtaining Landlord's prior written consent which shall not be unreasonably withheld, and then only by contractors or mechanics approved by Landlord. Landlord shall generally consent to alterations, additions, or improvements which do not affect the value of the Premises significantly and which do not affect the structure or operation of the Building. Tenant covenants and agrees that all work done by Tenant shall be performed in full compliance with any and all applicable laws, statutes, rules, orders, ordinances, regulations, and requirements of the federal, state, and local governments, and all their departments and bureaus, as well as the requirements of the Association of Fire Underwriters, or similar governing insurance body. Unless otherwise approved by Landlord, all alterations, additions, and improvements to the Premises shall be made by Landlord. Landlord shall pay for the cost of any alterations, additions, and improvements to the Premises only to the extent Landlord agrees to do so by a separate written agreement with Tenant. Otherwise, Tenant shall pay all costs for such additions, alterations, and improvements including any additions, alterations, or changes in and improvements to the Leased Premises without first obtaining Lessor’s written approvalrequired by any governmental agency during the term of this Lease, which approval will not be unreasonably withheldcosts shall include a reasonable overhead and profit charge by Landlord. Notwithstanding Tenant shall report all costs incurred by Tenant for any alterations, additions, or improvements made by Tenant to the foregoingPremises and shall permit Landlord to examine all contracts and records relating to such alterations, Lessee may install in additions, or improvements. All alterations, additions, and improvements to the Leased Premises any and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect Landlord or modify the structural integrity, foundation/slab, roof or exterior walls Tenant shall become part of the Leased Premises (a “Structural Modification”). Upon termination or expiration realty and belong to Landlord and, at the end of the Leaseterm hereof, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises without compensation of any kind to Tenant, except that any trade fixtures which are installed and become paid for by Tenant shall remain the property of Lessor or shall Tenant and may be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior Tenant during the term of this Lease provided Tenant repairs any damage to the expiration remaining improvements of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed Premises caused by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter such fixtures. Moveable furniture and equipment of Tenant shall remain the structural integrity, foundation/slab or roof property of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completionTenant. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 2 contracts

Sources: Office Building Lease (Physicians Quality Care Inc), Office Building Lease (Physicians Quality Care Inc)

Alterations. A. Lessee Tenant shall not make alterations and additions to Tenant's space except in accordance with plans and specifications therefor first approved by Landlord, which approval shall not be unreasonably withheld. However, Landlord's determination of 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 under Section 3.1) which (a) in Landlord's opinion might adversely affect any structural or exterior element of the Building, any area or element outside of the Premises, or any facility serving any area of the Building outside of the Premises, or (b) involve or affect the exterior design, size, height, 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 that 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. 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 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. Within thirty (30) days after receipt of an invoice from Landlord, Tenant shall reimburse Landlord for the third party costs and expenses incurred by Landlord to review Tenant's plans and Tenant's work but in no event more than $1,000.00 for each alteration project proposed by Tenant. 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 except for any additions, alterations, or changes other improvements which Tenant requests to remain in the Leased Premises without in Tenant's notice seeking Landlord's consent (which notice shall specifically refer to this Section 3.6) and for which Landlord specifically agrees in writing may remain in the Premises. 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 obtaining Lessor’s 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 workmen's compensation insurance in statutory amounts covering all the contractor's and subcontractor's employees and commercial general liability insurance or comprehensive general liability insurance with a broad form comprehensive liability endorsement with such limits as Landlord may reasonably require, but in no event less than $2,000,000.00 combined single limit per occurrence on a per location basis (all such insurance to be written approvalin companies approved by Landlord and naming and insuring Landlord and Landlord's managing agent as additional insureds and insuring Tenant as well as the contractors), and to deliver to Landlord certificates of all such insurance. 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 Premises or the Buildings or the Site and immediately to discharge any such liens which approval will not be unreasonably withheldmay so attach. Tenant shall pay, as Additional Rent, 100% of 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. 3.6.1 Notwithstanding the foregoingterms of Section 3.6, Lessee may install in the Leased Premises any and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Lease, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor Tenant shall have the option right, without obtaining the prior consent of Landlord, to elect whether such Structural Modification shall remain 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 - 27 - signs on the Leased Premises window); (ii) the same do not affect the roof, walls, any structural element of the Building, the mechanical, electrical, plumbing, heating, ventilating, air-conditioning and become fire protection systems of the property Building; (iii) the cost of Lessor any individual alteration, addition, or improvement shall be removed not exceed $2,500.00 and the aggregate cost of said alterations, additions or improvements made by Lessee Tenant during the Lease Term shall not exceed $10,000.00 in cost; and (iv) Tenant shall comply with the provisions of this Lease and if such work increases the cost of insurance or taxes or of services, Tenant shall pay for any such increase in cost; 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 detail and provided further that Landlord, by notice to Tenant given at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 least twenty (20) days prior to the expiration or earlier termination of the Lease termTerm, a written list of all Structural Modifications; within thirty (30) days of receipt of this listmay require Tenant to restore the Premises to its condition prior to such alteration, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab addition or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of improvement at the expiration or earlier termination of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completionTerm. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 2 contracts

Sources: Lease Agreement (Unica Corp), Lease Agreement (Unica Corp)

Alterations. A. Lessee Tenant shall not make any additionsalterations. additions or improvements to the premises (including, alterationswithout limitation, or changes in the Leased Premises roof and wall penetrations) without first obtaining Lessor’s the prior written approvalconsent of Landlord, which approval will consent shall not be unreasonably withheld. Notwithstanding Tenant may, without the foregoingconsent of Landlord, Lessee may install but at its own cost and expense and in the Leased Premises any and all equipmenta good workmanlike manner erect such shelves, trade fixturesbins, furnishings, furniture machinery and other personal trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approvalof Tenant during the term of this lease and Tenant shall, unless such installation would affect Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or modify the structural integrity, foundation/slab, roof or exterior walls upon earlier vacating of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Leasepremises; provided, Lessee however, that if at such time Landlord so elects such alterations, additions, improvements and partitions shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor Landlord as of the date of termination of this lease or upon earlier vacating of the premises and title shall pass to Landlord under this lease as by a bill ▇▇ sale. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration termination of this lease or upon earlier vacating of the Lease term provided hereinpremises if required by Landlord: upon any such removal, orTenant shall restore the premises to their original condition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements within which the premises are situated. If Landlord shall, in its sole discretion, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the event same in accordance with all governmental laws, ordinances, rules and regulations and shall, prior to construction, provide such assurances to Landlord, (including but not limited to, waivers of early termination due lien, surety company performance bonds and personal guaranties of individuals of substance) as Landlord shall require to default by Lesseeprotect Landlord against any loss from any mechanics', within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completion. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted laborers' or claimed by, throughmaterialmen's liens, or under Lesseeother liens.

Appears in 1 contract

Sources: Lease Agreement (Ameriquest Technologies Inc)

Alterations. A. Lessee Tenant shall not make any additions, alterations, additions or changes in improvements to the Leased Premises premises (including but not limited to roof and wall penetrations) without first obtaining Lessor’s the prior written approvalconsent of Landlord, which approval will consent shall not be unreasonably withheldwithheld if the proposed alteration, addition or improvement is non-structural, is not visible from the exterior of the building and does not affect any building system. Notwithstanding Tenant may, without the foregoingconsent of Landlord, Lessee but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may install deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in the Leased Premises any and each case complying with all equipmentapplicable governmental laws, trade fixturesordinances, furnishings, furniture regulations and other personal requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property used of Tenant during the term of this lease and Tenant shall, if Landlord so elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Lessee in connection with its business (collectivelyTenant and restore the premises to their original condition, “Lessee’s Property”) without obtaining Lessor’s approvalreasonable wear and tear excepted, unless such installation would affect by the date of termination of this lease or modify the structural integrity, foundation/slab, roof or exterior walls upon earlier vacating of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Leasepremises; otherwise such alterations, Lessee additions, improvements and partitions shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by Lessee the date of termination of this lease or upon earlier vacating of the premises if required by Landlord: upon any such removal Tenant shall restore the premises to their original condition, reasonable wear and tear excepted. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements situated on the premises. If requested to do so by Tenant in writing at Lessee’s expense. Lessee shall furnish the time Tenant requests Landlord's consent to Lessora proposed alteration, not less than 180 days prior addition or improvement, Landlord will indicate in its consent to the expiration of the Lease termproposed alteration, a written list of all Structural Modifications; within thirty addition or improvement (30assuming that Landlord otherwise consents thereto) days of receipt of this list, Lessor whether Landlord will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) require the removal of which would alter such alteration, addition or improvement upon the structural integritytermination of this Lease. Otherwise, foundation/slab Landlord may elect to require Tenant to remove any alteration, addition or roof improvement made by Tenant to the premises, or all or any part of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on Landlord's Work or before the date of the expiration of the Lease term Tenant's Work (as provided herein, or, in the event of early termination due to default Paragraph 31) by Lessee, within a reasonable time after receipt of giving written notice to Tenant at any time prior to termination of this lease specifying the items alterations, additions and/or improvements to be removed, and shall be diligently conducted to completion. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Lease Agreement (Compucom Systems Inc)

Alterations. A. Lessee The TENANT shall not make any additions, permanent alterations, redecorate or changes in the Leased Premises without first obtaining Lessor’s written approval, which approval will not be unreasonably withheld. Notwithstanding the foregoing, Lessee may install in the Leased Premises remove any and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls portion of the Leased Premises (a “Structural Modification”). Upon termination building, exterior or expiration interior, without the written consent of the LeaseHousing Office. The Management will perform on a scheduled program the painting of apartments. Should TENANT damage or depreciate the unit, Lessee the TENANT shall remove all pay the full cost of Lessee’s Property and shall restore restoring the Leased Premises premises to its prior condition. Locks may only be altered or replaced by the condition LANDLORD. ANIMALS: NO animal or pets are permitted in which it existed prior to installation CST Housing without the express approval of the Lessee’s PropertyCampus Housing Office. In A non- refundable pet fee, current records of sterility and immunizations, and a signed Pet Agreement are required. ANNUAL RENT INCREASE: CST Housing rental rates are subject to annual increase every June 1st. TENANTS will be provided written notice of the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, increase not less than 180 sixty (60) days prior in advance. ANTENNAS: The TENANT shall obtain written permission from the Housing Office before installing or causing to be installed any television, satellite dish, radio, stereo, or short-wave antennas to the expiration building exterior. APPLIANCES: Each apartment is supplied with a stove/oven and a refrigerator. Charges for replacement of refrigerator drawers, shelves, ice trays, or other items which is beyond the normal wear and tear will be absorbed by the TENANT. Upon approval from the Housing Office you may make a request to house an additional appliance with certain restrictions. ASBESTOS DISCLOSURE: California Assembly Bill 3713 mandates that we notify all students and TENANTS who occupy College buildings of the Lease termpresence of asbestos in the buildings. While asbestos may be present in the older apartments, it should be underscored that it is not in a location or form that present a danger to TENANTS who occupy these buildings. Please be assured that we are committed to maintaining a safe environment for all TENANTS. BALCONIES/WALKWAYS/PATIOS: Public balconies must not be used as storage areas and must be free of clutter. Open flame and cooking is prohibited on any balcony/walkway/patio. BICYCLES: All bikes must be parked at the bike racks located in the parking areas or under the covered stair areas or in the individual patio or balcony areas of the TENANT’S apartment. CST does not allow bicycles to be left in doorways, walkways, stairways, landings, attached to light posts or signs, or in any common areas. TENANTS are responsible and liable for bicycles owned by them and their children. CHECK-IN & CHECK-OUT: Before checking in, the Housing Services Coordinator will make sure the apartment is clean. The TENANT will make an appointment with the Director of Housing to check-in to an apartment. Before checking out, each TENANT must fill out a Notice of Intent to Vacate Form or give written list of all Structural Modifications; notice within thirty (30) days of receipt the move-out date, and must make an appointment with the Director of this listHousing to schedule a check-out, Lessor at which time the TENANT will furnish to Lessee return all keys, laundry cards, provide a written list of forwarding address, and pay all Structural Modifications to be removed by Lesseeoutstanding balances. Notwithstanding any provision herein The TENANT is responsible for returning all keys, laundry cards, and a forwarding address to the contrary, HVAC systems, plumbing lines Housing Office during normal business hours. CHILDREN: Parents are responsible for their children's actions and fixtures, electrical, telephone, activities. Children must be accompanied and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modificationssupervised at all times. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration of the Lease term provided herein, or, Do not leave toys in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completionpublic areas. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Residential Lease Agreement

Alterations. A. Lessee shall not make any additionsCharterer has proposed certain alterations to the Vessel as detailed in Exhibit C to be performed shortly after Charterer is to take delivery of the Vessel from Owner. Owner hereby provides its consent to such alterations, but assumes no liability or responsibility and makes no representation or warranty as to the feasibility of the alterations, the ability to complete the alterations within budgeted costs, the qualifications of the shipyard to perform the alterations, or changes the ability of Charterer to obtain Coast Guard and classification society approvals required for the certification of the altered Vessel for any purpose, including Charterer's intended use and operation of the Vessel. Owner and Charterer agree that the costs of such alterations shall be paid solely to the extent of funds held in a blocked account for the Leased Premises without first obtaining Lessor’s benefit of Owner, solely in accordance with that certain Account Agreement of even date herewith among Charterer, Owner, Cruise Holdings I, LLC, PDS Funding 2004-A, LLC and Silver State. Charterer's failure to complete the alterations for any reason, including impossibility of performance, the failure of the shipyard to complete the work, costs overruns, or the failure to obtain certification for the altered Vessel, will not excuse Charterer from its obligation hereunder including its obligation to pay monthly Charter Hire as set forth in Article 3 and this Charter will continue in full force and effect regardless of any such failure hereunder. B. From time to time after delivery of the Vessel into the Charterer's service, the Charterer may make structural and other alterations to the Vessel, its machinery, or electrical equipment, only with Owner's prior written approval, which approval will shall not be unreasonably withheld. Notwithstanding , provided the foregoing, Lessee may install in alterations to the Leased Premises any Vessel and all equipment, trade fixtures, furnishings, furniture its equipment are returned to their original state at or prior to the termination of this Charter and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls Redelivery of the Leased Premises (Vessel to Owner. Owner, however, has the option to retain any alterations made by Charterer at a “Structural Modification”)mutually agreed price. Upon termination In addition, leased equipment may be placed on board the Vessel by the Charterer. At the time of Redelivery, the Owner has the right at Owner's expense to continue any equipment lease should such lease permit or expiration of may require the Lease, Lessee shall remove Charterer to have any or all of Lessee’s Property and shall restore such leased equipment removed. As to equipment otherwise placed aboard the Leased Premises to Vessel by the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural ModificationCharterer, Lessor Charterer shall have the option right to elect whether such Structural Modification 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 this Charter, Charterer shall remain not have the right to remove any gaming equipment other than in accordance with that certain Master Lease (Palm Beach Princess and Empress II Gaming Equipment), of even date herewith, between Owner, as Lessor, and Charterer, as Lessee, without the prior written approval of Owner. C. Charterer shall have the right to paint its own house colors thereon at Charterer's expense and on its time, provided Charterer changes the Leased Premises colors and become the property of Lessor or shall be removed by Lessee markings back prior to Redelivery at Lessee’s its expense. Lessee Charterer shall furnish have the right to Lessor, not less than 180 days prior to rename the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removedVessel, and shall be diligently conducted pay for all associated costs therefor. Prior to completionRedelivery, Charterer shall rename the Vessel at its expense in accordance with Owner's reasonable instructions. However, Owner shall in no event have the right to the use of the Charterer's trademark following Redelivery. B. Lessee covenants D. The Vessel shall be kept painted and agrees metal surfaces preserved at all times, and the Charterer shall maintain the Vessel in as good a condition as when delivered to keep Charterer from the premises free shipyard upon completion of the alterations set forth in Exhibit C hereto, normal wear and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lesseetear excepted.

Appears in 1 contract

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

Alterations. A. Lessee Tenant shall be permitted to make alterations within the Premises without Landlord’s consent, provided that such alterations do not affect structural components of the Building, do not involve full wall partitioning (including roof penetration) or do not affect the mechanical, electrical, heating, ventilation and air-conditioning, plumbing, life safety, and other Building systems, provided such alterations cost less than Twenty Thousand and 00/100 Dollars ($20,000) (the “Permitted Alterations”). Except for Permitted Alterations, Tenant shall not make any additions, alterations, additions or changes in improvements to the Leased Premises (including, without first obtaining Lessor’s limitation, the roof and wall penetrations) without the prior written approvalconsent of Landlord, which approval will shall not be unreasonably withheld, conditioned, or delayed. Notwithstanding If Landlord shall consent to any such alterations, additions or improvements proposed by Tenant, Tenant shall construct the foregoingsame in accordance with all governmental laws, Lessee may install in the Leased Premises any ordinances, rules and regulations and all equipmentrequirements of Landlord’s and Tenant’s insurance policies and only in accordance with plans and specifications approved by Landlord. Tenant may, trade fixtureswithout the consent of Landlord, furnishingsbut at its own cost and expense and in good workmanlike manner erect such shelves, furniture bins, machinery and other personal property used by Lessee in connection with its business (collectivelytrade fixtures as it may deem advisable, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify altering the structural integrity, foundation/slab, roof or exterior walls basic character of the Leased Premises (a “Structural Modification”)Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. Upon termination or expiration of the LeaseAll shelves, Lessee shall remove all of Lessee’s Property bins, machinery and shall restore the Leased Premises trade fixtures installed by Tenant may be removed by Tenant prior to the condition in which it existed prior to installation termination of the Lessee’s Property. In the event Lessee makes a permitted Structural Modificationthis Lease if Tenant so elects, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration termination of this Lease or upon earlier vacating of the Lease term provided herein, or, Premises if required by Landlord (unless Landlord agrees in writing at the event time of early termination due installation of any such items that they do not need to default by Lessee, within be so removed); upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a reasonable time after receipt of written notice good and workmanlike manner so as not to damage the primary structure or structural quality of the items to be removed, and shall be diligently conducted to completionBuilding. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Lease Agreement (Cyberguard Corp)

Alterations. A. Lessee Tenant shall not make any alterations, additions or improvements to the Premises (including but not limited to roof, floor and wall penetrations) without the prior written consent of Landlord. In the event Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. If Landlord and Tenant so agree, the alterations, additions or improvements may be made by Landlord for Tenant's account and, in such event, Tenant shall fully reimburse Landlord for the entire cost thereof, including a fee of fifteen percent (15%) of such cost to cover Landlord's overhead, within twenty (20) days after written notification of Tenant by Landlord providing Tenant with an invoice or other request (or statement). Promptly after completion of any alterations, additions, or improvements to the Premises made by Tenant, Tenant shall supply Landlord with a set of scaled and dimensioned, reproducible mylars of "as-built" plans for such alterations, additions or changes improvements, certified by Tenant's architect or space planner. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good and workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the Leased Premises basic character of the Building or improvements and without first obtaining Lessor’s written approvaloverloading or damaging the Building or improvements, which approval will not be unreasonably withheld. Notwithstanding the foregoingand in each case complying with all applicable governmental laws, Lessee may install in the Leased Premises any and all equipmentordinances, trade fixtures, furnishings, furniture regulations and other personal requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approvalof Tenant during the Term and Tenant shall, unless such installation would affect or modify Landlord otherwise elects as herein provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the structural integrityPremises to their condition, foundation/slab, roof or exterior walls as existed after completion of the Leased Premises (a “Structural Modification”). Upon Leasehold Improvements, normal wear and tear, casualty and condemnation excepted, on or before the Lease Expiration Date or any sooner date of termination of this Lease; provided, however, that if Landlord so elects prior to termination or expiration of the this Lease, Lessee such alterations, additions, improvements and partitions shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor Landlord as of the Lease Expiration Date or any sooner date of termination of this Lease and shall be delivered up to the Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the Lease Expiration Date or any sooner date of termination of this Lease if required by Landlord; upon any such removal Tenant shall restore the expiration Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural qualities of the Lease term provided herein, or, Building and improvements situated in the event of early termination due Premises. Tenant shall not be required to default by Lessee, within a reasonable time after receipt of written notice remove any of the items Leasehold Improvements constructed pursuant to the Work Letter attached hereto as Exhibit "C." In addition, Tenant shall not be removedrequired to remove any subsequent alteration or improvement made by Tenant, and shall be diligently conducted provided Tenant obtains Landlord's written consent to completionsurrender such alteration or improvement with the Premises, at the time Landlord consents to the making of such alteration or improvement. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Lease Agreement (Synquest Inc)

Alterations. A. Lessee Tenant shall not make any additions, alterations, additions or changes improvements to the Premises (including, without limitation, the roof and wall penetrations) without the prior written consent of Landlord. If Landlord shall consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in the Leased Premises without first obtaining Lessor’s written approvalaccordance with all governmental laws, which approval will not be unreasonably withheld. Notwithstanding the foregoingordinances, Lessee may install in the Leased Premises any rules and regulations and all equipmentrequirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by landlord; and any contractor or person selected by Tenant to make the same, trade fixturesor, furnishingsat Landlord's option and discretion, furniture the alterations, additions or improvements shall be made by Landlord for Tenant, account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other personal property used by Lessee in connection with its business (collectivelytrade fixtures as it may deem advisable, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify altering the structural integrity, foundation/slab, roof or exterior walls basic character of the Leased Premises (a “Structural Modification”)Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. Upon termination or expiration of the LeaseAll shelves, Lessee shall remove all of Lessee’s Property bins, machinery and shall restore the Leased Premises trade fixtures installed by Tenant may be removed by Tenant prior to the condition in which it existed prior to installation termination of the Lessee’s Property. In the event Lessee makes a permitted Structural Modificationthis Lease if Tenant so elects, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration termination of this Lease or upon earlier vacating of the Lease term provided herein, or, Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice primary structure or structural quality of the items to be removed, and shall be diligently conducted to completion. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.Building,

Appears in 1 contract

Sources: Lease Agreement (BGS Acquisition Subsidiary, Inc.)

Alterations. A. Lessee Tenant shall not make or allow to be made any alterations, installations, additions, or improvements in or to the Premises or install any equipment or machinery (other than standard office equipment and unattached personal property), without Landlord's prior written consent. Should Tenant desire to perform any alterations, or changes Tenant shall submit plans and specifications for same to Landlord for Landlord's written approval before beginning such work. Upon receipt by Tenant of the written approval of Landlord of such plans and specifications, and upon payment by Tenant to Landlord of the reasonable fees incurred by Landlord to have such plans and specifications reviewed, Tenant may proceed to make such approved alterations so long as they are in the Leased Premises without first obtaining Lessor’s written approval, which approval will not be unreasonably withheldcompliance with such approved plans and specifications and are performed by a contractor approved by Landlord. Notwithstanding the foregoing, Lessee may install in the Leased Premises any Any and all equipmentsuch alterations, trade fixturesphysical additions or improvements, furnishingsincluding those improvements made at the Tenant's expense or under any agreement with the Tenant whereby the Tenant is given an allowance or rent reduction in exchange for Tenant's agreement to install or allow to be installed lease improvements, furniture such as by way of example, but not limitation, wall coverings, floor coverings or carpet, paneling, doors, cabinets, appliances (such as refrigerators and other personal property used by Lessee in connection with its business (collectivelydishwashers) and hardware, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Lease, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor Landlord at the expiration or termination of this Lease or the termination of Tenant's right to possession of the Premises and shall in no event be removed by Lessee Tenant; provided, however, that Landlord may require Tenant, at Lessee’s Tenant's cost, to remove any or all of such items upon the expiration or termination of this Lease or the termination of Tenant's right to possession of the Premises and, at Tenant's expense, repair any damage caused by such removal. All installations shall be at Tenant's sole cost and expense. Lessee Without in any way limiting Landlord's consent rights, Landlord shall furnish not be required to Lessorgive its consent until (a) Landlord approves the contractor or person making such and approves such contractor's insurance coverage to be provided in connection with the work, not less than 180 days prior (b) Landlord approves final and complete plans and specifications for the work and (c) the appropriate governmental agency, if any, has approved the plans and specifications for such work. All work performed by Tenant or its contractor relating to the expiration Installations shall conform to applicable governmental laws, rules and regulations, including, without limitation, the Disability Acts. Upon completion of the Lease terminstallations, a written list of all Structural Modifications; Tenant shall deliver to Landlord "as built" plans. If Landlord performs such installations, Tenant shall pay Landlord, as additional Rent, the cost thereof plus fifteen percent (15%) as reimbursement for Landlord's overhead. Each payment shall be made to Landlord within thirty ten (3010) days of after receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed an invoice from Landlord. All work performed by Lessee. Notwithstanding any provision herein Tenant with respect to the contraryPremises shall (a) be performed so as not to alter the exterior appearance of the Building, HVAC systems(b) be performed so as not to adversely affect the structure or safety of the Building, plumbing lines and fixtures(c) comply with all building, electricalsafety, telephone, and data wiring and fixturesfire, and other fixtures codes and governmental and insurance requirements, (id) be performed so as not to result in any usage in excess of Building Standard quantities of water, electricity, gas, heating, ventilating, or air-conditioning (either during or after such work) unless prior written arrangements reasonably satisfactory to Landlord are made with respect thereto, (e) be completed promptly and in a good and workmanlike manner and in a quality equivalent to Building Standard, (f) be performed at Tenant's expense and at such times and in such manner as Landlord may designate from time to time to insure minimum disruption to other tenants in the Building, and (g) be performed in such a manner that no valid mechanic's, materialman's, or other similar liens be attached to Tenant's leasehold estate and in no event shall Tenant permit, or be authorized to permit, any such liens (valid or alleged) or other claims to be asserted against Landlord or Landlord's rights, estates, and interests with respect to the Project or this Lease. Landlord will have the right, but not the obligation, to inspect periodically the work in the Premises and may require changes in the method or quality of the work. If any mechanic's lien is filed against the Premises or the Project or any portion thereof, Tenant shall cause same to be discharged within ten (10) days after the lien is filed by paying or bonding over said lien. If Tenant fails to comply with the foregoing sentence, Landlord shall (without limitation of its other rights or remedies) have the right, but not the obligation, to discharge said lien and Tenant shall immediately reimburse Landlord for any sum of money expended by Landlord in connection with obtaining such discharge (together with an additional fifteen percent (15%) thereof to cover Landlord's administrative costs), which amount shall be deemed to be Rent hereunder for all purposes. Landlord may require, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to the estimated cost of any improvements, additions or alterations in the Premises which have been approved by Landlord. Any approval by Landlord (or Landlord's architect and/or engineers) of any of Tenant's contractors or Tenant's drawings, plans or specifications which are integrally incorporated into prepared in connection with any construction of improvements (including without limitation, Tenant's Improvements) in the Leased Premises and (ii) shall not in any way be construed as or constitute a representation or warranty of Landlord as to the removal of which would alter the structural integrity, foundation/slab or roof abilities of the Leased Premisescontractor or the adequacy or sufficiency of such drawings, shall constitute Structural Modifications. In plans or specifications or the event Lessor elects improvements to have which they relate, for any such Structural Modifications removeduse, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on purpose or before the date of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completioncondition. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Office Lease (Ivg Corp)

Alterations. A. Lessee Tenant shall not make any alterations, additions or improvements to the Premises (including, without limitation, the roof and wall penetrations) without the prior written consent of Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good and workmanlike manner erect such shelves, bins, machinery, and other trade fixtures as it may deem advisable, without altering the basic character of the Premises or the Building or improvements and without overloading or damaging the Premises or such building or improvements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, or changes in the Leased Premises without first obtaining Lessor’s written approvaladditions, which approval will not be unreasonably withheld. Notwithstanding the foregoing, Lessee may install in the Leased Premises any improvements and all equipment, trade fixtures, furnishings, furniture partitions erected by Tenant and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Lease, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises to the original condition in which it existed prior to installation as of the Lessee’s Property. In commencement of the event Lessee makes a permitted Structural ModificationTerm, Lessor ordinary wear and tear not preventable by Tenant excepted, by the date of termination of this Lease or upon earlier vacating of the Premises; provided, however, that if at such time Landlord so elects, such alterations, additions, improvements and partitions shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and title shall pass to Landlord under this Lease as if by a ▇▇▇▇ of sale. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration termination of this Lease or upon earlier vacating of the Lease term provided herein, orPremises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural utilities of the buildings and other improvements within which the Premises are situated. If Landlord shall, in its sole discretion, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the event same in a good and workmanlike manner and in accordance with all governmental laws, ordinances, rules and regulations and shall, prior to construction, provide such assurances to Landlord, (including but not limited to, waivers of early termination due lien, surety company performance bonds and personal guaranties of companies or individuals of substance) as Landlord shall reasonably require to default by Lesseeprotect Landlord against any loss from any mechanics', within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completion. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, throughlaborers, or under Lesseematerialmen's liens, or other liens.

Appears in 1 contract

Sources: Lease Agreement (Dt Industries Inc)

Alterations. A. Lessee After the completion of the initial Tenant Improvements (if any), Tenant shall not make any alterations, additions, alterationssubstitutions or improvements (“Alterations”) in or to the Premises, or make changes to locks on doors, or add, disturb or in the Leased Premises any way change any plumbing or wiring (“Changes”) without first obtaining Lessor’s the written consent of Landlord, and, where applicable, in accordance with plans and specifications reasonably approved by Landlord. As a condition to its approval, which approval will not be unreasonably withheld. Notwithstanding Landlord in its sole discretion may require Tenant to remove such Alterations or Changes upon the foregoing, Lessee may install in the Leased Premises any and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect expiration or modify the structural integrity, foundation/slab, roof or exterior walls earlier termination of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the LeaseTerm and any extension period thereof, Lessee shall remove all of Lessee’s Property and shall to restore the Leased Premises to the condition they were in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modificationsuch Alterations or Changes, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding including restoring any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages damage resulting from such removal, all at Tenant’s expense, but excepting reasonable use and wear and tear. Such removal shall Any Alterations or Changes, but excluding Tenant Improvements, approved by Landlord and not required to be completed on or before the date of removed upon the expiration or earlier termination of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within shall become a reasonable time after receipt of written notice part of the items realty and become property of the Landlord upon the expiration or earlier termination of this Lease. Any Alterations or Changes required to be removedmade to Tenant’s Premises by any amendment to any applicable building, health, safety, fire, nondiscrimination, or similar law or regulation (“law”), or any new law shall be made at Tenant's sole expense and shall be diligently conducted subject to completionthe prior written consent of Landlord. Except with respect to the initial Tenant Improvements, Tenant shall reimburse Landlord for any reasonable sums expended for examination and approval of the architectural and mechanical plans and specifications of the Alterations and Changes and direct costs reasonably incurred during any inspection or supervision of the Alterations or Changes. All damage or injury done to the Premises or Building by Tenant or by Tenant’s officers, directors, employees, agents, contractors, and invitees, including but not limited to the cracking or breaking of any glass of windows and doors, shall be paid for by Tenant. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Lease Agreement

Alterations. A. Lessee 8.01 (A) Tenant shall not make any additionsno decoration, alterationsalteration, addition or changes improvement in the Leased Premises Premises, without first obtaining Lessor’s the prior written approvalconsent of Landlord, which approval will not be unreasonably withheld. Notwithstanding and then only by contractors or mechanics and in such manner and time, and with such materials, as reasonably approved by Landlord (notwithstanding the foregoing, Lessee may install in however, Landlord’s prior negative experience with, concerns regarding the Leased Premises financial stability of, and any criminal proceedings pending against, any such contractor or mechanic shall be deemed to be a reasonable basis upon which for Landlord to refuse to grant its approval). All alterations, additions or improvements to the Premises, including air-conditioning equipment and all equipmentduct work, trade fixtures, furnishings, except movable office furniture and other personal property used by Lessee in connection with its business (collectivelytrade equipment installed at the expense of Tenant, “Lessee’s Property”) without obtaining Lessor’s approvalshall, unless such installation would affect or modify the structural integrityLandlord elects otherwise in writing, foundation/slab, roof or exterior walls of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Lease, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor Landlord, and shall be surrendered with the Premises, at the expiration or sooner termination of the term of this Lease. Any such alterations, additions and improvements which Landlord shall designate, shall be removed by Lessee Tenant and any damage repaired, at LesseeTenant's expense, prior to the expiration of this Lease, unless written request has been made by Tenant at the time of Tenant’s request for Landlord’s approval of the installation of such item(s) by means of the following sentence in capital letters: TENANT REQUESTS THAT LANDLORD NOTIFY TENANT TOGETHER WITH LANDLORD’S CONSENT TO THE ENCLOSED TENANT'S PLANS WHETHER LANDLORD REQUIRES ANY ALTERATION SHOWN ON THE ENCLOSED PLANS TO BE REMOVED FROM THE PREMISES AT THE EXPIRATION OR SOONER TERMINATION OF THE TERM. IF LANDLORD SHALL FAIL TO RESPOND HERETO AT THE TIME OF LANDLORD’S CONSENT TO SUCH ALTERATION AND RESERVE SUCH RIGHT, THEN LANDLORD SHALL BE DEEMED TO HAVE WAIVED LANDLORD’S RIGHT TO REQUIRE SUCH ALTERATION TO BE REMOVED AT THE END OF THE TERM. Landlord elects by notice to Tenant in response thereto to relinquish Landlord's right thereto and to have them removed by Tenant, in which case, the item(s) shall be removed from the Premises by Tenant, and any resulting damage to the Premises or the Building repaired by Tenant, at Tenant's expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completionLease. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Lease Agreement (Fusion Telecommunications International Inc)

Alterations. A. Lessee Tenant shall not make any additions, alterations, or changes alterations and additions to Tenant’s Premises except in the Leased Premises without accordance with plans and specifications therefor first obtaining Lessor’s written approvalapproved by Landlord, which approval will shall not be unreasonably withheld, conditioned or delayed. Notwithstanding However, Landlord’s determination of matters relating to aesthetic issues relating to alterations, additions or improvements which are visible outside the foregoingPremises (including, Lessee may install 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 under Article III) which (a) in Landlord’s reasonable opinion will adversely affect any structural or exterior element of the Building, any area or element outside of the Premises, or any facility or base building mechanical system serving any area of the Building outside of the Premises, or (b) involve or affect the exterior design, size, height, or other exterior dimensions of the Building or (c) will require unusual expense to readapt the Premises to normal office/research/laboratory 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 that 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 Leased Premises Building. Landlord’s review and approval of any such plans and all equipmentspecifications and consent to perform work described therein shall not be deemed an agreement by Landlord that such plans, trade fixturesspecifications and work conform with applicable Legal Requirements and requirements of insurers of the 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, furnishingsdesign sufficiency or compliance of such plans, furniture specifications and work with applicable Legal Requirements and Insurance Requirements nor give right to any other personal property used by Lessee parties. Further, Tenant acknowledges that Tenant is acting for its own benefit and account, and that Tenant shall not be acting as Landlord’s 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 its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless any such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls of the Leased Premises (a “Structural Modification”)work. Upon termination or expiration of the Lease, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within Within thirty (30) days of after receipt of this listan invoice from Landlord, Lessor will furnish Tenant shall pay to Lessee Landlord as a written list 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 sum of: (i) $150.00 per hour for time spent by Landlord’s in-house personnel, plus (ii) all 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 at the time of Landlord’s review and approval of the plans pursuant to the foregoing; provided that Landlord agrees that in no event shall Tenant be required to remove any standard office and laboratory alterations that in Landlord’s reasonable discretion would not require unusual and excessive cost to remove and restore the Premises to general office and laboratory use. 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 Structural Modifications its contractors and subcontractors and the estimated cost of all labor and material to be removed furnished by Lesseethem; 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 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, 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 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 any Real Estate Taxes on the Property which shall, at any time after commencement of the Term, be expressly addressed by the taxing authority upon 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 paid for by Landlord. Notwithstanding any provision herein the terms of Section 5.13, Tenant shall have the right, without obtaining the prior consent of Landlord but upon notice to Landlord given ten (10) days prior to the contrarycommencement of any work (which notice shall specify the nature of the work in reasonable detail), HVAC systemsto make alterations, plumbing lines additions or improvements to the Premises where: (a) the same are within the interior of the Premises within the Building, and fixturesdo 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, telephoneplumbing, heating, ventilating, air-conditioning and data wiring and fixtures, and other fixtures fire protection systems of the Building; (i) which are integrally incorporated into the Leased Premises and (iic) the removal cost of which would alter any individual alteration, addition or improvement shall not exceed $400,000; and (d) Tenant shall comply with the structural integrityprovisions of this Lease and if such work increases the cost of insurance or taxes or of services, foundation/slab or roof of the Leased Premises, Tenant shall constitute Structural Modifications. In the event Lessor elects to have pay for any such Structural Modifications removedincrease in cost; provided, Lessee agrees however, that Tenant shall, within fifteen (15) days after the making of such changes, send to pay all costs Landlord plans and specifications describing the same in reasonable detail and provided further that Landlord, by notice to Tenant given not more than fifteen (15) days after Tenant’s delivery of such plans and repair any damages resulting from specifications, may require Tenant to restore the Premises to its condition prior to such removal. Such removal shall be completed on alteration, addition or before the date of improvement at the expiration or earlier termination of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completionTerm. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Lease Agreement (TScan Therapeutics, Inc.)

Alterations. A. Lessee shall not Absent Landlord’s written consent, Tenant may make any additionsno alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, or changes installations and improvements (the “Alterations”) to the Office provided they are non- structural in the Leased Premises without first obtaining Lessor’s written approvalnature, which approval will do not be unreasonably withheldeffect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Notwithstanding the foregoingBefore making Alterations, Lessee may install in the Leased Premises Tenant shall obtain all permits, approvals, certificates required by any and all equipment, trade fixtures, furnishings, furniture and municipal authorities or other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls agencies having jurisdiction of the Leased Premises (a “Structural Modification”). Upon termination or expiration and the Alterations and upon receiving same, Tenant shall Tenant has deposited with the LaDndolworndlothadeeSdefcroumrityhttp://wdewliwve.triddyufpolricmaste.coomr certified copies to Landlord of each Deposit to insure Tenant’s compliance with all of the terms, provisions and conditions of this Lease. If Tenant is in default under any of the terms, conditions and provisions of this Lease, Lessee Landlord may apply the Security and every one. Tenant shall remove all carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of Lesseesuch insurance to Landlord prior to Tenant’s Property and shall restore commencing the Leased Premises Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the condition Office, Tenant shall pay or cause to be paid or file a bond in which it existed prior to installation of the Lesseeamount stated in the mechanic’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; lien within thirty (30) days of receipt said filing at Tenant’s sole cost and expense. Any installation of this listmaterials, Lessor will furnish fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to Lessee a the installations by giving Tenant thirty (30) days written list notice prior to the Termination Date of all Structural Modifications to such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed by Lesseeupon the Termination Date. Notwithstanding Nothing herein is meant to give Landlord any provision herein ownership rights in and to the contrary, HVAC systems, plumbing lines and Tenant’s trade fixtures, electrical, telephone, office furniture and data wiring equipment which can be easily moved. Upon the Termination Date and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal surrender of which would alter the structural integrity, foundation/slab or roof possession of the Leased PremisesOffice, Tenant shall constitute Structural Modifications. In the event Lessor elects remove all personal property and installations to have any such Structural Modifications removed, Lessee agrees to pay all costs of which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair any damages resulting from such removalthe Office to that condition existing on the Commencement Date. Such removal Any and all property of Tenant remaining in the Office after the Termination Date shall be completed on deemed abandoned by Tenant and Landlord may either retain such abandoned property or before the date of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completion. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.may remove such abandoned property at Tenant’s expense

Appears in 1 contract

Sources: Office Lease

Alterations. A. Lessee Tenant shall not make any additions, alterations, additions or changes in improvements to the Leased Premises premises (including, without first obtaining Lessor’s limitation, the roof and wall penetrations) without the prior written approvalconsent of Landlord, which approval will consent shall not be unreasonably withheld. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if at such time Landlord so elects such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and title shall pass to Landlord under this lease as by a ▇▇▇▇ of sale. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition, ordinary wear and tear excepted. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements within which the premises are situated. If Landlord shall consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and shall, prior to construction, provide such assurances to Landlord, (including but not limited to, surety company performance bonds) as Landlord shall reasonably require to protect Landlord against any loss from any mechanics’, laborers’ or materialmen’s liens, or other liens. Notwithstanding the foregoing, Lessee may install Landlord agrees that Tenant shall not be obligated to remove the remodeling of the existing offices, construction of new office area adjacent to the existing offices, installation of lights and a heating system in the Leased Premises any and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business warehouse which are completed during the first six (collectively, “Lessee’s Property”6) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls months of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Lease, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completion. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Lease Agreement (Power Solutions International, Inc.)

Alterations. A. Lessee Tenant shall not make or suffer to be made any alterations, additions, or improvements in, on, or to the Premises or any part thereof without the prior consent of Landlord. Any such alterations, additions, or changes improvements in, on, or to said Premises, except for Tenant's movable furniture and equipment, shall, at Landlord's election, immediately become Landlord's property. Except as otherwise provided in the Leased Special Stipulations, at the expiration or sooner termination of the term herein provided, such alterations, additions or improvements shall, at Landlord's option, either (i) remain on the Premises without first obtaining Lessor’s written approvalcompensation to Tenant, which approval will not or (ii) with respect to alterations made after the Commencement Date (other than Tenant Improvements), be unreasonably withheldremoved by Tenant at Tenant's sole cost and expense and Tenant shall forthwith and with all due diligence, at its sole cost and expense, repair and restore the Premises to the condition existing prior to installation of such alterations, ordinary wear and tear excepted. Notwithstanding At the foregoingtime that Tenant request's Landlord's prior consent to any alteration, Lessee Tenant may install in request Landlord's determination as to whether such alteration, addition or improvement shall, at the Leased Premises any and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Lease, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation remain a part of the Lessee’s PropertyPremises as Landlord's property, or be removed by Tenant as described hereinabove. In the event Lessee makes Landlord consents to the making of any alteration, addition, or improvement by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances, and regulations and all requirements of Landlord's and Tenant's insurance policies, and in accordance with plans and specifications approved by Landlord. Any contractor, subcontractor or other person selected by Tenant to make such alterations, additions or improvements, must first be approved in writing by Landlord, or, at Landlord's option, the alteration, addition, or improvement shall be made by Landlord for Tenant's account and Tenant shall reimburse Landlord for the cost thereof within twenty (20) days after receipt of a permitted Structural Modificationstatement. Landlord and Tenant recognize that some types of alterations, Lessor additions or improvements to the Premises may affect the density of use of the Premises, and that such changes may require mechanical changes in how Building services are provided to the Premises. Therefore, in considering any proposed alterations, additions or improvements, Landlord may also require that Tenant reimburse Landlord for the cost of changes to mechanical systems providing Building services to the Premises (e.g., re-routing or otherwise adjusting HVAC conduits serving the Premises). Landlord shall have the option right to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor assess an administrative fee to cover Landlord's expense in reviewing any proposed alteration, addition or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less improvement (other than 180 days prior with respect to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish Tenant Improvements with respect to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees Tenant is required to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completion. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.construction management fee in

Appears in 1 contract

Sources: Lease Agreement (Interland Inc)

Alterations. A. Lessee Tenant shall not make any additions, alterations, additions or changes in improvements to the Leased Premises premises (including but not limited to roof and wall penetrations) without first obtaining Lessor’s the prior written approvalconsent of Landlord, which approval will consent shall not be unreasonably withheldwithheld if the proposed alteration, addition or improvement is non-structural, is not visible from the exterior of the building and does not affect any building system. Notwithstanding Tenant may, without the foregoingconsent of Landlord, Lessee but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may install deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in the Leased Premises any and each case complying with all equipmentapplicable governmental laws, trade fixturesordinances, furnishings, furniture regulations and other personal requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property used of Tenant during the term of this lease and Tenant shall, if Landlord so elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Lessee in connection with its business (collectivelyTenant and restore the premises to their original condition, “Lessee’s Property”) without obtaining Lessor’s approvalreasonable wear and tear excepted, unless such installation would affect by the date of termination of this lease or modify the structural integrity, foundation/slab, roof or exterior walls upon earlier vacating of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Leasepremises; otherwise such alterations, Lessee additions, improvements and partitions shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by Lessee the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition, reasonable wear and tear excepted. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements situated on the premises. If requested to do so by Tenant in writing at Lessee’s expense. Lessee shall furnish the time Tenant requests Landlord's consent to Lessora proposed alteration, not less than 180 days prior addition or improvement, Landlord will indicate in its consent to the expiration of the Lease termproposed alteration, a written list of all Structural Modifications; within thirty addition or improvement (30assuming that Landlord otherwise consents thereto) days of receipt of this list, Lessor whether Landlord will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) require the removal of which would alter such alteration, addition or improvement upon the structural integritytermination of this Lease. Otherwise, foundation/slab Landlord may elect to require Tenant to remove any alteration, addition or roof improvement made by Tenant to the premises, or all or any part of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on Landlord's Work or before the date of the expiration of the Lease term Tenant's Work (as provided herein, or, in the event of early termination due to default Paragraph 31) by Lessee, within a reasonable time after receipt of giving written notice to Tenant at any time prior to termination of this lease specifying the items alterations, additions and/or improvements to be removed, and shall be diligently conducted to completion. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Lease Agreement (Compucom Systems Inc)

Alterations. A. Lessee shall Tenant will not make any additions, alterations, alterations of or changes additions to the Leased Premises which cost more than $5,000 per occasion or affect the structure or exterior of the BLN Office Parkwithout the prior written approval of Landlord. All work to be performed in the Leased Premises without first obtaining Lessor’s written approvalshall be performed by competent contractors and subcontractors, approved by Landlord, which approval will shall not be unreasonably withheld. Notwithstanding withheld by Landlord, except that Landlord may in any event condition its approval of such contractors and subcontractors on the foregoingTenant's furnishing separate performance and payment surety bonds, Lessee may install or other financial guaranties or deposits satisfactory to Landlord, covering any work to be performed by such contractors or subcontractors on the Leased Premises, and Landlord may, in any event, require that contractors and subcontractors normally employed by Landlord be engaged for any mechanical or electrical work and that any alterations be done by contractors or subcontractors compatible with those workmen, contractors and subcontractors employed from time to time in the Leased Premises any and all equipment, trade fixtures, furnishings, furniture and other personal property used BLN Office Park by Lessee Landlord. All alteration work performed by or for Tenant hereunder must be performed in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls manner to avoid disruption of the Leased Premises (a “Structural Modification”)BLN Office Park operations or disturbance of other tenants in the BLN Office Park. Upon termination or expiration of Unless Landlord requires the Lease, Lessee shall remove all of Lessee’s Property and shall Tenant to restore the Leased Premises as set forth in this Lease, all alterations, additions or improvements which may be made by either of the parties hereto upon the Leased Premises, except office furnishings purchased by Tenant which may be removed without damage or destruction to the condition in which it existed prior to installation Leased Premises, shall be the property of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification Landlord and shall remain upon and be surrendered with the Leased Premises as a part thereof at the termination of this Lease or any extension thereof. Tenant will not permit any mechanics, laborers or materialmen's liens to stand against the Leased Premises, the Building or BLN Office Park for any labor or materials furnished to or in connection with any work performed or claimed to have been performed in, on or about the Leased Premises and become will immediately remove all such liens. Tenant further agrees that, in the property of Lessor event Tenant fails to remove any such lien or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, post a written list of all Structural Modifications; bond therefore within thirty (30) days after receiving notice of receipt of this listsuch lien, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines Landlord may remove such lien and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, Tenant shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay immediately reimburse Landlord upon demand for all costs of and repair any damages resulting from expenses, including attorneys' fees, incurred by Landlord in removing such removal. Such removal shall be completed on mechanic's or before the date of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completionmaterialmen's lien. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Lease (Adaytum Software Inc)

Alterations. A. Lessee Tenant shall not make any alterations, additions or improvements to the Premises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, to remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this Lease or changes in the Leased Premises without first obtaining Lessor’s written approval, which approval will not be unreasonably withheld. Notwithstanding the foregoing, Lessee may install in the Leased Premises any and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls upon earlier vacating of the Leased Premises (a “Structural Modification”). Upon Premises, provided, however, that if Landlord so elects prior to termination of this Lease or expiration upon earlier vacating of the LeasePremises, Lessee such alterations, additions, improvements and partitions shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and shall be delivered up to the Landlord with the Premises. If Tenant, along with its written request to Landlord for consent to an alteration, requests Landlord to make its election as set forth above together with its written consent for an Alteration, then Landlord agrees to make such election. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by Lessee at Lesseethe date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall repair any damage caused by such removal. All such removals and restoration shall be accomplished in good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements situated on the Premises. (See Addendum to Paragraph 8A). B. Tenant shall remove any sumps and clarifiers and any related Hazardous Materials (“Hazardous Material” shall mean petroleum and petroleum products, asbestos, and PCBs and any “hazardous substances”, “hazardous materials”, or “toxic substances” in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Hazardous Materials Transportation Act, as amended, or the Resource Conservation and Recovery Act, as amended, those substances, materials and wastes which are defined as “hazardous wastes” or as “hazardous substances” in the California Health & Safety Code or Labor Code, and “hazardous” or “toxic” in the regulations adopted or publication promulgated pursuant to any of said laws) in or about the Premises and associated with ▇▇▇▇▇▇’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to use and occupancy thereof upon the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt earlier termination of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completionLease. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Lease Agreement

Alterations. A. Lessee (a) Subtenant shall not make any alterations, additions, or improvements to the Subleased Premises without Sublandlord’s prior written consent, which shall not be unreasonably withheld or delayed, and the approval of Master Landlord pursuant to the terms and conditions outlined in the Master Lease. Any alterations, additions or improvements to which Master Landlord and Sublandlord consent must be constructed and installed in accordance with (i) all requirements contained in the Master Lease, including, without limitation those requirements set forth in Article 10 of 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 will be performed by contractors approved by Sublandlord and Master Landlord, and will be made using new, first class materials and in a good and workmanlike manner. At its sole cost and expense, Subtenant shall coordinate all work with a project manager approved by Sublandlord (and Master Landlord, if required by the Master Lease), and Sublandlord shall have the right to review all progress in connection with such work, Subtenant shall be solely responsible for any and all expenses and additional costs charged by Master Landlord (whether billed directly to Sublandlord or Subtenant) 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. Sublandlord shall not be required to advance any payments to Master Landlord on Subtenant’s behalf or to provide any construction bonds on Subtenant’s behalf. Subtenant will indemnify and hold Sublandlord, Master Landlord, the Subleased Premises, the Premises, and the Building free, clear and harmless of and from all mechanics’ liens and claims of liens, and all other liabilities, liens, claims and demands on account of such work by or on behalf of Subtenant. Prior to the commencement of any work (including, but not limited to, any maintenance, repairs, alterations, additions, improvements or changes installations) in or to the Leased Premises without first obtaining Lessor’s Subleased Premises, by or for Subtenant, Subtenant will give Sublandlord written approval, which approval will not be unreasonably withheld. Notwithstanding the foregoing, Lessee may install in the Leased Premises any and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls notice of the Leased Premises (a “Structural Modification”). Upon termination or expiration proposed work and the names and addresses of the Lease, Lessee shall remove all of Lessee’s Property persons supplying labor and shall restore materials for the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Propertyproposed work. In the event Lessee makes a permitted Structural Modification, Lessor shall Sublandlord and/or Master Landlord will have the option right to elect post notices of non- responsibility or similar written notices on the Subleased Premises and the Premises in order to protect the same against any such liens. All alterations (whether such Structural Modification temporary or permanent in character and whether made with or without the consent of Sublandlord and/or the Master Landlord) made in or upon the Subleased Premises, either by Sublandlord or Subtenant, shall be the Master Landlord’s property upon installation and shall remain on the Leased Subleased Premises and become without compensation to Subtenant unless Master Landlord shall elect to have the property of Lessor or shall be alterations removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior pursuant to the expiration terms and conditions outlined in the Master Lease. (b) Subject to subsection 4.7(c) below, Subtenant shall not be responsible for the removal of any alterations, additions or improvements (including phone and data cabling) made (i) by Sublandlord or (ii) by Subtenant, provided in the case of this subsection (ii) that such alterations, additions or improvements have been made by Subtenant in accordance with the terms of this Sublease. In addition, Subtenant shall not be responsible for the restoration of the Lease termPremises to its condition existing as of the Commencement Date so long as any alterations, a written list of all Structural Modifications; within thirty additions or improvements made by Subtenant have been approved by Sublandlord and Master Landlord. (30c) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision anything else herein to the contrary, HVAC systemsshould Master Landlord pursuant to the terms of the Master Lease demand that Sublandlord or Subtenant remove any alterations, plumbing lines additions or improvements made by Sublandlord or Subtenant to the Subleased Premises (either prior to or during the term of this Sublease) at the end of the Term pursuant to the terms and fixturesconditions outlined in the Master Lease, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the cost of removal of which would alter such alterations, additions or improvements will be split evenly between the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of Sublandlord and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completionSubtenant. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Sublease Agreement (SolarWinds, Inc.)

Alterations. A. Lessee shall not make any alterations without the prior written consent of Lessor, said consent not to be unreasonably withheld or delayed. All alterations, additions, alterations, or changes in the Leased Premises without first obtaining Lessor’s written approval, which approval will not be unreasonably withheld. Notwithstanding the foregoing, Lessee may install in the Leased Premises any and all equipment, trade fixtures, furnishingsimprovements, furniture *****Confidential portions of the material have been omitted and other personal property used filed separately with the Securities and Exchange Commission. and partitions erected by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify shall be and remain the structural integrity, foundation/slab, roof or exterior walls property of lessee during the Leased Premises (a “Structural Modification”). Upon termination or expiration term of the Lease, Lessee shall remove all of Lessee’s Property this Lease and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor as of the date of termination of this Lease, or upon earlier vacating of the Premises, and title shall pass to Lessor under this Lease as by a ▇▇▇▇ of sale. Provided Lessee is not in default or otherwise indebted to Lessor, all movable office furniture, shelves, bins, equipment and trade fixtures installed by Lessee may be removed by the Lessee prior to the termination of this Lease, if the Lessee so elects, and shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration date of termination of the Lease term, a written list or upon earlier vacating of all Structural Modifications; within thirty (30) days of receipt the Premises if required by Lessor. For purposes of this listParagraph, the term “equipment and trade fixtures” shall not include HVAC, electrical, or plumbing components (including, but not limited to, air conditioning systems or electrical transformers, panels and transfer switches) or any other similar items, which would generally be installed in or affixed permanently to the Premises or Building. Upon any such removal Lessee shall restore the Premises to its original condition, ordinary wear and tear excepted. All such removals and restorations shall be accomplished in a good ▇▇▇▇▇▇▇ like manner so as not to damage the primary structure, roof or structural qualities of the building and other improvements within which the Premises are situated. In no event shall Lessor will furnish be required to (i) compensate Lessee a written list of all Structural Modifications to be for alterations, additions, improvements or partitions erected by Lessee on or within the Premises, or (ii) compensate Lessee for shelves, bins, equipment and trade fixtures installed by Lessee on or within the Premises and which are not removed by Lessee at Lease termination or early vacation or the Premises by Lessee. Notwithstanding Prior to commencing any provision herein to work or installing any equipment in excess of ***** in, on or about the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removedBuilding or Property, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completion. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.shall:

Appears in 1 contract

Sources: Business Lease (Spirit Airlines, Inc.)

Alterations. A. Lessee Except as provided herein, Tenant shall not make any additions, alterations, or changes alterations and additions to Tenant's Premises except in the Leased Premises without accordance with plans and specifications therefor first obtaining Lessor’s written approvalapproved by Landlord, which approval will shall not be unreasonably withheld, conditioned or delayed. However, Landlord's determination of matters relating to aesthetic issues relating to alterations, additions or improvements which are visible from outside of 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 under Article III) which (a) in Landlord's opinion would reasonably be expected to adversely affect any structural or exterior element of the Building, any area or element outside of the Premises, or any facility or base building mechanical system serving any area of the Building outside of the Premises, or (b) involve or affect the exterior design, size, height, 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 materially 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 reasonably acceptable to Landlord for payment of such increased cost and that 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 then applicable standards for new alterations which are uniformly applied to all tenants of the Building. 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 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 is acting for its own benefit and account, and that Tenant shall not be acting as Landlord's 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 Complex in connection with any such work. Within thirty (30) days after receipt of an invoice from Landlord (together with reasonable supporting 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 but including any review of plans or work relating to any assignment or subletting), as Additional Rent, an amount equal to the sum of: (i) $150.00 per hour for time spent by senior staff, and $100 per hour for time spent by junior staff (not to exceed $1,500 in the aggregate with respect to a proposed alteration or addition provided the proposed alteration or addition will not impact Building structure or base building systems), plus (ii) reasonable third party expenses paid by Landlord to review Tenant's plans and Tenant's work. Except for any additions or alterations which Tenant requests to remain in 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 unreasonably interfere with construction or operation of the Buildings and other improvements to the Site and, except for installation of furnishings, shall be performed by contractors or workers first approved by Landlord, such approval not to be unreasonably withheld, delayed or conditioned. Nothing herein shall be construed to permit Landlord to require Tenant to use union labor for any alterations or improvements. 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 to the extent the proposed alterations or improvements are of such a magnitude that a bond or other security would customarily be required, 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. With respect to alterations or improvements that are of a nature such that as-built plans would customarily be prepared, 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 reasonable rules and regulations relative to the performance of any alterations, additions, improvements and installations hereunder (which shall be 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 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, 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 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 any incremental real estate taxes on the Complex which shall, at any time after commencement of the Term, be demonstrated to directly and solely 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 paid for by Landlord. Notwithstanding the foregoingterms of this Section 5.12, Lessee may install in the Leased Premises any and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Lease, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor Tenant shall have the option right, without obtaining the prior consent of Landlord, but upon notice to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 Landlord given ten (10) days prior to the expiration 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 or any structural element of the Building, or adversely affect the mechanical, electrical, plumbing, heating, ventilating, air-conditioning and fire protection systems of the Building; and (c) with the exception of installation or replacement of cabinetry, painting and carpeting (which shall not be subject to the dollar limits set forth in this subsection (c)), the cost of any individual alteration, addition or improvement shall not exceed $75,000.00 and the aggregate cost of said alterations, additions or improvements made by Tenant during the Lease termTerm shall not exceed $450,000.00 in cost to each floor of the Premises; and (d) Tenant shall comply with the provisions of this Lease and if such work increases the cost of insurance or taxes or of services, a written list of all Structural ModificationsTenant shall pay for any such increase in cost to the extent demonstrated to be directly and solely resulting from such work; provided, however, that Tenant shall, within thirty (30) days after the making of receipt of this listsuch changes, Lessor will furnish send to Lessee a written list of all Structural Modifications Landlord plans and specifications describing the same in reasonable detail and provided further that Landlord, by notice to be removed by Lessee. Notwithstanding any provision herein Tenant given at least thirty (30) days prior to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab expiration or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration earlier termination of the Lease term provided hereinTerm, or, may require Tenant to restore the Premises to its condition prior to construction of such improvements (reasonable wear and tear excepted) at the expiration or earlier termination of the Lease Term. To the extent Tenant delivers such plans and specifications and clearly requests in writing the additions or alterations shown thereon which Tenant desires to remain in the event of early Premises (which notice shall specifically refer to this Section 5.12) at the expiration or earlier termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removedLease Term, and shall be diligently conducted to completion. B. Lessee covenants and Landlord agrees to keep notify Tenant within thirty (30) days thereafter of which of such items may remain at the premises free and clear expiration or earlier termination of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lesseethe Lease Term.

Appears in 1 contract

Sources: Lease Agreement (Care.com Inc)

Alterations. A. Lessee shall Tenant agrees that Tenant will not make any additions, alterations, additions or changes in improvements to the Leased Premises (including, without first obtaining Lessor’s limitation, the roof and wall penetrations) without the prior written approvalconsent of Landlord, which approval consent will not be unreasonably withheld. Notwithstanding If Landlord shall consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the foregoingsame in accordance with all governmental laws, Lessee may install in the Leased Premises any ordinances, rules and regulations and all equipmentrequirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, trade fixturesor, furnishingsat Landlord's option and discretion, furniture the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at Tenant's own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other personal property used by Lessee in connection with its business (collectivelytrade fixtures as Tenant may deem advisable, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify altering the structural integrity, foundation/slab, roof or exterior walls basic character of the Leased Premises (a “Structural Modification”)Building or Development and without overloading the floor or damaging the Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. Upon termination or expiration of the LeaseAll shelves, Lessee shall remove all of Lessee’s Property bins, machinery and shall restore the Leased Premises trade fixtures installed by Tenant may be removed by Tenant prior to the condition in which it existed prior to installation termination of the Lessee’s Property. In the event Lessee makes a permitted Structural Modificationthis Lease if Tenant so elect, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration termination of this Lease or upon earlier vacating of the Lease term provided herein, or, Premises if required by Landlord; upon any such removal Tenant agrees to restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice primary structure or structural quality of the items to be removed, and shall be diligently conducted to completionBuilding. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Lease Agreement (Contour Medical Inc)

Alterations. A. Lessee shall not make any additions, Any alterations, additions or changes improvements permitted herein except as otherwise provided in Section1 and the Workletter shall be made at the expense of the Lessee. The Lessee agrees that it will make no alterations, additions or improvements to the Leased Premises without first obtaining the written consent of the Lessor’s written approval. All alterations, which approval will not be unreasonably withheld. Notwithstanding additions, improvements, cabinetry or other fixtures made or attached to the foregoing, Lessee may install in Building or the Leased Premises by and for the Lessee, including but not limited to, any and all equipmentsubdividing partitions, trade fixtureswalls or railings of whatever type, furnishings, material or height (but excepting movable office furniture and other personal property used equipment and modular cabinetry paid for by Lessee in connection and not permanently attached to the Building, which may be removed by the Lessee at the end of the term of this Lease, if such termination is not the result of Lessee default hereunder) shall be the property of the Lessor and shall remain upon and be surrendered with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls of the Leased Premises as a part thereof at the expiration or earlier termination of this Lease. The Lessor, however, reserves the right to require the Lessee to remove any paneling, decorations, partitions, walls or railings, floor coverings, booths, or fixtures installed by or at the request of the Lessee, by giving notice of such election to the Lessee at any time prior to, or not later than ten (a “Structural Modification”). Upon 10) days after the expiration or earlier termination or expiration of the Lease, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition ; in which it existed prior to installation of event the Lessee, at the Lessee’s Property. In the event Lessee makes a permitted Structural Modificationsole cost and expense, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become remove the property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed so specified on or before the date of expiration or earlier termination of this Lease or a date five (5) days after the expiration receiving of such notice, whichever shall be the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removedlater, and shall be diligently conducted promptly restore the Leased Premises to completion. B. their original condition, reasonable wear and tear excepted; if Lessee covenants and agrees fails to keep perform the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, throughnecessary restorations within ten days after removing the property, or if Lessee is in default under Lesseethis Lease, Lessor may undertake the restoration of the Leased Premises to their original condition after the removal of the specified property, in which event Lessee shall promptly reimburse Lessor for the cost of such restoration.

Appears in 1 contract

Sources: Lease (BNC Bancorp)

Alterations. A. Lessee shall Except for the Tenant Improvements, Tenant will not make any additions, alterations, additions or changes in improvements to the Leased Premises (including, but not limited to, roof and wall penetrations without first obtaining Lessor’s the prior written approval, which approval will consent of Landlord (not to be unreasonably withheld, or delayed). Notwithstanding Tenant may, without the foregoingconsent of Landlord, Lessee may install but at its own cost and expense and in the Leased Premises any and all a good workmanlike manner, erect such shelves, bins, machinery, movable lab benches, equipment, trade fixtures, furnishings, furniture fixtures (defined as any fixtures used by Tenant in its specific business and not paid for by Landlord) and other personal property used by Lessee in connection with its business (collectivelynon-structural interior improvements as it may deem advisable, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect altering the basic character or modify the structural integrity, foundation/slab, roof or exterior walls structure of the Leased Premises (a “Structural Modification”)or improvements and without overloading or damaging the Premises or Building, and in each case complying with all Applicable Laws. Upon termination Tenant will not make any alterations, additions or expiration of the Lease, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises improvements to the condition Premises which will contravene Landlord’s policies insuring against loss or damage by fire or other hazards, including but not limited to commercial general liability, or which will prevent Landlord from securing such policies in which it existed prior companies reasonably acceptable to installation Landlord. If any such alterations, additions or improvements cause the rate of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain fire or other insurance on the Leased Premises and become by companies acceptable to Landlord to be increased beyond the property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish minimum rate from time to Lessor, not less than 180 days prior time applicable to the expiration Premises for permitted uses thereof (as reasonably documented by Landlord), Tenant will pay as Additional Rent the amount of the Lease term, a written list of all Structural Modifications; within any such increase promptly upon demand by Landlord. Within thirty (30) days of receipt of this listreasonable documentation from Landlord following the completion of any alteration, Lessor addition, or improvement at the Premises by Tenant that requires the prior consent of Landlord, Landlord Any and all alterations, additions, improvements, partitions and fixtures erected by Tenant will furnish to Lessee a written list be the property of all Structural Modifications to be removed by LesseeLandlord and will remain at the Premises upon termination of the Lease or upon earlier vacating of the Premises. Notwithstanding any provision herein to the contraryAll shelves, HVAC systemsbins, plumbing lines and fixturesmachinery, electrical, telephone, and data wiring and trade fixtures, and other fixtures (i) which are integrally incorporated into interior non-structural improvements installed by Tenant will remain the Leased personal property of Tenant and may be removed by Tenant prior to the termination of this Lease provided such removal may be accomplished without damage to the Premises and (ii) or Building that cannot be repaired by Tenant as set forth in this subparagraph. Prior to vacating the Premises, Tenant will repair any damage to the Premises or Building as a result of any alteration, addition, improvement, or repair to the Premises, or the removal of which would alter the structural integritypersonal property or trade fixtures by Tenant, foundation/slab or roof of the Leased Premises, shall constitute Structural Modificationsany Tenant Party. In the event Lessor elects Should Tenant fail to have conduct any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt ten (10) days of written notice of the items to be removedfrom Landlord, Landlord may, at its option, perform same, and shall be diligently conducted Tenant will remit payment to completion. B. Lessee Landlord for the actual cost and expense incurred by Landlord in effecting such repair promptly upon demand. Tenant will have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs, and each such claim will affect and each such lien will attach to, if at all, only the leasehold interest granted to Tenant by this instrument. Tenant covenants and agrees that it will pay or cause to keep be paid all sums legally due and payable by it on account of any labor performed or materials furnished in connection with any work performed on the premises free Premises at the request of Tenant on which any lien is or can be validly and clear legally asserted against its leasehold interest in the Premises or the improvements thereon and that it will save and hold Landlord harmless from any and all loss, cost or expense based on or arising out of all asserted claims or liens against the leasehold estate or against the right, title and encumbrances interest of whatsoever kind, granted or claimed by, through, Landlord in the Premises or under Lesseethe terms of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Precision Biosciences Inc)

Alterations. A. Lessee Tenant shall not make any additions, alterations, additions or changes in improvements to the Leased Premises premises (including but not limited to roof and wall penetrations) without first obtaining Lessor’s the prior written approval, which approval will consent of Landlord. Such consent may not be unreasonably withheldwithheld or denied. Notwithstanding Landlord agrees to grant such consent or deny same with reasons, within fifteen (15) days following its receipt of Tenant's request therefor, together with plans and specs of such improvements, by written notification. The failure of Landlord to timely do so shall be deemed to be its consent. If consent is timely denied, Landlord and Tenant agree to work in good faith to satisfy both parties' needs. Tenant may, without the foregoingconsent of Landlord, Lessee but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may install deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in the Leased Premises any and each case complying with all equipmentapplicable governmental laws, trade fixturesordinances, furnishings, furniture regulations and other personal requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property used by Lessee in connection with its business (collectivelyof Tenant during the term of this lease, “Lessee’s Property”) without obtaining Lessor’s approvaland Tenant shall, unless such installation would affect Landlord otherwise elects, as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or modify the structural integrity, foundation/slab, roof or exterior walls upon earlier vacating of the Leased Premises (a “Structural Modification”). Upon premises; provided, however, that if Landlord so elects prior to termination of this lease or expiration upon earlier vacating of the Leasepremises, Lessee such alterations, additions, improvements and partitions shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease, if Tenant so elects, and shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration termination of this lease or upon earlier vacating of the Lease term provided herein, or, premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice primary structure or structural qualities of the items to be removed, buildings and shall be diligently conducted to completionother improvements situated on the premises. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Lease Agreement (Conns Inc)

Alterations. A. Lessee Tenant shall not make any additions, alterations, additions or changes in improvements to the Leased Premises premises (including, but not limited to, roof and wall penetrations) without first obtaining Lessor’s the prior written approval, which approval consent of Landlord. Such consent will not be unreasonably withheld. Notwithstanding denied provided the foregoing, Lessee may install in the Leased Premises any and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundationimprovements are building standard office/slab, roof or exterior walls of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Lease, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Propertywarehouse finishes. In the event Lessee makes Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a permitted Structural Modificationgood workmanlike manner erect such shelves, Lessor bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall have be and remain the option property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to elect whether their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such Structural Modification alterations, additions, improvements and partitions shall remain on the Leased Premises and become the property of Lessor Landlord as of the date of termination of this lease or upon earlier vacating of the premises, and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration termination of this lease or upon earlier vacating of the Lease term provided herein, or, premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice primary structure or structural qualities of the items to be removed, building and shall be diligently conducted to completionother improvements situated on the premises. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Lease Agreement (Hayes Corp)

Alterations. A. Lessee shall not make Tenant and Subtenant acknowledge that any additions, alterations, demolitions or changes in the Leased Premises without first obtaining Lessor’s written approval, which approval will not improvements to be unreasonably withheld. Notwithstanding the foregoing, Lessee may install in the Leased Premises any and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee performed in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls Sublease shall be first approved by Landlord in accordance with the Lease and subject to all of the Leased Premises (a “Structural Modification”)terms and conditions of the Lease. Upon termination or expiration Without limitation, Landlord acknowledges that Subtenant plans to install new carpet and paint throughout the Subleased Premises, subject to Landlord’s approval in accordance with the Lease and subject to all of the terms and conditions of the Lease, Lessee shall remove and subject to Sublandlord’s approval in accordance with the Sublease and subject to all of Lessee’s Property the terms and shall restore the Leased Premises to the condition in which it existed prior to installation conditions of the Lessee’s PropertySublease. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within Within thirty (30) days of after receipt of this listan invoice from Landlord, Lessor will furnish Tenant shall pay to Lessee Landlord as a written list fee for Landlord’s review of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein work or plans in connection with the Sublease, as Additional Rent, an amount equal to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures sum of: (i) which are integrally incorporated into the Leased Premises $150.00 per hour for senior staff and $100.00 per hour for junior staff, plus (ii) third party expenses incurred by Landlord to review such plans and work. Upon the removal of which would alter the structural integrity, foundation/slab expiration or roof earlier termination of the Leased PremisesSublease, at Landlord’s option, Tenant and Subtenant shall constitute Structural Modificationsat their expense remove all such additions, alterations and improvements and restore the Premises to its original condition. In All contractors, vendors and service providers requiring access to the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal Subleased Premises or the Building shall be completed on or before subject to Landlord’s prior and continuing review and approval with respect to insurance, security and operational matters. Solely between Tenant and Subtenant, the date provisions of the expiration Sublease (including without limitation Section 17) shall control and determine their respective responsibility for removal or restoration of the Lease term provided herein, or, any improvement or alteration in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completionSubleased Premises. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Consent to Sublease (Stealth BioTherapeutics Corp)

Alterations. A. Lessee Tenant shall not make any alterations, additions or improvements to the premises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or changes in the Leased Premises without first obtaining Lessor’s written approval, which approval will not be unreasonably withheld. Notwithstanding the foregoing, Lessee may install in the Leased Premises any and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls upon earlier vacating of the Leased Premises (a “Structural Modification”). Upon premises; provided, however, that if Landlord so elects prior to termination of this lease or expiration upon earlier vacating of the Leasepremises, Lessee such alterations, additions, improvements and partitions shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration termination of this lease or upon earlier vacating of the Lease term provided herein, or, premises if required by Landlord; upon such removal Tenant shall restore the premises to their original condition. All such removals and restoration shall be accomplished in good workmanlike manner so as not to damage the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice primary structure or structural qualities of the items to be removed, buildings and shall be diligently conducted to completionother improvements situated on the premises. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Lease Agreement (Aetrium Inc)

Alterations. A. Lessee shall not Absent Landlord’s written consent, Tenant may make any additionsno alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, or changes installations and improvements (the “Alterations”) to the Office provided they are non-structural in the Leased Premises without first obtaining Lessor’s written approvalnature, which approval will do not be unreasonably withheldeffect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Notwithstanding the foregoingBefore making Alterations, Lessee may install in the Leased Premises Tenant shall obtain all permits, approvals, certificates required by any and all equipment, trade fixtures, furnishings, furniture and municipal authorities or other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls agencies having jurisdiction of the Leased Premises (and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a “Structural Modification”). Upon termination mechanic’s lien be filed against the Office and/or Premises, for work done or expiration of the Lease, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises claimed to have been done or materials supplied for Tenant or to the condition Office, Tenant shall pay or cause to be paid or file a bond in which it existed prior to installation of the Lesseeamount stated in the mechanic’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; lien within thirty (30) days of receipt said filing at Tenant’s sole cost and expense. Any installation of this listmaterials, Lessor will furnish fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon Tenant’s surrender of same. However, Landlord may relinquish such right of ownership to Lessee a the installations by giving Tenant thirty (30) days written list notice prior to the Termination Date of all Structural Modifications to such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed by Lesseeupon the Termination Date. Notwithstanding Nothing herein is meant to give Landlord any provision herein ownership rights in and to the contrary, HVAC systems, plumbing lines and Tenant’s trade fixtures, electrical, telephone, office furniture and data wiring equipment which can be easily moved. Upon the Termination Date and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal surrender of which would alter the structural integrity, foundation/slab or roof possession of the Leased PremisesOffice, Tenant shall constitute Structural Modifications. In the event Lessor elects remove all personal property and installations to have any such Structural Modifications removed, Lessee agrees to pay all costs of which Landlord’s ownership interest has been relinquished and Tenant shall immediately restore and repair any damages resulting from such removalthe Office to that condition existing on the Commencement Date. Such removal Any and all property of Tenant remaining in the Office after the Termination Date shall be completed on deemed abandoned by Tenant and Landlord may either retain such abandoned property or before the date of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completionmay remove such abandoned property at Tenant’s expense. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Lease Agreement (Fah Mai Holdings, Inc.)

Alterations. A. Lessee (a) Tenant shall not make no alterations or changes, structural or otherwise, to any additionspart of the Premises, alterationseither exterior or interior, or changes in the Leased Premises without first obtaining LessorLandlord’s written approvalconsent. In the event of any such approved changes, Tenant shall have all work done at its own expense. Request for such consent shall be accompanied by plans stating in detail precisely what is to be done. Notwithstanding the foregoing to the contrary, Tenant may make non-structural, cosmetic alterations to the interior of the Premises with Landlord’s written consent which approval will shall not be unreasonably withheld. Notwithstanding Tenant shall comply with the foregoingbuilding codes, Lessee may install regulations and laws now or hereafter to be made or enforced in the Leased municipality, county and/or state, which pertain to such work. Any additions, improvements (made after the initial improvements to the Premises), alterations and/or Installations made by Tenant (except only office furniture, business equipment and trade fixtures including, but not limited to, wet laboratories, cabinetry, benches and scientific equipment; provided Tenant shall repair any damage to the Premises any upon removal of same) shall become and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls remain a part of the Leased Building and be and remain Landlord’s property upon the termination of Tenant’s occupancy of said Premises; provided, however, Landlord shall notify Tenant, at the time Tenant requests Landlord’s approval to make alterations, that Landlord will or will not require Tenant to remove the proposed alterations from the Premises (a “Structural Modification”)upon the expiration or earlier termination of this Lease. Upon termination or expiration of the LeaseIf Landlord requires Tenant to remove such alterations as aforesaid, Lessee Tenant shall remove all of Lessee’s Property same, repair any damage to the Premises upon removing same, and shall restore the Leased Premises to the condition the Premises were in upon delivery of same to Tenant, at Tenant’s sole cost and expense, ordinary wear and tear and damage due to casualty not required to be repaired by Tenant excepted. Tenant shall save Landlord harmless from and against all expenses, liens, claims or damages to either property or person which it existed prior to installation may or might arise by reason of the Lesseemaking of any such additions, improvements, alterations and/or installations. Landlord reserves the right, subject to Articles 22 and 52, to change, increase or reduce, from time to time, the number, composition, dimensions or location of any parking areas, signs, the Building name, service areas, walkways, roadways or other common areas or make alterations or additions to the Building, in its sole discretion. Landlord’s Propertyapproval of Tenant’s plans and specifications under this Article 9 or any other provisions of this Lease is solely for the purpose of ascertaining whether Tenant’s proposed alterations will have an adverse impact on the structural components or Common Facilities of the Building and to insure the aesthetic and architectural harmony of the Tenant’s proposed alterations with the remainder of the Building. In No approval of plans by Landlord shall be deemed to be a representation or warranty by Landlord that such plans or the event Lessee makes a permitted Structural Modificationwork provided for therein will comply with applicable codes, Lessor laws or regulations or be in conformance with any insurance or other requirements which affect the Premises or the Building, and Tenant shall have the option to elect whether sole responsibility of complying with all such Structural Modification shall remain on the Leased Premises and become the property requirements notwithstanding Landlord’s approval of Lessor or shall be removed by Lessee at LesseeTenant’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completionplans. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind(b) NOTICE IS HEREBY GIVEN THAT LANDLORD SHALL NOT BE LIABLE FOR ANY LABOR OR MATERIALS FURNISHED OR TO BE FURNISHED TO TENANT UPON CREDIT, granted or claimed byAND THAT NO MECHANICS’ OR OTHER LIEN FOR ANY SUCH LABOR OR MATERIALS SHALL ATTACH TO OR AFFECT THE ESTATE OR INTEREST OF LANDLORD IN AND TO THE PREMISES OR THE BUILDING. WHENEVER AND AS OFTEN AS ANY LIEN ARISING OUT OF OR IN CONNECTION WITH ANY WORK PERFORMED, throughMATERIALS FURNISHED OR OBLIGATIONS INCURRED BY OR ON BEHALF OF TENANT SHALL HAVE BEEN FILED AGAINST THE PREMISES OR THE BUILDING, or under LesseeOR IF ANY CONDITIONAL B▇▇▇ OF SALE SHALL HAVE BEEN FILED FOR OR AFFECTING ANY MATERIALS, MACHINERY OR FIXTURES USED IN THE CONSTRUCTION, REPAIR OR OPERATION THEREOF, OR ANNEXED THERETO BY TENANT, TENANT SHALL FORTHWITH TAKE SUCH ACTION BY BONDING, DEPOSIT OR PAYMENT AS WILL REMOVE OR SATISFY THE LIEN OR CONDITIONAL B▇▇▇ OF SALE WITHIN TEN (10) DAYS OF LANDLORD’S WRITTEN REQUEST THEREFOR.

Appears in 1 contract

Sources: Lease (Seracare Life Sciences Inc)

Alterations. A. Lessee Tenant shall not make no changes in or to the demised premises of any additionsnature without Landlord’s prior written consent subject to the prior written consent of Landlord, and to the provisions of this Article. Tenant at Tenant’s expense, may make alterations, installations, additions or changes improvements which are non-structural and which do not affect utility services or plumbing and electrical lines in or to the interior of the demised premises by using contractors or mechanics first approved by Landlord. All fixtures and all paneling, partitions, railings and like installations, installed in the Leased Premises without first obtaining Lessorpremises at any time, either by Tenant or by Landlord in Tenant’s written approvalbehalf, which approval will not be unreasonably withheld. Notwithstanding the foregoingshall, Lessee may install in the Leased Premises any and all equipmentupon installation, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Lease, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or Landlord and shall remain upon and be surrendered with the demised premises unless Landlord, by notice to Tenant no later than twenty days prior to the date fixed as the 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 Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days Tenant prior to the expiration of the Lease termlease, a written list at Tenant’s expense. Nothing in this Article shall be construed to give Landlord title to or to prevent Tenant’s removal of all Structural Modifications; within thirty (30) days trade fixtures, moveable office furniture and equipment, but upon removal of receipt any such from the premises or upon removal of this listother installations as may be required by Landlord, Lessor will furnish Tenant shall immediately and at its expense, repair and restore the premises to Lessee a written list of all Structural Modifications the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Lessee. Notwithstanding any provision herein to Tenant at the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof end of the Leased Premises, shall constitute Structural Modifications. In term remaining in the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such premises after Tenant’s removal shall be completed on deemed abandoned and may, at the election of Landlord, either be retained as Landlord’s property or may be removed from the premises by Landlord at Tenant’s expense. Tenant shall, before the date 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 the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, final approval thereof and shall be diligently conducted deliver promptly duplicates of all such permits, approvals and certificates to completion. B. Lessee covenants Landlord and Tenant agrees to keep 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 premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, throughdemised premises, or under Lesseethe 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 ten days thereafter, at Tenant’s expense, by filing the bond required by law.

Appears in 1 contract

Sources: Office Lease Agreement (Harris Interactive Inc)

Alterations. A. Lessee Tenant shall not make any major alterations, additions, alterations, or changes in improvements to the Leased Premises without first obtaining Lessor’s the prior written approvalconsent of Landlord, which approval will consent shall not be unreasonably withheldwithheld or delayed. Notwithstanding Tenant may, without the foregoingconsent of Landlord, Lessee but at Tenant's own cost and expense and in a good, workmanlike manner, make such minor alterations, additions, or improvements or erect, remove, or alter such partitions, or erect such shelves, bins, machinery, and trade fixtures as it may install deem advisable, without altering the basic character of the Building or improvements, without affecting the structural or loadbearing elements of the Building or improvements, without overloading or damaging such Building or improvements or any utility systems servicing same, and without interference to the other occupants of the Building or any other of Landlord's tenants, and in each case complying with all applicable governmental laws, ordinances, regulations, and other requirements. At the termination of this lease, Tenant shall, if Landlord so elects, and at Tenant's sole cost and expense, remove all alterations, additions, improvements, and partitions erected by Tenant and restore the Premises to their original condition; otherwise, such improvements shall be delivered to Landlord with the Premises. All shelves, bins, machinery, and trade fixtures installed by Tenant may be removed by Tenant at the termination of this lease, if Tenant so elects, so long as no event of default by Tenant is then in existence, and shall be removed if required by Landlord. All such removals and restorations shall be accomplished in a good, workmanlike manner so as not to damage the primary structure or structural qualities of the Building and other improvements situated on the Premises. Any fixtures installed in the Leased Premises any by Tenant other than shelves, bins, machinery, and all equipment, similar trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Lease, Lessee fixtures shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completionLandlord when installed. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Lease Agreement (Si Diamond Technology Inc)

Alterations. A. Lessee Tenant shall not make any additions, alterations, additions or changes in improvements to the Leased Premises premises (including, without first obtaining Lessor’s limitation, the roof and wall penetrations) without the prior written approvalconsent of Landlord, which approval will consent shall not be unreasonably withheldwithheld for interior, non-structural alterations. Notwithstanding Tenant may, without the foregoingconsent of Landlord, Lessee but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may install deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the Leased Premises any property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all equipmentalterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if at such time Landlord so elects such alterations, additions, improvements and partitions but not Tenant's trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Lease, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor Landlord as of the date of termination of this lease or upon earlier vacating of the premises and title shall pass to Landlord under this lease as by a ▇▇▇▇ of sale. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration termination of this lease or upon earlier vacating of the Lease term provided herein, or, premises if required by Landlord; upon such removal Tenant shall restore the premises to their original condition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice primary structure or structural qualities of the items to be removed, buildings and shall be diligently conducted to completion. B. Lessee covenants and agrees to keep other improvements within which the premises free are situated. If Landlord shall consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and clear regulations and shall, prior to construction, provide such assurances to Landlord, (including, but not limited to, waivers of all liens lien, surety company performance bonds and encumbrances personal guaranties of whatsoever kindindividuals of substance) as Landlord shall require to protect Landlord against any loss from any mechanics', granted laborers' or claimed by, throughmaterialmen's liens, or under Lesseeother liens.

Appears in 1 contract

Sources: Lease Agreement (Factory Card Outlet Corp)

Alterations. A. Lessee 8.1 Tenant shall not make any additions, alterations, interior decorations, improvements or changes in additions to the Leased Premises or attach any fixtures or equipment thereto, above ten thousand dollars ($10,000) in direct cost to Tenant, without first obtaining Lessorthe Landlord’s prior written approval, which approval will shall not be unreasonably withheld, delayed or conditioned. Notwithstanding the foregoingAll such alterations, Lessee may install in interior decorations, improvements or additions made to the Leased Premises or the attachment of any fixtures or equipment thereto shall be performed at Tenant’s sole cost and all equipmentexpense. Tenant may affix pictures and shelving to the walls without Landlord’s consent. So long as Tenant is not in default hereunder, trade fixturesTenant shall have the right but, furnishingsexcept as stated in the succeeding sentence, furniture and other personal property used by Lessee in connection with its business (collectivelynot the obligation to remove any of said alterations, “Lessee’s Property”) without obtaining Lessor’s approvalinterior decorations, unless such installation would affect improvements or modify the structural integrity, foundation/slab, roof or exterior walls of additions caused to be made to the Leased Premises (a “Structural Modification”). Upon termination or by Tenant, during and at the expiration of the LeaseLease term or any renewal thereof, Lessee shall remove all of Lessee’s Property and shall restore providing that Tenant repairs any damage caused to the Leased Premises by said removal. Landlord, by notice to the condition Tenant in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, writing not less more than 180 thirty (30) days prior to after the expiration of the Lease term, a written list or any renewal term thereof, may request that Tenant remove any of all Structural Modifications; said alterations, interior decorations, improvements or additions caused to be made to the Leased Premises by Tenant or any of the fixtures, furniture and equipment caused to be installed by Tenant and, if Landlord makes said request, Tenant shall, within thirty (30) days thereafter, remove such of receipt said alterations, interior decorations, improvements, additions, fixtures, furniture and equipment as are stated in such request and repair any damage caused to the Leased Premises by said removal. In the event that Landlord requests such removal and Tenant fails to remove same and repair any damage caused thereby on or before said expiration date, Tenant agrees to reimburse and pay Landlord for the cost of this list, Lessor will furnish removing same and repairing any damage to Lessee a written list of all Structural Modifications to be removed the Leased Premises caused by Lesseesaid removal. Notwithstanding any provision herein anything contained in this Lease to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into in no event shall Tenant be required to remove any improvements or alterations constructed as part of the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof initial build out of the Leased Premises, or which are installed by Landlord, or which are installed by Tenant but which have been approved by Landlord, with no condition at the time of approval at they ultimately be removed. All of said alterations, interior decorations, improvements, additions, fixtures, furniture and equipment remaining on the Leased Premises after said expiration date, or at such sooner termination date due to any default of Tenant, shall constitute Structural Modifications. become the property of Landlord unless removed by Tenant in accordance with the foregoing provisions. 8.2 In the event Lessor elects to have doing any such Structural Modifications removed, Lessee work Tenant shall use due care to cause as little damage or injury as possible to the Leased Premises and the Building and to repair all damage or injury that may occur to the Leased Premises or the Building in connection with such work. Tenant agrees in doing any such work in or about the Leased Premises to pay all costs of and repair any damages resulting from use Tenant’s best efforts to engage only such removallabor as will not conflict with or cause strikes or other labor disturbances. Such removal Any contractors employed by Tenant shall be completed on or before the date of the expiration of the Lease term provided hereinapproved by Landlord and Landlord shall not unreasonably withhold its approval and consent, orprovided, however, that all such contractors shall be required to carry worker’s compensation insurance, public liability insurance and property damage insurance in the event of early termination due to default by Lesseeamounts, within a reasonable time after receipt of written notice of the items to be removedform and content, and with companies reasonably satisfactory to Landlord. Prior to the commencement by Tenant of any work as set forth in this Article, Tenant shall be diligently conducted to completionobtain, at Tenant’s sole cost and expense, all necessary permits, authorizations and licenses required by the various governmental authorities having jurisdiction over the Leased Premises. B. Lessee covenants 8.3 This Article VIII shall exclude the initial buildout work set forth in Article III and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lesseerelated Exhibits.

Appears in 1 contract

Sources: Lease (Precision Therapeutics Inc)

Alterations. A. Lessee Tenant shall not make any alterations, additions or improvements to the premises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or changes in the Leased Premises without first obtaining Lessor’s written approval, which approval will not be unreasonably withheld. Notwithstanding the foregoing, Lessee may install in the Leased Premises any and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls upon earlier vacating of the Leased Premises (a “Structural Modification”). Upon premises; provided, however, that if Landlord so elects prior to termination of this lease or expiration upon earlier vacating of the Leasepremises, Lessee such alterations, additions, improvements and partitions shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration termination of this lease or upon earlier vacating of the Lease term provided herein, or, premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice primary structure or structural qualities of the items to be removed, buildings and shall be diligently conducted to completionother improvements situated on the premises. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Lease Agreement (Cd Warehouse Inc)

Alterations. A. Lessee Tenant shall not have the right to make any additions, alterationsalterations or additions to the Premises, or changes in construct additional improvements on the Leased Premises without first obtaining Lessor’s Premises, subject to the prior written approvalconsent of Landlord, which approval will consent shall not be unreasonably withheld, conditioned or delayed; provided, however, that Landlord's prior written consent will not be necessary for any alteration, addition, or improvement of a cosmetic and non-structural nature. Notwithstanding the foregoing, Lessee may install in the Leased Premises any and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Lease, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or All work shall be removed by Lessee at Lessee’s expense. Lessee made with due diligence, in a good and workmanlike manner and in compliance with all laws, ordinances, orders, rules, regulations, certificates of occupancy, or other governmental requirements, and provided Tenant shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within provide Landlord with thirty (30) days of receipt advance notice before commencing such work, excepting the cosmetic work. Title to all improvements constructed or installed by Tenant shall be and remain vested in Tenant during the term of this listLease. All alterations, Lessor additions, fixtures, and improvements, whether temporary or permanent in character, made to the Premises by ▇▇▇▇▇▇, will furnish immediately vest in Landlord at the end of the Term of this Lease and will remain on the Premises without compensation to Lessee a written list of Tenant. Notwithstanding anything to the contrary in this section, all Structural Modifications to equipment, shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Lessee. Notwithstanding any provision herein Tenant prior to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal termination of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration of the this Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removedif Tenant so elects, and shall be diligently conducted removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal, Tenant shall repair the portion of the Premises from which such equipment, shelves, bins, machinery or trade fixtures were removed. Upon Lease expiration, Tenant shall, upon Landlord's request, remove its cabling from the Premises and the Building. All such removals and restoration shall be accomplished in good workmanlike manner so as not to completiondamage the primary structure or structural qualities of the Buildings and other improvements situated on the Premises. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Office Lease Agreement

Alterations. A. Lessee Tenant shall not make no changes in or to the demised premises of any additionsnature without Landlord's prior written consent. Subject to the prior written consent of Landlord, and to the provisions of this article, Tenant and Tenant's expense, may make alterations, installments, additions or changes improvements which are non-structural and which do not adversely affect utility services or plumbing and electrical lines, in or to the interior of the demised premises by using contractors or mechanics first approved by Landlord. All fixtures and all paneling, partitions, railings and like installations, installed in the Leased Premises without first obtaining Lessor’s written approvalpremises at any time, which approval will not be unreasonably withheld. Notwithstanding the foregoingeither by Tenant or by Landlord in Tenant's behalf, Lessee may install in the Leased Premises any and all equipmentshall, trade fixturesupon installation, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Lease, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or Landlord and shall remain upon and be surrendered with the demised premises unless Landlord, by notice to Tenant no later than twenty days prior to the date fixed as the 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 Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days Tenant prior to the expiration of the Lease termlease, a written list at Tenant's expense. Nothing in this article shall be construed to give Landlord title to or to prevent Tenant's removal of all Structural Modifications; within thirty (30) days trade fixtures, moveable office furniture and equipment, but upon removal of receipt any such from the premises or upon removal of this listother installations as may be required by Landlord, Lessor will furnish Tenant shall immediately and at its expense, repair and restore the premises to Lessee a written list of all Structural Modifications the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Lessee. Notwithstanding any provision herein to Tenant at the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof end of the Leased Premises, shall constitute Structural Modifications. In term remaining in the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such premises after Tenant's removal shall be completed on deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed from the premises by Landlord at Tenant's expense. Tenant shall, before the date 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 the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, final approval thereof and shall be diligently conducted deliver promptly duplicates of all such permits, approvals and certificates to completion. B. Lessee covenants Landlord and Tenant agrees to keep carry and will cause Tenant's contractors and sub-contractors to carry such ▇▇▇▇▇▇▇'▇ compensation reasonably, general liability, personal and property damage insurance as Landlord may require. If any mechanic's lien or U.C.C. financing statement is filed against the demised premises free and clear or the building of all liens and encumbrances of whatsoever kindwhich the same forms a part, granted or for work claimed by, throughto have been done for, or under Lesseematerials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within ten days after notice, at Tenant's expense, by filing the bond required by law or otherwise.

Appears in 1 contract

Sources: Sublease Agreement (Maxwell Shoe Co Inc)

Alterations. A. Lessee On or prior to the commencement date, Landlord agrees to substantially complete the installation at Landlord’s cost and expense of the improvements described in Exhibit C attached hereto, all of which shall not make any additionsbe building standard unless otherwise approved in writing by Landlord. All other improvements to the leased premises shall be installed at the cost and expense of Tenant (which cost shall be payable as additional rent within fifteen (15) days after demand by Landlord), alterationsbut only in accordance with plans and specifications which have been previously approved in writing by both Tenant and Landlord, and only by Landlord or changes by contractors and subcontractors approved in the Leased Premises without first obtaining Lessor’s written approval, writing by Landlord (which approval will shall not be unreasonably withheld). Notwithstanding the foregoing, Lessee may install in the Leased Premises any and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in In connection with its business any request for an approval of alterations by Tenant (collectivelywhether before or after the commencement date), “Lessee’s Property”) without obtaining Lessor’s approvalLandlord may retain the services of an architect and/or engineer and Tenant shall reimburse Landlord for the reasonable fees of such architect and/or engineer not to exceed $ 1,500.00, unless written notice of a higher amount is given to Tenant prior to being incurred. All alterations, additions, improvements and partitions installed or erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all such installation would affect alterations, additions, improvements and partitions installed or modify erected by Tenant (but not the structural integrityinitial improvements installed by Landlord) and, foundation/slab, roof by the date of termination of this lease or exterior walls upon earlier vacating of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Leaseleased premises, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises leased premises to the condition in which it existed existing prior to installation such alterations, additions, improvements and partitions; provided, however, that, Landlord shall give written notice to Tenant of the Lessee’s Propertyrequirement of removal or its election not to require removal of each such alteration, addition, improvement or partition at or before the time Landlord issues its approval of the plans and specifications submitted therefor by Tenant. In the event Lessee makes a permitted Structural ModificationAll such alterations, Lessor additions, improvement and partitions not removed shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration Landlord as of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration termination of this lease or upon earlier vacating of the Lease term provided hereinleased premises and title shall pass to Landlord under this lease as by a b▇▇▇ of sale. All such removals and restoration shall be accomplished in a good workmanlike manner by contractors approved in writing by Landlord so as not to damage the leased premises or the Building. All alterations, oradditions or improvements proposed by Tenant shall be constructed in accordance with all governmental laws, in the event ordinances, rules and regulations and Tenant shall, prior to construction, provide such assurances to Landlord, including but not limited to, waivers of early termination due lien, surety company performance bonds and personal guaranties of individuals of substance, as Landlord shall require to default by Lessee, within a reasonable time after receipt of written notice assure payment of the items costs thereof and to be removedprotect Landlord against any loss from any mechanics’, and shall be diligently conducted to completionlaborers’, materialmen’s or other liens. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Lease Agreement (Double-Take Software, Inc.)

Alterations. A. Lessee Tenant shall not make any additions, alterations, additions or changes improvements to the Premises (including, without limitation, the roof and wall penetrations) without the prior written consent or Landlord. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in the Leased Premises without first obtaining Lessor’s written approvalaccordance with all governmental laws, which approval will not be unreasonably withheld. Notwithstanding the foregoingordinances, Lessee may install in the Leased Premises any rules and regulations and all equipmentrequirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, trade fixturesor, furnishingsat Landlord's option and discretion, furniture the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other personal property used by Lessee in connection with its business (collectivelytrade fixtures as it may deem advisable, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify altering the structural integrity, foundation/slab, roof or exterior walls basic Landlord: _____ Tenant: _____ character of the Leased Premises (a “Structural Modification”)Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. Upon All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination or expiration of the Leasethis Lease if Tenant so elects, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration termination of this Lease or upon earlier vacating of the Lease term provided herein, or, Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice primary structure or structural quality of the items to be removed, and shall be diligently conducted to completionBuilding. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Lease Agreement (Peregrine Industries Inc)

Alterations. A. Lessee Tenant, at its sole cost and expense, may make alterations to the premises as needed for its intended use of the premises as a career institute school including but not limited to the construction and deletion of interior walls as depicted on Exhibit “B” which is attached hereto and made a part hereof and related appurtenances (e.g.: electrical outlets, doors, lighting, HVAC duct work) and installation of portable storm shelters as described in attached Exhibit “C”. Prior to commencing any construction of alterations or improvements at the premises, the Tenant shall not make any additions, alterations, or changes in submit to the Leased Premises without first obtaining Lessor’s Landlord plans and specifications for the alterations and improvements to be made and shall obtain the prior written approvalapproval of the Landlord, which approval will shall not be unreasonably withheld. Notwithstanding Tenant shall obtain the foregoing, Lessee may install necessary permits for construction. Any alterations made by Tenant shall be performed in the Leased Premises any a good and all equipment, trade fixtures, furnishings, furniture workmanlike manner and other personal property used by Lessee in connection comply with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls applicable legal requirements. Any alterations shall become part of the Leased Premises (a “Structural Modification”)premises and subject to this lease. Upon termination or expiration of the Lease, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor Landlord shall have the right to have its own design professional, contractor, or agent observe the work to be performed at the premises. In addition, Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and such alterations, additions, improvements and partitions shall, at the option to elect whether such Structural Modification shall remain on of the Leased Premises and Landlord, either (i) become the property of Lessor Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises, or (ii) shall be promptly removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days Tenant prior to the expiration or any earlier termination of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt term of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines lease (and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have upon any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal Tenant shall be completed on or before the date of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completion. B. Lessee covenants and agrees to keep restore the premises free and clear of all liens and encumbrances of whatsoever kindto their original condition. All shelves, granted or claimed by, through, or under Lessee.bins,

Appears in 1 contract

Sources: Lease Agreement

Alterations. A. Lessee After the completion of the initial Tenant Improvements (if any), Tenant shall not make any alterations, additions, alterationssubstitutions or improvements (“Alterations”) in or to the Premises, or make changes to locks on doors, or add, disturb or in the Leased Premises any way change any plumbing or wiring (“Changes”) without first obtaining Lessor’s the written consent of Landlord, and, where applicable, in accordance with plans and specifications reasonably approved by Landlord. As a condition to its approval, which approval will not be unreasonably withheld. Notwithstanding Landlord in its sole discretion may require Tenant to remove such Alterations or Changes upon the foregoing, Lessee may install in the Leased Premises any and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect expiration or modify the structural integrity, foundation/slab, roof or exterior walls earlier termination of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the LeaseTerm and any extension period thereof, Lessee shall remove all of Lessee’s Property and shall to restore the Leased Premises to the condition they were in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modificationsuch Alterations or Changes, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding including restoring any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages damage resulting from such removal, all at Tenant’s expense, but excepting reasonable use and wear and tear. Such removal shall Any Alterations or Changes, but excluding Tenant Improvements, approved by Landlord and not required to be completed on or before the date of removed upon the expiration or earlier termination of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within shall become a reasonable time after receipt of written notice part of the items realty and become property of the Landlord upon the expiration or earlier termination of this Lease. Any Alterations or Changes required to be removedmade to Tenant’s Premises by any amendment to any applicable building, health, safety, fire, nondiscrimination, or similar law or regulation (“law”), or any new law shall be made at Tenant's sole expense and shall be diligently conducted subject to completionthe prior written consent of Landlord. Except with respect to the initial Tenant Improvements, Tenant shall reimburse Landlord for any reasonable sums expended for examination and approval of the architectural and mechanical plans and specifications of the Alterations and Changes and direct costs reasonably incurred during any inspection or supervision of the Alterations or Changes. All damage or injury done to the Premises or Building by Tenant or by any persons who may be in or upon the Premises or Building with the express or implied consent of Tenant, including but not limited to the cracking or breaking of any glass of windows and doors, shall be paid for by Tenant. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Lease Agreement

Alterations. A. Lessee Sublessee shall not make any additionschanges, alterations, additions or changes in improvements to the Leased Sublet Premises without first obtaining Lessor’s the written approvalconsent of the Underlying Landlord and Sublessor; provided, which approval will however, that Sublessor's consent shall not be unreasonably withheldrequired if the written consent of the Underlying Landlord is first obtained, and Sublessee assumes all responsibility for restoration relating to any such changes, alterations, additions or improvements, as set forth below. Notwithstanding If Sublessee's alterations are permitted or consented to as aforesaid, Sublessee shall comply with all of the foregoing, Lessee may install covenants of Sublessor contained in the Leased Premises Underlying Lease pertaining to the performance of such alterations. In addition, Sublessee hereby expressly assumes all responsibility for any and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee removal or restoration obligations in connection with its business Sublessee's alterations, and Sublessee agrees to indemnify, defend and hold Sublessor harmless from any and all loss, cost, and expense (collectivelyincluding, “Lessee’s Property”without limitation, reasonable attorneys' fees) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls incurred by Sublessor and arising out of the Leased Premises (a “Structural Modification”)performance of Sublessee's alterations. Upon termination Simultaneously with the submission of any documents to the Underlying Landlord relating to alterations to the Sublet Premises, Sublessee shall send copies of all such documents to Sublessor. Sublessee shall pay all costs and expenses relating to any changes, alterations, additions or expiration improvements and shall cause same to be completed in accordance with law and the terms, covenants, conditions, provisions and agreements of the Underlying Lease. Sublessee hereby agrees to indemnify, Lessee shall remove defend and hold Sublessor harmless from any and all loss, cost and expense (including, without limitation, reasonable attorneys fees) incurred by Sublessor as a result of Lessee’s Property and shall restore Sublessee's failure to comply with the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Propertyaforesaid terms, covenants, conditions, provisions or agreements. In the event Lessee makes a permitted Structural Modification, Lessor shall have that any of Sublessee's alterations result in the option Underlying Landlord charging an administrative fee pursuant to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration Section 5.6 of the Lease termUnderlying Lease, a written list Sublessee shall pay the full amount of all Structural Modifications; such fee to Sublessor within thirty ten (3010) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of receiving written notice of the items to be removed, and shall be diligently conducted to completionsame. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Sublease Agreement (Greenhill & Co Inc)

Alterations. A. Lessee (a) Tenant shall not make or allow any alterations, additions, alterationsor improvements to the Premises or any part of the Premises (collectively, or changes in the Leased Premises "Alterations"), without first obtaining Lessor’s written approvalLandlord's prior consent, which approval will shall not be unreasonably withheld. Notwithstanding Consent, however, may be conditioned upon the foregoingreceipt by, Lessee may install in and approval of, Landlord of a set of plans and specifications for the Leased Premises any and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Lease, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less alterations no later than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days prior to the scheduled construction of receipt the alterations as well as the use by Tenant of a contractor or contractors acceptable to Landlord. The installation of furnishings, fixtures, equipment, or decorative improvements, none of which shall affect operating systems or the structure of the Premises shall not constitute "Alterations." All Alterations and any furnishings, fixtures, equipment, or decorative improvements remaining on the Premises after the termination or earlier expiration of this listLease shall immediately become Landlord's property and, Lessor will furnish at the termination or earlier expiration of this Lease, shall remain on the Premises without compensation to Lessee a written list Tenant. Tenant agrees upon notice ▇▇▇▇ Landlord to remove, at Tenant's sole cost and expense, any and all Alterations, furnishings, fixtures, equipment, or decorative improvements (other than floors, walls, suspended ceilings and structural walls) installed by or on behalf of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein Tenant prior to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal termination or earlier expiration of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modificationsthis Lease. In the event Lessor elects that Landlord requires Tenant to have remove any such Structural Modifications removedAlterations, Lessee agrees furnishings, fixtures, equipment, or decorative improvements and Tenant fails to pay all costs cause such removal on or prior to the termination or other earlier expiration of and repair any damages resulting from this Lease, such removal. Such removal failure shall be completed on deemed a holdover under Section 13(b) of this Lease, and in addition to any other damages owing Landlord under this Section, Tenant shall owe Holdover Rent (as hereinafter defined) for each and every day of such failure. All improvements, additions, alterations, and repairs and the removal and restoration thereof, if required under this Lease, shall be performed in accordance with all applicable laws and at Tenant's sole expense. Tenant will indemnify and ▇▇▇▇▇d Landlord for all liens, claims, or damages caused by remodeling, improvements, additions, alterations, and repairs and the removal and restoration thereof, if required under this Lease. Landlord agrees, when req▇▇▇▇▇▇ ▇y Tenant, to execute and de▇▇▇▇▇ any applications, consents, or other instruments reasonably required to permit Tenant to do this work or to obtain permits for the work. (b) Before any contract or subcontract is let or other agreement executed for the performance of any service, or the furnishing of any materials, and before any work of any kind or nature is commenced upon the date construction of Alterations, Tenant will procure and deliver to Landlord a completion bond and a payment bond, both in form and substance satisfactory to Landlord issued by reputable surety corporations or bonding corporations qualified to do business in California, guaranteeing or otherwise assuring Landlord that the construction of the expiration Alterations will proceed to completion with due diligence, that the reconstruction, when completed, will be fully paid for, and that the Premises will remain free of all mechanics', laborers' or materialmen's liens or claimed liens on account of any services or materials furnished or labor or work performed in connection with the construction of the Lease term provided hereinAlterations. (c) At least ten (10) days before any construction commences or materials are delivered for any alterations that Tenant is making to the Premises, orwhether or not Landlord's consent is required, in the event of early termination due to default by Lessee, within a reasonable time after receipt of Tenant shall give written notice of to Landlord as to when the items construction is to commence or the materials are to be removeddelivered. Landlord shall then have the right to post and maintain on the Premises any notices that are required to protect Landlord and Landlord's interest in th▇ ▇▇▇▇▇▇es from any liens for work and labor performed or materials furnished in making the alterations; provided, and however, that it shall be diligently conducted to completion. B. Lessee covenants and agrees Tenant's duty to keep the premises Premises free and clear of all liens, claims, and demands for work performed, materials furnished, or operations conducted on the Premises by or on behalf of Tenant. In the event that Tenant fails to provide Landlord with the notice required by this Section 11(b), Landlord shall have the right to cause the cessation of such construction and shall have the further right to file notices of cessation and/or completion, so as to allow the Premises to be protected from mechanic's liens. Tenant hereby irrevocably appoints Landlord its attorney-in-fact which appointment is coupled with an interest to cause such cessation and to file such notices. (d) Tenant will not at any time permit any mechanics', laborers', or materialmen's liens and encumbrances of whatsoever kind, granted to stand against the Premises for any labor or material furnished to Tenant or claimed byto have been furnished to Tenant or Tenant's agents, throughcontractors, or under Lesseesubtenants, in connection with work of any character performed or claimed to have been performed on the Premises by or at the direction or sufferance of Tenant; provided, however, that Tenant shall have the right to contest the validity or amount of any lien or claimed lien, upon giving to Landlord a bond assuring that the lien or claimed lien will be paid, when and to the extent that the lien is finally determined to be valid and owing. On final determination of the lien or claim of lien, Tenant will immediately p▇▇ ▇▇▇ final judgment rendered, with all property costs and charges, and shall have the lien released or judgment satisfied at Tenant's sole expense. If ▇▇▇▇▇t fails to pay the judgment promptly or otherwise fails to prevent any sale, foreclosure, or forfeiture of the Premises because of a lien, Landlord shall have the right, upon five (5) days' written notice to Tenant, to pay or prevent this action, and the amount paid by Landlord shall be immediately due and payable to Landlord, and shall bear interest at the lesser of ten percent (10%) per annum or the highest rate allowed by law from the date of payment by Landlord until repayment by Tenant.

Appears in 1 contract

Sources: Office Lease (Regan Holding Corp)

Alterations. A. Lessee After the completion of the initial Tenant Improvements (if any), Tenant shall not make any alterations, additions, alterationssubstitutions or improvements (“Alterations”) in or to the Premises, or make changes to locks on doors, or add, disturb or in the Leased Premises any way change any plumbing or wiring (“Changes”) without first obtaining Lessor’s the written consent of Landlord, and, where applicable, in accordance with plans and specifications reasonably approved by Landlord. As a condition to its approval, which approval will not be unreasonably withheld. Notwithstanding Landlord in its sole discretion may require Tenant to remove such Alterations or Changes upon the foregoing, Lessee may install in the Leased Premises any and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect expiration or modify the structural integrity, foundation/slab, roof or exterior walls earlier termination of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the LeaseTerm and any extension period thereof, Lessee shall remove all of Lessee’s Property and shall to restore the Leased Premises to the condition they were in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modificationsuch Alterations or Changes, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding including restoring any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages damage resulting from such removal, all at Tenant’s expense, but excepting reasonable use and wear and tear. Such removal shall Any Alterations or Changes, but excluding Tenant Improvements, approved by Landlord and not required to be completed on or before the date of removed upon the expiration or earlier termination of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within shall become a reasonable time after receipt of written notice part of the items realty and become property of the Landlord upon the expiration or earlier termination of this Lease. Any Alterations or Changes required to be removedmade to Tenant’s Premises by any amendment to any applicable building, health, safety, fire, nondiscrimination, or similar law or regulation (“law”), or any new law shall be made at Tenant's sole expense and shall be diligently conducted subject to completionthe prior written consent of Landlord. Except with respect to the initial Tenant Improvements, Tenant shall reimburse Landlord for any reasonable sums expended for examination and approval of the architectural and mechanical plans and specifications of the Alterations and Changes and direct costs reasonably incurred during any inspection or supervision of the Alterations or Changes. All damage or injury done to the Premises or Building by Tenant or by any persons who may be in or upon the Premises or Building with the express or implied consent of Tenant for the purpose of making Changes or Alterations, including but not limited to the cracking or breaking of any glass of windows and doors, shall be paid for by Tenant. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Lease Agreement

Alterations. A. Lessee Tenant shall not make no changes in or to the demised premises of any additionsnature without Landlord's prior written consent. Subject to the prior written consent of Landlord, and to the provisions of this article, Tenant at Tenant's expense, may make alterations, installations, additions or changes improvements which are non-structural and which do not adversely affect utility services or plumbing and electrical lines, in or to the interior of the demised premises by using contractors or mechanics first approved by Landlord. All fixtures and all paneling, partitions, railings and like installations, installed in the Leased Premises without first obtaining Lessor’s written approvalpremises at any time, which approval will not be unreasonably withheld. Notwithstanding the foregoingeither by Tenant or by Landlord in Tenant's behalf, Lessee may install in the Leased Premises any and all equipmentshall, trade fixturesupon installation, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Lease, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or Landlord and shall remain upon and be surrendered with the demised premises unless Landlord, by notice to Tenant no later than twenty days prior to the date fixed as the 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 Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days Tenant prior to the expiration of the Lease termlease at Tenant's expense. Nothing in this article shall be construed to give Landlord title to or to prevent Tenant's removal of trade fixtures, a written list moveable office furniture and equipment, but upon removal of all Structural Modifications; within thirty (30) days any such from the premises or upon removal of receipt of this listother installations as may be required by Landlord. Tenant shall immediately and at its expense, Lessor will furnish repair and restore the premises to Lessee a written list of all Structural Modifications the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Lessee. Notwithstanding any provision herein to Tenant at the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof end of the Leased Premises, shall constitute Structural Modifications. In term remaining in the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such premises after Tenant's removal shall be completed on deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed from the premises by Landlord at Tenant's expense. Tenant shall, before the date 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 the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, final approval thereof and shall be diligently conducted deliver promptly duplicates of all such permits, approvals and certificates to completion. B. Lessee covenants Landlord and Tenant agrees to keep carry and will cause Tenant's contractors and sub-contractors to carry such ▇▇▇▇▇▇▇'▇ compensation, general liability, personal and property damage insurance as Landlord may reasonably require. If any mechanic's lien or U.C.C. financing statement is filed against the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, throughdemised premises, or under Lesseethe 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 ten days after notice, at Tenant's expense, by filing the bond required by law or otherwise.

Appears in 1 contract

Sources: Sublease Agreement (Maxwell Shoe Co Inc)

Alterations. A. Lessee Tenant shall not make any additions, alterations, additions or changes in improvement to the Leased Demised Premises (including without first obtaining Lessor’s written approval, which approval will not be unreasonably withheld. Notwithstanding the foregoing, Lessee may install in the Leased Premises any limitation roof and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business wall penetrations) (collectively, “Lessee’s Property”"alterations") without obtaining Lessor’s approvalthe prior written consent of Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good and workmanlike manner erect such shelves, bins, machinery and fixtures as it may deem advisable, so long as such comply with all regulations and do not alter the basic character of, or overload or damage, the building or improvements. B. All alterations, additions and improvements erected by Tenant shall be Tenant's property during the term of this Lease. Prior to expiration of this Lease, Tenant shall (unless such installation would affect Landlord otherwise elects as provided herein) remove all alterations, additions and improvements erected by Tenant and restore the Demised Premises to their original condition by the date of Lease termination or modify the structural integrity, foundation/slab, roof or exterior walls upon earlier vacating of the Leased Premises (a “Structural Modification”)Demised Premises. Upon termination or expiration of the LeaseHowever, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor Landlord shall have the option right to elect whether such Structural Modification shall remain on elect, during the Leased Premises and become the property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days prior to termination or earlier vacating of receipt the Demised Premises, that any such alterations, additions and improvements shall become the property of this listLandlord as of the date of termination or upon earlier vacating of the Demised Premises, Lessor will furnish to Lessee a written list of all Structural Modifications to and that they shall not be removed by Lessee. Notwithstanding any provision herein Tenant. C. All removals and restoration to original condition shall be accomplished in a good and workmanlike manner so as not to damage the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the primary structure or structural integrity, foundation/slab or roof quality of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on Demised Premises or before the date of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completionbuilding. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Lease Agreement (Newlink Genetics Corp)

Alterations. A. Lessee Except as set forth herein, Tenant shall not make any alterations, additions or improvements to the Premises without the prior written consent of Landlord Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires, provided that (i) such items do not alter the basic character of the Premises or the Building, (ii) such items do not overload or damage same, (iii) such items may be removed without injury to the Premises, and (iv) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord’s specifications and requirements. With respect to tenant improvements constructed after Substantial Completion, Tenant shall be responsible for compliance with The Americans With Disabilities Act of 1990 Landlord shall be responsible for having the shell building and Tenant Improvements upon Substantial Completion comply with The Americans With Disabilities Act of 1990 Without implying any consent of Landlord thereto, all alterations, additions, alterationsimprovements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this Lease. Tenant may remove, either during or changes in at the Leased Premises without first obtaining Lessor’s written approval, which approval will not be unreasonably withheld. Notwithstanding the foregoing, Lessee may install in the Leased Premises any and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls termination of the Leased Premises (a “Structural Modification”). Upon Lease, all bus duct, all elements relating to the cleaning and packaging room, the exhaust system for the grinding and polishing room, the air compressors to run the internal compressed air lines and the outside signage All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the day of termination or expiration of this Lease or vacating the LeasePremises, Lessee shall remove all of Lessee’s Property and at which time Tenant shall restore the Leased Premises to their original condition, wear and tear excepted. All alterations, installations, removals and restorations shall be performed in a good and workmanlike manner so as not to damage or alter the condition in which it existed prior to installation primary structure or structural qualities of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain Building or other improvements situated on the Leased Premises and become or of which the property Premises are a part. Tenant is allowed to make changes to the space upon the Landlord’s consent Tenant is allowed to make, without consent, up to $50,000 per year of Lessor improvements to the Premises subsequent to the construction of the initial Tenant Improvements, if such improvements do not affect the structure of the Building Except for improvements made by the Tenant to the mezzanine level of the Premises, any such improvements are subject to demolition upon the termination or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days expiration of this Lease if Landlord notifies Tenant prior to the time that the improvements are constructed that demolition will be required at the termination or expiration of this Lease Improvements to the mezzanine level of the Premises may be required to be demolished at the termination of the Lease termIf required, a written list Landlord must notify Tenant of all Structural Modifications; within thirty such requirement at least three (303) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein months prior to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration termination of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items Any demolition required under this provision is to be removedperformed by Tenant, and shall be diligently conducted to completionat Tenant’s costs. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Lease Agreement (DJO Finance LLC)

Alterations. A. Lessee shall not make any additionsnot, alterations, or changes in the Leased Premises without first obtaining Lessor’s the written approval, which approval will not be unreasonably withheld. Notwithstanding the foregoing, Lessee may install in the Leased Premises any and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls ----------- consent of the Leased Premises (a “Structural Modification”)Lessor, make any alterations, additions, or improvements, in, to, or about the Premises. Upon termination All changes or expiration of additions made with the Lease, Lessee Lessor's written consent shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of the Lessor, subject to this Lease, when completed and paid for by Lessee. They shall remain as part of the Premises at the end of the Lease Term. The Lessor may demand that the Lessee remove any changes to which the Lessor has not consented at the end of the Lease Term. The Lessee shall promptly pay for any changes or additions, and shall not allow any mechanic's lien or other claim to be removed filed against the Premises. If any lien or claim is filed against the Premises, the Lessee shall have it promptly removed. Lessee may, subsequent to the effective date of this Lease but prior to fully occupying the Premises, submit to Lessor a written description of those improvements and alterations to the Premises which Lessee believes to be necessary to the successful operation of the full service bank branch office contemplated by Lessee at this Lease. Lessor shall, within a reasonable time after its receipt of the written description of such improvements and alterations, commence and complete such improvements and alterations in accordance with the specifications of Lessee’s expense. Lessee shall furnish to reimburse Lessor for Lessor, not less than 180 days prior to the expiration of the Lease term, a written list 's direct cost of all Structural Modifications; such improvements and alterations against copies of third party invoices which are provided to Lessee by Lessor. Lessee shall tender reimbursement payments to Lessor within thirty (30) days of receipt Lessor's submission of this list, Lessor will furnish copies of third party invoices to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event that Lessee terminates this Lease under Paragraph 2 hereof, Lessor elects shall immediately suspend the process of improving and altering the Premises. Reimbursement payments owed by Lessee pursuant to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal this provision shall be completed on or before the date deemed to constitute payments of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completionadditional rent. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Commercial Lease (Community Partners Bancorp)

Alterations. A. Lessee Tenant shall not make any alterations, additions or improvements to the premises (including, without limitation, the roof and wall penetrations) without the prior written consent of Landlord, which consent may in Landlord's sole discretion be withheld. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner, erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or changes in the Leased Premises without first obtaining Lessor’s written approval, which approval will not be unreasonably withheld. Notwithstanding the foregoing, Lessee may install in the Leased Premises any and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls upon earlier vacating of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Leasepremises; provided, Lessee however, that if at such time Landlord so elects such alterations, additions, improvements and partitions shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor Landlord as of the date of termination of this lease or upon earlier vacating of the premises, and title shall pass to Landlord under this lease as by a ▇▇▇▇ of sale. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration termination of this lease or upon earlier vacating of the Lease term provided herein, orpremises it required by Landlord; upon any such removal Tenant shall restore the premises to their original condition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements within which the premises are situated. If Landlord shall, in its sole discretion, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the event same in accordance with all governmental laws, ordinances, rules and regulations and shall, prior to construction, provide such assurances to Landlord, (including but not limited to, waivers of early termination due lien, surety company performance bonds and personal guaranties of individuals of substance) as Landlord shall require to default by Lesseeprotect Landlord against any loss from any mechanics', within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completion. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted laborers' or claimed by, throughmaterialmen's liens, or under Lesseeother liens.

Appears in 1 contract

Sources: Lease Agreement (Watson Pharmaceuticals Inc)

Alterations. A. Lessee Tenant shall not make or permit any other person to make any alterations to said demised premises without the written consent of Landlord first had and obtained. Should Landlord consent to the making of any alterations to said demised premises by Tenant, the alterations shall be made at the sole cost and expense of Tenant by a contractor or other person selected by Tenant and approved in writing before work commences by Landlord. Any and all alterations, additions, alterationsor improvements shall be made by licensed contractors in a workmanlike manner to all building codes in force and at Tenant’s sole cost and expense. During the Term of this Lease and any fixturing period prior to commencement of the Lease Term, or changes if required by Landlord, Tenant shall also provide security for the completion thereof in the Leased Premises without first obtaining Lessor’s written approval, which approval will not be unreasonably withheldform of a bond or other security satisfactory to Landlord. Notwithstanding the foregoing, Lessee may install Tenant shall pay and settle all expenses and liabilities arising out of or in the Leased Premises any way connected with any and all equipmentconstruction, trade repairs, alterations or maintenance of the demised premises, and all liens of mechanics and/or material men, and all liens of a similar character, arising out of or growing out of the construction, repair, alterations or maintenance of the demised premises. Prior to the termination of this Lease or any extension thereof, Tenant shall be permitted to remove from the demised premises all Personalty (Tenant’s fixtures, furnishings, furniture inventory and other personal property used by Lessee in connection with its business equipment on the demised premises whether nailed, screwed, or otherwise fastened to the demised premises, including without limitation shelving, racks, counters, computer equipment, terminals, satellite dish, building signage, monument and pole sign panels, alarm system, safe, telephone system, and testing equipment, but excluding HVAC equipment and light fixtures (collectively, the Lessee’s PropertyPersonalty)) without obtaining Lessor’s approvalplaced by it or by any subtenant on the demised premises, unless provided however, Tenant shall repair all damages caused by any such installation would affect removal (except for small holes caused by nails, fasteners and the like). Any Personalty not so removed by Tenant prior to termination of this Lease or modify the structural integrityany extension thereof, foundation/slab, roof or exterior walls shall become at once a part of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Lease, Lessee shall remove all of Lessee’s Property realty and shall restore the Leased Premises belong to the condition in which it existed prior Landlord without compensation to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completionTenant. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Lease (Bank of Commerce Holdings)

Alterations. A. Lessee Tenant shall not make any alterations, additions or improvements to the Premises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this Lease or changes in the Leased Premises without first obtaining Lessor’s written approval, which approval will not be unreasonably withheld. Notwithstanding the foregoing, Lessee may install in the Leased Premises any and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls upon earlier vacating of the Leased Premises (a “Structural Modification”). Upon Premises, provided, however, that if Landlord so elects prior to termination of this Lease or expiration upon earlier vacating of the LeasePremises, Lessee any or all alterations, additions, improvements and partitions as elected by Landlord shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and shall be delivered up to the Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration termination of this Lease or upon earlier vacating of the Lease term provided herein, or, Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in good workmanlike manner so as not to damage the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice primary structure or structural qualities of the items to be removed, buildings and shall be diligently conducted to completionother improvements situated on the Premises. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Lease Agreement (Bioject Medical Technologies Inc)

Alterations. A. Lessee Tenant shall not make any additions, alterations, additions or changes improvements to the Premises (including, without limitation, the roof and wall penetrations) without the prior written consent of Landlord. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in the Leased Premises without first obtaining Lessor’s written approvalaccordance with all governmental laws, which approval will not be unreasonably withheld. Notwithstanding the foregoingordinances, Lessee may install in the Leased Premises any rules and regulations and all equipmentrequirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, trade fixturesor, furnishingsat Landlord's option and discretion, furniture the alterations, additions or improvements shall be made by Landlord for tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other personal property used by Lessee in connection with its business (collectivelytrade fixtures as it may deem advisable, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify altering the structural integrity, foundation/slab, roof or exterior walls basic character of the Leased Premises (a “Structural Modification”)Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. Upon termination or expiration of the LeaseAll shelves, Lessee shall remove all of Lessee’s Property bins, machinery and shall restore the Leased Premises trade fixtures installed by Tenant may be removed by Tenant prior to the condition in which it existed prior to installation termination of the Lessee’s Property. In the event Lessee makes a permitted Structural Modificationthis Lease if Tenant so elects, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration termination of this Lease or upon earlier vacating of the Lease term provided herein, or, Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice primary structure or structural quality of the items to be removed, and shall be diligently conducted to completionBuilding. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Lease Agreement (Manchester Equipment Co Inc)

Alterations. A. Lessee Tenant shall not make no changes in or to the demised premises of any additionsnature without Landlord's prior written consent. Subject to the prior written consent of Landlord, and to the provisions of this article, Tenant, at Tenant's expense, may make alterations, installations, additions or changes improvements which are nonstructural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the demised premises using contractors or mechanics first approved in each instance by Landlord. All fixtures and all paneling, partitions, railings and like installations, installed in the Leased Premises without first obtaining Lessor’s written approvalpremises any time, which approval will not be unreasonably withheld. Notwithstanding the foregoingeither by Tenant or by Landlord on Tenant's behalf, Lessee may install in the Leased Premises any and all equipmentshall, trade fixturesupon installation, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Lease, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or Landlord and shall remain upon and be surrendered with the demised premises. Nothing in this Article shall be removed construed to give Landlord title to or prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal or any such from the premises or upon removal of other installations as may be required by Lessee Landlord, Tenant shall immediately and at Lessee’s expense. Lessee shall furnish its expense repair and restore the premises to Lessor, not less than 180 days the condition existing prior to installation and repair any damage to the expiration of demised premises or the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish building due to Lessee a written list of all Structural Modifications such removal. All property permitted or required to be removed by Lessee. Notwithstanding any provision herein Tenant at the end of the term remaining in the premises after Tenant's removal shall be deemed abandoned and may, at the election of Landlord, either be 2 The Commencement Date shall be the earlier to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures occur of (i) which are integrally incorporated into March 31, 2008, the Leased scheduled expiration of a lease by and between Landlord and Digital Convergence Corporation, as Tenant, for the Demised Premises and (hereinafter the "Digital Lease"), or (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration of the Lease term provided herein, or, in the event of the early termination due to default by Lesseeof the Digital Lease, within a reasonable time after receipt of ten (10) business days following Landlord's written notice that the Digital Lease has terminated. Notwithstanding the foregoing sentence, the commencement of this Lease shall be subject to all the items to be removedterms and conditions of that certain Guaranty and Compensation Agreement of even date herewith by and between Landlord, as Lessor and Tenant, as Guarantor. 3 retained as Landlord's property or removed from the premises by Landlord, at Tenant's expense. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approval and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall be diligently conducted deliver promptly duplicates of all such permits, approvals and certificates to completion. B. Lessee covenants and Landlord an Tenant agrees to keep carry and will cause Tenant's contractors and sub-contractors to carry such work▇▇▇'▇ ▇▇▇pensation, general liability, personal and property damage insurance as Landlord may require. If any mechanic's lien is filed against the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, throughdemised premises, or under Lesseethe 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 ten days thereafter, at Tenant's expense, by payment or filing the bond required by law.

Appears in 1 contract

Sources: Lease Agreement (Health Management Systems Inc)

Alterations. A. Lessee Tenant shall not make any additions, alterations, additions or changes in improvements to the Leased Premises (including but not limited to roof and wall penetrations) without first obtaining Lessor’s the prior written approvalconsent of Landlord, which approval will not to be unreasonably withheld. Notwithstanding the foregoing, Lessee may install in the Leased Premises any and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect conditioned or modify the structural integrity, foundation/slab, roof or exterior walls of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Lease, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Propertydelayed. In the event Lessee makes Landlord consents to the making of any such alterations, additions or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all applicable laws, ordinances and regulations, and all reasonable requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord, such consent not to be unreasonably withheld, conditioned or delayed. Tenant may, without the consent of Landlord, but at its own cost and expense and in a permitted Structural Modificationgood workmanlike manner erect such shelves, Lessor bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall have be and remain the option property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to elect whether their original condition by the date of termination of this lease or upon earlier vacating of the Premises, reasonable wear and tear excepted; provided, however, that if Landlord so elects in writing prior to termination of this lease or upon earlier vacating of the Premises, such Structural Modification alterations, additions, improvements and partitions (but not Tenant's trade fixtures) shall remain on the Leased Premises and become the property of Lessor Landlord as of the date of termination of this lease or upon earlier vacating of the Premises and shall be delivered up to the Landlord with the Premises Notwithstanding the foregoing sentence, all shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration termination of this lease or upon earlier vacating of the Lease term provided hereinPremises if required by Landlord. Upon any such removal Tenant shall restore the Premises to their original condition, or, normal wear and tear excepted. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice primary structure or structural qualities of the items to be removedbuilding and other improvements situated on the Premises. (See Additional Provisions, and shall be diligently conducted to completion. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.Section 8)

Appears in 1 contract

Sources: Lease Agreement (Homegrocer Com Inc)

Alterations. A. Lessee Tenant shall not make or suffer to be made any alterations, additions, changes or improvements in, on, or to the Premises or any part thereof without the prior written consent of Landlord; and any such alterations, additions, changes or changes in improvements in, on, or to said Premises, except for Tenant's movable furniture and equipment shall immediately become Landlord's property and, at the Leased end of the Term hereof, shall remain on the Premises without first obtaining Lessor’s written approvalcompensation to Tenant unless Tenant elects to remove same, in which event Tenant shall do so, and also restore the Premises to its pre-existing condition at Tenant's sole cost and expense. In the event Landlord consents to the making of any such alterations, additions, changes or improvements by Tenant, the same shall be made by Tenant, at Tenant's sole cost and expense in accordance with all applicable laws, statutes, ordinances, rules and regulations public and private and all requirements of Landlord's and Tenant's insurance policies, and in accordance with plans and specifications approved by Landlord (such approval will not be unreasonably withheld, delayed or conditioned). Notwithstanding Any contractor or person selected by Tenant to make the foregoing, Lessee may install in the Leased Premises any same and all equipmentsubcontractors must first be approved in writing by Landlord or, trade fixturesat Landlord's opinion, furnishingsthe alteration, furniture addition or improvement shall be made by Landlord for Tenant's account and other personal property used Tenant shall reimburse Landlord for the cost thereof upon demand; provided, that should Landlord elect to perform for Tenant's account, the cost thereof to Tenant shall be competitive with any preferred estimate previously obtained by Lessee in connection with its business (collectivelyTenant and provided to Landlord for such alteration, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect addition or modify improvements. Upon the structural integrity, foundation/slab, roof expiration or exterior walls sooner termination of the Leased Premises (a “Structural Modification”). Upon termination Term herein provided, Tenant may opt to remove any improvements or expiration of the Leasealteration at Tenant's sole cost and expense and Tenant shall forthwith and with all due diligence, Lessee shall remove all of Lessee’s Property at its sole cost and shall expense, thereupon repair and restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completiontheir original condition. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Landlord's Consent to Second Sublease (Witness Systems Inc)

Alterations. A. Lessee Tenant shall not make no changes in or to the demised premises of any additionsnature without Landlord's prior written consent. Subject to the prior written consent of Landlord, and to the provisions of this article, Tenant at Tenant's expense, may make alterations, installations, additions or changes improvements which are non-structural and which do not affect utility services or plumbing and electrical lines in or to the interior of the demised premises by using contractors or mechanics first approved by Landlord. All fixtures and all paneling, partitions, railings and like installations, installed in the Leased Premises without first obtaining Lessor’s written approvalpremises at any time, which approval will not be unreasonably withheld. Notwithstanding the foregoingeither by Tenant or by Landlord in Tenant's behalf, Lessee may install in the Leased Premises any and all equipmentshall, trade fixturesupon installation, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Lease, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or Landlord and shall remain upon and be surrendered with the demised premises unless Landlord, by notice to Tenant no later than twenty days prior to the date fixed as the 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 Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days Tenant prior to the expiration of the Lease termlease, a written list at Tenant's expense. Nothing in this article shall be construed to give Landlord title to or to prevent Tenant's removal of all Structural Modifications; within thirty (30) days trade fixtures, moveable office furniture and equipment, but upon removal of receipt any such from the premises or upon removal of this listother installations as may be required by Landlord, Lessor will furnish Tenant shall immediately and at its expense, repair and restore the premises to Lessee a written list of all Structural Modifications the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All properly permitted or required to be removed by Lessee. Notwithstanding any provision herein to Tenant at the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof end of the Leased Premises, shall constitute Structural Modifications. In term remaining in the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such premises after Tenant's removal shall be completed on deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed from the premises by Landlord at Tenant's expense. Tenant shall, before the date 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 the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, final approval thereof and shall be diligently conducted deliver promptly duplicates of all such permits, approvals and certificates to completion. B. Lessee covenants Landlord and Tenant agrees to keep the premises free carry and clear of all liens will cause Tenant's contractors and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.sub-contractors to carry such ▇▇▇▇▇▇▇'▇

Appears in 1 contract

Sources: Lease Agreement (Icc Technologies Inc)

Alterations. A. Lessee (a) Without Landlord's prior written consent, Tenant shall not make or cause to be made any decorating, exterior, structural, electrical, plumbing; ventilation, air conditioning .or other type of alterations, improvements, additions, alterationschanges or repairs in or to the Premises or the Building. As a condition to granting its consent, Landlord may impose reasonable requirements in addition to any set forth in this lease, including, without limitation, requirements as to the manner and time for the performance of any such work and the type and amount of insurance and bonds Tenant must acquire and maintain in connection therewith. In addition, at Landlord's option, Landlord shall have the right: to approve the contractors or changes in mechanics performing the Leased Premises without first obtaining Lessor’s written approvalwork; to approve all plans and specifications relating to the work; to review the work of Tenant's architects, which approval will not engineers, contractors or mechanics and to control any construction or other activities being undertaken within the Building, with Landlord to be unreasonably withheld. Notwithstanding the foregoing, Lessee may install in the Leased Premises reimbursed on demand of same for any and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee costs incurred in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect review or modify the structural integrity, foundation/slab, roof or exterior walls control; and to require correction of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Lease, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition work in instances in which it existed prior to installation materials or workmanship is defective or not in accordance with plans or specifications previously approved by Landlord. Landlord's approval of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor any plans and specifications shall have the option to elect whether such Structural Modification shall remain create no responsibility on the Leased Premises part of Landlord for the completeness, design, sufficiency or compliance with all laws, ordinances. regulations, rules and requirements of governmental entities having jurisdiction. Tenant shall deliver to Landlord for Landlord's files, at Tenant's sole cost and expense, complete copies of all final working drawings and plans and specifications. Except as expressly provided herein, all alterations, improvements, additions, changes or repairs shall be provided by and paid for by Tenant at its sole expense, but shall become the property of Lessor or Landlord and shall be removed surrendered with the Premises upon termination of this lease; provided, however, that Landlord may, by Lessee written notice to Tenant as provided in Section 7 of this lease, require Tenant, at Lessee’s Tenant's sole cost and expense. Lessee shall furnish , to Lessorremove any or all improvements, not less than 180 days prior alterations, additions or fixtures installed or made by Tenant on or to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from to the Premises caused by such removal. (b) All work in connection with any alterations. Such removal improvements, changes, additions or repairs in the Premises or the Building made by or for the benefit of Tenant shall be completed on performed in full compliance with all laws. ordinances, regulations, rules and requirements of all governmental entities having jurisdiction and in full compliance with all insurance rules, orders, directions, regulations and requirements. and Tenant shall be responsible for all such compliance. If there is now or before if there shall be installed in the date Building it sprinkler system. and if any fire rating bureau or any similar body having jurisdiction or any governmental authority having jurisdiction requires or recommends that any changes, modifications. alterations. additional sprinkler heads or other equipment be made or supplied by reason of Tenant's business or the improvements it has added or the location of partitions, trade fixtures or other contents of the expiration Premises, or if any such changes, modifications, alterations, additions or other equipment become necessary to prevent imposition of a penalty or charge against the full allowance for a sprinkler system in the fire insurance rate as fixed by said bureau or by any fire insurance company, Tenant shall, at its own cost, promptly make and supply all such changes, modifications, alterations, additional sprinkler heads or other equipment. (c) Before work is commenced as provided in this Section 11, Tenant shall give Landlord at least fifteen (15) days' written notice. Landlord shall be entitled to enter the Premises during regular hours to post a notice of non-responsibility. Tenant shall secure, at Tenant's own cost, payment and performance bonds, satisfactory to Landlord, for said work, and during the progress of the Lease term provided hereinwork, orTenant shall at its sole cost and expense, in the event of early termination due upon Landlord's request, famish Landlord with sworn contractor's statements and lien waivers covering all work theretofore performed, together with such endorsements to default by LesseeLandlord's title insurance policy as Landlord may require. Any mechanic's liens for work claimed to have been performed for, within a reasonable time after receipt of written notice of the items or materials claimed to be removedhave been furnished to, and Landlord or Tenant shall be diligently conducted to completion. B. Lessee covenants and discharged by Tenant, at Tenant's sole expense as provided in Section 31. Tenant agrees to keep indemnify, hold harmless and defend Landlord from any loss, cost, damage or expense, including attorney's fees, arising out of any. such lien claim or out of any other claim relating to work done or materials supplied to the premises free and clear of all liens and encumbrances of whatsoever kind, granted Premises at Tenant's request or claimed by, through, or under Lesseeon Tenant's behalf.

Appears in 1 contract

Sources: Office Lease (Mypoints Com Inc)

Alterations. A. Lessee shall Tenant will not make any alterations, additions, alterationsor improvements to the premises without landlord's prior written consent; however, or changes in the Leased Premises without first obtaining Lessor’s landlord's prior written approval, which approval consent will not be unreasonably withheldnecessary for any alteration, addition, or improvement which: (a) costs less than two thousand dollars ($2,000) including labor and materials; (b) does not change the general character of the premises, or reduce the fair market value of the premises below its fair market value prior to the alteration, addition, or improvement; (c) is made with due diligence, in a good and workmanlike manner, and in compliance with the laws, ordinances, orders, rules, regulations, certificates of occupancy, or other governmental requirements described in paragraph 9; (d) is promptly and fully paid for by tenant; and (e) is made under the supervision of an architect or engineer reasonably satisfactory to landlord and in accordance with plans and specifications and cost estimates approved by landlord. Notwithstanding Landlord may designate a supervising architect to assure compliance with the foregoingprovisions of this paragraph, Lessee may install and if it does, tenant will pay the supervising architect's charges. Subject to tenant's rights in the Leased Premises any and paragraph 14, all equipmentalterations, trade additions, fixtures, furnishingsand improvements, furniture whether temporary or permanent in character, made in or upon the premises by tenant, will immediately become landlord's property and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify at the structural integrity, foundation/slab, roof or exterior walls end of the Leased Premises term of this lease will remain on the premises without compensation to tenant. By notice given to tenant no less than ninety (a “Structural Modification”)90) days prior to the end of this lease, landlord may require that any alterations, additions, fixtures, and improvements made in or upon the premises be removed by tenant. Upon termination or expiration of In that event, tenant will remove the Leasealterations, Lessee shall remove all of Lessee’s Property additions, fixtures, and shall improvements at tenant's sole cost and will restore the Leased Premises premises to the condition in which it existed prior to installation of they were before the Lessee’s Property. In the event Lessee makes a permitted Structural Modificationalterations, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessoradditions, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephoneimprovements, and data wiring additions were made, reasonable wear and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completiontear excepted. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Single Tenant Building Lease (Gulf State Credit LLP)

Alterations. A. Lessee After construction of the Building by Landlord and completion of fixtures and interior improvements by Tenant, Tenant shall not make any additionsalterations in or additions to the Building unless Tenant has obtained Landlord's written permission to do so, alterationsand subject to Tenant's not being in default hereunder and subject to furnishing Landlord with acceptable plans and specifications, or changes in the Leased Premises without first obtaining Lessor’s written approvalnames and addresses of contractors, which approval will not be unreasonably withheld. Notwithstanding copies of contracts, necessary permits and indemnifications as requested by the foregoing, Lessee may install in the Leased Premises Landlord and lien waivers as to any and all equipmentclaims, trade fixturescosts, furnishingsliabilities, furniture and other personal property used by Lessee expenses which may arise in connection with its business (collectivelysaid alterations or additions. As a further condition to Landlord's consent to said alterations or additions, “Lessee’s Property”) without obtaining Lessor’s approvalTenant shall advise all subcontractors, unless suppliers, materialmen, and laborers that they shall not have the right to file a Mechanic's Lien against the Building and property owned by the Landlord. Whether the Tenant furnished the Landlord the foregoing or not, the Tenant hereby agrees to hold the Landlord harmless from any and all liabilities of every kind and description which may arise out of or be conducted in any way with said alterations or additions. Before commencing any work in connection with alterations or additions, the Tenant, if requested by Landlord, shall furnish the Landlord with certificates of insurance from all contractors performing labor or furnishing materials insuring the Landlord against any and all liabilities which may arise out of or be connected in any way with said additions or alterations. The Tenant shall pay the cost of all such installation would affect or modify alterations and additions and also the structural integrity, foundation/slab, roof or exterior walls cost of decorating the Leased Premises (a “Structural Modification”)Building occasioned by such alterations and additions. Upon termination completing any alterations or expiration additions, the Tenant, if requested by Landlord, shall furnish the Landlord with contractors' affidavits and full and final waiver of lien and receipted bills covering all labor and material expended and used. All alterations and additions shall comply with all insurance requirements and with all relevant laws, ordinances, or regulations of municipalities, counties, state, or departments and agencies thereof. All alterations and additions shall be constructed in a good and workmanlike manner and only good grades of materials shall be used. All additions, excepting removable fixtures other than light fixtures, shall become the Lease, Lessee shall remove all of Lessee’s Property Landlord's property and shall restore remain upon the Leased Premises Building at the termination of this Lease by lapse of time or otherwise without compensation or allowance or credit to the condition in which it existed prior to installation Tenant. If the Tenant does not remove the Tenant's fixed furniture, equipment, machinery, fixtures, and all other items of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the personal property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days every kind and description from the Building prior to the expiration end of the Lease term, however ended, which the Tenant does not have the right to remove if it is in default hereunder, then Tenant shall conclusively presumed to have conveyed the same to the Landlord under this Lease as a written list bill ▇▇ sale without further payment or credit by Landlord to the Tenant. All structural changes made by Tenant shall be restored to their original condition at the Tenant's expense if Landlord so requests. Tenant's violation of all Structural Modifications; within thirty (30) days any of receipt the terms and conditions of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, numbered paragraph 13 shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration of the Lease term provided herein, or, in the event of early termination due to a default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completionhereunder. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Three Party Agreement (Urosurge Inc)

Alterations. A. Lessee a. Tenant shall not make any additionsalterations or additions to the exterior or to the structural, alterationsmechanical, plumbing, or changes electrical systems of the Building and Property without the express written permission of the Landlord. Notwithstanding the foregoing, the Landlord acknowledges that as part of the Tenant Work, Tenant will be installing roof top or ground-mounted enclosed refrigeration equipment which will service its coolers and freezers in a location specified by the Leased Premises without Landlord; provided, however, any roof top equipment must be screened in a manner reasonably acceptable to Landlord and must comply with the Covenant Documents and all Governmental Authorities. The same shall be deemed to be Tenant’s property which shall be removed by Tenant at the expiration of the Initial Lease Term and any renewal(s) or earlier termination of the Lease. Tenant shall use Landlord’s then-current roof contractor for purposes of (i) placement of the refrigeration equipment and any piercing of the roof membrane in order to facilitate the installation thereof, and (ii) removal of the refrigeration equipment and repair/restoration of the roof membrane to its original weather-resistant condition (determined as of the Ready for Occupancy Date), ordinary wear and tear excepted. Notwithstanding anything in this Lease to the contrary, Tenant shall be responsible for its roof penetrations and any problems arising from such penetrations including any repairs to interior portions of the Building and Property. b. Tenant shall make alterations or additions to the interior of the Building and Property, only after first delivering to Landlord the plans and specifications therefore and obtaining LessorLandlord’s written approvalconsent, which approval consent will not be unreasonably withheld, conditioned or delayed. Notwithstanding Landlord’s approval of any Tenant plans, specifications or drawings under this Lease shall create no liability for Landlord for their completeness, design sufficiency, or compliance with Governmental Authorities or applicable codes or laws. Tenant shall promptly pay for the foregoingcosts of all such alterations and additions regardless of the cost, Lessee may install and shall indemnify Landlord against liens, costs, damages, and expenses incurred by Landlord in connection therewith, including any attorneys’ fees incurred by Landlord if Landlord shall be joined in any action or proceeding involving such work. Landlord may, at its option, pay sums due in order to release such liens, in which event any such sums paid by Landlord shall be due to Landlord by Tenant as Additional Rent, upon demand. Under no circumstance shall Tenant commence any such work until Landlord has been provided with certificates evidencing that all the contractors and subcontractors performing such work have in full force and effect adequate worker’s compensation insurance as required by Governmental Authorities. c. All alterations and additions done before the Tenant first opens for business, shall be completed by Tenant in accordance with the Work Letter set forth in Exhibit B. All consents given by Landlord in reference to such improvements shall be deemed conditioned upon: (i) Tenant acquiring all applicable permits required by any Governmental Authorities; (ii) the furnishing of copies of such permits together with a copy of the plans and specifications for the alteration to Landlord prior to commencement of the work thereon and prior to the submission for approval to any Governmental Authorities having jurisdiction; and (iii) the compliance by Tenant with all conditions of said permits in a prompt and expeditious manner. d. After the Tenant opens for business to the public, the Tenant will not require the Landlord’s consent to make alterations to the Building and Property that cost $100,000 or less, do not affect the Building structure or systems and for which: (i) Tenant first provides written notice to the Landlord to permit it post notices upon the Building and Property as permitted by this Lease; (ii) Tenant obtains any permits required by any Governmental Authority; (iii) Tenant undertakes such alterations in a commercially reasonable fashion; and (iv) Tenant provides the Landlord with “as-built” plans (if applicable) upon the completion of the alterations. In the event any remodeling, improvements, fixturing or modification to the Building and Property by Tenant results in or causes the Building or Property to be subject to any change or modified compliance with any laws, rules or regulations then Tenant shall pay for and reimburse Landlord for all costs or expenses, including management costs, reasonably necessary to bring any part or all of the Building or Property. e. Within five (5) days after notifying Landlord of any planned erection, construction, alteration, removal, addition, repair or other improvement, Landlord shall post, and Tenant shall keep posted until completion of such work, in a conspicuous place upon the doors providing entrance to the Building and Property, notices of non-responsibility as permitted by Governmental Authorities, stating that Landlord’s interests in the Leased Premises Building and Property shall not be subject to any lien for such work. f. Any alterations done by Tenant at any time shall be done in a good and workmanlike manner, with good and sufficient materials, and be in compliance with all Governmental Authorities. Tenant shall promptly upon completion thereof furnish Landlord with as built plans and specifications therefore and copies of any approvals given by any applicable Governmental Authorities. g. Landlord acknowledges and agrees that all furniture, fixtures, equipment, machinery, cabinetwork, check-out counters, wiring used to serve the check-out counters, rooftop or ground-based refrigeration equipment, coolers, chillers, walk-in or reach-in refrigeration equipment, movable partitions, signs, and any property bearing any of the Tenant’s trade names or trademarks, whether registered or unregistered, and all equipment, trade fixtures, furnishings, furniture and other items of personal property used by Lessee in connection with which Tenant utilizes to conduct its business on the Building and Property which may be installed in or upon the Building and Property at Tenant’s cost (whether or not reimbursed by Landlord as a construction cost) (collectively, the LesseeTrade Fixtures) shall not be deemed to become a part of the Building and Property, and whether or not they become a component part of the Building and Property, the Trade Fixtures are and shall remain the property of Tenant and shall be treated as moveable trade fixtures for the purpose of this Lease. Tenant, at its own cost and expense, may install, place, reinstall or replace upon the Building and Property, or remove from the Building and Property, any such Trade Fixtures. Any replacement or additional Trade Fixtures shall not become the property of the Landlord but shall remain Tenant’s property the same as the original Trade Fixtures. All Trade Fixtures shall be removed by Tenant at the termination of this Lease. Tenant shall repair all damage to the Building and Property caused by any such removal. If Tenant fails to timely perform such removal obligations or if Landlord repairs any damage caused by such removal and not repaired by Tenant as herein provided, then the costs and expenses thereof incurred by Landlord may be recovered by Landlord from Tenant. Trade Fixtures will exclude those items which constitute essential building systems (such as base lighting, electrical, plumbing, mechanical, ceiling, bathroom fixtures, HVAC, etc.) and all fire-safety items, flooring, water heaters, interior walls, partitions, and doors, additional utility work (if applicable), grease trap (if applicable), and parapet/facade renovation (if applicable), which such items are or shall become part of the real property. h. Landlord acknowledges and agrees that Tenant’s Trade Fixtures may be leased from an equipment lessor and that Tenant may execute and enter into an equipment lease with respect to such Trade Fixtures. Landlord shall execute and deliver a document substantially in the form of the Landlord’s Release and Waiver attached hereto as Exhibit D and made a part hereof, in which Landlord: (i) acknowledges and agrees that the Trade Fixtures constitute the personal property of Tenant, and shall not be considered to be part of the Building and Property, regardless of whether or by what means they become attached thereto; (ii) without obtaining Lessoragrees that it will not claim any interest in such Trade Fixtures; (iii) agrees that any equipment lessor may enter the Building and Property for the purpose of exercising any right it may have under the provisions of any equipment lease, including the right to remove such Trade Fixtures, provided that such equipment lessor agrees to repair any damage resulting from such removal; and (iv) any such other provisions as may be common. Landlord waives any statutory landlord’s approvallien and any attachment for rent on the Trade Fixtures that Landlord may have or may hereafter acquire. i. Tenant may install, unless such installation would affect operate and maintain rooftop satellite communication equipment (Satellite Equipment) on the roof of the Building above the Building and Property for use by Tenant in the Building and Property; provided, however, Tenant shall be required to utilize Landlord’s roofing contractor to the extent required to preserve any applicable roof warranties with respect to any work relating to the puncture or modify penetration of the structural integrity, foundation/slab, roof or exterior walls attaching any items to the roof. Tenant shall be solely responsible for the installation of the Leased Premises (Satellite Equipment and shall, as a “Structural Modification”)condition to installing and maintaining the Satellite Equipment and at Tenant’s sole cost and expense, secure all necessary consents and approvals from all applicable governmental authorities to construct, operate, and maintain the Satellite Equipment. Tenant agrees to locate all cables and other equipment and facilities connecting the Satellite Equipment to the Building and Property in locations reasonably designated by Landlord. Tenant agrees to indemnify, defend, and hold harmless Landlord from and against all losses, damages, costs and expenses arising from or relating to the installation, maintenance, and repair of the Satellite Equipment, and the Satellite Equipment shall be considered part of the Building and Property for purposes of Tenant’s maintenance, indemnity, and insurance obligations under this Lease. All such equipment shall be installed and maintained by Tenant in good repair and working condition, in accordance with applicable laws, ordinances, rules, and regulations and in compliance with the requirements of the insurers of the Building and Property. Tenant shall pay all taxes of any kind or nature whatsoever levied upon the Satellite Equipment and all charges, expenses and other costs of any nature whatsoever relating to the installation, ownership, maintenance and operation of the Satellite Equipment. The installation and operation of the Satellite Equipment shall not interfere with the safety or operation of the Building and Property. Upon expiration or earlier termination or expiration of the this Lease, Lessee Tenant shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, Satellite Equipment and shall be diligently conducted responsible for the repair, painting, and/or replacement of the building surface to completionwhich the Satellite Equipment is attached. B. Lessee covenants j. Tenant will be permitted to install and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kindmaintain, granted one or claimed bymore: cart corrals; outdoor bicycle racks, throughand, picnic, or under Lesseesimilar tables all at locations to be mutually acceptable to the Landlord and Tenant.

Appears in 1 contract

Sources: Building Lease (Natural Grocers by Vitamin Cottage, Inc.)

Alterations. A. Lessee Tenant shall not make any additions, alterations, additions or changes in improvements to the Leased Premises (including, without first obtaining Lessor’s limitation, the roof and wall penetrations) without the prior written approval, consent of Landlord which approval will consent shall not be unreasonably withheld. Notwithstanding If Landlord shall consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the foregoingsame in accordance with all governmental laws, Lessee may install in the Leased Premises any ordinances, rules and regulations and all equipmentrequirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord. At the time Landlord consents to any such alterations, trade fixturesadditions or improvements Landlord shall advise Tenant whether Tenant is required to remove such alterations, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect additions or modify improvements prior to the structural integrity, foundation/slab, roof or exterior walls of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Lease. If Landlord does not so advise Tenant, Lessee then Tenant shall not be required to remove such items. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in such case after complying with all of Lessee’s Property applicable governmental laws, ordinances, regulations and shall restore the Leased Premises other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the condition in which it existed prior to installation termination of the Lessee’s Property. In the event Lessee makes a permitted Structural Modificationthis Lease if Tenant so elects, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or shall be removed by Lessee the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original primary structure or structural quality of the Building. Tenant may, at Lessee’s its own cost and expense, without Landlord's consent, install, replace or remove any of Tenant's trade fixtures, furniture, demountable partitions and equipment (all hereinafter referred to as "Trade Fixtures"). Lessee Any or all such Trade Fixtures shall furnish to Lessorbe and remain the property of Tenant, not less than 180 days prior to and may, at Tenant's option and expense, be removed by the expiration Tenant at any time during the term of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to or at the lease expiration date. Tenant shall be removed by Lessee. Notwithstanding any provision herein liable for damages to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the caused by Tenant's removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completionits Trade Fixtures. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Sublease (Exult Inc)

Alterations. A. Lessee shall Tenant further covenants that it will not make any alterations, additions, alterations, or changes in of any kind to the Leased Premises Premises, without first obtaining Lessor’s securing the written approvalconsent of Landlord, which approval will not be unreasonably withheld. Notwithstanding the foregoing, Lessee may install in the Leased Premises any and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls after submission of the Leased Premises (a “Structural Modification”)plans therefor to Landlord. Upon termination Any alterations, additions, or changes as Landlord shall permit in writing shall be made at Tenant’s expense. Any such alterations, additions, or changes will, at the expiration of the LeaseTerm, Lessee shall remove all of Lessee’s Property and shall restore or the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modificationsooner termination thereof, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or Landlord; or, at Landlord’s option, the Premises shall be removed restored to its former condition at the expense of Tenant, provided, however, that Tenant shall have the right, so long as Tenant is not in default, to remove any trade fixtures or other fixtures installed by Lessee Tenant; provided further that Tenant shall be responsible for repair of any damages to the freehold occasioned by the removal thereof. Tenant will, in making any alterations, additions, changes, or repairs, as well as in its use of the Premises, fully comply with all federal and state laws, city or county ordinances, and regulations of all public authorities, as well as the requirements of the Association of Fire Underwriters, or similar governing insurance body, all at LesseeTenant’s expense. Lessee shall furnish Tenant covenants, at its own expense, promptly to Lessor, not less than 180 days prior comply with and do all things required by any notice served upon it or upon Landlord in relation to the expiration Premises or any part thereof, from any public authority, if the same shall be caused by Tenant’s use of the Lease termpremises, a written list or any alteration, addition, or change thereof. Tenant covenants that no liens shall attach to the Premises by virtue of all Structural Modifications; any alterations, additions, or changes made by Tenant, and that if any such lien is filed, Tenant will cause the same to be removed within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completiondays. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Lease Agreement (Sinclair Broadcast Group Inc)

Alterations. A. Lessee shall not make any additionsLandlord agrees to install the improvements described in Exhibit C. All other improvements to the Premises, alterations, or changes including all cabling within the walls in the Leased Premises without first obtaining Lessor’s written approvalor within Building common areas ("Alterations") shall be installed at the cost and expense of Tenant, but only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and only by Landlord or by contractors and subcontractors on Landlord's list of approved contractors. All cabling required by Tenant within the walls in the Premises or within Building common areas shall be installed by Landlord's approved contractors. In connection with any request for an approval of Alterations, Landlord may retain the services of an architect and/or engineer for the purpose of reviewing the plans and specifications submitted by Tenant and Tenant shall reimburse Landlord for the actual and reasonable fees of such architect and/or engineer. Tenant will also pay Landlord an amount equal to five percent (5%) of all the costs of such Alterations to reimburse Landlord for its inspection and supervision of the Alterations, which amount Landlord shall waive if Tenant utilizes Urban Innovations Ltd. as its general contractor for the Alterations. All Alterations shall be constructed in accordance with all governmental laws, ordinances, rules and regulations ("Laws") and Landlord's rules for contractors, including insurance requirements for contractors, and Tenant shall, prior to construction, provide such assurances to Landlord, including but not limited to, waivers of lien and surety company performance bonds, as Landlord shall require to assure payment of the costs thereof and to protect Landlord against any loss from any mechanics', laborers', materialmen's or other liens. At the time of completion of each Alteration, Tenant shall deliver to Landlord a set of final "as-built" plans. All Alterations shall be and remain the property of Tenant during the Term and Tenant shall, unless Landlord otherwise elects, remove all Alterations and restore the Premises to its original condition by the date of termination of this Lease or upon earlier vacating of the Premises; provided, however, that, if at such time Landlord so elects, such of the Alterations as Landlord shall elect shall become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and title shall pass to Landlord under this Lease as by a ▇▇▇▇ of sale. All such removals and restoration shall be accomplished in a good workmanlike manner and in accordance with Landlord's standard move in/move out procedures by contractors approved in writing by Landlord (which approval will shall not be unreasonably withheld. Notwithstanding ) so as not to damage the foregoingBuilding, Lessee may install or the Alterations which Landlord has elected will remain in the Leased Premises any and Premises. In particular, if Landlord has elected that cabling will remain in the Premises, all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee partition removal must be done in connection accordance with its business Landlord's standard move in/move out procedures and in such manner as will not adversely affect the cabling. B. Landlord shall be responsible for any costs incurred in bringing the shell and core Building facilities into compliance with the Americans With Disabilities Act (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls of the Leased Premises (a “Structural Modification”"ADA"). Upon termination or expiration of the Lease, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises If Tenant makes any Alterations to the condition in Premises which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modificationaffect ADA compliance, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or Tenant shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding responsible for any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages compliance with the ADA resulting from such removal. Such removal shall be completed on or before the date of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completionAlterations. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Lease Agreement (CURO Group Holdings Corp.)

Alterations. A. Lessee Sublessee may make the alterations described on Exhibit C attached hereto provided that the Prime Landlord consents to such alterations with no obligation on the part of Sublessor to restore the Sublet Premises upon expiration or termination of the Prime Lease. Sublessee shall not make any other alterations, additions or improvements to the Sublet Premises without the prior written consent of Sublessor; provided, however, Sublessee may, without the consent of Sublessor, but at its own cost and expense and in a good workmanlike manner, make such minor alterations, additions or improvements or erect, remove or alter such partitions, or erect such racks, shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. Sublessee shall make any such alterations, additions and improvements in compliance with applicable law and shall be responsible for obtaining necessary permits and any necessary consent of the Prime Landlord. All alterations, additions, improvements and partitions erected by Sublessee shall be and remain the property of Sublessee during the term of this Sublease and Sublessee shall, unless Sublessor otherwise elects as hereinafter provided, remove all alterations, or changes in the Leased Premises without first obtaining Lessor’s written approvaladditions, which approval will not be unreasonably withheld. Notwithstanding the foregoing, Lessee may install in the Leased Premises any improvements and all equipment, trade fixtures, furnishings, furniture partitions erected by Sublessee and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Lease, Lessee shall remove all of Lessee’s Property and shall restore the Leased Sublet Premises to their original condition by the condition in which it existed date of termination of this Sublease; provided, however, that if Sublessor so elects prior to installation termination of the Lessee’s Property. In the event Lessee makes a permitted Structural Modificationthis Sublease, Lessor such alterations, additions, improvements and partitions shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or Sublessor as of the date of termination of this Sublease and shall be delivered up to the Sublessor with the Sublet Premises. All racks, shelves, bins, machinery and trade fixtures installed by Sublessee may be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days Sublessee prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt termination of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removedSublease if Sublessee so elects, and shall be diligently conducted removed if required by Sublessor; upon any such removal Sublessee shall restore the Sublet Premises to completiontheir original condition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements situated on the Sublet Premises. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Sublease Agreement (Air Industries Group, Inc.)

Alterations. A. Lessee Tenant shall not make any no alterations, installations, additions, alterationsor improvements (herein collectively called "Alterations") in, or changes to, the Demised Premises or the Building, structural or otherwise, without Landlord's prior written consent. Tenant, at its sole cost and expense, must provide Landlord with a copy of the full mechanical and electrical plans for the floor (or floors) of the Demised Premises on which the Alterations are being made, revised by the Building architect and engineers, showing the Alterations proposed by Tenant for Landlord's approval. If any such Alterations are made without the prior written consent of Landlord, Landlord may correct or remove the same, and Tenant shall be liable for any and all expenses incurred by Landlord in the Leased Premises without first obtaining Lessor’s written approvalperformance of such work. All Alterations shall be at Tenant's sole expense, which shall comply with all laws, rules, orders, and regulations of governmental authorities having jurisdiction thereof, and shall be made at such times, and in such manner, as Landlord determines will not unreasonably interfere with the use of the Building by other Tenants and their respective demised premises. All Alterations shall be made only by such contractors or mechanics as are previously approved in waiting by Landlord. Such approval will by Landlord shall not be unreasonably withheldwithheld or delayed. Notwithstanding Approval of contractor(s) or mechanic(s) by Landlord shall be based upon the foregoingcontractor(s) or mechanic(s) being properly licensed, Lessee may install in the Leased Premises any their financial posture, experience, and past job performance. Tenant shall pay prevailing wages to all equipment, trade fixtures, furnishings, furniture contractor(s) and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls of the Leased Premises (a “Structural Modification”mechanic(s). Upon termination Unless stipulated otherwise by the Landlord at the time approval of improvements to be made is granted, Tenant shall not be required to remove any improvements made to the Premises. All Alterations to the Demised Premises, whether made by Landlord or Tenant, and whether at Landlord's or Tenant's expense, or the joint expense of Landlord and Tenant, shall be and remain the property of Landlord. Landlord, at the expiration of the LeaseTerm or any renewal or extension thereof, Lessee shall may elect to require Tenant to remove all all, or any part of, the Alterations made by the Tenant, subsequent to the Term Commencement Date, unless Landlord agrees in writing not to require the removal of Lessee’s an Alteration at the time Landlord consents to the Alteration. Removal of Tenant's Property and Alteration shall restore the Leased Premises be at Tenant's sole cost and expense and Tenant shall, at its sole cost and expense, repair any damage to the condition in which it existed prior to installation of Demised Premises or the Lessee’s PropertyBuilding caused by such removal. In the event Lessee makes a permitted Structural ModificationLandlord does not so elect, Lessor and Tenant does not remove Tenant's Property, it shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor Landlord. In the event Tenant fails to remove Tenant's property or shall the Alterations requested to be removed by Lessee at Lessee’s expense. Lessee shall furnish to LessorLandlord, not less than 180 days prior to on or before, the expiration of the Lease termTerm or any extension or renewal thereof, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephonethen, and data wiring in such event, the Landlord may remove Tenant's Property and fixturesAlteration from the Demised Premises at Tenant's sole cost and expense, and other fixtures (i) the Tenant hereby agrees to reimburse the Landlord for the cost and expense of such removal, together with any and all damages which are integrally incorporated into the Leased Premises Landlord may suffer and (ii) sustain by reason of the removal failure of Tenant to remove the same. Tenant further acknowledges that any violation of the foregoing requirement by Tenant will jeopardize Landlord's bond financing for the Building project of which the Demised Premises is a part and could likely cause Landlord to suffer and incur substantial monetary damage or injury for which Tenant would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of be solely and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completionexclusively liable. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Lease (Startec Global Communications Corp)

Alterations. A. Lessee (a) Tenant shall not make any alterations, additions or improvements to the Premises except for minor decorative changes (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord, which may be withheld in Landlord's reasonable discretion. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner, make non-structural changes including erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character or structure of the Premises or improvements and without overloading or damaging the Premises or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. Tenant shall not make any alterations, additions or improvements to the Premises which will contravene Landlord's policies insuring against loss or damage by fire or other hazards, including but not limited to commercial general liability, or which will prevent Landlord from securing such policies in companies acceptable to Landlord. If any such alterations, additions or improvements cause the rate of fire or other insurance on the Premises by companies acceptable to Landlord to be increased beyond the minimum rate from time to time applicable to the Premises for permitted uses thereof, Tenant shall pay as additional rent the amount of any such increase promptly upon demand by Landlord. (b) Any and all alterations, additions, alterationsimprovements, or changes in the Leased Premises without first obtaining Lessor’s written approval, which approval will not partitions and fixtures erected by Tenant shall be unreasonably withheld. Notwithstanding the foregoing, Lessee may install in the Leased Premises any and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Lease, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor Landlord and shall remain at the Premises upon termination of the Lease or shall upon earlier vacating of the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days Tenant prior to the expiration termination of this Lease provided such removal may be accomplished without damage to the Premises or to the primary structure or structural qualities of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by LesseeBuilding and other improvements situated on the Premises. Notwithstanding Tenant shall repair any provision herein damage to the contraryPremises, HVAC systemsor to the Building as a result of any alteration, plumbing lines and fixturesaddition, electricalimprovement, telephoneor repair to the Premises, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) or the removal of which would alter personal property or trade fixtures by Tenant, its employees, agents, invitees, or contractors to the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects Should Tenant fail to have conduct any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt ten days of written notice of the items to be removedfrom Landlord, Landlord may, at its option, perform same, and Tenant shall be diligently conducted remit payment to completionLandlord for the actual cost and expense incurred by Landlord in effecting such repair immediately upon demand. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Lease Agreement (Engage Technologies Inc)

Alterations. A. Lessee After completion of the Tenant Work, Tenant may, at any time during the Term, with the prior written consent of Landlord, make additions, alterations, changes, or improvements in or to the Premises or any part thereof as Tenant may from time to time deem reasonably necessary or desirable for the operation of Tenant’s business within the Premises consistent with the terms of this Lease; provided, however, that Tenant shall not have the right to make any additions, alterations, changes, or changes in improvements which affect the Leased Premises without first obtaining Lessor’s written approvalstructure, which approval will not be unreasonably withheld. Notwithstanding the foregoingstructural strength, Lessee may install in the Leased Premises any and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls outward appearance of the Leased Premises or the building. Tenant shall submit to Landlord plans and specifications for such work not later than fifteen (a “Structural Modification”)15) days prior to the time approval is sought. Upon Landlord may withhold approval in its absolute discretion. Any additions, alterations, changes, or improvements made in or to the Premises by Tenant shall be in compliance with all insurance requirements and regulations and ordinances of governmental authorities and shall, upon the expiration or sooner termination or expiration of the LeaseTerm, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor Landlord; provided, however, Landlord may at its option, require Tenant, at Tenant’s sole cost and expense, to remove any such additions, alterations, changes, or shall be removed by Lessee improvements at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration or sooner termination of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephoneTerm, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from to the Premises caused by such removal. Such removal shall be completed on Landlord hereby reserves the right at any time and from time to time during the Term to make any additions, alterations, changes, or before improvements (including without limitation, building additional stories) on, in, or to the date of building in which the expiration of Premises are contained, and reserves the Lease term provided herein, or, right to construct other buildings and improvements in the event of early termination due Shopping Center from time to default by Lessee, within a reasonable time after receipt of written notice of and at any time during the items to be removedTerm, and shall be diligently conducted to completionmake alterations thereto and to build additional stories on any such buildings and to build adjoining same and to construct multi-level parking facilities. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Lease Agreement

Alterations. A. Lessee Section 1. Tenant shall not make or cause to be made any additions, alterations, additions or changes improvement to the leased premises without the prior written approval of Landlord. Tenant shall present to Landlord plans and specifications for such work at the time approval is sought. Section 2. All alterations, decorations, additions and improvements made by Tenant shall be deemed to have attached to the leasehold and to have become the property of Landlord upon such attachment; upon expiration of this Lease or any renewal term thereof, Tenant shall not remove any of such alterations, decorations, additions and improvements, except that trade fixtures installed by Tenant may be removed, if all rents and other charges due herein are paid in full and Tenant is not otherwise in default hereunder; provided, however, that Landlord may designate by written notice to Tenant those alterations and additions which shall be removed by Tenant at the expiration or termination of the Lease and Tenant shall promptly remove the same and repair any damages to the leased premises caused by such removal or shall reimburse Landlord for the cost of repairing such damage. Section 3. Landlord acknowledges that Tenant intends to construct a clean room in the Leased Premises without first obtaining Lessor’s written high bay area of the leased premises and related items approved by Landlord. In the event Tenant elects to proceed with the construction of the clean room on the leased premises, Tenant, at its sole cost and expense, shall design, construct, repair and restore the clean room in accordance with plans and specifications (as they may be amended by approved change orders, the "Tenant Plans") to be submitted to Landlord for its approval. The Tenant Plans shall set forth in detail the requirements for the construction of the clean room (the "Tenant Improvements") and shall include, but not be limited to, all necessary civil, architectural, structural, mechanical, electrical, design and documentation required for the Tenant Improvements and shall conform to all applicable laws, ordinances, building codes, and requirements of public authorities and insurance underwriters and shall be signed and sealed by a professional engineer and/or an architect, each licensed and registered in the state in which the leased premises are located and each maintaining errors and omissions insurance coverage in the amount of at least $500,000. Tenant agrees to design and construct the Tenant Improvements in accordance with the Tenant Plans in a good and workmanlike manner, and in conformity with the construction guidelines provided by Landlord. In addition, a list of all contractors shall be submitted to Landlord for Landlord's approval, which approval will shall not be unreasonably withheld. Notwithstanding The Tenant's Plans are expressly subject to Landlord's approval, such approval not to be unreasonably withheld or delayed. Landlord shall review the foregoingTenant's Plans and give Tenant a response regarding its approval of the same within fifteen (15) days after receipt thereof. If Landlord shall be dissatisfied in any material respect with the Tenant's Plans, Lessee may install in Tenant shall promptly modify the Leased Premises same to the reasonable satisfaction of Landlord. Landlord's approval of the Tenant Plans shall not constitute a representation, warranty or agreement of, and Landlord shall have no responsibility or liability for the completeness or design sufficiency thereof or the compliance thereof with any and laws, rules or regulations of any governmental or other authority. Tenant agrees that all equipment, trade fixtures, furnishings, furniture and other personal property materials to be used by Lessee it in construction of the Tenant Improvements shall be of good quality and Tenant shall not impair the structure or the roof of the building in which the leased premises is located in connection therewith. Tenant agrees that it shall cause the clean room to be designed, constructed and completed in an orderly, clean and safe manner and that while the construction work is being performed, Tenant and its contractors shall provide builder's risk insurance coverage with its business (collectivelyLandlord as a named insured, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify which insurance coverage shall meet the structural integrity, foundation/slab, roof or exterior walls of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Lease, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Propertycriteria reasonable prescribed by Landlord. In the event Lessee makes that Tenant shall fail, for any cause, to complete the clean room on or before the Commencement Date, Landlord shall not be subject to any liability therefore nor shall such failure effect the validity of this Lease and Tenant's obligations hereunder, including Tenant's obligation to commence the term of the Lease and to pay rent and other sums due hereunder. Tenant will keep the leased premises free of liens of any sort and will hold Landlord harmless from any liens which may be placed on the leased premises. In the event a permitted Structural Modificationconstruction or other lien shall be filed against the leased premises or Tenant's interest therein as a result of any work undertaken by Tenant or its employees, Lessor agents, contractors or subcontractors, or as a result of any construction, repairs or alterations made by or any other act of Tenant or its employees, agents, contractors or subcontractors, Tenant shall, within twenty (20) days after receiving notice of such lien, discharge such lien either by payment of the indebtedness due the lien claimant or by filing a bond (as provided by statute) as security for the discharge of such lien provided such lien is not the result of Landlord's failure to release funds received as Improvement Rent. In the event Tenant shall fail to discharge such lien, Landlord shall after have the option right to elect whether procure such Structural Modification discharge by filing such bond, and Tenant shall remain pay the cost of such bond to Landlord on demand as additional. Landlord may designate by written notice to Tenant that all or any portion of the Leased Premises clean room and become the property of Lessor any other alterations, additions, improvements and fixtures made by or for Tenant, shall be removed by Lessee Tenant at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration or termination of the Lease termand Tenant shall promptly remove the same and restore and repair any damage to the leased premises caused by such removal. Section 4. In the event Tenant receives a bona fide offer from a third party to construct the Tenant Improvements (the “Proposed Construction Agreement”) which Construction Agreement Tenant desires to accept, Tenant shall give Landlord written notice of the Proposed Construction Agreement, including a description of the terms and conditions contained therein, and Landlord shall have the first right to construct the Tenant Improvements upon the same terms and conditions as set forth in the Proposed Construction Agreement. Landlord's election must be made by delivery of written list notice to Tenant within three (3) business days after receipt of all Structural Modifications; within thirty notice of the Proposed Construction Agreement from Tenant, and upon such exercise, Landlord and Tenant shall have an additional ten (3010) days of receipt of this listin which to enter into a binding construction agreement upon the terms set forth in the Proposed Construction Agreement and otherwise acceptable to Landlord and Tenant. In the event Landlord rejects the Proposed Construction Agreement, Lessor will furnish fails to Lessee a written list of all Structural Modifications accept the Proposed Construction Agreement within the three (3) day period, or the construction agreement is not entered into between Landlord and Tenant within the said ten (10) day period, Tenant shall have the right to be removed by Lesseeenter into the Proposed Construction Agreement, and upon entering into the Proposed Construction Agreement, Tenant's first right to construct the Tenant Improvements as provided herein shall expire. Notwithstanding any provision herein anything in this Article VII, Section 4 to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In in the event Lessor elects that Tenant provides written notice to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting Landlord within sixty (60) days from such removal. Such removal shall be completed on or before the date of the expiration this Lease that it will use and does use pre-designed, pre-engineered modular clean rooms tested and certified to Federal Standards (FS 209E), Institute of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removedEnvironmental Sciences (IES) Recommended Procedures, and shall be diligently conducted ISO/FDIS (Clean Rooms and Associated Controlled Environment Standards), the option granted to completionLandlord in this Article VII, Section 4 will not apply. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Lease Agreement (Advanced Photonix Inc)

Alterations. A. Lessee (a) Tenant shall not make no alterations or changes, structural or otherwise, to any additionspart of the Premises, alterationseither exterior or interior, or changes without Landlord's written consent. In the event of any such approved changes, Tenant shall have all work done at its own expense. Request for such consent shall be accompanied by plans stating in detail precisely what is to be done. Notwithstanding the Leased foregoing to the contrary, Tenant may make non-structural, cosmetic alterations to the interior of the Premises without first obtaining Lessor’s with Landlord's written approval, consent which approval will shall not be unreasonably withheld. Notwithstanding Tenant shall comply with the foregoingbuilding codes, Lessee may install regulations and laws now or hereafter to be made or enforced in the Leased municipality, county and/or state, which pertain to such work. Any additions, improvements (made after the initial improvements to the Premises), alterations and/or installations made by Tenant (except only office furniture, business equipment and trade fixtures including, but not limited to, wet laboratories, cabinetry, benches and scientific equipment; provided Tenant shall repair any damage to the Premises any upon removal of same) shall become and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls remain a part of the Leased Building and be and remain Landlord's property upon the termination of Tenant's occupancy of said Premises; provided, however, Landlord shall notify Tenant, at the time Tenant requests Landlord's approval to make alterations, that Landlord will or will not require Tenant to remove the proposed alterations from the Premises (a “Structural Modification”)upon the expiration or earlier termination of this Lease. Upon termination or expiration of the LeaseIf Landlord requires Tenant to remove such alterations as aforesaid, Lessee Tenant shall remove all of Lessee’s Property same, repair any damage to the Premises upon removing same, and shall restore the Leased Premises to the condition the Premises were in upon delivery of same to Tenant, at Tenant's sole cost and expense, ordinary wear and tear and damage due to casualty not required to be repaired by Tenant excepted. Tenant shall save Landlord harmless from and against all expenses, liens, claims or damages to either property or person which it existed prior to installation may or might arise by reason of the Lessee’s Propertymaking of any such additions, improvements, alterations and/or installations. In Landlord reserves the event Lessee makes right, subject to Articles 22 and 52, to change, increase or reduce, from time to time, the number, composition, dimensions or location of any parking areas, signs, the Building name, service areas, walkways, roadways or other common areas or make alterations or additions to the Building, in its sole discretion. Landlord's approval of Tenant's plans and specifications under this Article 9 or any other provisions of this Lease is solely for the purpose of ascertaining whether Tenant's proposed alterations will have an adverse impact on the structural components or Common Facilities of the Building and to insure the aesthetic and architectural harmony of the Tenant's proposed alterations with the remainder of the Building. No approval of plans by Landlord shall be deemed to be a permitted Structural Modificationrepresentation or warranty by Landlord that such plans or the work provided for therein will comply with applicable codes, Lessor laws or regulations or be in conformance with any insurance or other requirements which affect the Premises or the Building, and Tenant shall have the option to elect whether sole responsibility of complying with all such Structural Modification shall remain on the Leased Premises and become the property requirements notwithstanding Landlord's approval of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completionTenant's plans. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind(b) NOTICE IS HEREBY GIVEN THAT LANDLORD SHALL NOT BE LIABLE FOR ANY LABOR OR MATERIALS FURNISHED OR TO BE FURNISHED TO TENANT UPON CREDIT, granted or claimed byAND THAT NO MECHANICS' OR OTHER LIEN FOR ANY SUCH LABOR OR MATERIALS SHALL ATTACH TO OR AFFECT THE ESTATE OR INTEREST OF LANDLORD IN AND TO THE PREMISES OR THE BUILDING. WHENEVER AND AS OFTEN AS ANY LIEN ARISING OUT OF OR IN CONNECTION WITH ANY WORK PERFORMED, throughMATERIALS FURNISHED OR OBLIGATIONS INCURRED BY OR ON BEHALF OF TENANT SHALL HAVE BEEN FILED AGAINST THE PREMISES OR THE BUILDING, or under LesseeOR IF ANY CONDITIONAL ▇▇▇▇ OF SALE SHALL HAVE BEEN FILED FOR OR AFFECTING ANY MATERIALS, MACHINERY OR FIXTURES USED IN THE CONSTRUCTION, AV-BTRL6.LSE MVD-5/6/97 REPAIR OR OPERATION THEREOF, OR ANNEXED THERETO BY TENANT, TENANT SHALL FORTHWITH TAKE SUCH ACTION BY BONDING, DEPOSIT OR PAYMENT AS WILL REMOVE OR SATISFY THE LIEN OR CONDITIONAL ▇▇▇▇ OF SALE WITHIN TEN (10) DAYS OF LANDLORD'S WRITTEN REQUEST THEREFOR.

Appears in 1 contract

Sources: Office Lease (Boston Biomedica Inc)

Alterations. A. Lessee Tenant shall not make any alterations, additions or improvements to the premises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, or changes in additions, improvements and partitions erected by Tenant and restore the Leased Premises without first obtaining Lessor’s written approval, which approval will not be unreasonably withheld. Notwithstanding premises to their original condition by the foregoing, Lessee may install in the Leased Premises any date of termination of this lease and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approvalTenant shall, unless such installation would affect however, that if Landlord so elects prior to termination of this lease or modify the structural integrity, foundation/slab, roof or exterior walls upon earlier vacating of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Leasepremises, Lessee such alterations, additions, improvements and partitions shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration termination of this lease or upon earlier vacating of the Lease term provided herein, or, premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice primary structure or structural qualities of the items to be removed, buildings and shall be diligently conducted to completionother improvements situated on the premises. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Lease Agreement (Comfort Systems Usa Inc)

Alterations. A. Lessee Other than the Initial Tenant Improvements, Tenant shall not make any additions, no alterations, installations, additions or changes improvements (herein collectively called "Alterations") in or to the Demised Premises or the Building, structural or otherwise, without Landlord's prior written consent. Tenant, at its sole cost and expense, must provide Landlord with a copy of the full floor mechanical and electrical plans for the floor or floors of the Demised Premises on which the Alterations are being made, revised by the Building architect and engineers, showing the Alterations proposed by Tenant for Landlord's approval. If any such Alterations are made without the prior written consent of Landlord, Landlord may correct or remove the same, and Tenant shall be liable for any and all expenses incurred by Landlord in the Leased Premises without first obtaining Lessor’s written approvalperformance of such work. All Alterations shall be at Tenant's sole expense, which shall comply with all laws, rules, orders and regulations of governmental authorities having jurisdiction thereof and shall be made at such time and in such manner as Landlord determines will not unreasonably interfere with the use of the Building by other Tenants and their respective premises. All Alterations shall be made only by such contractors or mechanics as are approved in writing by Landlord. Such approval will shall not be unreasonably withheldwithheld or delayed. Notwithstanding Approval of contractors or mechanics by Landlord shall be based upon the foregoingcontractors or mechanics being properly licensed, Lessee may install in their financial posture, experience and past job performance. Tenant shall pay prevailing wages to all contractors and mechanics. All Alterations to the Leased Premises any Demised Premises, whether made by Landlord or Tenant, and all equipmentwhether at Landlord's or Tenant's expense, trade fixturesor the joint expense of Landlord and Tenant, furnishingsshall be and remain the property of Landlord, furniture hereinafter unless otherwise agreed to by Landlord and other personal property used by Lessee in connection with its business (collectivelyTenant. Landlord, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify at the structural integrity, foundation/slab, roof or exterior walls of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the LeaseTerm or any renewal or extension thereof, Lessee shall may elect to require Tenant to remove all or any part of Lessee’s the Alterations made by the Tenant, subsequent to the Term Commencement Date, unless Landlord agrees in writing not to require the removal of an Alteration at the time Landlord consents to the Alteration. Removal of Tenant's Property and Alteration shall restore the Leased Premises be at Tenant's cost and expense and Tenant shall, at its cost and expense, repair any damage to the condition in which it existed prior to installation of Demised Premises or the Lessee’s PropertyBuilding caused by such removal. In the event Lessee makes a permitted Structural ModificationLandlord does not so elect, Lessor and Tenant does not remove Tenant's Property, it shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor Landlord. In the event Tenant fails to remove Tenant's property or shall the Alterations requested to be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to Landlord on or before the expiration of the Lease termTerm or any extension or renewal thereof, a written list then and in such event, the Landlord may remove Tenant's Property and Alteration from the Demised Premises at Tenant's expense and the Tenant hereby agrees to reimburse the Landlord for the cost of such removal together with any and all Structural Modifications; within thirty (30) days damages which the Landlord may suffer and sustain by reason of receipt the failure of this list, Lessor Tenant to remove the same. Tenant further acknowledges that any violation of the foregoing requirement by Tenant will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to jeopardize Landlord's bond financing for the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal Building project of which the leased premises is a part and could likely cause Landlord to suffer and incur substantial monetary damage or injury to which Tenant would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completionliable. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Lease Agreement (Startec Global Communications Corp)

Alterations. A. Lessee Tenant shall not make any additions, alterations, additions or changes in improvements to the Leased Premises (including but not limited to roof and wall penetrations) without first obtaining Lessor’s the prior written approvalconsent of Landlord, which approval will consent shall not be unreasonably withheldwithheld or delayed. Notwithstanding Tenant may, without the foregoingconsent of Landlord, Lessee but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixture as it may install deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in the Leased Premises any and each case complying with all equipmentapplicable governmental laws, trade fixturesordinances, furnishings, furniture regulations and other personal requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approvalof Tenant during the Term of the Lease and Tenant shall, unless such installation would affect Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this Lease or modify the structural integrity, foundation/slab, roof or exterior walls upon earlier vacating of the Leased Premises (a “Structural Modification”). Upon provided, however, that if Landlord so elects prior to termination of this Lease or expiration upon earlier vacating of the LeasePremises that such alterations, Lessee additions, improvements and partitions shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and shall be delivered up to the Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal tenant shall restore the Premises to their original conditions. All such removals and restoration shall be accomplished in good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements situated on the Premises B. Tenant shall remove any sumps and clarifiers and any related Hazardous Materials ("Hazardous Materials" shall mean petroleum and petroleum products, asbestos, and PCBs and any "hazardous substances", "hazardous materials", or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Hazardous Materials Transportation Act, as amended, or the Resource Conservation and Recovery Act, as amended, those substances, materials and wastes which are defined as "hazardous wastes" or as "hazardous substances" in the Washington Health and Safety Code or Labor Code, and "hazardous" or "toxic" in the regulations adopted or publication promulgated pursuant to any of said laws) in or about the Premises and associated with ▇▇▇▇▇▇'s use and occupancy thereof upon the expiration or earlier termination of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completionthis Lease. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Lease Agreement (Gargoyles Inc)

Alterations. A. Lessee Tenant shall not make any additions, alterations, additions or changes in improvements to the Leased Premises or penetrate any roof or exterior demising wall, or install any antenna, satellite dish, or any exterior structure, without first obtaining Lessor’s the prior written approvalconsent of Landlord, which approval will not to be unreasonably withheld. Notwithstanding Any interior work to the foregoing, Lessee may install in Premises will also require the Leased Premises any and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approvalprior written consent of Landlord, unless such installation would affect work done is strictly aesthetic in nature, i.e. painting, picture hanging, etc. Alterations, additions, and improvements erected by Tenant shall be and remain the property of Tenant during the term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition upon Commencement Date by the date of termination of this Lease or modify the structural integrity, foundation/slab, roof or exterior walls upon earlier vacating of the Leased Premises (a “Structural Modification”). Upon Premises; provided however, that if Landlord so elects prior to termination of this Lease or expiration upon earlier vacating of the LeasePremises, Lessee such alterations, additions, and improvements shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor the Landlord as of the date of termination of the Lease or upon earlier vacating of the Premises, and shall be delivered up to the Landlord with the Premises. However, any and all non-structural alterations to the Premises per this Section 6 of the Lease are the sole property of the Tenant. . Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not alter the basic character of the Premises or the building and/or improvements of which the Premises are a part; (b) such items do not overload or damage the same; (c) such items may be removed without injury to the Premises; and (d) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord’s specifications and requirements. All shelves, bins, machinery, and trade fixtures installed by Tenant shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the earlier to occur of the date of termination of this Lease or vacating the expiration Premises, at which time Tenant shall restore the Premises to their original condition upon Commencement Date. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structural qualities of the Lease term provided herein, or, in buildings and other improvements situated on the event Premises or of early termination due to default by Lessee, within which the Premises are a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completionpart. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Lease Agreement (Cryo Cell International Inc)

Alterations. A. Lessee Tenant shall not make any additions, alterations, additions or changes in improvements to the Leased Premises premises (including but not limited to roof and wall penetrations) without first obtaining Lessor’s the prior written approvalconsent of Landlord, which approval will consent shall not be unreasonably withheld. Notwithstanding Tenant may, without the foregoingconsent of Landlord, Lessee but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may install deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in the Leased Premises any and each case complying with all equipmentapplicable governmental laws, trade fixturesordinances, furnishings, furniture regulations and other personal property used requirements. All alterations, additions, improvements and partitions erected by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Lease, Lessee Tenant shall remove all of Lessee’s Property be and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor Tenant during the term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this Lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration termination of this Lease or upon earlier vacating of the Lease term provided herein, or, premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice primary structure or structural qualities of the items to be removed, buildings and shall be diligently conducted to completionother improvements situated on the premises. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Lease Agreement (Converse Inc)

Alterations. A. Lessee Tenant shall not have the right to make any additions, alterationsalterations or additions to the Premises, or changes in construct additional improvements on the Leased Premises without first obtaining Lessor’s Premises, subject to the prior written approvalconsent of Landlord, which approval will consent shall not be unreasonably withheld, conditioned or delayed; provided, however, that Landlord's prior written consent will not be necessary for any alteration, addition, or improvement of a cosmetic and non-structural nature. Notwithstanding the foregoing, Lessee may install in the Leased Premises any and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Lease, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or All work shall be removed by Lessee at Lessee’s expense. Lessee made with due diligence, in a good and workmanlike manner and in compliance with all laws, ordinances, orders, rules, regulations, certificates of occupancy, or other governmental requirements, and provided Tenant shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within provide Landlord with thirty (30) days of receipt advance notice before commencing such work, excepting the cosmetic work. Title to all improvements constructed or installed by Tenant shall be and remain vested in Tenant during the term of this listLease. All alterations, Lessor additions, fixtures, and improvements, whether temporary or permanent in character, made to the Premises by Tenant, will furnish immediately vest in Landlord at the end of the Term of this Lease and will remain on the Premises without compensation to Lessee a written list of Tenant. Notwithstanding anything to the contrary in this section, all Structural Modifications to equipment, shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Lessee. Notwithstanding any provision herein Tenant prior to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal termination of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration of the this Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removedif Tenant so elects, and shall be diligently conducted removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal, Tenant shall repair the portion of the Premises from which such equipment, shelves, bins, machinery or trade fixtures were removed. Upon Lease expiration, Tenant shall, upon Landlord's request, remove its cabling from the Premises and the Building. All such removals and restoration shall be accomplished in good workmanlike manner so as not to completiondamage the primary structure or structural qualities of the Buildings and other improvements situated on the Premises. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Office Lease Agreement (F5 Networks Inc)

Alterations. A. Lessee Sub-subtenant shall not make any additionsno changes in or to the Leased Premises without obtaining Landlord’s prior written consent. Subject to the prior written consent of Landlord, and to the provisions of this Article 8, Sub-subtenant may make alterations, installations, additions or changes improvements which do not affect the structure of the Premises or the Leased Premises or their utility services or plumbing and electrical lines, and provided same are in and affect only the interior of the Leased Premises, using contractors or mechanics first approved in writing by Landlord. All fixtures, all electrical items and all paneling, partitions, railings and like installations installed in the Leased Premises without first obtaining Lessorat any time, either by Sub-subtenant or by Landlord on Sub-subtenant’s written approvalbehalf, which approval will not shall become the property of Landlord and shall remain upon and be unreasonably withheld. Notwithstanding the foregoing, Lessee may install in surrendered with the Leased Premises any and all equipmentunless Landlord, by notice to Sub-subtenant no later than thirty (30) days prior to the Lease Termination Date or before sixty (60) days after the expiration of this Lease, elects to have them removed by Sub-subtenant, in which event the same shall be removed from the Leased Premises by Sub-subtenant forthwith. Nothing in this Article 8 shall be construed to prevent Sub-subtenant’s removal of trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless but upon removal of any such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls of trade fixtures from the Leased Premises (a “Structural Modification”). Upon termination or expiration upon removal of the Leaseother installations as may be required by Landlord, Lessee Sub-subtenant shall remove all of Lessee’s Property immediately and shall at its expense repair and restore the Leased Premises to the condition in which it existed existing prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modificationinstallation, Lessor and shall have the option repair any damage to elect whether such Structural Modification shall remain on the Leased Premises and become the due to such removal. All property of Lessor permitted or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications required to be removed by Lessee. Notwithstanding any provision herein to Sub-subtenant at the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into end of the Term remaining in the Leased Premises after Sub-subtenant’s removal shall be deemed abandoned and may be removed from the Leased Premises by Landlord at Sub-subtenant’s expense, which right of Landlord shall survive the expiration of this Lease. Sub-subtenant shall, before making any alterations, additions, installations or improvements, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (iiupon completion) certificates of final approval thereof and shall promptly deliver duplicates of all such permits, approvals and certificates to Landlord; and Sub-subtenant agrees to carry such workers’ compensation, general liability, personal and property damage insurance as Landlord may reasonably require. Sub-subtenant agrees to obtain and deliver to Landlord written and unconditional waivers of lien upon the removal real property of which would alter the structural integrityLeased Premises form a part, foundation/slab or roof for all work, labor and services to be performed and materials to be furnished in connection with such work, signed by all contractors, subcontractors, materialmen and laborers who become involved in such work. The work shall be done in a good and workmanlike manner and in compliance with all applicable law, ordinances, codes, governmental rules, regulations and requirements, and in accordance with the standards, if any, of the Board of Fire Underwriters the jurisdiction of which includes the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completion. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Sub Sublease (Perfumania Holdings, Inc.)

Alterations. A. Lessee Tenant shall not make any alterations, additions, partitions, or other improvements to the Premises without the prior written consent of Landlord. Tenant, at its own cost and expense, may erect shelves, bins, machinery and trade fixtures as it desires as well as alterations, additions, partitions, or changes other improvements which have been specifically consented to in writing by Landlord, provided that (i) such items do not alter the Leased basic character of the Premises or the building and/or improvements of which the Premises are a part, (ii) such items do not overload or damage the same, (iii) such items may be removed without first obtaining Lessor’s written approvalinjury to the Premises, which approval will not be unreasonably withheld. Notwithstanding and (iv) the foregoingconstruction, Lessee may install in erection or installation thereof complies with all applicable governmental laws, codes, ordinances, regulations, or any other applicable authorities, including, without limitation, the Leased Premises any Americans with Disabilities Act of 1990 (the "ADA"), and all equipmentwith Landlord's details, trade fixtures, furnishings, furniture specifications and other personal requirements, (v) any architectural, engineering, construction management, permits, inspections or other cost or fee required to assure compliance with conditions set forth in this Paragraph 6 shall be paid by Tenant promptly upon demand. All alterations, additions, partitions, or other improvements erected by Tenant shall be and remain the property used by Lessee in connection with its business (collectivelyof Tenant during the term of this Lease; provided however, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify at the structural integrity, foundation/slab, roof or exterior walls termination of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the this Lease, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor Landlord shall have the option option, exercisable in Landlord's sole discretion, to elect whether require Tenant either upon request to remove, at Tenant's sole cost and expense, all or part of each alterations, additions, partitions, or other improvements, at which time Tenant shall promptly restore the Premises to its condition immediately prior to the commencement date, or to keep in place the same at which time such Structural Modification alterations, additions, improvements, and partitions shall remain on the Leased Premises and become the property of Lessor or Landlord. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the earlier to occur of the date of termination of this Lease or vacating the expiration Premises, at which time Tenant shall restore the Premises to their original condition. All alterations, installations, removals and restoration shall be performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural qualities of the Lease term provided herein, or, in buildings and other improvements situated on the event Premises or of early termination due to default by Lessee, within which the Premises are a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completionpart. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Commercial Lease (Integrated Information Systems Inc)

Alterations. A. Lessee Tenant shall not make any alterations, additions or improvements to the premises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, alterations, or changes in the Leased Premises without first obtaining Lessor’s written approval, which approval will not improvements and partitions erected by Tenant shall be unreasonably withheld. Notwithstanding the foregoing, Lessee may install in the Leased Premises any and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Lease, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor Tenant during the term of this lease and Tenant shall, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration termination of this lease or upon earlier vacating of the Lease term provided herein, or, premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice primary structure or structural qualities of the items to be removed, buildings and shall be diligently conducted to completionother improvements situated on the premises. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Lease Agreement (Cortelco Systems Inc)

Alterations. A. Lessee (a) Tenant shall not make any alterations, additions or improvements to the Premises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner, erect such shelves, bins, machinery and trade fixtures as it may deem advisable, so long as such work is non-structural in nature, does not affect the roof or any area outside of the Premises, does not materially affect the electrical, plumbing, HVAC or mechanical systems in the Building or servicing the Premises, or the sprinkler or other life safety system, does not overload or damage the Building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Lease Term and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the Expiration Date or changes in the Leased Premises without first obtaining Lessor’s written approval, which approval will not be unreasonably withheld. Notwithstanding the foregoing, Lessee may install in the Leased Premises any and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls upon earlier vacating of the Leased Premises (a “Structural Modification”). Upon termination by Tenant at Tenant’s sole cost and expense; provided, however, that if Landlord so elects prior to the Expiration Date or expiration earlier vacating of the LeasePremises, Lessee all such alterations, additions, improvements and partitions shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or Landlord and shall be delivered up to Landlord with the Premises. All non-permanently affixed racks, shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the Expiration Date if Tenant so elects, and shall be removed by Lessee at Lesseethe Expiration Date or upon earlier vacating of the Premises if required by Landlord. Upon any such removal, Tenant shall restore the Premises to their original condition, reasonable wear and tear excepted. All such removals and restoration shall be accomplished in good workmanlike manner so as not to damage the primary structure or structural qualities of the Building and other improvements situated within the Premises. With regard to Tenant’s expenseWork and to any alterations, additions or improvements made by Tenant to the Premises for which Landlord consent is required pursuant to Section 8(a), Tenant shall: (i) establish a construction disbursement account or record a surety bond; (ii) record a notice of posted security; and (iii) timely comply with all other requirements of Nevada Revised Statutes (“NRS”) Chapter 108, including, without limitation, NRS Chapter 108.2403 and NRS 108.2407, and for the providing of security, the noticing of posted security, and all other requirements of NRS Chapter 108 or its successor statutes as such statutes apply to Tenant’s Work or to alterations, additions or improvements for which Landlord consent is required pursuant to Section 8(a). Lessee shall furnish to LessorIn that regard, not less than 180 days prior to the expiration commencement of Tenant’s Work or any alterations, additions or improvements for which Landlord consent is required pursuant to Section 8(a), Tenant shall furnish Landlord with evidence, reasonably acceptable to Landlord, that (x) the Lease termaccounts or bonding required by NRS Chapter 108 are in place and established, a written list of all Structural Modifications; within and (y) Landlord shall be notified by the bonding agent/account officer, in writing, thirty (30) days prior to cancellation, material change, or nonrenewal of receipt such account/bonding. Landlord may, from time to time, prepare, record and deliver, as required by NRS 108.234, notices of this listnon-responsibility that Landlord deems necessary or appropriate in connection with Tenant’s Work or any alterations, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein additions or improvements to the contrary, HVAC systems, plumbing lines Premises by or on behalf of Tenant; and fixtures, electrical, telephone, Tenant shall promptly provide Landlord such documents and data wiring and fixtures, and other fixtures (iinstruments requested by Landlord in connection with the same. Tenant agrees that this Section 8(b) which are integrally incorporated into serves as the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects notice to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration of the Lease term provided herein, or, in the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the items to be removed, and shall be diligently conducted to completionTenant required under NRS 108.234(3)(e). B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Lease Agreement (Leatt Corp)

Alterations. A. Lessee Subtenant shall not only be permitted to make any additionsalterations and improvements (“Alterations”) to the Sublease Premises in accordance with the terms of Section 4 of the Master Lease, alterations, or changes in the Leased Premises without first obtaining Lessorsubject to Tenant’s prior written approvalconsent, which approval will consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding If Subtenant obtains Master Lessor’s approval of any Alterations to the foregoingSublease Premises, Lessee may install in the Leased Premises Tenant’s consent shall not be required provided Master Lessor releases Tenant from any and all equipmentliability associated with such Alterations. Tenant’s approval of an Alteration (including as set forth in this Section 8.2) shall not be a representation by Tenant that the Alteration complies with all applicable Requirements or will be adequate for Subtenant’s use. Notwithstanding anything to the contrary contained herein, Subtenant’s obligation to repair any damage caused by its removal of Subtenant’s trade fixtures, furnishingsequipment, furniture and other personal property used by Lessee and Alterations from the Sublease Premises shall extend only to restore to the Existing Condition, and, provided Master Lessor releases Tenant from any and all liability associated with such Alterations, Subtenant shall only be obligated to make such repairs to the extent Master Lessor requires the repairs. If Subtenant remains in connection the Sublease Premises with its business (collectivelyLandlord’s consent following Lease termination, “Lessee’s Property”) without obtaining Lessor’s approvalSubtenant shall be relieved of any obligations to remove any items from the Sublease Premises on termination; provided, unless such installation would affect or modify however, Subtenant shall remain financially liable to Tenant for the structural integrity, foundation/slab, roof or exterior walls of cost to return the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Lease, Lessee shall remove all of Lessee’s Property and shall restore the Leased Sublease Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration of the Lease term provided herein, or, Existing Condition in the event that Tenant is held financially responsible to Master Lessor for returning the Property to Master Lessor in the condition set forth in the Master Lease. Subject to Master Lessor consent, Tenant hereby approves the following Alterations by Subtenant: (a) Construction of early termination due to default by Lessee, within a reasonable time after receipt offices and improvements shown on Exhibit “D” hereto; (b) Installation of written notice data and telephone communications cabling and equipment; and (c) Installation of the items to be removed, and shall be diligently conducted to completionSubtenant’s manufacturing equipment. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Sublease Agreement (Exar Corp)

Alterations. A. Lessee Tenant shall not make any alterations, additions or improvements to the Premises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. Tenant may, without the consent of Landlord, but at its own cost and expense, and in a good workmanlike manner, erect such shelves, bins, machinery and trade fixtures as it may deem advisable without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions and improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by T▇▇▇▇▇ and restore the Premises to their original condition by the date of termination of this Lease or upon earlier vacating of the Premises, provided, however, that if Landlord so elects prior to termination of this Lease or upon earlier vacating of the Premises, such alterations, or changes in the Leased Premises without first obtaining Lessor’s written approvaladditions, which approval will not be unreasonably withheld. Notwithstanding the foregoingimprovements, Lessee may install in the Leased Premises any and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Lease, Lessee partitions shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor the Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and shall be delivered up to the Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by the Tenant may be removed by the Tenant prior to termination of this Lease if Tenant so elects, and shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (30) days of receipt of this list, Lessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and repair any damages resulting from such removal. Such removal shall be completed on or before the date of the expiration termination of this Lease or upon earlier vacating of the Lease term provided herein, or, Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in good workmanlike manner so as not to damage the event of early termination due to default by Lessee, within a reasonable time after receipt of written notice primary structure or structural qualities of the items to be removed, buildings and shall be diligently conducted to completionother improvements situated on the Premises. B. Lessee covenants and agrees to keep the premises free and clear of all liens and encumbrances of whatsoever kind, granted or claimed by, through, or under Lessee.

Appears in 1 contract

Sources: Lease Agreement (Tango Inc)