Alterations. Absent Landlord’s written consent, Tenant may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect 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. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, 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 the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expense
Appears in 3 contracts
Sources: Office Lease, Office Lease, Office Lease
Alterations. Absent LandlordA. Lessee shall not make any additions, alterations, or changes in the Leased Premises without first obtaining Lessor’s written consent, Tenant may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural in natureapproval, which do approval will not effect be unreasonably withheld. Notwithstanding the Servicesforegoing, utilities or other operations or services of Lessee may install in the Leased Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities 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 other agencies having jurisdiction 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 Alterations and upon receiving sameproperty of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, 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 not less than 180 days prior to Tenant’s commencing the Alterations. Should expiration of the Lease term, 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien written list of all Structural Modifications; within thirty (30) days of said filing at Tenant’s sole cost 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 expensefixtures, 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. Any installation In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of materialsand 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, fixtures and or, in the like shall become event of early termination due to default by Lessee, within a reasonable time after receipt of written notice of the property of Landlord upon such installation items to be removed, and shall remain in be diligently conducted to completion.
B. Lessee covenants and agrees to keep the Office upon ▇▇▇▇▇▇’s surrender premises free and clear of same. Howeverall liens and encumbrances of whatsoever kind, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownershipgranted or claimed by, in which eventthrough, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseunder 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. Absent Tenant shall not do any painting or decorating, or erect any partitions, make any alterations in or additions to the Premises or do any nailing, boring or screwing into the ceilings, walls or doors, without Landlord’s 's prior written consentconsent in each and every instance. Unless otherwise agreed by Landlord and Tenant in writing, all such work shall be performed either by or under the direction of Landlord, but at the sole cost of Tenant. Landlord's decision to refuse such consent shall be conclusive. If Landlord consents to such alterations or additions, before commencement of the work or delivery of any materials into the Premises or into the Building, Tenant shall furnish Landlord for approval: (A) Plans and specifications; (B) Names and addresses of contractors; (C) Copies of contracts; (D) Necessary permits; and (E) Indemnification and insurance in form and amount satisfactory to Landlord from all contractors performing labor or furnishing materials, insuring against any and all claims, costs, damages, liabilities and expenses which may make no arise in connection with the alterations or additions. Landlord may withhold approval of any alteration or additions if the plans and specifications therefor are not acceptable to Landlord or Landlord's architect or engineer (if any). In connection with any request for approval of any alterations or additions by Tenant, Landlord may retain the services of an outside architect and/or engineer and the reasonable fees of such architect and/or engineer shall be reimbursed to Landlord by Tenant. Landlord's approval of any plans or specifications shall not be construed to be an agreement or representation on Landlord's part as to the Officeadequacy or suitability of Tenant's alterations or additions. With In the event Landlord permits the alterations or additions to be completed by Tenant's contractor, Landlord reserves the right to require that Tenant shall terminate its contract with any such contractor in the event said contractor shall be engaged in a labor dispute which disrupts said contractor work. Landlord shall also have the right to order any contractor of Tenant who violates any of Landlord’s written consent's requirements or standards of work to cease work and to remove himself, his equipment and his employees from the Building. Landlord or the managing agent of the Building shall be entitled to charge a fee for supervision and coordination of all such alterations. Tenant agrees that its contractors shall not conduct their work in such a manner so as to interfere with or cause any interruption of either (A) Landlord's construction; (B) another tenant's occupancy or construction; or (C) other phases of Landlord's operation of the Building. Tenant hereby agrees to indemnify and hold Landlord, its beneficiaries, partners and their respective agents and employees harmless from any and all liabilities of every kind and description which may arise out of or be connected in any way with said alterations or additions. Any mechanic's lien filed against the Premises, or the Project, for work claimed to have been furnished to Tenant shall be discharged of record or bonded against by Tenant within ten (10) days thereafter, at Tenant's expense. Upon completing any alterations or additions, Tenant shall furnish Landlord with contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used. All alterations and additions shall comply with all insurance requirements and with all ordinances and regulations of any pertinent governmental authority. All alterations and additions shall be constructed in a good and workmanlike manner and only good grades of materials shall be used. All additions, decorations, fixtures, hardware, non-trade fixtures and all improvements, temporary or permanent, in or upon the Premises, whether placed there by Tenant or by Landlord, shall, unless Landlord requests their removal, become Landlord's property and shall remain upon the Premises at the termination of this Lease, by lapse of time or otherwise, without compensation or allowance or credit to Tenant. Landlord may, at its sole option, request Tenant, at Tenant’s 's sole cost cost, to remove same at the termination of the Term, and expenseif, may make alterationsupon Landlord's request, installations and improvements (the “Alterations”) to the Office provided they are Tenant does not remove said additions, decorations, fixtures, hardware, non-structural in naturetrade fixtures and improvements, which do not effect Landlord may remove 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. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the 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 pay the cost of such insurance removal to Landlord prior to Tenant’s commencing the 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, 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 the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensedemand.
Appears in 3 contracts
Sources: Office Lease (Biotel Inc.), Asset Purchase Agreement (Biotel Inc.), Office Lease (Biotel Inc.)
Alterations. Absent 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’s written consent. 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 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, or, at Landlord's option and discretion, 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 trade fixtures as it may make no alterations 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 each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the Office. With Landlord’s written consenttermination of this Lease if Tenant so elects, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (shall be removed by the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities date of termination of this Lease or other operations or services upon earlier vacating of the Premises and which are done if required by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Landlord; upon any such removal Tenant shall obtain all permits, approvals, certificates required by any restore the Premises to their original condition. All such removals and all municipal authorities restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or other agencies having jurisdiction structural quality of the 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, 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 the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseBuilding.
Appears in 3 contracts
Sources: Lease Agreement (Daleen Technologies Inc), Lease Agreement (Daleen Technologies Inc), Lease Agreement (Daleen Technologies Inc)
Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the Officepremises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. With Landlord’s written consentSuch consent will not be denied provided the improvements are building standard office/warehouse finishes. 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 '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 good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may make 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, installations 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 “Alterations”) premises to their original condition by the Office provided they are non-structural in nature, which do not effect the Services, utilities date of termination of this lease or other operations or services upon earlier vacating of the Premises and which are done by contractors and sub-contractors approved by premises; provided, however, that if Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities so elects prior to termination of this lease or other agencies having jurisdiction upon earlier vacating of the Premises premises, such alterations, additions, improvements 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like partitions shall become the property of Landlord as of the date of termination of this lease or upon such installation earlier vacating of the premises and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered up to the installations Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by giving Tenant thirty (30) days written notice may be removed by Tenant prior to the Termination Date termination of such relinquishment of ownershipthis lease if Tenant so elects, in which event, they and shall become Tenant’s and must be removed by the date of termination of this lease or upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession earlier vacating of the Office, premises if required by Landlord; upon any such removal Tenant shall remove all personal property restore the premises to their original condition with consideration for normal wear and installations tear. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished damage the primary structure or structural qualities of the building and Tenant shall immediately restore and repair the Office to that condition existing other improvements situated on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensepremises.
Appears in 3 contracts
Sources: Lease Agreement (Hayes Corp), Lease Agreement (Hayes Corp), Lease Agreement (Hayes Corp)
Alterations. Absent Landlord’s written consent(a) Tenant shall not make, Tenant may make no alterations or permit to be made, any alterations, additions or improvements to the OfficePremises, or any part thereof, without the prior written consent of Landlord, which consent shall not be unreasonably withheld. With Landlord’s written consentNormal repair and maintenance work, Tenantincluding 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, may 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, installations and improvements additions or improvements, notwithstanding consent from Landlord to do so, until ten (the “Alterations”10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the Office provided they are contrary herein, Tenant may construct non-structural alterations, additions and improvements in naturethe Premises without Landlord’s prior approval so long as (i) such alterations, which do addition or improvements will not effect materially or adversely affect the ServicesBuilding Systems, utilities (ii) the total cost of any such alterations, additions or other operations improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or services improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements, or if Landlord’s consent is not required for any such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises and which are done 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 contractors and sub-contractors approved Tenant without Landlord’s consent if such consent is required by Landlord in every instancethe terms of this paragraph ll(a). Before making AlterationsTenant shall not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall obtain have the right to 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 have reasonable approval rights over any alterations to the 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 permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction property that has become an integral part of the Premises Building, shall at once be 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation Landlord, and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of samenot be deemed trade fixtures, but any or all are subject to removal pursuant to paragraph 10 hereof. However, Landlord may relinquish such right of ownership Notwithstanding anything to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownershipcontrary herein, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture furniture, equipment and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all other personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining installed in the Office after the Termination Date Premises (“Tenant’s Property”) shall at all times be deemed abandoned by and remain Tenant’s property. Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseProperty from the Premises at any time, provided that Tenant repairs all damage caused by such removal. Landlord shall have no lien or other interest in any item of Tenant’s Property.
Appears in 2 contracts
Sources: Lease Agreement (Silk Road Medical Inc), Lease Agreement (Silk Road Medical Inc)
Alterations. Absent Landlord’s written consentAll alterations, Tenant may make no alterations to the Office. With Landlord’s written consentadditions and improvements, except trade fixtures, installed at expense of Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect 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. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in upon and be surrendered with the Office upon ▇▇▇▇▇▇’s surrender leased premises as a part thereof on the termination of samethis lease. HoweverSuch alterations, Landlord additions, and improvements may relinquish such right only be made with the prior written consent of ownership Landlord, which consent shall not be unreasonably withheld. If consent is granted for the making of improvements or alterations to the installations leased premises, 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, in connection with the making of such improvements or alteration. No cooling tower, equipment, or structure of any kind shall be placed on the roof or elsewhere on the leased premises by giving Tenant thirty (30) days without prior written notice prior 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 roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily so that repairs to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which roof can be easily movedmade, 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 the Termination Date and surrender termination of possession of the Officethis lease, Tenant shall remove all personal property and installations or cause to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and be removed from the roof any such cooling tower, equipment or structure if directed to do so by Landlord. Tenant shall immediately restore promptly repair at its expense any damages resulting from such removal. At the termination of this lease, Tenant shall deliver the leased premises in good order and repair the Office to that condition existing on the Commencement Datecondition, natural deterioration only excepted. Any and all property damage caused by the installation of Tenant remaining in the Office after the Termination Date trade fixtures shall be deemed abandoned repaired at Tenant's expense prior to the expiration of the lease term. All alterations, improvements, additions, and repairs made by Tenant shall be made in good and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseworkmanlike manner.
Appears in 2 contracts
Sources: Commercial Lease, Commercial Lease
Alterations. Absent Landlord’s written consentAfter the Commencement Date, Tenant may shall not make no any additions, changes, alterations or improvements (“Alterations”) to the OfficePremises or the Building, without the prior written consent of Landlord. With Landlord’s written consent, Tenant, All Alterations shall be at Tenant’s sole cost and expense, may make alterations, installations shall be performed in a good and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect 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. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any workmanlike manner and all municipal authorities or other agencies having jurisdiction materials used shall be of a quality comparable to those in the Premises and 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 request, provision of a lien and upon receiving same, Tenant shall deliver duplicate or certified copies completion bond in an amount equal to Landlord 150% 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 the cost of such insurance to Landlord prior to Tenant’s commencing the 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 OfficeIn 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 cause 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 file 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 deemed a bond 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. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of any Alterations. Except as otherwise provided herein, all Alterations, except Tenant’s moveable personal property that does not become a part of the Building shall remain in and be surrendered with the amount stated in Premises as a part thereof at the mechanic’s lien within thirty (30) days expiration or sooner termination of said filing 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 sole cost and expense. Any installation of materials, 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 the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished expense and Tenant shall immediately restore and repair all damage to the Office Premises or Building occurring as a result of such removal or restoration. If Tenant fails to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date remove any Alterations as required by Landlord or repair any damage occurring during such removal, Landlord shall be deemed abandoned by Tenant and Landlord may either retain entitled to remove any Alterations or make such abandoned property or may remove such abandoned property repairs, at Tenant’s expense. Tenant shall comply with all applicable laws, codes and regulations in connection with all Alterations.
Appears in 2 contracts
Sources: Lease Agreement (Pacific Biometrics Inc), Lease Agreement (Pacific Biometrics Inc)
Alterations. Absent LandlordSubtenant acknowledges and agrees that Subtenant’s written consent, Tenant may make no alterations right to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities construct or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making install any Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities additions or other agencies having jurisdiction of the 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, improvements 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 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 OfficeSublease Premises shall be subject to (i) the prior written consent of Sublandlord (which shall not be unreasonably withheld) and Master Landlord, Tenant and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the 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 pay reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be paid undertaken, such alterations, additions or file a bond improvements in the amount stated 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 mechanicSublease 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 lien within thirty (30) days agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of said filing at Tenant’s sole cost the 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 expense. Any 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 materialscertain alterations, fixtures 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 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 Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the like shall become the property security deposit referred to in Section 5.4 of this Sublease and (iii) Master Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership has consented to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensethis Sublease.
Appears in 2 contracts
Alterations. Absent Landlord’s written consentExcept for the Tenant Improvements, Tenant may will not make no alterations any alterations, additions or improvements to the OfficePremises (including, but not limited to, roof and wall penetrations without the prior written consent of Landlord (not to be unreasonably withheld, or delayed). With Tenant may, without the consent of Landlord’s written consent, Tenant, but at Tenant’s sole its own cost and expenseexpense and in a good workmanlike manner, may make alterationserect such shelves, installations bins, machinery, movable lab benches, equipment, trade fixtures (defined as any fixtures used by Tenant in its specific business and improvements (the “Alterations”not paid for by Landlord) to the Office provided they are and other non-structural in natureinterior improvements as it may deem advisable, which do not effect without altering the Services, utilities basic character or other operations or services structure of the Premises or improvements and without overloading or damaging the Premises or Building, and in each case complying with all Applicable Laws. Tenant will not make any alterations, additions or improvements to the Premises which are done will contravene Landlord’s policies insuring against loss or damage by contractors fire or other hazards, including but not limited to commercial general liability, or which will prevent Landlord from securing such policies in companies reasonably 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 (as reasonably documented by Landlord), Tenant will pay as Additional Rent the amount of any such increase promptly upon demand by Landlord. Within thirty (30) days receipt of reasonable documentation from Landlord following the completion of any alteration, addition, or improvement at the Premises by Tenant that requires the prior consent of Landlord, Landlord will be reimbursed for any reasonable outside consultant or design professional costs actually incurred by Landlord to 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 suball alterations, additions, improvements, partitions and fixtures erected by Tenant will be the property of Landlord and will remain at the Premises upon termination of the Lease or upon earlier vacating of the Premises. All shelves, bins, machinery, trade fixtures, and other interior non-contractors approved structural improvements installed by Tenant will remain the 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 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 personal property or trade fixtures by Tenant, or any Tenant Party. Should Tenant fail to conduct any such repair within ten (10) days of written notice from Landlord, Landlord may, at its option, perform same, and Tenant will remit payment to Landlord for the actual cost and expense incurred by Landlord in every instanceeffecting such repair promptly upon demand. Before making AlterationsTenant will have no authority, Tenant shall obtain all permitsexpress or implied, approvalsto create or place any lien or encumbrance of any kind or nature whatsoever upon, certificates required by or in any and all municipal authorities or other agencies having jurisdiction 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 Alterations and upon receiving same, leasehold interest granted to Tenant shall deliver duplicate or certified copies to Landlord of each and every oneby this instrument. Tenant shall carry covenants 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 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 Office, Tenant shall agrees that it will pay or cause to be paid all sums legally due and payable by it on account of any labor performed or file a bond materials furnished in connection with any work performed on the Premises at the request of Tenant on which any lien is or can be validly and legally asserted against its leasehold interest in the amount stated 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 asserted claims or liens against the leasehold estate or against the right, title and interest of Landlord in the mechanic’s lien within thirty (30) days Premises or under the terms of said filing at Tenant’s sole cost and expense. Any installation of materials, 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 the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensethis Lease.
Appears in 2 contracts
Sources: Lease Agreement (Precision Biosciences Inc), Lease Agreement (Precision Biosciences Inc)
Alterations. Absent Landlord’s written consentAll alterations, Tenant may make no alterations to the Office. With Landlord’s written consentadditions and improvements, except trade fixtures, installed at expense of Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect 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. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in upon and be surrendered with the Office upon ▇▇▇▇▇▇’s surrender leased premises as a part thereof on the termination of samethis lease. HoweverSuch alterations, Landlord additions, and improvements may relinquish such right only be made with the prior written consent of ownership Landlord, which consent shall not be unreasonably withheld. If consent is granted for the making of improvements or alterations to the installations leased premises, 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, in connection with the making of such improvements or alterations. No cooling tower, equipment, or structure of any kind shall be placed on the roof or elsewhere on the leased premises by giving Tenant thirty (30) days without prior written notice prior 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 roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily, so that repairs to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which roof can be easily movedmade. 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 the Termination Date and surrender termination of possession of the Officethis lease, Tenant shall remove all personal property and installations or cause to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and be removed from the roof any such cooling tower, equipment or structure if directed to do so by Landlord. Tenant shall immediately restore promptly repair at its expense any damages resulting from such removal. At the termination of this lease, Tenant shall deliver the leased premises in good order and repair the Office to that condition existing on the Commencement Datecondition, natural deterioration only excepted. Any and all property damage caused by the installation or removal of Tenant remaining in the Office after the Termination Date trade fixtures shall be deemed abandoned repaired at Tenant's expense prior to the expiration of the lease term. All alterations, improvements, additions, and repairs made by Tenant shall be made in good and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseworkmanlike manner.
Appears in 2 contracts
Sources: Commercial Lease (United Oilfield Services Inc), Commercial Lease (Penge Corp)
Alterations. Absent LandlordA. Lessee shall not wake any alterations or additions to the Premises without first delivering to Lessor a copy of all plans and specifications for such alterations or additions and obtaining Lessor’s prior written consent, Tenant may make no alterations which consent shall not be unreasonably withheld or conditioned. Lessor agrees to provide notice of its decision to Lessee within 20 days after Lessor has received all plans and specifications required to be delivered by Lessee to Lessor and upon which a decision is to be made. Lessor’s failure to deliver to Lessee notice withholding Lessor’s consent thereto or requesting additional information within the 20 day period shall be deemed Lessor’s granting of consent. Notwithstanding the foregoing, subject to Lessee’s compliance with the other requirements of this paragraph 12, Lessor hereby consents to Lessee making its initial tenant improvements to the OfficePremises provided Lessee delivers to Lessor, within 30 days of Lessee’s receipt of such documents, copies of all government approvals and permits, plans, specifications and the Certificate of Final Completion and Occupancy or its equivalent. With LandlordIn addition, after the completion of the alterations and additions to the Premises in connection with Lessee’s written initial occupation of the Premises, Lessee shall have the right, without Lessor’s consent, Tenant, at Tenant’s sole cost and expense, may to make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural alterations and additions to the Premises, provided that the aggregate cost of such alterations and additions made without consent shall not exceed $500,000 over the term of this Lease and no one alteration or addition shall cost more than $50,000. Any permitted alterations or additions, other than Lessee’s equipment and trade fixtures, shall remain on and be surrendered with the Premises on expiration or termination of the term or any extension thereof, unless Lessor elects to require Lessee to remove all of its alterations or additions that Lessee has made to the Premises, in naturewhich event Lessee shall remove all such alterations or additions at its sale cost shall restore the Premises to the condition when received by Lessee on the Lease Commencement Date, which do not effect the Servicesordinary wear and tear and damage by fire, utilities earthquake, or other operations or services act of God excepted. If Lessee fails to so restore and to remove such alterations and additions and its equipment and trade fixtures from the Premises and which are done Lessor incurs costs to restore the Premises or to remove additions or alteration made by contractors Lessee or Lessee’s equipment and sub-contractors approved by Landlord trade fixtures and to remove any hazardous materials as defined in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates paragraph 8.C.(1) of this Lease and remediate any contamination as required by any paragraph 8.C.(4) of this Lease, Lessee shall reimburse Lessor for all such costs incurred and all municipal authorities or other agencies having jurisdiction shall also reimburse Lessor for the Base Monthly Rent prorated for each day after the expiration of the term that Lessor must occupy the Premises for the purpose of removing Lessee’s alterations, additions, equipment and trade fixtures or making repairs.
B. If Lessee makes any alterations or additions to the Premises as provided in this paragraph 12, the alterations or additions shall not be commenced until five (5) business days after Lessor has received written notice from Lessee stating the date the installation of the alterations or additions is to commence so that Lessor may post and record an appropriate notice(s) of non-responsibility.
C. Lessee’s right to make additions and alterations, and the Alterations and consent of Lessor given as set forth or required by this paragraph 12, shall be deemed conditioned upon receiving sameLessee’s acquiring every permit required to make such alterations, Tenant additions or improvements from all governmental agencies whose approval is required. Lessee shall deliver duplicate or certified copies to Landlord furnish a copy of each and every one. Tenant permit to Lessor prior to beginning any such work and shall carry complete said work according to applicable building codes and cause other applicable governmental regulations and permitting requirements in a worker-like and expeditious manner.
D. Lessee shall pay all costs for any and all alterations or additions done by it or caused to be carried done by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts it on the Premises as Landlord requires, naming Landlord as insured and Tenant permitted by this Lease. Lessor shall deliver evidence of such insurance have no obligation or responsibility to Landlord prior make any alterations or improvements to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, except as specifically provided in this Lease. Lessee shall keep the Premises free and clear of all mechanics’ liens resulting from any alterations or additions done by or for work done Lessee. Lessee shall have the right to contest the correctness or claimed the validity of any such lien if, immediately on demand by Lessor, Lessee procures and records a lien release bond issued by a corporation authorized to have been done or materials supplied issue surety bonds in California in an amount equal to one and one-half times the amount of the claim of lien. The bond shall meet the requirements of Civil Code Section 3143 and shall provide for Tenant or to the Officepayment of any sum that the claimant may recover on the claim (together with costs of suit, Tenant shall pay or cause to be paid or file a bond if it recovers in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, 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 the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseaction).
Appears in 2 contracts
Sources: Sublease (Audentes Therapeutics, Inc.), Sublease (Audentes Therapeutics, Inc.)
Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the OfficePremises (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. With Tenant may, without the consent of Landlord’s written consent, Tenant, but at Tenant’s sole its own cost and expenseexpense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may make 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, installations 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 “Alterations”) Premises to their original condition by the Office provided they are non-structural in nature, which do not effect the Services, utilities date of termination of this Lease or other operations or services upon earlier vacating of the Premises and which are done by contractors and sub-contractors approved by Premises, provided, however, that if Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities so elects prior to termination of this Lease or other agencies having jurisdiction upon earlier vacating of the 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 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 Officesuch alterations, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost additions, improvements and expense. Any installation of materials, fixtures and the like partitions shall become the property of Landlord as of the date of termination of this Lease or upon such installation earlier vacating of the Premises and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered up to the installations Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by giving Tenant thirty (30) days written notice may be removed by Tenant prior to the Termination Date termination of such relinquishment of ownershipthis Lease if Tenant so elects, in which event, they and shall become Tenant’s and must be removed by the date of termination of this Lease or upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession earlier vacating of the Office, Premises if required by Landlord; upon any such removal Tenant shall remove all personal property restore the Premises to their original condition. All such removals and installations restoration shall be accomplished in good workmanlike manner so as not to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished damage the primary structure of structural qualities of the buildings and Tenant shall immediately restore and repair the Office to that condition existing other improvements situated on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensePremises.
Appears in 2 contracts
Sources: Lease Agreement (Intracel Corp), Lease Agreement (Intracel Corp)
Alterations. Absent Landlord’s written consent, Tenant may shall not make no nor permit to be made any ----------- alterations or improvements to the OfficePremises without obtaining Landlord's prior written consent which shall not be unreasonably withheld, and then only by contractors or mechanics approved by Landlord. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make Landlord shall generally consent to alterations, installations and additions, or improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect affect the Services, utilities or other operations or services value of the Premises significantly and which are do not affect the structure or operation of the Building. Tenant covenants and agrees that all work done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by be performed in full compliance with any and all municipal authorities or other agencies having jurisdiction applicable laws, statutes, rules, orders, ordinances, regulations, and requirements of the Premises federal, state, and local governments, and all their departments and bureaus, as well as the Alterations requirements of the Association of Fire Underwriters, or similar governing insurance body. Unless otherwise approved by Landlord, all alterations, additions, 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 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 improvements to the OfficePremises 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, and improvements to the Premises required by any governmental agency during the term of this Lease, which costs shall include a reasonable overhead and profit charge by Landlord. Tenant shall report all costs incurred by Tenant for any alterations, additions, or cause improvements made by Tenant to be paid the Premises and shall permit Landlord to examine all contracts and records relating to such alterations, additions, or file a bond in improvements. All alterations, additions, and improvements to the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like Premises by Landlord or Tenant shall become part of the realty and belong to Landlord and, at the end of the term hereof, shall remain on the Premises without compensation of any kind to Tenant, except that any trade fixtures which are installed and paid for by Tenant shall remain the property of Landlord upon such installation Tenant and shall remain in may be removed by Tenant during the Office upon ▇▇▇▇▇▇’s surrender term of same. However, Landlord may relinquish such right of ownership this Lease provided Tenant repairs any damage to the installations remaining improvements of the Premises caused by giving Tenant thirty (30) days written notice prior to the Termination Date removal of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Datefixtures. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office Moveable furniture and equipment which can be easily moved. Upon of Tenant shall remain the Termination Date and surrender of possession property of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expense.
Appears in 2 contracts
Sources: Office Building Lease (Physicians Quality Care Inc), Office Building Lease (Physicians Quality Care Inc)
Alterations. Absent Tenant shall not make alterations and additions to Tenant's space except in accordance with plans and specifications therefor first approved by Landlord’s written consent, 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 other improvements which Tenant requests to remain in the Premises 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 make no 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 OfficeSite and, except for installation of furnishings, shall be performed by Landlord's general contractor or by contractors or workers first approved by Landlord. With Except for work by Landlord’s written consent'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 in 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 may 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’s sole cost and expense.
3.6.1 Notwithstanding the terms of Section 3.6, may Tenant shall have the right, without obtaining the prior consent of Landlord, to make alterations, installations and additions or improvements (the “Alterations”) to the Office provided they Premises where:
(i) the same are non-structural in nature, which do not effect within the Services, utilities or other operations or services interior of the Premises within the Building, and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction do not affect the exterior of the Premises and the Alterations Building (including no - 27 - signs on the 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 upon receiving samefire protection systems of the Building;
(iii) the cost of any individual alteration, addition, or improvement shall not exceed $2,500.00 and the aggregate cost of said alterations, additions or improvements made by Tenant during the Lease Term shall not exceed $10,000.00 in cost; and
(iv) Tenant shall deliver duplicate comply with the provisions of this Lease and if such work increases the cost of insurance or certified copies to Landlord taxes or 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 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 Officeservices, Tenant shall pay or cause to be paid or file a bond for any such increase in the amount stated in the mechanic’s lien cost; provided, however, that Tenant shall, within thirty fifteen (3015) days after the making of said filing 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 Tenant’s sole cost and expense. Any installation of materials, 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 the installations by giving Tenant thirty least twenty (3020) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession expiration or earlier termination of the OfficeLease Term, may require Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office Premises to that its condition existing on prior to such alteration, addition or improvement at the Commencement Date. Any and all property expiration or earlier termination of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseLease Term.
Appears in 2 contracts
Sources: Lease Agreement (Unica Corp), Lease Agreement (Unica Corp)
Alterations. Absent Landlord’s written consent(a) Tenant shall not make any alterations, Tenant may make no alterations additions or improvements (collectively, "Alterations") in, on or to the OfficePremises or any part thereof without the prior written consent of Landlord. With Any Alterations, except for Tenant's movable furniture and equipment, shall immediately become Landlord’s written consent's property and, at the end of the Term, shall remain on the Premises without compensation to Tenant; provided, however, that any such movable furniture and equipment, otherwise belonging to Tenant, but which shall remain on the Premises at the expiration or other termination of the Term shall also become the property of Landlord unless promptly removed by Tenant. In the event Landlord shall consent to the making of any Alterations by Tenant, the same shall be made by Tenant, at Tenant’s 's sole cost and expense, may make alterations, installations in accordance with plans and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors specifications previously approved by Landlord Landlord, and any contractor or person selected by Tenant to make Alterations must first be approved in every instancewriting by Landlord. Before making Alterationsany Alterations shall be commenced, Tenant shall furnish Landlord with workmen's compensation and public liability insurance and shall comply with all applicable laws, including but not limited to the Mechanic's Lien Law of the State of Florida, ordinances, regulations, building codes, and shall obtain all required permits, approvalsinspections, and certificates as shall be required by any and all municipal authorities or other governmental agencies having jurisdiction thereof. Upon the expiration or sooner termination of the Premises and the Alterations and upon receiving sameTerm, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried upon demand by each contractor and sub-contractorLandlord, 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s 's sole cost and expense, remove any Alterations made by or for the account of Tenant, which Landlord shall designate for removal, and Tenant shall, at its sole cost and expense, repair and restore the Premises to its original condition. Any installation Notwithstanding the aforementioned, Tenant will only be required to remove those Alterations not previously approved by Landlord.
(b) Lessee shall not paint or install any signs in or on the Premises, on the exterior doors, plate glass or exterior walls of materialsthe Premises or the Building, fixtures without the prior written consent of Landlord. Such written consent shall be required as to the content of the sign, its size, material, format, the manner and method of its installation. Landlord reserves the like shall become right to require Tenant, at Tenant's sole expense, to modify, remove, replace or redesign its sign so as to harmonize the property of Landlord upon such installation sign with the overall appearance and shall remain design now or hereafter existing in the Office upon ▇▇▇▇▇▇’s surrender of sameBuilding. However, Landlord may relinquish reserves the right to change the sign policies and design criteria with respect thereto at any time during this Lease and Tenant agrees to conform to such right of ownership to the installations by giving Tenant thirty changes within fifteen (3015) days of receipt of written notice prior to the Termination Date of such relinquishment of ownershipfrom Landlord pertaining thereto. No furniture, in which eventdoormats, they or other objects shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, placed by Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after corridors or elsewhere in or about the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseBuilding other than within the Premises.
Appears in 2 contracts
Sources: Lease Agreement (Cardionet Inc), Lease Agreement (Cardionet Inc)
Alterations. Absent Landlord’s written consenta) Tenant shall not create any openings in the roof or exterior walls, Tenant may nor make no alterations any alterations, additions or improvements to the Officeexterior Demised Premises without prior written consent of Landlord. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make Consent for minor alterations, installations additions, or improvements shall not be unreasonably withheld by Landlord. Tenant shall have the right to make alterations and improvements (the “Alterations”) to the Office interior of the building on the Demised Premises and at all times to install Tenant's shelves, bins, machinery, equipment and trade fixtures, provided they are non-Tenant complies with all applicable governmental laws, ordinances and regulations, and further provided that such installations by Tenant shall not cause any structural in nature, which do not effect the Services, utilities or other operations damage or services deface the Demised Premises. Providing Tenant is not in default of any of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterationsterms, covenants or conditions of this Lease, Tenant shall obtain all permitshave the right to remove at the termination of this Lease such items so installed, approvalsincluding any machinery or equipment installed and paid for by Tenant, certificates required if any (as specifically differentiated from any such equipment owned by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving sameLandlord); however, 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-contractorshall, 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 the termination of this Lease, promptly repair any damage caused by such removal.
b) Except as otherwise provided above regarding Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises's right to remove certain installations or additions, for work done or claimed to have been done or materials supplied for all alterations, additions and improvements made by Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in at the Office upon ▇▇▇▇▇▇’s surrender termination or expiration of same. Howeverthis Lease, or Landlord may relinquish require Tenant to remove such right of ownership alterations, additions and improvements and any other property placed in or on the Demised Premises by Tenant and restore the property to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownershipits original condition, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore repair any damage caused by such removal and repair leave the Office to that condition existing on the Commencement Date. Any Demised Premises in a broom clean and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseorderly condition.
Appears in 2 contracts
Sources: Lease Agreement With Option to Purchase (Hanover Compressor Co), Lease Agreement With Option to Purchase (Hanover Compressor Co)
Alterations. Absent Landlord’s Tenant shall make no changes in or to the demised premises of any nature without Owner's prior written consent. Subject to the prior written consent of Owner, and to the provisions of this article, Tenant may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and 's expense, may make alterations, installations and installations, additions or improvements (the “Alterations”) to the Office provided they which are non-structural in nature, and which do not effect affect utility services or plumbing and electrical lines, in or to the Services, utilities or other operations or services interior of the Premises demised premises by using contractors or mechanics first approved by Owner. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and which are done certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the 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 such ▇▇▇▇▇▇▇'▇ compensation, general liability, personal and property damage insurance, in such amounts insurance as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the AlterationsOwner may require. Should a If any mechanic’s 's lien be is filed against the Office and/or Premisesdemised premises, or the building of which the same forms a part, for work done or claimed to have been done for, or materials supplied for furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within thirty days thereafter, at Tenant's expense, by filing the bond required by law. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or to the Officeby Owner in Tenant's behalf, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materialsshall, fixtures and the like shall upon installation, become the property of Landlord upon such installation Owner and shall remain in upon and be surrendered with the Office upon ▇▇▇▇▇▇’s surrender of same. Howeverdemised premises unless Owner, Landlord may relinquish such right of ownership by notice to the installations by giving Tenant thirty (30) no later than twenty days written notice prior to the Termination Date date fixed as the termination of such relinquishment of ownershipthis lease, elects to relinquish Owner's right thereto and to have them removed by Tenant, in which event, they event the same shall become Tenant’s and must be removed upon from the Termination Datepremises by Tenant prior to the expiration of the lease, at Tenant's expense. Nothing herein is meant in this Article shall be construed to give Landlord any ownership rights in and Owner title to or to prevent Tenant’s 's removal of trade fixtures, moveable office furniture and equipment which can equipment, but upon removal of any such from the premises or upon removal of other installations as may be easily moved. Upon the Termination Date and surrender of possession of the Officerequired by Owner, Tenant shall remove all personal property immediately and installations at its expense, repair and restore the premises to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore the condition existing prior to installation and repair any damage to the Office demised premises or the building due to that condition existing on such removal. All property permitted or required to be removed, by Tenant at the Commencement Date. Any and all property end of Tenant the term remaining in the Office premises after the Termination Date Tenant's removal shall be deemed abandoned by Tenant and Landlord may may, at the election of Owner, either retain such abandoned be retained as Owner's property or may remove such abandoned property be removed from the premises by Owner, at Tenant’s 's expense.
Appears in 2 contracts
Sources: Office Lease (American Portfolios Holdings Inc), Office Lease (American Portfolios Holdings Inc)
Alterations. Absent Landlord’s written consent, Tenant may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural nonstructural in nature, which do not effect 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. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, 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 the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇L▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or 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. Absent Landlord’s written consent, Tenant may shall not make no alterations any alterations. additions or improvements to the Officepremises (including, without limitation, the roof and wall penetrations) without the prior written consent of Landlord, which consent shall not be unreasonably withheld. With Tenant may, without the consent of Landlord’s written consent, Tenant, but at Tenant’s sole its own cost and expenseexpense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may make 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, installations 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 “Alterations”) premises to their original condition by the Office provided they are non-structural in nature, which do not effect the Services, utilities date of termination of this lease or other operations or services upon earlier vacating of the Premises premises; provided, however, that if at such time Landlord so elects such alterations, additions, improvements and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like partitions shall become the property of Landlord as of the date of termination of this lease or upon such installation earlier vacating of the premises and title shall remain in the Office upon pass to Landlord under this lease as by a bill ▇▇▇▇▇▇’s surrender of same▇ sale. HoweverAll shelves, Landlord bins, machinery and trade fixtures installed by Tenant may relinquish such right of ownership to the installations be removed by giving Tenant thirty (30) days written notice prior to the Termination Date termination of such relinquishment of ownershipthis lease if Tenant so elects, in which event, they and shall become Tenant’s and must be removed by the date of termination of this lease or upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession earlier vacating of the Officepremises if required by Landlord: upon any such removal, Tenant shall remove all personal property restore the premises to their original condition. All such removals and installations 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 ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and the premises are situated. If Landlord shall, in its sole discretion, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall immediately restore construct the same in accordance with all governmental laws, ordinances, rules and repair the Office regulations and shall, prior to that condition existing on the Commencement Date. Any construction, provide such assurances to Landlord, (including but not limited to, waivers of lien, surety company performance bonds and all property personal guaranties of Tenant remaining in the Office after the Termination Date individuals of substance) as Landlord shall be deemed abandoned by Tenant and require to protect Landlord may either retain such abandoned property against any loss from any mechanics', laborers' or may remove such abandoned property at Tenant’s expensematerialmen's liens, or other liens.
Appears in 1 contract
Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the Officepremises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord, which consent shall not be unreasonably withheld 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. With Tenant may, without the consent of Landlord’s written consent, Tenant, but at Tenant’s sole its own cost and expenseexpense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may make 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, installations additions, improvements and partitions erected by Tenant shall be and remain the property 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 Tenant and restore the “Alterations”) premises to their original condition, reasonable wear and tear excepted, by the Office provided they are non-structural in nature, which do not effect the Services, utilities date of termination of this lease or other operations or services upon earlier vacating of the Premises premises; otherwise such alterations, additions, improvements and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like partitions shall become the property of Landlord as of the date of termination of this lease or upon such installation earlier vacating of the premises and shall remain 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 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 Office 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 the time Tenant requests Landlord's consent to a proposed alteration, addition or improvement, Landlord will indicate in its consent to the proposed alteration, addition or improvement (assuming that Landlord otherwise consents thereto) whether Landlord will require the removal of such alteration, addition or improvement upon ▇▇▇▇▇▇’s surrender the termination of samethis Lease. HoweverOtherwise, Landlord may relinquish such right of ownership elect to require Tenant to remove any alteration, addition or improvement made by Tenant to the installations premises, or all or any part of Landlord's Work or Tenant's Work (as provided in Paragraph 31) by giving Tenant thirty (30) days written notice to Tenant at any time prior to termination of this lease specifying the Termination Date of such relinquishment of ownershipalterations, in which event, they shall become Tenant’s and must additions and/or improvements to be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseremoved.
Appears in 1 contract
Alterations. Absent Landlord’s The TENANT shall not make permanent alterations, redecorate or remove any portion of the building, exterior or interior, without the written consentconsent of the Housing Office. The Management will perform on a scheduled program the painting of apartments. Should TENANT damage or depreciate the unit, Tenant the TENANT shall pay the full cost of restoring the premises to its prior condition. Locks may only be altered or replaced by the LANDLORD. ANIMALS: NO animal or pets are permitted in CST Housing without the express approval of the Campus Housing Office. 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 increase not less than sixty (60) days 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 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 no alterations a request to the Officehouse an additional appliance with certain restrictions. With Landlord’s written consent, Tenant, at Tenant’s sole cost ASBESTOS DISCLOSURE: California Assembly Bill 3713 mandates that we notify all students and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services TENANTS who occupy College buildings of the Premises presence 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 which 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 done responsible and liable for bicycles owned by contractors them and subtheir children. CHECK-contractors approved by Landlord 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 every instanceto an apartment. Before making Alterationschecking out, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities each TENANT must fill out a Notice of Intent to Vacate Form or other agencies having jurisdiction of the 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien give written notice within thirty (30) days of said filing the move-out date, and must make an appointment with the Director of Housing to schedule a check-out, at Tenant’s sole cost which time the TENANT will return all keys, laundry cards, provide a forwarding address, and expensepay all outstanding balances. Any installation of materialsThe TENANT is responsible for returning all keys, fixtures laundry cards, and a forwarding address to the like shall become the property of Landlord upon such installation Housing Office during normal business hours. CHILDREN: Parents are responsible for their children's actions and shall remain activities. Children must be accompanied and supervised at all times. Do not leave toys in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensepublic areas.
Appears in 1 contract
Sources: Residential Lease Agreement
Alterations. Absent A. Tenant shall not make any alterations, improvements or additions to the Leased Premises (collectively "ALTERATIONS") which may affect the structure of the Building or the Building's heating, ventilation, air conditioning, mechanical, electrical, plumbing or life safety systems (the "BUILDING SYSTEMS"). Any other Alterations shall be subject to the prior written consent of Landlord’s . The term "Alterations" does not include those improvements described in the Tenant Improvement Work Letter attached to this Lease as Exhibit C, which improvements are governed by the terms of Exhibit C.
B. If Landlord consents (which consent shall not be unreasonably withheld or delayed) to any Alterations, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with (i) insurance against liabilities which may arise out of the Alterations and (ii) copies of plans and specifications and all permits necessary for the Alterations. Any Alterations shall be done at Tenant's expense by employees of or contractors hired by Landlord, except to the extent Landlord gives its prior written consentconsent to Tenant's hiring its own contractors. In all events, Tenant shall use Landlord's contractors for Alterations to and Alterations affecting any Building Systems. Tenant shall promptly pay to Landlord or Tenant's contractors, as the case may make no alterations to be, when due, the Officecost of all such Alterations. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services Upon completion of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain deliver to Landlord, if payment is made by Tenant directly to contractors, evidence of payment, all permitscontractors' and subcontractors' affidavits, approvalsfull and final waivers of all liens for labor, certificates required by any services or materials and such other supplemental documentation as Landlord may reasonably require, all municipal authorities or other agencies having jurisdiction of the Premises in form and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies substance satisfactory to Landlord of each and every oneLandlord. Tenant shall carry defend and cause hold Landlord and the Property harmless from, and shall pay, all liabilities, claims, judgments, costs, damages, liens and expenses related 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 All repairs and Alterations done by Tenant or its contractors pursuant to Paragraphs 8 or 9 shall be done in a mechanic’s lien be filed against first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws, ordinances, rules, regulations and orders of all courts and other tribunals, governmental and quasi- governmental departments and agencies.
C. All Alterations and any other improvements to the Office and/or Leased Premises, pursuant to Exhibit C or otherwise, whether temporary or permanent in character, made or paid for work done by Landlord or claimed Tenant, shall without compensation to have been done Tenant become Landlord's property at the termination of this Lease by lapse of time or materials supplied for otherwise and shall, unless Landlord requests their removal (in which case Tenant or shall remove the same in the same manner and time as is provided in Paragraph 17 with respect to Tenant's property) be relinquished to Landlord in good condition, order and repair, ordinary wear and tear excepted. At such time as Tenant requests Landlord's consent to make Alterations to the OfficeLeased Premises, Tenant may also request Landlord's consent to leave such Alterations at the termination of this Lease, by lapse of time or otherwise. Landlord's consent or refusal to consent shall be given at the same time as (but shall be an independent determination from) Landlord's consent to the making of such Alterations. Such Alterations to which Landlord has given its consent to leave pursuant to this Paragraph 9.B, and which are in good working order and condition at the end of the Lease (hereinafter called "APPROVED ALTERATIONS") may be left by the Tenant at the termination of this Lease. Landlord may also grant, at the time Tenant requests consent to make Alterations, the right to remove such Alterations to the Leased Premises which were paid for by Tenant if (i) such removal in Landlord's reasonable judgment shall not damage the Leased Premises or the Building; (ii) Tenant shall pay or cause to be paid or file a bond the cost of any damage caused in the amount stated in removal; and (iii) Tenant indemnifies and holds Landlord harmless from and against any loss, cost or damage arising from the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, 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 the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseremoval.
Appears in 1 contract
Sources: Lease Agreement (Privatebancorp Inc)
Alterations. Absent Landlord’s written consent, Tenant may The Lessee shall not make no any alterations in or additions to the Office. With Landlord’s premises without the Lessor's advance written consent, Tenant, at Tenant’s sole cost consent in each and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect 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. Before making AlterationsThe Lessor's decision to refuse such consent shall be conclusive. If the Lessor consents to such alterations or additions before commencement of the work or delivery of any materials onto the premises or into the Building, Tenant the Lessee shall obtain all permitsfurnish the Lessor with plans and specifications, approvalsnames and addresses of contractors, certificates required by copies of contracts, necessary permits and indemnification in form and amount satisfactory to Lessor and waivers of lien against any and all municipal authorities claims, costs, ALANORTH, L.L.C. OFFICE LEASE 1 damages, liabilities and expenses which may arise in connection with the alterations or other agencies having jurisdiction additions. All additions and alterations shall be installed in a good, workmanlike manner and only new, high-grade materials shall be used. Whether the Lessee furnishes the Lessor the foregoing or not, the Lessee hereby agrees to hold the Lessor harmless from any and all liabilities of every kind and description which may arise out of or be connected in any way with said alterations or additions. Before commencing any work in connection with alterations or additions, the Lessee shall furnish the Lessor with certificates of insurance from all contractors performing labor or furnishing materials insuring the Lessor against any and all liabilities which may arise out of or be connected in any way with said additions or alterations. The Lessee shall pay the cost of all such alterations and additions and also the cost of decorating the premises occasioned by such alterations and additions. Upon completing any alterations or additions, the Lessee shall furnish the Lessor with contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and materials expended and used. All alterations and additions shall comply with all insurance requirements and with all ordinances and regulations of any department or agency thereof and with the requirements of all statutes and regulations of the Premises State of Illinois or of any department or agency thereof. The Lessee shall permit the Lessor to supervise construction operations in connection with alterations or additions if the Lessor requests to do so. All additions, hardware, non-trade fixtures and all improvements, temporary or permanent, in or upon the premises, whether placed there by the Lessee or by the Lessor, shall, unless the Lessor requests their removal, become the Lessor's property and shall remain upon the premises at the termination of this lease by lapse of time or otherwise without compensation or allowance or credit to the Lessee. If, upon the Lessor's request, the Lessee does not remove said additions, hardware, non-trade fixtures and improvements, the Lessor may remove the same and the Alterations and upon receiving same, Tenant Lessee 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 pay the cost of such insurance removal to Landlord the Lessor upon demand. The Lessee shall remove the Lessee's furniture, machinery, safe or safes, trade fixtures and other items of personal property of every kind and description from the premises prior to Tenant’s commencing the Alterationsend of the term, however ended. Should a mechanic’s lien If not so removed, the Lessor may request their removal, and if the Lessee does not remove them, the Lessor may do so and the Lessee shall pay the cost of such removal to the Lessor upon demand. If the Lessor does not request their removal, all such items shall be filed against the Office and/or Premises, for work done or claimed conclusively presumed to have been done or materials supplied for Tenant or conveyed by the Lessee to the Office, Tenant shall pay or cause to be paid or file Lessor under this lease as a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, 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 sale without further payment or credit by the Lessor to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseLessee.
Appears in 1 contract
Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the Officepremises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. With Tenant may, without the consent of Landlord’s written consent, Tenant, but at Tenant’s sole its own cost and expenseexpense and in a good workmanlike manner erect such shelves, bins, machinery, and trade fixtures as it may make 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, installations 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 restore the “Alterations”) premises to their original condition by the Office provided they are non-structural in nature, which do not effect the Services, utilities date of termination of this lease or other operations or services upon earlier vacating of the Premises and which are done by contractors and sub-contractors approved by premises; provided, however, that if Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities so elects prior to termination of this lease or other agencies having jurisdiction upon earlier vacating of the Premises premises, such alterations, additions, improvements 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like partitions shall become the property of Landlord as of the date of termination of this lease or upon such installation earlier vacating of the premises and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered up to the installations Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by giving Tenant thirty (30) days written notice may be removed by Tenant prior to the Termination Date termination of such relinquishment of ownershipthis lease if Tenant so elects, in which event, they and shall become Tenant’s and must be removed by the date of termination of this lease or upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession earlier vacating of the Office, premises if required by Landlord; upon any such removal Tenant shall remove all personal property restore the premises to their original condition. All such removals and installations restoration shall be accomplished in a good workmanlike manner so as not to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished damage the primary structure or structural qualities of the buildings and Tenant shall immediately restore and repair the Office to that condition existing other improvements situated on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensepremises.
Appears in 1 contract
Sources: Lease Agreement (Tekgraf Inc)
Alterations. Absent SECTION 17.1 Tenant shall not make any structural or exterior alterations or improvements to the Demised Premises without in each instance first obtaining Landlord’s 's written consent. Tenant shall have the right, Tenant may make no alterations at any time from time to the Office. With time, without Landlord’s written 's consent, Tenantto paint the interior of Demised Premises or any part of parts thereof, at Tenant’s sole cost and expense, may to make alterations, installations and improvements (the “Alterations”) to the Office provided they are any non-structural in naturealterations, improvements or installations in, to or upon the interior of Demised Premises; provided, however, that;
(i) Tenant shall have the right to make alterations or improvements to the storefront of the Demised Premises only with Landlord's consent, which do shall not effect be unreasonably withheld, provided that the Servicesalteration or improvement is consistent with the appearance of the balance of the Shopping Center; and
(ii) No alteration, utilities improvement, installation or addition made by Tenant shall endanger or impair the structure of, or decrease the value, utility or cubic area of, the Demised Premises.
SECTION 17.2 All alterations, improvements or installation made or doe by Tenant in, on or to the Demised Premises or any parts or facilities thereof shall be done in a good and workmanlike manner and in conformity with all statutes, ordinances, rules, regulations and requirements of public authorities and insurance inspection and rating bureaus having jurisdiction, and with all necessary governmental permits or authorities.
SECTION 17.3 Any and all alterations, improvements or installations made in , to or upon the Demised Premises by Tenant or Landlord (but not Tenant's furniture, lighting fixtures, trade fixtures and movable trade equipment, counters and shelving or signs installed by Tenant) shall, except as hereinafter provided, be surrendered with the Demised Premises as part thereof at the expiration or other operations or services termination of the term of this Lease. Tenant shall remove any such alterations, improvements or installations if Landlord shall require such removal by notice to Tenant at least 60 days prior to the Expiration Date. Tenant shall, upon the Expiration Date or sooner termination of this Lease, remove its said furniture, trade fixtures and trade equipment, counters, shelving, racking and signs, and Tenant shall have the right, at its option, to remove any such alterations, improvements, installations or interior additions from the Demised Premises and which are done by contractors and sub-contractors approved by Landlord upon the expiration or other termination (for reasons other than Tenant's default) of the term of this Lease, and, in every instance. Before making Alterationssuch event, Tenant shall obtain all permits, approvals, certificates required by repair any and all municipal authorities or other agencies having jurisdiction of the 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 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 Office, Tenant shall pay or cause Demised Premises caused by such removal and restore the Demised Premises to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, 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 the installations by giving Tenant thirty (30) days written notice their condition prior to the Termination Date making of such relinquishment the alterations, improvement or installation being removed, with the exception of ownershipfloors.
SECTION 17.4 Tenant agrees to indemnify and save harmless Landlord against and from any and all claims for injury, loss or damage to person or property caused by or resulting from the work in which eventconnection with any alterations, they shall become Tenant’s and must be removed improvements, installations or additions in, to or upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned Demised Premises made by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at by anyone claiming under Tenant’s expense.
Appears in 1 contract
Sources: Assignment, Assumption, Consent to Assignment and Amendment of Lease (Clearview Cinema Group Inc)
Alterations. Absent Tenant may not make alterations in or additions to the Leased Premises unless Tenant has first obtained from Landlord written permission to do so, and Tenant shall, if requested by Landlord’s written consent, furnish Landlord with plans and specifications, names and addresses of the contractors who will perform the work, copies of the contracts, all necessary permits and indemnification in form and amount satisfactory to Landlord against any and all claims, costs, damages, liabilities and expenses which may arise in connection with the alterations or additions. Whether Tenant shall have furnished Landlord the foregoing or not, Tenant hereby agrees to hold Landlord harmless from any and all liabilities of every kind and description which may arise out of or be connected with the alterations or additions. Tenant shall bay the cost of all such alterations and additions and also the cost of decorating the Leased Premises occasioned by such alterations and/or additions. Tenant shall not overload, damage or deface the Leased Premises, the Building or the Property or do any act or thing or bring or keep anything thereon which may make no void or voidable any insurance on the Leased Premises or the Building or which may render an increase or extra premiums payable for insurance. Tenant shall not move any heavy equipment into the Leased Premises except with prior written consent of Landlord and upon such terms as Landlord may specify. Upon completion of any alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect 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. Before making Alterationsadditions, Tenant shall obtain furnish Landlord with contractors' affidavits and full waivers of liens and receipted bills covering all permitslabor, approvalsmaterials and subcontractors expended and used. All alterations and/or additions must be completely finished in a good and neat workmanlike manner and comply in all respects with all insurance requirements and with all applicable federal, certificates required by state, or municipal statutes, laws, ordinances and regulations, or any department or agency thereof, or any department thereof, and all municipal authorities or other agencies having jurisdiction including, without limitation, the standards and regulations of the Premises O.S.H.A. and the Alterations environmental laws and upon receiving sameregulations applicable to such alterations, Tenant and/or additions. Only good grades of materials 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 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 Office, Tenant shall pay or cause to be paid or file a bond used in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expensealterations and/or additions. Any installation of materials, fixtures and the like All additions shall become the Landlords's property of Landlord upon such installation and shall remain upon the Leased Premises at the termination of this Lease by lapse of time or otherwise, without compensation or allowance or credit to Tenant. All changes made by Tenant shall be restored to their original condition at Tenant's expense, if Landlord so requests. Any alterations, additions or repairs shall be performed by labor which is compatible with the union or unions representing the service employees of Landlord in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseBuilding.
Appears in 1 contract
Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the OfficePremises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. With Tenant may, without the consent of Landlord’s written consent, Tenant, but at Tenant’s sole its own cost and expenseexpense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may make 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, installations 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 “Alterations”) Premises to their original condition by the Office provided they are non-structural in nature, which do not effect the Services, utilities date of termination of this Lease or other operations or services upon earlier vacating of the Premises Premises, provided, however, that if Landlord so elects prior to termination of this Lease or upon earlier vacating of the Premises, any or all alterations, additions, improvements and which are done by contractors and sub-contractors approved partitions as elected by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord as of the date of termination of this Lease or upon such installation earlier vacating of the Premises and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered up to the installations Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by giving Tenant thirty (30) days written notice may be removed by Tenant prior to the Termination Date termination of such relinquishment of ownershipthis Lease if Tenant so elects, in which event, they and shall become Tenant’s and must be removed by the date of termination of this Lease or upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession earlier vacating of the Office, Premises if required by Landlord; upon any such removal Tenant shall remove all personal property restore the Premises to their original condition. All such removals and installations restoration shall be accomplished in good workmanlike manner so as not to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished damage the primary structure or structural qualities of the buildings and Tenant shall immediately restore and repair the Office to that condition existing other improvements situated on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensePremises.
Appears in 1 contract
Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the OfficePremises (including, but not limited to, roof and wall penetrations), without the prior written consent of Landlord. With Tenant may, without the consent of Landlord’s written consent, Tenant, but at Tenant’s sole its own cost and expenseexpense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may make deem advisable, without altering the basic character of the Building and without overloading or damaging such Building, and, in each case complying with all applicable governmental laws, ordinances, regulations and other requirements. Prior to commencing any such alterations, installations additions or improvements Tenant shall provide such assurance to Landlord, including, but not limited to, waivers of liens, as Landlord shall require to assure payment of the costs thereof and improvements (the “Alterations”) to the Office provided they are non-structural in natureprotect Landlord against any loss from mechanics', which do not effect the Serviceslaborers', utilities materialmen's or other operations liens. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this Lease Agreement 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 Agreement, or services upon earlier vacating of the Premises and which are done by contractors and sub-contractors approved by Premises; provided, however, that if Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities so elects prior to termination of this Lease Agreement or other agencies having jurisdiction upon earlier vacating of the 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 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 Officesuch alterations, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty additions, improvements and partitions (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, other than trade fixtures and the like personal property of Tenant), shall become the property of Landlord as of the date of termination of this Lease Agreement or upon such installation earlier vacating of the Premises and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered to the installations by giving Tenant thirty (30) days written notice prior to Landlord with the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination DatePremises. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all All personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and trade fixtures installed by Tenant shall immediately be removed by Tenant by the date of termination of this Lease Agreement or upon earlier vacating of the Premises is required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date restoration shall be deemed abandoned by Tenant accomplished in a good workmanlike manner and Landlord may either retain such abandoned property shall not damage the primary structure or may remove such abandoned property at Tenant’s expensestructural qualities of the Building.
Appears in 1 contract
Sources: Lease Agreement (Lakes Gaming Inc)
Alterations. Absent Except for the initial improvements to be undertaken by Tenant as provided in Section 25 hereof (which are hereby approved by Landlord’s written consent), Tenant may shall not make no alterations any material alterations, additions, or improvements to the OfficePremises without the prior written consent of Landlord. With Tenant may, without the consent of Landlord’s written consent, Tenant, but at Tenant’s '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 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, in its reasonable discretion, so elects, and at Tenant's sole cost and expense, may make remove all alterations, installations additions, improvements, and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of partitions erected by Tenant and restore the Premises and which are done by contractors and sub-contractors approved by to their original condition; otherwise, such improvements shall be delivered to Landlord in every instancewith the Premises. Before making AlterationsNotwithstanding the above, Tenant shall obtain all permitsnot be required to remove or restore the following: (i) exterior entrance ramp and overhead door need not be removed, approvals(ii) doors on the north wall need not be reopened, certificates and (iii) Tenant installed showers and restrooms need not be removed. 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 any Landlord. All such removals and all municipal authorities restorations shall be accomplished in a good, workmanlike manner so as not to damage the primary structure or other agencies having jurisdiction structural qualities of the Premises Building and other improvements situated on the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every onePremises. 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 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 Office, Tenant shall pay or cause to be paid or file a bond Any fixtures installed in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost Premises by Tenant other than shelves, bins, machinery, and expense. Any installation of materials, similar trade 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 the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensewhen installed.
Appears in 1 contract
Alterations. Absent 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’s written consent, Tenant may make no alterations to may, without the Office. With consent of Landlord’s written consent, Tenant, but at Tenant’s sole its own cost and expenseexpense and in a good workmanlike manner, erect such shelves, bins, machinery and trade fixtures as it may make alterationsdeem advisable, installations and improvements (without altering the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities basic character or other operations or services structure of the Premises or improvements and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities without overloading or other agencies having jurisdiction of damaging the Premises or improvements, and the Alterations in each case complying with all applicable governmental laws, ordinances, regulations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every oneother requirements. Tenant shall carry and not make any alterations, additions or improvements to the Premises which will contravene 11 Landlord's policies insuring against loss or damage by fire or other hazards, including but not limited to commercial general public 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 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 increased beyond the minimum rate from time to Landlord prior to Tenant’s commencing the 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 time applicable to the OfficePremises for permitted uses thereof, Tenant shall pay or cause to be paid or file a bond in as additional rent the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expenseany such increase promptly upon demand by Landlord. Any installation of materialsand all alterations, additions, improvements, partitions and fixtures and the like erected by Tenant shall become be the property of Landlord upon such installation and shall remain in at the Office Premises upon ▇▇▇▇▇▇’s surrender termination of samethe Lease or upon earlier vacating of the Premises. HoweverAll shelves, Landlord bins, machinery and trade fixtures installed by Tenant may relinquish such right of ownership to the installations be removed by giving Tenant thirty (30) days written notice prior to the Termination Date termination of this Lease provided such relinquishment of ownership, in which event, they shall become Tenant’s and must removal may be removed upon accomplished without damage to the Termination Date. Nothing herein is meant Premises or to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession primary structure or structural qualities of the Office, buildings and other improvements situated on the Premises. Tenant shall remove all personal property and installations repair any damage to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and the Premises, or the Building as a result of any alteration, or repair by Tenant, its employees, agents, invitees, or contractors to the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensePremises.
Appears in 1 contract
Sources: Lease Agreement (Tekelec)
Alterations. Absent No structural alterations, additions or improvements will be made to the Leased Premises without Landlord’s 's prior written consent, Tenant may make no alterations such consent not to the Officebe unreasonably withheld or delayed. With Landlord’s written consentAll alterations, additions and improvements, except personal property and trade fixtures, installed at expense of Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done consented to by contractors and sub-contractors approved by Landlord in every instance. Before making AlterationsLandlord, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in upon and be surrendered with the Office upon ▇▇▇▇▇▇’s surrender Leased Premises as a part thereof on the termination of samethis Lease. However, Landlord may relinquish such right agrees that the personal property and trade fixtures of ownership Tenant located at the Leased Premises will not be deemed "fixtures" and will remain the personal property of Tenant subject to the installations security interest of the Secured Party, as hereinafter defined. If consent is granted for the making of improvements or alterations to the Leased Premises, such improvements or alterations shall not commence until Tenant has furnished to Landlord a certificate of insurance showing coverage in an amount reasonably satisfactory to Landlord protecting Landlord from liability for injury to any person and damage to property, on or off the Leased Premises, in connection with the making of such improvements or alterations. At the termination of this Lease, Tenant shall deliver the Leased Premises to Landlord, in good order and condition, reasonable wear and tear alone excepted. Any damage caused by giving Tenant thirty (30) days written notice the installation or removal of trade fixtures shall be repaired at Tenant's expense prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession expiration of the Officelease term or any extension thereof. All alterations, improvements, additions and repairs made by Tenant shall remove all personal property be made in good and installations workmanlike manner. Tenant agrees to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished discharge within sixty (60) days after written notice by Landlord, any lien or claim to be asserted, attached or filed against the Leased Premises or any portion thereof, by reason of any alteration or repair, addition, and Tenant shall immediately restore hereby further agrees to indemnify and repair the Office to that condition existing on the Commencement Date. Any save Landlord harmless from and against any and all property costs, expenses, liabilities, damages, suits, liens, claims and demands (including, but not limited to reasonable attorney's fees) resulting from any alteration, repair or addition to the Leased Premises by Tenant, or any lien or claim asserted against the Leased Premises or Landlord for work done for or on behalf of Tenant remaining in at the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseLeased Premises.
Appears in 1 contract
Alterations. Absent Landlord’s written consentA. Tenant shall not make any alterations, Tenant may make no alterations additions or improvements to the Officepremises including but not limited to roof and wall penetrations without the prior written consent of Landlord (13). With Tenant may, without the consent of Landlord’s written consent, Tenant, but at Tenant’s sole its own cost and expense, may expense and in a good workmanlike manner make such minor alterations, installations additions or improvements or erect, remove or alter such partitions, or erect such shelves, bins, machinery and improvements (trade fixtures as it may deem advisable, without altering the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services basic character of the Premises building or improvements and which are done 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 contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any be and all municipal authorities or other agencies having jurisdiction remain the property of Tenant during the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord term 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 this lease and Tenant shall deliver evidence 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 such insurance to termination or expiration of this lease; provided, however, that if Landlord so elects prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premisestermination or expiration of this lease, for work done or claimed to have been done or materials supplied for Tenant or to the Officesuch alterations, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost additions, improvements and expense. Any installation of materials, fixtures and the like partitions shall become the property of Landlord upon such installation as of the date of termination or expiration of this lease and shall remain 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 or expiration of this lease if Tenant so elects, and shall be removed 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 Office upon ▇▇▇▇▇▇’s surrender primary structure or structural qualities of samethe buildings and other improvements situated on the premises. However(14)
B. Before commencing any work relating to alterations, additions and improvements affecting the premises, Tenant shall notify Landlord in writing of the expected date of commencement thereof. Landlord shall then have the right at any time and rom time to time to post and maintain on the premises such notices as Landlord deems necessary to protect the premises and Landlord from mechanics' liens, materialmen's liens or any other liens. At any time Tenant either desires or is required to make any repairs, alterations, additions, improvements or utility installations pertaining to the premises, Landlord may relinquish such right of ownership require Tenant, at Tenant's sole cost and expense, to obtain and provide to Landlord a lien and completion bond in a form and by a surety acceptable to Landlord in an amount equal to the installations by giving Tenant thirty estimate cost of (3015) days written notice prior such improvements, to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s insure Landlord against liability for mechanics' and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in materialmen's liens and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession insure completion of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensework.
Appears in 1 contract
Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the OfficePremises (including but not limited to roof, floor and wall penetrations) without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. With Landlord’s written consentIn 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 's sole cost and expense, may 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, or, at Landlord's sole option and discretion, the alterations, installations additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof, including a fee of five percent (5%) 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 (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done made by contractors and sub-contractors approved by Landlord in every instance. Before making AlterationsTenant, Tenant shall obtain all permitssupply Landlord with a set of scaled and dimensioned, approvalsreproducible mylars of "as-built" plans for such alterations, certificates required additions or improvements, certified by any Tenant's architect or space planner. Tenant may, without the consent of Landlord, but at its own cost and all municipal authorities or other agencies having jurisdiction expense and in a good and workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may deem advisable, without altering the basic character of the Premises Building or improvements and without overloading or damaging the Alterations Building or improvements, and upon receiving samein each case complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall deliver duplicate or certified copies to Landlord be and remain the property 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 during the Term and Tenant shall deliver evidence shall, unless Landlord otherwise elects as herein provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition on or before the Lease Expiration Date or any sooner date of such insurance to termination of this Lease; provided, however, that if Landlord so elects prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premisestermination or expiration of this Lease, for work done or claimed to have been done or materials supplied for Tenant or to the Officesuch alterations, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost additions, improvements and expense. Any installation of materials, fixtures and the like partitions shall become the property of Landlord upon such installation as of the Lease Expiration Date or any sooner date of termination of this Lease and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered up to the installations Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by giving Tenant thirty (30) days written notice may be removed by Tenant prior to the Termination Date termination of such relinquishment of ownershipthis Lease if Tenant so elects, in which event, they and shall become Tenant’s and must be removed 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 Termination DatePremises to their original condition. Nothing herein is meant All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon damage the Termination Date and surrender of possession primary structure or structural qualities of the OfficeBuilding and improvements situated in the Premises. Tenant shall not be required to remove any of the Leasehold Improvements constructed pursuant to the Work Letter attached hereto as Exhibit "C." In addition, Tenant shall not be required to remove all personal property and installations any subsequent alteration or improvement made by Tenant, provided Tenant obtains Landlord's written consent to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair surrender such alteration or improvement with the Office Premises, at the time Landlord consents to that condition existing on the Commencement Date. Any and all property making of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property alteration or may remove such abandoned property at Tenant’s expenseimprovement.
Appears in 1 contract
Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the Officepremises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. With Tenant may, without the consent of Landlord’s written consent, Tenant, but at Tenant’s sole its own cost and expenseexpense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may make 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, installations 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 “Alterations”) premises to their original condition by the Office provided they are non-structural in nature, which do not effect the Services, utilities date of termination of this lease or other operations or services upon earlier vacating of the Premises premises; such alterations, additions, improvements and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like partitions shall become the property of Landlord as of the date of termination of this lease or upon such installation earlier vacating of the premises and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered up to the installations Landlord with the premises unless removed as provided above. All shelves, bins machinery and trade fixtures installed by giving Tenant thirty (30) days written notice may be removed by Tenant prior to the Termination Date termination of such relinquishment of ownershipthis lease if Tenant so elects, in which event, they and shall become Tenant’s and must be removed by the date of termination of this lease or upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession earlier vacating of the Office, premises if required by Landlord; upon any such removal Tenant shall remove all personal property restore the premises to their original condition. All such removals and installations restoration shall be accomplished in a good workmanlike manner so as not to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished damage the primary structure or structural qualities of the buildings and Tenant shall immediately restore and repair the Office to that condition existing other improvements situated on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensepremises.
Appears in 1 contract
Sources: Lease Agreement (Microage Inc /De/)
Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the Officepremises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. With Tenant may, without the consent of Landlord’s written consent, Tenant, but at Tenant’s sole its own cost and expenseexpense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may make 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, installations 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 “Alterations”) premises to their original condition by the Office provided they are non-structural in naturedate of termination of this lease and Tenant shall, which do not effect the Servicesunless however, utilities that if Landlord so elects prior to termination of this lease or other operations or services upon earlier vacating of the Premises premises, such alterations, additions, improvements and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like partitions shall become the property of Landlord as of the date of termination of this lease or upon such installation earlier vacating of the premises and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered up to the installations Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by giving Tenant thirty (30) days written notice may be removed by Tenant prior to the Termination Date termination of such relinquishment of ownershipthis lease if Tenant so elects, in which event, they and shall become Tenant’s and must be removed by the date of termination of this lease or upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession earlier vacating of the Office, premises if required by Landlord; upon any such removal Tenant shall remove all personal property restore the premises to their original condition. All such removals and installations restoration shall be accomplished in a good workmanlike manner so as not to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished damage the primary structure or structural qualities of the buildings and Tenant shall immediately restore and repair the Office to that condition existing other improvements situated on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensepremises.
Appears in 1 contract
Alterations. Absent Landlord’s written consent, (i) Tenant may shall not make no or allow to be made (except as otherwise provided in this Lease) any alterations or physical additions (including fixtures) in or to the OfficeLeased Premises or place safes, vaults, filing cabinets, libraries or other heavy furniture or equipment that may impact the Building's load within the Leased Premises without first obtaining the written consent of Landlord. With Landlord’s written consentIf Landlord consents to said alterations or physical additions, TenantLandlord may impose such conditions with respect thereto as are reasonably appropriate, including without limitation, (i) requiring Tenant to furnish (a) Landlord with security for the payment of all costs to be incurred in connection with such work, (b) insurance against liabilities which may arise out of such work, and (c) plans and specifications, and permits for such work, (ii) requiring Tenant remove any and all such alterations or physical additions (including fixtures) in or to the Leased Premises prior to the expiration or earlier termination of this Lease at Tenant’s 's sole cost and expense, may make (iii) requiring Tenant remove any telecommunications equipment and/or other facilities for telecommunications (including, without limitation, all wires, cables, fibers, equipment and connections for Tenant's telephone, data transmission, video and other telecommunications services collectively, “Tenant's Wiring”), (iv) requiring Tenant to use a contractor reasonably approved by Landlord, and/or (v) requiring Tenant to pay Landlord's inspection fees associated with such alterations or physical additions. Tenant shall repair any damage to the Leased Premises and the Project caused by the removal of such alterations, installations physical additions, telecommunications equipment, other facilities for telecommunications, and improvements (Tenant's Wiring. Tenant's plans and specifications and construction means and methods shall be subject to Landlord's written approval. Tenant shall furnish to Landlord any documents and information requested by Landlord in connection with the “Alterations”) exercise of its rights hereunder. Landlord may hire outside consultants to review such documents and information furnished to Landlord and Tenant shall reimburse Landlord for the cost thereof, including reasonable attorneys' fees, upon demand. In all events, the work necessary to make any permitted alterations or physical additions to the Office provided Leased Premises shall be done at Tenant's expense and shall be subject to the Construction Rules and Regulations attached hereto as Exhibit E-2, as they are non-may be amended from time to time. If any proposed alterations or physical additions pursuant to this Section 5.1.2(i) would be likely to materially affect the structural components or major mechanical, electrical or plumbing systems of the Building, Landlord shall have the right to perform such work and Tenant shall reimburse Landlord in naturean amount equal to Landlord's costs plus Landlord's overhead expenses (not to exceed eight (8%) of costs), which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors shall be payable on demand. Any changes to plans approved by Landlord in every instance. Before accordance with this Section 5.1.2(i) shall be subject to Landlord's review and re-approval.
(ii) If, as a result of Tenant's specific use of the Leased Premises or the making Alterationsof any permitted alterations or physical additions pursuant to Section 5.1.2, Tenant any alterations, additions, or improvements shall obtain all permitsbe required to be made to any part of the Leased Premises or the Project to comply with the requirements of any applicable law, approvalsordinance, certificates required rule or regulations including, without limitation, the requirements of the Americans with Disabilities Act (“ADA”), the Occupational Safety & Health Administration (“OSHA”), or the orders or requirements imposed by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving sameHealth Officer, 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, 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 the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which Fire ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished ▇ or Building Inspector, Tenant shall be solely responsible for the costs incurred to effect such compliance. If the required alteration, addition or improvement will not affect the structural components or major mechanical, electrical or plumbing systems of the Building, Tenant shall perform such work subject this Section 5.1 and to the Construction Rules and Regulations attached hereto as Exhibit E-2. If the required alteration, addition or improvement would be likely to materially affect the structural components or major mechanical, electrical or plumbing systems of the Building, Landlord shall have the right to perform such work and Tenant shall immediately restore reimburse Landlord in an amount equal to Landlord's costs plus Landlord's overhead expenses (not to exceed eight (8%) of costs), which shall be payable on demand.
(iii) Notwithstanding anything contained in Section 5.1.2(i) above, Tenant shall have the right to perform, with prior written notice to but without Landlord's consent, any alteration, addition, or improvement that satisfies all of the following criteria (a “Cosmetic Alteration”): (1) is of a cosmetic nature such as painting, hanging pictures and repair installing carpeting; (2) is not visible from the Office to that condition existing on exterior of the Commencement Date. Any and all property Leased Premises or Building; (3) will not affect the systems or structure of Tenant remaining the Building; (4) costs less than $25,000.00 in the Office after aggregate during any twelve (12) month period of the Termination Date Term of this Lease, and (5) does not require work to be performed inside the walls or above the ceiling of the Leased Premises. However, even though Landlord consent is not required, the performance of Cosmetic Alterations shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensesubject to all of the other provisions of this Section 5.
Appears in 1 contract
Sources: Office Space Lease Agreement (Extreme Networks Inc)
Alterations. Absent Landlord’s written consent, Tenant may shall have the right to make no alterations or additions to the Office. With Landlord’s written consentPremises, Tenantor construct additional improvements on the Premises, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) subject to the Office provided they are prior written consent of Landlord, which 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. All work shall be made with due diligence, in naturea good and workmanlike manner and in compliance with all laws, which do not effect the Servicesordinances, utilities orders, rules, regulations, certificates of occupancy, or other operations or services of the Premises governmental requirements, and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, provided Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to provide 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within with thirty (30) days 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 said filing at Tenant’s sole cost this Lease. All alterations, additions, fixtures, and expense. Any installation of materialsimprovements, fixtures and the like shall become the property of Landlord upon such installation and shall remain whether temporary or permanent in the Office upon ▇▇▇▇▇▇’s surrender of same. Howevercharacter, Landlord may relinquish such right of ownership made to the installations Premises by giving Tenant, will immediately vest in Landlord at the end of the Term of this Lease and will remain on the Premises without compensation to Tenant. Notwithstanding anything to the contrary in this section, all equipment, shelves, bins, machinery and trade fixtures installed by Tenant thirty (30) days written notice may be removed by Tenant prior to the Termination Date termination of such relinquishment of ownershipthis Lease if Tenant so elects, in which event, they and shall become Tenant’s and must be removed by the date of termination of this Lease or upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession earlier vacating of the OfficePremises if required by Landlord; upon any such removal, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office 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 that condition existing damage the primary structure or structural qualities of the Buildings and other improvements situated on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensePremises.
Appears in 1 contract
Alterations. Absent Sub-subtenant shall make no changes in or to the Leased Premises without obtaining Landlord’s prior written consent, Tenant may make no alterations . Subject to the Office. With prior written consent of Landlord’s written consent, Tenantand to the provisions of this Article 8, at Tenant’s sole cost and expense, Sub-subtenant may make alterations, installations and installations, additions or improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect affect the Services, utilities or other operations or services structure of the Premises or the Leased Premises or their utility services or plumbing and which electrical lines, and provided same are done in and affect only the interior of the Leased Premises, using contractors or mechanics first approved in writing by contractors Landlord. All fixtures, all electrical items and suball paneling, partitions, railings and like installations installed in the Leased Premises at any time, either by Sub-contractors approved subtenant or by Landlord on Sub-subtenant’s behalf, shall become the property of Landlord and shall remain upon and be surrendered with the Leased Premises unless 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 every instancewhich event the same shall be removed from the Leased Premises by Sub-subtenant forthwith. Before Nothing in this Article 8 shall be construed to prevent Sub-subtenant’s removal of trade fixtures, but upon removal of any such trade fixtures from the Leased Premises or upon removal of other installations as may be required by Landlord, Sub-subtenant shall immediately and at its expense repair and restore the Leased Premises to the condition existing prior to installation, and shall repair any damage to the Leased Premises due to such removal. All property permitted or required to be removed by Sub-subtenant at the 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 Alterationsany alterations, Tenant shall additions, installations or improvements, obtain all permits, approvals, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall promptly deliver duplicates of all municipal authorities or other agencies having jurisdiction of the Premises such permits, approvals and the Alterations certificates to Landlord; and upon receiving same, Tenant shall deliver duplicate or certified copies Sub-subtenant agrees to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s such workers’ compensation, general liability, personal and property damage insuranceinsurance as Landlord may reasonably require. Sub-subtenant agrees to obtain and deliver to Landlord written and unconditional waivers of lien upon the real property of which the Leased Premises form a part, 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 amounts as Landlord requireswork. The work shall be done in a good and workmanlike manner and in compliance with all applicable law, naming Landlord as insured ordinances, codes, governmental rules, regulations and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing requirements, and in accordance with the Alterations. Should a mechanic’s lien be filed against the Office and/or Premisesstandards, for work done or claimed to have been done or materials supplied for Tenant or to the Officeif any, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, 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 the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to Board of Fire Underwriters the jurisdiction of which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair includes the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseLeased Premises.
Appears in 1 contract
Alterations. Absent Landlord’s written consentTenant and Subtenant acknowledge that any additions, Tenant may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and demolitions or improvements (to be performed in connection with the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors Sublease shall be first approved by Landlord in every instance. Before making Alterations, Tenant shall obtain accordance with the Lease and subject to all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises terms and conditions of the Alterations Lease. Without limitation, Landlord acknowledges that Subtenant plans to install new carpet 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 paint throughout the Alterations. Should a mechanic’s lien be filed against the Office and/or Subleased Premises, for work done or claimed subject to have been done or materials supplied for Tenant or Landlord’s approval in accordance with the Lease and subject to all of the Officeterms and conditions of the Lease, Tenant shall pay or cause and subject to be paid or file a bond Sublandlord’s approval in accordance with the amount stated in Sublease and subject to all of the mechanic’s lien within terms and conditions of the Sublease. Within thirty (30) days after receipt of said filing at Tenantan invoice from Landlord, Tenant shall pay to Landlord as a fee for Landlord’s sole cost and expense. Any installation review of materialsany work or plans in connection with the Sublease, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. Howeveras Additional Rent, Landlord may relinquish such right of ownership an amount equal to the installations sum of: (i) $150.00 per hour for senior staff and $100.00 per hour for junior staff, plus (ii) third party expenses incurred by giving Tenant thirty (30) days written notice prior Landlord to the Termination Date of review such relinquishment of ownership, in which event, they shall become Tenant’s plans and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily movedwork. Upon the Termination Date and surrender of possession expiration or earlier termination of the OfficeSublease, at Landlord’s option, Tenant and Subtenant shall at their expense remove all personal property such additions, alterations and installations improvements and restore the Premises to which ▇▇▇▇▇▇▇▇its original condition. All contractors, vendors and service providers requiring access to the Subleased Premises or the Building shall be subject to Landlord’s ownership interest has been relinquished prior and continuing review and approval with respect to insurance, security and operational matters. Solely between Tenant and Subtenant, the provisions of the Sublease (including without limitation Section 17) shall immediately restore control and repair the Office to that condition existing on the Commencement Date. Any and all property determine their respective responsibility for removal or restoration of Tenant remaining any improvement or alteration in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseSubleased Premises.
Appears in 1 contract
Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the Officepremises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. With Tenant may, without the consent of Landlord’s written consent, Tenant, but at Tenant’s sole its own cost and expenseexpense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may make 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, installations 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 “Alterations”) premises to their original condition by the Office provided they are non-structural in nature, which do not effect the Services, utilities date of termination of this lease or other operations or services upon earlier vacating of the Premises and which are done by contractors and sub-contractors approved by premises; provided, however, that if Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities so elects prior to termination of this lease or other agencies having jurisdiction upon earlier vacating of the Premises premises, such alterations, additions, improvements 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like partitions shall become the property of Landlord as of the date of termination of this lease or upon such installation earlier vacating of the premises and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered up to the installations Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by giving Tenant thirty (30) days written notice may be removed by Tenant prior to the Termination Date termination of such relinquishment of ownershipthis lease if Tenant so elects, in which event, they and shall become Tenant’s and must be removed by the date of termination of this lease or upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession earlier vacating of the Office, premises if required by Landlord; upon such removal Tenant shall remove all personal property restore the premises to their original condition. All such removals and installations restoration shall be accomplished in good workmanlike manner so as not to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished damage the primary structure or structural qualities of the buildings and Tenant shall immediately restore and repair the Office to that condition existing other improvements situated on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensepremises.
Appears in 1 contract
Sources: Lease Agreement (Aetrium Inc)
Alterations. Absent Landlord’s written consent, Tenant may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect 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. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, 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 the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇Landlord’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expense.
Appears in 1 contract
Alterations. Absent (a) Tenant shall make no alterations or changes, structural or otherwise, to any part of the Premises, either exterior or interior, 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 foregoing to the contrary, Tenant may make no non-structural, cosmetic alterations to the Office. With interior of the Premises with Landlord’s written consentconsent which shall not be unreasonably withheld. Tenant shall comply with the building codes, regulations and laws now or hereafter to be made or enforced in the 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 upon removal of same) shall become and remain a part of the 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 upon the expiration or earlier termination of this Lease. If Landlord requires Tenant to remove such alterations as aforesaid, Tenant shall remove same, repair any damage to the Premises upon removing same, and restore the Premises to the condition the Premises were in upon delivery of same to Tenant, at Tenant’s sole cost and expense, may make alterations, installations ordinary wear and improvements (the “Alterations”) tear and damage due to the Office provided they are non-structural in nature, which do casualty not effect the Services, utilities or other operations or services of the Premises and which are done required to be repaired by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every oneexcepted. Tenant shall carry save Landlord harmless from and cause against all expenses, liens, claims or damages to either property or person which may or might arise by reason of the making 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 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 carried a representation or warranty by each contractor and sub-contractorLandlord that such plans or the work provided for therein will comply with applicable codes, workmen’s compensationlaws or regulations or be in conformance with any insurance or other requirements which affect the Premises or the Building, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence have the sole responsibility of complying with all such insurance to Landlord prior to requirements notwithstanding Landlord’s approval of Tenant’s commencing the Alterationsplans.
(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, AND 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. Should a mechanic’s lien be filed against the Office and/or PremisesWHENEVER AND AS OFTEN AS ANY LIEN ARISING OUT OF OR IN CONNECTION WITH ANY WORK PERFORMED, for work done or claimed to have been done or materials supplied for Tenant or to the OfficeMATERIALS FURNISHED OR OBLIGATIONS INCURRED BY OR ON BEHALF OF TENANT SHALL HAVE BEEN FILED AGAINST THE PREMISES OR THE BUILDING, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon OR 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▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty ▇ OF SALE WITHIN TEN (3010) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseDAYS OF LANDLORD’S WRITTEN REQUEST THEREFOR.
Appears in 1 contract
Sources: Lease (Seracare Life Sciences Inc)
Alterations. Absent Landlord’s written consent, Tenant may shall not make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make any alterations, installations and additions or improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done or any part thereof, nor attach any fixtures or equipment thereto, without first obtaining Landlord's written consent. Any such alterations, additions or improvements to the Premises consented to by contractors and sub-contractors approved Landlord, if made by Landlord in every instance. Before making Alterationsfor Tenant, shall be paid for by Tenant within ten (10) days after receipt of Landlord's statement therefor; and Tenant shall obtain reimburse Landlord for the cost thereof plus 15% of the actual cost to reimburse Landlord for its overhead. At the option of the Landlord, all permitssuch alterations, approvalsadditions and improvements shall become Landlord's property (including, certificates required by but not limited to, any and all municipal authorities floor coverings, wall coverings, baseboards, doors, door fixtures, windows, skylights, walls, electrical wiring and switches, lights and light fixtures, plumbing, bathroom and/or kitchen fixtures, security and fire detection equipment, sprinklers, and all heating and/or air conditioning equipment, but excluding furniture, trade fixtures and other items, whether or other agencies having jurisdiction not specifically mentioned above that are unattached and readily movable) and, at the end of the Lease Term, shall remain on the Premises and the Alterations and upon receiving without compensation to Tenant unless Landlord elects by written notice to Tenant to have Tenant remove same, in which event Tenant shall deliver duplicate or certified copies promptly restore the Premises 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, 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 the installations by giving Tenant thirty (30) days written notice their condition prior to the Termination Date installation of such relinquishment alterations, additions and improvements. In any case, no alterations shall be made by Tenant which shall alter the basic structural soundness of ownershipthe improvements, which penetrate exterior walls, windows, doors or the roof, or which, in which eventLandlord's opinion, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord adversely affect any ownership rights in and to Tenant’s trade fixturesmechanical, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession electrical or plumbing systems of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseProject.
Appears in 1 contract
Sources: Industrial Lease Agreement (Advanced Materials Group Inc)
Alterations. Absent Tenant shall not make any alterations, additions or improvements to the Premises or penetrate any roof or exterior demising wall, or install any antenna, satellite dish, or any exterior structure, without the prior written consent of Landlord’s , not to be unreasonably withheld. Any interior work to the Premises will also require the prior written consentconsent of Landlord, unless work done is strictly aesthetic in nature, i.e. painting, picture hanging, etc. Alterations, additions, and improvements erected by Tenant may make no 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 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, additions, and improvements shall become the property of 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 OfficePremises per this Section 6 of the Lease are the sole property of the Tenant. With Landlord’s written consent, . Tenant, at Tenant’s sole its own cost and expense, may make alterationserect such shelves, installations bins, machinery and improvements trade fixtures as it desires provided that (the “Alterations”a) to the Office provided they are non-structural in nature, which such items do not effect alter the Services, utilities or other operations or services 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 which are done (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 contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities be removed on or other agencies having jurisdiction before the earlier to occur of the Premises and date of termination of this Lease or vacating the Alterations and upon receiving samePremises, at which time Tenant shall deliver duplicate or certified copies restore the Premises 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord their original condition upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any All alterations, installations, removals and all property of Tenant remaining in the Office after the Termination Date restoration shall be deemed abandoned by Tenant performed in a good and Landlord may either retain such abandoned property workmanlike manner so as not to damage or may remove such abandoned property at Tenant’s expensealter the primary structural qualities of the buildings and other improvements situated on the Premises or of which the Premises are a part.
Appears in 1 contract
Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the Officepremises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. With Tenant may, without the consent of Landlord’s written consent, Tenant, but at Tenant’s sole its own cost and expenseexpense and in a good workmanlike manner erect such shelves, bins, machinery, and trade fixtures as it may make 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, installations additions, improvements and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done partitions erected by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any be and all municipal authorities or other agencies having jurisdiction of the 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become 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 Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such installation alterations, additions, improvements and partitions shall become of property of Landlord as of the date of termination of this Lease or upon earlier vacating of the premises and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered up to the installations Landlord with premises. All shelves, bins, machinery and trade fixtures, installed by giving Tenant thirty (30) days written notice may be removed by Tenant prior to the Termination Date termination of such relinquishment of ownershipthis Lease if Tenant so elects, in which event, they and shall become Tenant’s and must be removed by the date of termination of this Lease or upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession earlier vacating of the Office, premises if required by Landlord; upon any such removal Tenant shall remove all personal property restore the premises to their original condition. All such removals and installations restoration shall be accomplished in a good workmanlike manner so as not to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished damage the primary structure or structural qualities of the buildings and Tenant shall immediately restore and repair the Office to that condition existing other improvements situated on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensepremises.
Appears in 1 contract
Sources: Lease Agreement (Winston Furniture Co of Alabama Inc)
Alterations. Absent 9.1 Tenant shall not make any alterations, additions or improvements in or to the Premises or any part thereof, or attach any fixtures or equipment thereto, without Landlord’s 's prior written consent, which consent shall not be unreasonably withheld. Notwithstanding the preceding sentence, Tenant may make such alterations, additions or improvements without Landlord's consent only if the total cost of such alterations, additions or improvements is fifty thousand dollars ($50,000) or less and such alterations, additions or improvements will not affect in any way the structural, exterior or roof elements of the Premises or mechanical, electrical, plumbing, utility or life safety systems of the Premises, but Tenant shall give prior written notice of any such alterations, additions or improvements to Landlord. In no alterations event shall Tenant be permitted to install underground storage tanks (excepting a single 20,000 gallon water tank) or fuel systems on the Premises. Landlord's refusal to consent to the Officeinstallation of an underground tank or fuel system shall be conclusively presumed to be reasonable. With Landlord’s written consentAll alterations, Tenant, additions and improvements in or to the Premises to which Landlord consents shall be made by Tenant at Tenant’s 's sole cost and expenseexpense as follows:
(a) Tenant shall submit to Landlord, for Landlord's written approval, complete plans and specifications for all work to be done by Tenant. Such plans and specifications shall be prepared by the licensed architect(s) and engineer(s), shall comply with all applicable codes, laws, ordinances, rules and regulations, shall not adversely affect the structural elements of the Premises, shall be in a form sufficient to secure the approval of all government authorities with jurisdiction over the Premises, and shall be otherwise satisfactory to Landlord in Landlord's reasonable discretion.
(b) Landlord shall notify Tenant in writing, within fifteen (15) Business Days after Landlord's receipt of such plans and specifications, whether Landlord approves or disapproves such plans and specifications and, if Landlord disapproves such plans and specifications, Landlord shall describe the reasons for disapproval. Tenant may submit to Landlord revised plans and specifications for Landlord's prior written approval. Tenant shall pay all costs, including the fees and expenses of the licensed architect(s) and engineer(s), in preparing such plans and specifications.
(c) All changes in the plans and specifications approved by Landlord shall be subject to Landlord's prior written approval. If Tenant wishes to make any such change in such approved plans and specifications, Tenant shall have such architect(s) and engineer(s) prepare plans and specifications for such change and submit them to Landlord for Landlord's written approval. Landlord shall notify Tenant in writing promptly whether Landlord approves or disapproves such change and, if Landlord disapproves such change, Landlord shall describe the reasons for disapproval. Tenant may submit to Landlord revised plans and specifications for such change for Landlord's written approval. After Landlord's written approval of such change, such change shall become part of the plans and specifications approved by Landlord.
(d) Tenant shall obtain and comply with all building permits and other governmental permits and approvals required in connection with the work. Tenant shall, through Tenant's licensed contractor, perform the work substantially in accordance with (i) the plans and specifications approved in writing by Landlord, (ii) the permits obtained by Tenant, and (iii) all applicable codes, laws, ordinances, rules and regulations. Tenant shall pay, as additional rent, the entire cost of all work (including the cost of all utilities, permits, fees, taxes, and property and liability insurance premiums in connection therewith) required to make the alterations, installations additions and improvements improvements. Under no circumstances shall Landlord be liable to Tenant for any damage, loss, cost or expense incurred by Tenant on account of any plans and specifications, contractors or subcontractors, design of any work, construction of any work, or delay in completion of any work.
(e) Tenant shall give written notice to Landlord of the “Alterations”date on which construction of any work will be commenced at least ten (10) days prior to such date. Tenant shall keep the Premises free from mechanics', materialmen's and all other liens arising out of any work performed, labor supplied, materials furnished or other obligations incurred by Tenant. Tenant shall promptly and fully pay and discharge all claims on which any such lien could be based or, in the event Tenant reasonably disputes the validity or amount of any such claim, Tenant may bond over such lien to Landlord's reasonable satisfaction. Landlord shall have the right to post and keep posted on the Premises any notices that may be provided by law or which Landlord may deem to be proper for the protection of Landlord and the Premises from such liens, and to take any other action Landlord deems necessary to remove or discharge liens or encumbrances at the expense of Tenant.
9.2 All alterations, additions, fixtures and improvements, whether temporary or permanent in character, made in or to the Office provided they are non-structural in naturePremises by Landlord or Tenant, which do not effect the Services, utilities or other operations or services shall become part of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the 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 Landlord's 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, 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 the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseexcluding,
Appears in 1 contract
Sources: Purchase Agreement (Icg Funding LLC)
Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the Officepremises (including, without limitation, the roof and wall penetrations) without the prior written consent of Landlord, which consent shall not be unreasonably withheld. With Tenant may, without the consent of Landlord’s written consent, Tenant, but at Tenant’s sole its own cost and expenseexpense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may make 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, installations 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 “Alterations”) premises to their original condition by the Office provided they are non-structural in nature, which do not effect the Services, utilities date of termination of this lease or other operations or services upon earlier vacating of the Premises premises; provided, however, that if at such time Landlord so elects such alterations, additions, improvements and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like partitions shall become the property of Landlord as of the date of termination of this lease or upon such installation earlier vacating of the premises and title shall remain in the Office upon pass to Landlord under this lease as by a ▇▇▇▇▇▇’s surrender ▇ of samesale. HoweverAll shelves, Landlord bins, machinery and trade fixtures installed by Tenant may relinquish such right of ownership to the installations be removed by giving Tenant thirty (30) days written notice prior to the Termination Date termination of such relinquishment of ownershipthis lease if Tenant so elects, in which event, they and shall become Tenant’s and must be removed by the date of termination of this lease or upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession earlier vacating of the Officepremises 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 remove construct the same in accordance with all personal property governmental laws, ordinances, rules and installations regulations and shall, prior to which ▇▇▇▇▇▇▇▇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 ownership interest has been relinquished and liens, or other liens. Notwithstanding the foregoing, Landlord agrees that Tenant shall immediately restore 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 repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining a heating system in the Office after warehouse which are completed during the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensefirst six (6) months of the lease term.
Appears in 1 contract
Sources: Lease Agreement (Power Solutions International, Inc.)
Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the OfficePremises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord. With If Landlord consents to Tenant's contractors doing the work, Landlord may require, at Landlord’s written consent's sole option, Tenantthat Tenant provide, at Tenant’s sole cost and 's expense, may make alterations, installations a lien and improvements (the “Alterations”) completion bond in an amount equal to the Office provided they are non1-structural in nature, which do not effect 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. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by 1/2 times any and all municipal authorities estimated costs of improvements, additions or other agencies having jurisdiction alterations in the Premises to insure Landlord against any liability or mechanic's and materialmen's lien which may arise in accordance with Paragraph 23 of this Lease Agreement and to insure completion of the Premises work. 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 Alterations basic character of the Building or improvements and upon receiving samewithout 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 deliver duplicate or certified copies to Landlord be and remain the property 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 during the term of this lease; and Tenant shall deliver evidence 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 such insurance to termination of this lease or upon earlier vacating of the Premises, provided, however, that, if Landlord so elects, prior to Tenant’s commencing termination of this lease or upon earlier vacating of the 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 Officesuch alterations, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost additions, improvements and expense. Any installation of materials, fixtures and the like partitions shall become the property of Landlord as of the date of termination of this lease or upon such installation earlier vacating of the Premises and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered up to the installations Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by giving Tenant thirty (30) days written notice may be removed by Tenant prior to the Termination Date termination of such relinquishment of ownershipthis lease, in which eventif Tenant so elects, they and shall become Tenant’s and must be removed by the date of termination of this lease or upon earlier vacating of the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily movedPremises if required by Landlord. Upon the Termination Date and surrender of possession of the Officeany such removal, Tenant shall remove all personal property restore the Premises to their original condition. All such removals and installations restoration shall be accomplished in a good workmanlike manner so as not to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished damage the primary structure or structural qualities of the Buildings and Tenant shall immediately restore and repair the Office to that condition existing other improvements situated on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensePremises.
Appears in 1 contract
Alterations. Absent Landlord’s written consent, Tenant may shall not make no any alterations in or additions to the OfficePremises (subsequent to the work in the Premises performed by Landlord in accordance with Section 3.2, if any), including installation of any equipment or machinery which requires modification of or additions to any existing electrical outlet or which would increase Tenant’s usage of electricity beyond Permitted Power (all such alterations being referred to collectively as “Alterations”), without in each instance first obtaining the prior written consent of Landlord. With Landlord’s written consentAs to any Alterations to which Landlord has consented, Tenant, at its expense, shall pay all engineering and design costs incurred by Landlord attributable to the Alterations and obtain all required governmental permits and certificates, and cause such Alterations to be completed in compliance therewith and all Laws and all applicable requirements of Landlord’s insurance carriers. All Alterations shall be performed in a good and workmanlike manner, using new materials and equipment equal or better in quality to the original installations in the Premises. All repair and maintenance work required to be performed by Tenant pursuant to the provisions of Section 9.2 below, and any Alterations permitted by Landlord pursuant hereto, shall be done at Tenant’s sole cost expense by Landlord’s employees or, with Landlord’s consent, by persons requested by Tenant and expenseauthorized in writing by Landlord; provided, may make alterationshowever, installations and improvements (the “Alterations”) to the Office provided they if such work is performed by persons who are non-structural in nature, which do not effect the Services, utilities or other operations or services employees of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making AlterationsLandlord, Tenant shall obtain all permitspay to Landlord, approvalsupon receipt of billing therefor, certificates required the costs for supervision and control of such persons as Landlord may determine to be necessary. If Landlord authorizes persons requested by Tenant to perform such work, prior to the commencement of any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving samesuch work, Tenant shall on request deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause certificates issued by insurance companies qualified to be carried by each contractor and sub-contractor, do business in Colorado evidencing that workmen’s compensation, general liability, personal public liability insurance and property damage insuranceinsurance (all in amounts, with companies and on forms satisfactory to Landlord) are in force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such amounts work. All such policies shall name Landlord (and any Mortgagee) as an additional insured. Each such certificate shall provide that the same may not be canceled or modified without 30 days prior written notice to Landlord and such Mortgagee. Further, Landlord or such Mortgagee shall have the right to post notices in the Premises in locations which will be visible by parties performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord requiresmay deem necessary. Alterations, naming repair and maintenance work shall be performed in a manner which will not unreasonably interfere with, delay, or impose any additional expense upon Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, 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 the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession maintenance or operation of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property Building or upon other tenants’ use of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensetheir premises.
Appears in 1 contract
Alterations. Absent (a) The original improvement of the Premises shall be in accordance with Tenant's plans and specifications approved by Landlord’s . Tenant shall not make or permit anyone to make any interior alterations, decorations, additions or improvements to the Premises without the prior written consent of Landlord, which consent Landlord may not unreasonably withhold. In no event shall any structural or exterior repair change or modification to the Building, the Premises, or the heating, electrical or plumbing services be made by Tenant or employees or agents of Tenant without Landlord's prior written consent, Tenant which Landlord may make no alterations to the Officewithhold in its sole and absolute discretion. With Landlord’s written consentAny approved repairs, Tenant, at Tenant’s sole cost and expense, may make alterations, installations decorations, additions or improvements shall be made by licensed contractors and improvements (mechanics approved by Landlord, in accordance with the “Alterations”) applicable laws and ordinances of any public authority having jurisdiction over the Building and with the building code and zoning regulations of any such authority and with any rules and regulations established from time to time by the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services Underwriters Association of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterationslocal area.
(b) All alterations, Tenant improvements, additions or fixtures whether installed after the execution of this Lease, shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of remain upon the Premises and at the Alterations termination of this Lease 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like termination shall become the property of Landlord, unless Landlord upon shall, no later than ten (10) days after the termination of this Lease, have given written notice to Tenant to remove the same, in which event Tenant will remove such installation alterations, improvements and shall remain additions and restore the Premises -- in the Office upon ▇▇▇▇▇▇’s surrender same good order and condition in which they were prior to the installation of samesuch alterations, improvements, additions or fixtures. HoweverShould Tenant fail to do so, Landlord may relinquish such right of ownership to do so, collecting, at Landlord's option, the installations by giving reasonable cost and expense thereof from Tenant thirty as additional rent.
(30c) days written notice prior to the Termination Date of such relinquishment of ownershipIn making any approved alterations, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Officeadditions or improvements, Tenant shall promptly pay all contractors, materialmen and laborers, so as to minimize the possibility of a lien attaching to the Building, or attaching to any portion of the real property on which said Building is located. Should any such lien be made or suit be filed therefor, Tenant shall bond against or discharge the same within ten (10) days after the said filing of suit.
(d) Tenant will defend, indemnify and hold Landlord harmless from and against, any and all expenses, liens, claims or damages, including attorneys' fees, to person or property which may or might arise, directly or indirectly, by reason of the making of any repairs, alterations, decorations, additions or improvements by Tenant, including without limitation, the installation or operation of equipment or machinery requiring Landlord's consent under subparagraph (d) of this Section 9. If any repair, alteration, decoration, addition, installation or improvement is effected without the prior written consent of Landlord, Landlord may remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished or correct the same and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any be liable for any and all property reasonable expenses of Tenant remaining in the Office after the Termination Date this work. All rights given to Landlord herein shall be deemed abandoned by Tenant and in addition to any other right or remedy of Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensecontained in this Lease.
Appears in 1 contract
Sources: Lease (Best Software Inc)
Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the Officepremises (including but not limited to roof and wall penetration) without the prior written consent of Landlord. With Tenant may, without the consent of Landlord’s written consent, Tenant, but at Tenant’s sole its own cost and expenseexpense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may make 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, installations 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 “Alterations”) premises to their original condition by the Office provided they are non-structural in nature, which do not effect the Services, utilities date of termination of this lease or other operations or services upon earlier vacating of the Premises and which are done by contractors and sub-contractors approved by premises; provided, however, that if Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities so elects prior to termination of this lease or other agencies having jurisdiction upon earlier vacating of the Premises premises, such alterations, additions, improvements 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like partitions shall become the property of Landlord as of the date of termination of this lease or upon such installation earlier vacating of the premises and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered up to the installations Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by giving Tenant thirty (30) days written notice may be removed by Tenant prior to the Termination Date termination of such relinquishment of ownershipthis lease if Tenant so elects, in which event, they and shall become Tenant’s and must be removed by the date of termination of this lease or upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession earlier vacating of the Office, premises if required by Landlord; upon any such removal Tenant shall remove all personal property restore the premises to their original condition. All such removals and installations restoration shall be accomplished in a good workmanlike manner so as not to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished damage the primary structure or structural qualities of the buildings and Tenant shall immediately restore and repair the Office to that condition existing other improvements situated on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensepremises.
Appears in 1 contract
Sources: Lease Agreement (Glacier Corp)
Alterations. Absent Landlord’s written consent, Tenant may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-non- structural in nature, which do not effect 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. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or 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, Landlord may apply the Security 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, 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 the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expense
Appears in 1 contract
Sources: Office Lease
Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the Officepremises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. With Tenant may, without the consent of Landlord’s written consent, Tenant, but at Tenant’s sole its own cost and expenseexpense and in good workmanlike manner erect such shelves, bins, machinery, and trade fixtures as it may make 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, installations 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 paid for by Tenant and restore the “Alterations”) premises to their original condition by the Office provided they are non-structural in nature, which do not effect the Services, utilities date of termination of this lease or other operations or services upon earlier vacating of the Premises and which are done by contractors and sub-contractors approved by premises; provided, however, that if Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the 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 so elects prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premisestermination of this lease or upon earlier vacating of premises, for work done or claimed to have been done or materials supplied for Tenant or to the Officesuch alterations, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost additions, improvements, and expense. Any installation of materials, fixtures and the like partitions shall become the property of Landlord as of the date of termination of this lease or upon such installation earlier vacating of the premises and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered up to the installations Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by giving Tenant thirty (30) days written notice may be removed by Tenant prior to the Termination Date termination of such relinquishment of ownershipthis lease if Tenant so elects, in which event, they and shall become Tenant’s and must be removed by the date of termination of this lease or upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession earlier vacating of the Office, premises if required by Landlord; upon any such removal Tenant shall remove all personal property restore the premises to their original condition. All such removals and installations restoration shall be accomplished in a good workmanlike manner so as not to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished damage the primary structure or structural qualities of the buildings and Tenant shall immediately restore and repair the Office to that condition existing other improvements situated on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensepremises.
Appears in 1 contract
Sources: Lease Agreement (Luminex Corp)
Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the OfficePremises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord, which consent shall not be unreasonably withheld. With If Landlord consents to Tenant's contractors doing the work, Landlord may require, at Landlord’s written consent's sole option, Tenantthat Tenant provide, at Tenant’s sole cost and 's expense, may make alterationsa lien and completion bond in an amount equal to one, installations and improvements one half (the “Alterations”1-1/2) to the Office provided they are non-structural in nature, which do not effect 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. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by times any and all municipal authorities estimated costs of improvements, additions or other agencies having jurisdiction alterations in the Premises to insure Landlord against any liability for mechanic's and materialmen's liens which may arise in accordance with Paragraph 23 of this Lease Agreement and to insure completion of the Premises work. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner, erect such shelves, bins, equipment, machinery and trade fixtures as it may deem advisable, without altering the Alterations basic character of the building or improvements and upon receiving samewithout overloading or damaging 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 deliver duplicate or certified copies to Landlord be and remain the property 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 during the term of this Lease and Tenant shall deliver evidence 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 such insurance to termination of this Lease or upon earlier vacating of the Premises; provided, however, that if Landlord so elects prior to Tenant’s commencing termination of this Lease or upon earlier vacating of the 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 Officesuch alterations, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty additions, improvements, and partitions (30other than shelves, bins, equipment, machinery, and trade fixtures) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord as of the date of termination of this Lease or upon such installation earlier vacating of the Premises and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered up to the installations Landlord with the Premises. All shelves, bins, equipment, machinery and trade fixtures installed by giving Tenant thirty (30) days written notice may be removed by Tenant prior to the Termination Date termination of such relinquishment of ownershipthis Lease if Tenant so elects, in which event, they and shall become Tenant’s and must be removed by the date of termination of this Lease or upon earlier vacating of the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily movedPremises if required by Landlord. Upon the Termination Date and surrender of possession of the Officeany such removal, Tenant shall remove all personal property restore the Premises to their original condition which existed at the time of Tenants occupancy, reasonable wear and installations tear excepted. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished damage the primary structure or structural qualities of the building and Tenant shall immediately restore and repair the Office to that condition existing other improvements situated on the Commencement DatePremises. Any and all property of Tenant remaining in the Office after the Termination Date shall It is understood that building sprinkler systems are not required by law or ordinance at this time; however, if such a system is required by ordinance or building code, it will be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property installed at Tenant’s Landlord's expense.
Appears in 1 contract
Alterations. Absent Tenant shall not make any alterations, additions or improvements to the Premises, unless the same have been approved by Landlord, in writing. Landlord agrees not to unreasonably withhold, qualify or delay its approval of any alterations, additions or improvements that Tenant proposes to make to the Premises, except Landlord may withhold its approval, in its sole and absolute discretion, of alterations, additions or improvements that affect the exterior, plumbing system, electrical system, roof, foundation or the structural components of the Premises or the Project. All alterations, additions and improvements to the Premises must be made by Tenant in a good and workmanlike manner, using new materials, and must comply with Applicable Laws. Prior to making any alterations, additions or improvements to the Premises, Tenant shall (i) obtain Landlord’s written consent, Tenant may make no alterations to approval of the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost plans and expense, may make specifications for such alterations, installations additions or improvements, and (ii) furnish Landlord with reliable evidence that Tenant has sufficient funds to complete such alterations, additions or improvements. Any such permitted alterations, additions or improvements (must be constructed or installed by the “Alterations”) to the Office provided they are non-structural in naturecontractor designated by Landlord, which do not effect 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. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the 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 pay Landlord an oversight fee in an amount equal to five percent (5%) of the cost of such insurance work. All alterations, additions and improvements to Landlord prior to the Premises must be made by Tenant in a good and workmanlike manner, using new materials, and must comply with Applicable Laws. Any work performed by the Tenant shall not interfere with the other tenants in the Building. Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premisesalterations, for work done or claimed to have been done or materials supplied for Tenant or additions and improvements to the Office, Tenant Premises shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost remain and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain the expiration or earlier termination of this Lease, unless Landlord requires that Tenant remove the same as provided in Article 15. In the Office upon ▇▇▇▇▇▇’s surrender of same. Howeverevent that Landlord consents, Landlord may relinquish such right of ownership in writing, to Tenant installing any facilities on or making any alterations to the installations by giving roof of the Building, Tenant thirty shall: (30i) days written notice prior to not void, violate or limit any roof warranty; (ii) follow the Termination Date roof manufacturer’s recommendations and requirements; and (iii) ensure the installation or alteration does not damage or exceed the load bearing capacity of such relinquishment the roof. If any warranty covering the roof is voided or limited as a result of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixturesacts, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Officeinstallations or alterations, Tenant shall remove reimburse Landlord for the cost of all personal property repairs and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has damages that would have been relinquished and covered by such warranty had the same not been so voided or limited. Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property require any contractor of Tenant remaining in the Office after the Termination Date shall be deemed abandoned employed pursuant to this section to maintain all insurance reasonably required by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseLandlord.
Appears in 1 contract
Alterations. Absent Landlord’s written consentAll alterations, Tenant may make no alterations to the Office. With Landlord’s written consentadditions and improvements, except trade fixtures, installed at expense of Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect 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. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in upon and be surrendered with the Office upon ▇▇▇▇▇▇’s surrender leased premises us a part thereof on the termination of samethis lease. HoweverSuch alterations, additions, and improvements may only be made with the prior written consent of Landlord may relinquish such right which consent shall not be unreasonably withheld. If consent is granted for the making of ownership improvements or alterations to the installations leased premises, 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 leased premises, in connection with the making of such improvements or alterations. No cooling tower, equipment or structure of any kind shall be placed on the roof or elsewhere on the leased premises by giving Tenant thirty (30) days without prior written notice prior 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 roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily, so that repairs to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which roof can be easily movedmade, 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 the Termination Date and surrender of possession of the Officetermination or thus lease, Tenant shall remove all personal property and installations or cause to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and be removed from the roof any such cooling tower, equipment or structure if directed to do so by Landlord. Tenant shall immediately restore promptly repair at its expense any damages resulting from such removal. At the termination of this lease, Tenant shall deliver the leased premises in good order and repair the Office to that condition existing on the Commencement Datecondition, natural deterioration only excepted. Any and all property damage caused by the installation or removal of Tenant remaining in the Office after the Termination Date trade fixtures shall be deemed abandoned repaired at Tenant's expense prior to the expiration of the lease term. All alterations, improvements, additions, and repairs made by Tenant shall be made in good and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseworkmanlike manner.
Appears in 1 contract
Sources: Commercial Lease (Decorize Inc)
Alterations. Absent Landlord’s written consent, Tenant may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services After construction of the Premises and which are done by contractors and sub-contractors approved Building by Landlord in every instance. Before making Alterationsand completion of fixtures and interior improvements by Tenant, Tenant shall obtain all permitsnot make alterations in or additions to the Building unless Tenant has obtained Landlord's written permission to do so, approvalsand subject to Tenant's not being in default hereunder and subject to furnishing Landlord with acceptable plans and specifications, certificates required the names and addresses of contractors, copies of contracts, necessary permits and indemnifications as requested by the Landlord and lien waivers as to any and all municipal authorities claims, costs, liabilities, and expenses which may arise in connection with said alterations or other agencies having jurisdiction of the Premises and the Alterations and upon receiving sameadditions. As a further condition to Landlord's consent to said alterations or additions, Tenant shall deliver duplicate or certified copies advise all subcontractors, suppliers, materialmen, and laborers that they shall not have the right 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 file a Mechanic's Lien against the Building and property damage insuranceowned 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 such amounts as 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 requires, naming with certificates of insurance from all contractors performing labor or furnishing materials insuring the Landlord as insured against any and Tenant shall deliver evidence all liabilities which may arise out of such insurance to Landlord prior to Tenant’s commencing the Alterationsor be connected in any way with said additions or 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 Office, The Tenant shall pay the cost of all such alterations and additions and also the cost of decorating the Premises occasioned by such alterations and additions. Upon completing any alterations or cause to 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, and other governmental units or departments and agencies thereof. All alterations and additions shall be paid or file constructed in a bond in the amount stated in the mechanic’s lien within thirty (30) days good and workmanlike manner and only good grades of said filing at Tenant’s sole cost and expensematerials shall be used. Any installation of materialsAll additions, excepting removable fixtures and the like other than light fixtures, shall become the Landlord's property of Landlord upon such installation and shall remain in upon the Office upon ▇▇▇▇▇▇’s surrender Premises at the termination of same. However, Landlord may relinquish such right this Lease by lapse of ownership time or otherwise without compensation or allowance or credit to the installations by giving Tenant. If the Tenant thirty (30) days written notice does not remove the Tenant's fixed furniture, equipment, machinery, fixtures, and all other items of personal property of every kind and description from the Premises prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession end of the Officeterm, however ended, which the Tenant does not have the right to remove if it is in default hereunder, then Tenant shall remove all personal property and installations conclusively presumed to which have conveyed the same to the Landlord under this Lease as a bill ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and ▇ sale without further payment or credit by Landlord to the Tenant. All structural changes made by Tenant shall immediately restore be restored to their original condition at the Tenant's expense if Landlord so requests. Tenant's violation of any of the terms and repair the Office to that condition existing on the Commencement Date. Any and all property conditions of Tenant remaining in the Office after the Termination Date this numbered paragraph 13 shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseconstitute a default hereunder.
Appears in 1 contract
Sources: Lease Agreement (Urosurge Inc)
Alterations. Absent Landlord’s written consentThe Lessee shall not have the right to make any alterations additions, Tenant may make no alterations or improvements to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make leased Lot unless prior to commencement of any such alterations, installations additions or improvements, Lessee has received the written consent of the Lessor. Before written consent is granted by Lessor, Lessee shall deliver to Lessor a complete written plan for such alterations additions or improvements. If consent is given:
(A) No change or alteration shall impair the structural soundness or diminish the value of the leased property.
(B) All tree removal on said premises requires written authorization from Lessor after a plan has been received from Lessee.
(C) All boats, trailers and improvements (personal property must be removed or tied down by the “Alterations”) move out date of each lease year to the Office provided they are non-structural in naturesatisfaction of Lessor. Any personal property not tied down after move out date may be disposed of by Lessor at Lessee’s expense. This includes fences, which do not effect the Servicesgrills, utilities refrigerators or any other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any item.
(D) Any and all municipal authorities work performed in connection with an alteration, addition or improvement must be done in a workmanlike manner and shall be in compliance with any building and zoning laws, and/or any other agencies having jurisdiction laws, ordinances, orders, rules, regulations and requirements of all federal, state or local municipalities or appropriate departments, commissions, boards and officers thereof.
(E) Any alteration, addition or improvement made by the Premises Lessee shall become and remain the Alterations property of Lessee unless removal of said property would materially damage or impair the leased premises 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of event said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like property shall become the property of Landlord upon the Lessor. In the event Lessee fails to obtain prior written consent for alterations, additions or improvements, any such installation articles shall become the property of the Lessor and shall remain in on the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to subject Lot at the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession end of the OfficeLease season. Failure to obtain prior written consent for any alteration, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining addition or improvement may result in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenselease termination.
Appears in 1 contract
Sources: Seasonal Lease Agreement
Alterations. Absent Landlord’s Tenant shall not make any alterations, additions or improvements to the Premises (including, without limitation, the roof and wall penetrations) without the prior written consentconsent of Landlord which consent shall not be unreasonably withheld. If Landlord shall consent to any alterations, additions or improvements proposed by Tenant, Tenant may make no alterations shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements 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, additions or improvements Landlord shall advise Tenant whether Tenant is required to remove such alterations, additions or improvements prior to the Officetermination of the Lease. With Landlord’s written consent, If Landlord does not so advise Tenant, then Tenant shall not be required to remove such items. Tenant may, without the consent of Landlord, but at Tenant’s sole 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 applicable governmental laws, ordinances, regulations and other requirements. 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 primary structure or structural quality of the Building. Tenant may, at its own cost and expense, may make alterationswithout Landlord's consent, installations install, replace or remove any of Tenant's trade fixtures, furniture, demountable partitions and improvements equipment (all hereinafter referred to as "Trade Fixtures"). Any or all such Trade Fixtures shall be and remain the “Alterations”) to property of Tenant, and may, at Tenant's option and expense, be removed by the Office provided they are non-structural in nature, which do not effect Tenant at any time during the Services, utilities or other operations or services term of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities Lease or other agencies having jurisdiction of at the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every onelease expiration date. 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 mechanic’s lien be filed against the Office and/or Premises, liable for work done or claimed to have been done or materials supplied for Tenant or damages to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days Premises caused by Tenant's removal of said filing at Tenant’s sole cost and expense. Any installation of materials, 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 the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseits Trade Fixtures.
Appears in 1 contract
Sources: Sublease (Exult Inc)
Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the OfficePremises (including but not limited to roof, floor and wall penetrations) without the prior written consent of Landlord. With Landlord’s written consentIn 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 's sole cost and expense, may 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, installations and additions or improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved may be made by Landlord for Tenant's account and, in every instance. Before making Alterationssuch event, Tenant shall obtain all permitsfully reimburse Landlord for the entire cost thereof, approvalsincluding a fee of fifteen percent (15%) of such cost to cover Landlord's overhead, certificates required within twenty (20) days after written notification of Tenant by any and all municipal authorities Landlord providing Tenant with an invoice or other agencies having jurisdiction request (or statement). Promptly after completion of any alterations, additions, or improvements to the Premises and the Alterations and upon receiving samemade by Tenant, Tenant shall deliver duplicate supply Landlord with a set of scaled and dimensioned, reproducible mylars of "as-built" plans for such alterations, additions or improvements, certified copies to Landlord of each and every oneby 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 basic character of the Building or improvements and without overloading or damaging 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 carry be and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and remain the property damage insurance, in such amounts as Landlord requires, naming Landlord as insured of Tenant during the Term and Tenant shall deliver evidence shall, unless Landlord otherwise elects as herein provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their condition, as existed after completion of such insurance to the 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 Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premisestermination or expiration of this Lease, for work done or claimed to have been done or materials supplied for Tenant or to the Officesuch alterations, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost additions, improvements and expense. Any installation of materials, fixtures and the like partitions shall become the property of Landlord upon such installation as of the Lease Expiration Date or any sooner date of termination of this Lease and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered up to the installations Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by giving Tenant thirty (30) days written notice may be removed by Tenant prior to the Termination Date termination of such relinquishment of ownershipthis Lease if Tenant so elects, in which event, they and shall become Tenant’s and must be removed 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 Termination DatePremises to their original condition. Nothing herein is meant All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon damage the Termination Date and surrender of possession primary structure or structural qualities of the OfficeBuilding and improvements situated in the Premises. Tenant shall not be required to remove any of the Leasehold Improvements constructed pursuant to the Work Letter attached hereto as Exhibit "C." In addition, Tenant shall not be required to remove all personal property and installations any subsequent alteration or improvement made by Tenant, provided Tenant obtains Landlord's written consent to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair surrender such alteration or improvement with the Office Premises, at the time Landlord consents to that condition existing on the Commencement Date. Any and all property making of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property alteration or may remove such abandoned property at Tenant’s expenseimprovement.
Appears in 1 contract
Sources: Lease Agreement (Synquest Inc)
Alterations. Absent 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’s written consent. 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 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, or, at Landlord's option and discretion, 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 trade fixtures as it may make no alterations 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 each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the Office. With Landlord’s written consenttermination of this Lease if Tenant so elects, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (shall be removed by the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities date of termination of this Lease or other operations or services upon earlier vacating of the Premises and which are done if required by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Landlord; upon any such removal Tenant shall obtain all permits, approvals, certificates required by any restore the Premises to their original condition. All such removals and all municipal authorities restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or other agencies having jurisdiction structural quality of the 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, 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 the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseBuilding.
Appears in 1 contract
Alterations. Absent Landlord(a) Subtenant shall not make any alterations, additions, or improvements to the Subleased Premises without Sublandlord’s prior written consent, Tenant may make no alterations which shall not be unreasonably withheld or delayed, and the approval of Master Landlord pursuant to the Officeterms and conditions outlined in the Master Lease. With 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’s written consent, Tenantand will be made using new, at Tenant’s first class materials and in a good and workmanlike manner. At its sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors Subtenant shall coordinate all work with a project manager approved by Landlord in every instance. Before making AlterationsSublandlord (and Master Landlord, Tenant shall obtain all permits, approvals, certificates 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 municipal authorities 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 agencies having jurisdiction liabilities, liens, claims and demands on account of such work by or on behalf of Subtenant. Prior to the commencement of any work (including, but not limited to, any maintenance, repairs, alterations, additions, improvements or installations) in or to the Subleased Premises, by or for Subtenant, Subtenant will give Sublandlord written notice of the proposed work and the names and addresses of the persons supplying labor and materials for the proposed work. Sublandlord and/or Master Landlord will have the right to post notices of non- responsibility or similar written notices on the Subleased Premises and the Alterations Premises in order to protect the same against any such liens. All alterations (whether temporary or permanent in character and whether made with or without the consent of Sublandlord and/or the Master Landlord) made in or 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 mechanic’s lien be filed against the Office and/or Subleased Premises, for work done either by Sublandlord or claimed to have been done or materials supplied for Tenant or to Subtenant, shall be the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanicMaster Landlord’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain on the Subleased Premises without compensation to Subtenant unless Master Landlord shall elect to have the alterations removed pursuant to the terms and conditions outlined in the Office upon ▇▇▇▇▇▇’s surrender Master Lease.
(b) Subject to subsection 4.7(c) below, Subtenant shall not be responsible for the removal of sameany 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. HoweverIn addition, Landlord may relinquish such right Subtenant shall not be responsible for the restoration of ownership the Premises to its condition existing as of the Commencement Date so long as any alterations, additions or improvements made by Subtenant have been approved by Sublandlord and Master Landlord.
(c) Notwithstanding anything else herein to the installations contrary, should Master Landlord pursuant to the terms of the Master Lease demand that Sublandlord or Subtenant remove any alterations, additions or improvements made by giving Tenant thirty Sublandlord or Subtenant to the Subleased Premises (30) days written notice either prior to or during the Termination Date term of this Sublease) at the end of the Term pursuant to the terms and conditions outlined in the Master Lease, the cost of removal of such relinquishment of ownershipalterations, in which event, they shall become Tenant’s additions or improvements will be split evenly between the Sublandlord and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseSubtenant.
Appears in 1 contract
Alterations. Absent Landlord’s written consentAny alterations, Tenant may additions or 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 alterations, additions or improvements to the OfficeLeased Premises without the written consent of the Lessor. With Landlord’s written consentAll alterations, Tenantadditions, improvements, cabinetry or other fixtures made or attached to the Building or the Leased Premises by and for the Lessee, including but not limited to, any and all subdividing partitions, walls or railings of whatever type, material or height (but excepting movable office furniture and equipment and modular cabinetry paid for by Lessee 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 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 (10) days after the expiration or earlier termination of the Lease; in which event the Lessee, at Tenantthe Lessee’s sole cost and expense, shall remove the property so specified on or before the date of expiration or earlier termination of this Lease or a date five (5) days after the receiving of such notice, whichever shall be the later, and shall promptly restore the Leased Premises to their original condition, reasonable wear and tear excepted; if Lessee fails to perform the necessary restorations within ten days after removing the property, or if Lessee is in default under this Lease, Lessor may make alterations, installations and improvements (undertake the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services restoration of the Leased Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction to their original condition after the removal of the 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, 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 the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownershipspecified property, in which event, they event Lessee shall become Tenant’s and must be removed upon promptly reimburse Lessor for the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender cost of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenserestoration.
Appears in 1 contract
Sources: Lease (BNC Bancorp)
Alterations. Absent Landlord’s written consentExcept for the Tenant Improvements, Tenant may will not make no alterations any alterations, additions or improvements to the OfficePremises (including, but not limited to, roof and wall penetrations without the prior written consent of Landlord (not to be unreasonably withheld, or delayed). With Tenant may, without the consent of Landlord’s written consent, Tenant, but at Tenant’s sole its own cost and expenseexpense and in a good workmanlike manner, may make alterationserect such shelves, installations bins, machinery, movable lab benches, equipment, trade fixtures (defined as any fixtures used by Tenant in its specific business and improvements (the “Alterations”not paid for by Landlord) to the Office provided they are and other non-structural in natureinterior improvements as it may deem advisable, which do not effect without altering the Services, utilities basic character or other operations or services structure of the Premises or improvements and without overloading or damaging the Premises or Building, and in each case complying with all Applicable Laws. Tenant will not make any alterations, additions or improvements to the Premises which are done will contravene Landlord’s policies insuring against loss or damage by contractors fire or other hazards, including but not limited to commercial general liability, or which will prevent Landlord from securing such policies in companies reasonably 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 (as reasonably documented by Landlord), Tenant will pay as Additional Rent the amount of any such increase promptly upon demand by Landlord. Within thirty (30) days receipt of reasonable documentation from Landlord following the completion of any alteration, addition, or improvement at the Premises by Tenant that requires the prior consent of Landlord, Landlord Any and suball alterations, additions, improvements, partitions and fixtures erected by Tenant will be the property of Landlord and will remain at the Premises upon termination of the Lease or upon earlier vacating of the Premises. All shelves, bins, machinery, trade fixtures, and other interior non-contractors approved structural improvements installed by Tenant will remain the 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 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 personal property or trade fixtures by Tenant, or any Tenant Party. Should Tenant fail to conduct any such repair within ten (10) days of written notice from Landlord, Landlord may, at its option, perform same, and Tenant will remit payment to Landlord for the actual cost and expense incurred by Landlord in every instanceeffecting such repair promptly upon demand. Before making AlterationsTenant will have no authority, Tenant shall obtain all permitsexpress or implied, approvalsto create or place any lien or encumbrance of any kind or nature whatsoever upon, certificates required by or in any and all municipal authorities or other agencies having jurisdiction 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 Alterations and upon receiving same, leasehold interest granted to Tenant shall deliver duplicate or certified copies to Landlord of each and every oneby this instrument. Tenant shall carry covenants 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 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 Office, Tenant shall agrees that it will pay or cause to be paid all sums legally due and payable by it on account of any labor performed or file a bond materials furnished in connection with any work performed on the Premises at the request of Tenant on which any lien is or can be validly and legally asserted against its leasehold interest in the amount stated 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 asserted claims or liens against the leasehold estate or against the right, title and interest of Landlord in the mechanic’s lien within thirty (30) days Premises or under the terms of said filing at Tenant’s sole cost and expense. Any installation of materials, 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 the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensethis Lease.
Appears in 1 contract
Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the Officepremises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. With Such consent may not be unreasonably withheld or denied. 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 consent of Landlord’s written consent, Tenant, but at Tenant’s sole its own cost and expenseexpense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may make 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, installations 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 “Alterations”) premises to their original condition by the Office provided they are non-structural in nature, which do not effect the Services, utilities date of termination of this lease or other operations or services upon earlier vacating of the Premises and which are done by contractors and sub-contractors approved by premises; provided, however, that if Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities so elects prior to termination of this lease or other agencies having jurisdiction upon earlier vacating of the Premises premises, such alterations, additions, improvements 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like partitions shall become the property of Landlord as of the date of termination of this lease or upon such installation earlier vacating of the premises and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered up to the installations Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by giving Tenant thirty (30) days written notice may be removed by Tenant prior to the Termination Date termination of such relinquishment of ownershipthis lease, in which eventif Tenant so elects, they and shall become Tenant’s and must be removed by the date of termination of this lease or upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession earlier vacating of the Office, premises if required by Landlord; upon any such removal Tenant shall remove all personal property restore the premises to their original condition. All such removals and installations restoration shall be accomplished in a good workmanlike manner so as not to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished damage the primary structure or structural qualities of the buildings and Tenant shall immediately restore and repair the Office to that condition existing other improvements situated on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensepremises.
Appears in 1 contract
Sources: Lease Agreement (Conns Inc)
Alterations. Absent Landlord’s written consent, Tenant may make no alterations In the event that Subtenant desires to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations additions or improvements to the Sublease Premises, Subtenant shall concurrently provide to each of Sublandlord and Master Landlord, in accordance with the notice provisions herein, a description of the proposed alterations, additions or improvements, together with and a copy of the proposed plans and specifications for review and approval. Subtenant shall make no alterations, additions or improvements in or to the Sublease Premises without the prior written consent of both Sublandlord and, if required by the Master Lease, Master Landlord. The parties acknowledge that Sublandlord may undertake certain Alterations at the Building, which Alterations will not exceed $100,000.00 in cost in any 12-month period, without the consent of Master Landlord pursuant to Section 6.03 of the Master Lease. Subtenant understands and agrees that Sublandlord shall allocate portions of such Alterations to the various subtenants at the Building in Sublandlord’s sole discretion, and may allocate all, some or none of such Alterations to the Sublease Premises as Sublandlord may from time to time determine is appropriate. Sublandlord shall not unreasonably withhold, condition or delay its consent to any proposed alteration, addition or improvement. Notwithstanding the foregoing, it shall not be unreasonable for Sublandlord to withhold consent to any alteration, addition or improvement for which Master Landlord does not provide consent. Sublandlord shall give its consent or reasons for failure to consent to any proposed alteration, addition or improvement within ten (10) business days after Sublandlord has received from Subtenant a description of the proposed alterations, additions or improvements together with and a copy of the proposed plans and specifications. Any such approved alterations, additions or improvements shall be installed in accordance with the terms of the Master Lease. In the event that Subtenant makes any such alterations, additions or improvements, Subtenant shall restore the Sublease Premises at the expiration or earlier termination of the Sublease Term to its condition existing as of the Sublease Commencement Date, reasonable wear and tear excepted, unless Master Landlord otherwise agrees in writing. If Master Landlord agrees in writing that any alterations, additions or improvements installed by Subtenant may remain in the Sublease Premises upon the expiration or earlier termination of this Sublease, Sublandlord shall not have the right to require that Subtenant remove those alterations, additions or improvements upon the expiration or earlier termination of this Sublease. The parties acknowledge that Subtenant intends to perform certain alterations at the inception of this Sublease (the “AlterationsInitial T.I’s”) ), as more fully set forth in Exhibit D hereto. Subject to Master Landlord’s consent to the Office provided they are non-structural in natureInitial T.I.’s, which do not effect 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. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the 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 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 Sublandlord consents to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanicInitial T.I.’s. Master Landlord’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, 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 consent to the installations by giving Tenant thirty (30) days written notice prior Initial T.I.’s is a condition precedent to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s this Sublease being effective as between Sublandlord and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseSubtenant.
Appears in 1 contract
Sources: Sublease Agreement (Niku Corp)
Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the Officepremises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord. With Tenant may, without the consent of Landlord’s written consent, Tenant, but at Tenant’s sole its own cost and expenseexpense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may make 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, installations 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 “Alterations”) premises to their original condition by the Office provided they are non-structural in nature, which do not effect the Services, utilities date of termination of this lease or other operations or services upon earlier vacating of the Premises and which are done by contractors and sub-contractors approved by premises; provided, however, that if Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities so elects prior to termination of this lease or other agencies having jurisdiction upon earlier vacating of the Premises premises, such alterations, additions, improvements 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like partitions shall become the property of Landlord as of the date of termination of this lease or upon such installation earlier vacating of the premises and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered up to the installations Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by giving Tenant thirty (30) days written notice may be removed by Tenant prior to the Termination Date termination of such relinquishment of ownershipthis lease if Tenant so elects, in which event, they and shall become Tenant’s and must be removed by the date of termination of this lease or upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession earlier vacating of the Office, premises if required by Landlord; upon any such removal Tenant shall remove all personal property restore the premises to their original condition. All such removals and installations restoration shall be accomplished in a good workmanlike manner so as not to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished damage the primary structure or structural qualities of the buildings and Tenant shall immediately restore and repair the Office to that condition existing other improvements situated on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensepremises.
Appears in 1 contract
Sources: Lease Agreement (Cd Warehouse Inc)
Alterations. Absent Landlord’s written consent, Tenant may shall have the right to make no alterations or additions to the Office. With Landlord’s written consentPremises, Tenantor construct additional improvements on the Premises, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) subject to the Office provided they are prior written consent of Landlord, which 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. All work shall be made with due diligence, in naturea good and workmanlike manner and in compliance with all laws, which do not effect the Servicesordinances, utilities orders, rules, regulations, certificates of occupancy, or other operations or services of the Premises governmental requirements, and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, provided Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to provide 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within with thirty (30) days 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 said filing at Tenant’s sole cost this Lease. All alterations, additions, fixtures, and expense. Any installation of materialsimprovements, fixtures and whether temporary or permanent in character, made to the like shall become the property of Landlord upon such installation and shall remain in the Office upon Premises by ▇▇▇▇▇▇’s surrender , will immediately vest in Landlord at the end of samethe Term of this Lease and will remain on the Premises without compensation to Tenant. However, Landlord may relinquish such right of ownership Notwithstanding anything to the installations contrary in this section, all equipment, shelves, bins, machinery and trade fixtures installed by giving Tenant thirty (30) days written notice may be removed by Tenant prior to the Termination Date termination of such relinquishment of ownershipthis Lease if Tenant so elects, in which event, they and shall become Tenant’s and must be removed by the date of termination of this Lease or upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession earlier vacating of the OfficePremises if required by Landlord; upon any such removal, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office 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 that condition existing damage the primary structure or structural qualities of the Buildings and other improvements situated on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensePremises.
Appears in 1 contract
Sources: Office Lease Agreement
Alterations. Absent Tenant shall make no changes in or to the demised premises of any nature without Landlord’s 's prior written consent. Subject to the prior written consent of Landlord, and to the provisions of this article, Tenant may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and 's expense, may make alterations, installations and installations, additions or improvements (the “Alterations”) to the Office provided they which are non-structural in nature, and which do not effect affect utility services or plumbing and electrical lines in or to the Services, utilities or other operations or services interior of the Premises demised premises by using contractors or mechanics first approved by Landlord. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Landlord in Tenant's behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the 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 are done event, the same shall be removed from the premises by Tenant prior to the expiration of the lease, at Tenant's expense. Nothing in this article shall be construed to give Landlord title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense, repair and restore the premises to the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All properly permitted or required to be removed by 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 retained as Landlord's property or may be 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, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, 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 the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇'▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expense
Appears in 1 contract
Alterations. Absent (a) Without Landlord’s 's prior written consent, Tenant may shall not make no alterations or cause to be made any decorating, exterior, structural, electrical, plumbing; ventilation, air conditioning .or other type of alterations, improvements, additions, changes or repairs in or to the OfficePremises or the Building. With Landlord’s written 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 mechanics performing the work; to approve all plans and specifications relating to the work; to review the work of Tenant's architects, engineers, contractors or mechanics and to control any construction or other activities being undertaken within the Building, with Landlord to be reimbursed on demand of same for any costs incurred in connection with such review or control; and to require correction of the work in instances in which materials or workmanship is defective or not in accordance with plans or specifications previously approved by Landlord. Landlord's approval of any plans and specifications shall create no responsibility on the 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 's sole cost and expense, may make complete copies of all final working drawings and plans and specifications. Except as expressly provided herein, all alterations, installations improvements, additions, changes or repairs shall be provided by and improvements (the “Alterations”) to the Office provided they are non-structural in naturepaid for by Tenant at its sole expense, which do not effect 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. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like but shall become the property of Landlord upon such installation and shall remain be surrendered with the Premises upon termination of this lease; provided, however, that Landlord may, by written notice to Tenant as provided in Section 7 of this lease, require Tenant, at Tenant's sole cost and expense, to remove any or all improvements, alterations, additions or fixtures installed or made by Tenant on or to the Premises and to repair any damages to the Premises caused by such removal.
(b) All work in connection with any alterations. improvements, changes, additions or repairs in the Office upon ▇▇▇▇▇▇’s surrender Premises or the Building made by or for the benefit of sameTenant shall be performed in full compliance with all laws. Howeverordinances, Landlord may relinquish 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 right compliance. If there is now or if there shall be installed in the 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 ownership to Tenant's business or the installations by giving Tenant thirty (30) days written notice prior to improvements it has added or the Termination Date location of such relinquishment of ownershippartitions, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession fixtures or other contents of the OfficePremises, 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 remove all personal property and installations give Landlord at least fifteen (15) days' written notice. Landlord shall be entitled to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and enter the Premises during regular hours to post a notice of non-responsibility. Tenant shall immediately restore secure, at Tenant's own cost, payment and repair performance bonds, satisfactory to Landlord, for said work, and during the Office progress of the work, Tenant shall at its sole cost and expense, upon Landlord's request, famish Landlord with sworn contractor's statements and lien waivers covering all work theretofore performed, together with such endorsements to that condition existing on the Commencement DateLandlord's title insurance policy as Landlord may require. Any and all property of mechanic's liens for work claimed to have been performed for, or materials claimed to have been furnished to, Landlord or Tenant remaining in the Office after the Termination Date shall be deemed abandoned discharged by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property Tenant, at Tenant’s 's sole expense as provided in Section 31. Tenant agrees to 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 at Tenant's request or on Tenant's behalf.
Appears in 1 contract
Sources: Office Lease (Mypoints Com Inc)
Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the Officepremises without the prior written consent of Landlord. With Landlord’s written consent, Tenant, Tenant at Tenant’s sole its own cost and expense, may make alterationserect such shelves, installations bins, furniture, machinery, liquid nitrogen piping and improvements associated equipment (including a tank and compressor outside the “Alterations”Building), alternate fire suppression system and other trade fixtures as it desires, provided that (i) to the Office provided they are non-structural in nature, which such items do not effect alter the Services, utilities or other operations or services basic character of the Premises or the Building, (ii) such items do not overload or damage the Building or any Building systems, (iii) such items may be removed without injury to the Premises, and which are done by contractors (iv) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any with Landlord's specifications and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every onerequirements. Tenant shall carry be responsible for the compliance of all of its alterations, additions 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 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 improvements to the Office, Tenant shall pay or cause to be paid or file a bond in Premises with the amount stated in Americans With Disabilities Act of 1990 and the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expenseTexas Architectural Barriers Act. Any installation of materialsExcept for removable furniture, fixtures and the like equipment, raised computer floor(s), cubical furniture, liquid nitrogen piping and associated equipment (including outside tank and compressor), alternate fire suppression system and de-mountable interior wall panels, all alterations, additions, improvements and partitions erected by Tenant shall become be and remain the property of Landlord immediately upon such installation installation. All shelves, bins, furniture, machinery, liquid nitrogen piping and associated equipment (including exterior tank and compressor), raised computer floor(s), cubical furniture, alternate fire suppression system(s) and removable trade fixtures installed by Tenant shall be the Property of Tenant and shall remain in be removed by Tenant on or before the Office upon ▇▇▇▇▇▇’s surrender earlier to occur of same. Howeverthe day of termination or expiration of this Lease or vacating the Premises, Landlord may relinquish such right of ownership at which time Tenant shall restore the Premises to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in condition which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession existed as of the Officecompletion of the Interior Improvements [specifically excluding liquid nitrogen piping and associated equipment (including exterior tank and compressor) and alternate fire suppression system(s)], Tenant reasonable wear and tear excepted. All alterations, installations, removals and restorations shall remove all personal property be performed in a good and installations workmanlike manner so as not to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair damage or alter the Office to that condition existing primary structure or structural qualities of the Building or other improvements situated on the Commencement Date. Any and all property Premises or of Tenant remaining in which the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensePremises are a part.
Appears in 1 contract
Alterations. Absent Landlord’s written consent, Tenant may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect 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. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every oneSection 1. 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 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 Office, Tenant shall pay not make or cause to be paid made any alterations, additions or file a bond in improvement to the amount stated in leased premises without the mechanic’s lien within thirty (30) days prior written approval of said filing Landlord. Tenant shall present to Landlord plans and specifications for such work at Tenant’s sole cost the time approval is sought.
Section 2. All alterations, decorations, additions and expense. Any installation of materials, fixtures improvements made by Tenant shall be deemed to have attached to the leasehold and the like shall to have become the property of Landlord upon such installation and shall remain in the Office attachment; upon ▇▇▇▇▇▇’s surrender expiration of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord this Lease or any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Officerenewal 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 personal property rents and installations 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 ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished shall be removed by Tenant at the expiration or termination of the Lease and Tenant shall immediately 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 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 shall not be unreasonably withheld. The Tenant's Plans are expressly subject to Landlord's approval, such approval not to be unreasonably withheld or delayed. Landlord shall review the Tenant'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, Tenant shall promptly modify the 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 laws, rules or regulations of any governmental or other authority. Tenant agrees that all materials to be used by 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 Landlord as a named insured, which insurance coverage shall meet the criteria reasonable prescribed by Landlord. In the event 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 construction 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, 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 right to procure such discharge by filing such bond, and Tenant shall 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 clean room and any other alterations, additions, improvements and fixtures made by or for Tenant, shall be removed by Tenant at the expiration or termination of the Lease and Tenant shall promptly remove the same and restore and repair any damage to the Office leased premises caused by such removal.
Section 4. In the event Tenant receives a bona fide offer from a third party to that condition existing on construct the Commencement Date. Any 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 all property of conditions contained therein, and Landlord shall have the first right to construct the Tenant remaining Improvements upon the same terms and conditions as set forth in the Office Proposed Construction Agreement. Landlord's election must be made by delivery of written notice to Tenant within three (3) business days after receipt of notice of the Termination Date Proposed Construction Agreement from Tenant, and upon such exercise, Landlord and Tenant shall be deemed abandoned by have an additional ten (10) days in 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, fails to 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 enter 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 anything in this Article VII, Section 4 to the contrary, in the event that Tenant provides written notice to Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensewithin sixty (60) days from the date of 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 Environmental Sciences (IES) Recommended Procedures, and ISO/FDIS (Clean Rooms and Associated Controlled Environment Standards), the option granted to Landlord in this Article VII, Section 4 will not apply.
Appears in 1 contract
Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the Officepremises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord, which consent shall not be unreasonably withheld. With Tenant may, without the consent of Landlord’s written consent, Tenant, but at Tenant’s sole its own cost and expenseexpense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may make 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, installations additions, improvements and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done partitions erected by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any be and all municipal authorities or other agencies having jurisdiction of the 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become 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 such installation earlier vacating of the premises and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered up to the installations Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by giving Tenant thirty (30) days written notice may be removed by Tenant prior to the Termination Date termination of such relinquishment of ownershipthis Lease if Tenant so elects, in which event, they and shall become Tenant’s and must be removed by the date of termination of this Lease or upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession earlier vacating of the Office, premises if required by Landlord; upon any such removal Tenant shall remove all personal property restore the premises to their original condition. All such removals and installations restoration shall be accomplished in a good workmanlike manner so as not to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished damage the primary structure or structural qualities of the buildings and Tenant shall immediately restore and repair the Office to that condition existing other improvements situated on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensepremises.
Appears in 1 contract
Sources: Lease Agreement (Converse Inc)
Alterations. Absent 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’s written consent. 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 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, or, at Landlord's option and discretion, 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 trade fixtures as it may make no alterations 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 each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the Office. With Landlord’s written consenttermination of this Lease if Tenant so elects, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (shall be removed by the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities date of termination of this Lease or other operations or services upon earlier vacating of the Premises and which are done if required by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Landlord; upon any such removal Tenant shall obtain all permits, approvals, certificates required by any restore the Premises to their original condition. All such removals and all municipal authorities restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or other agencies having jurisdiction structural quality of the 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, 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 the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseBuilding.
Appears in 1 contract
Alterations. Absent Tenant shall make no changes in or to the demised premises of any nature without Landlord’s 's prior written consent, Tenant may make no alterations . Subject to the Office. With prior written consent of Landlord’s written consent, and to the provisions of this article, Tenant, at Tenant’s sole cost and 's expense, may make alterations, installations installations, additions or improvements which are nonstructural and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect affect utility services or plumbing and electrical lines, in or to the Services, utilities or other operations or services 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 premises any time, either by Tenant or by Landlord on Tenant's behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the demised premises. Nothing in this Article shall be 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 Landlord, Tenant shall immediately and at its expense repair and restore the premises to the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by 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 occur of (i) March 31, 2008, the scheduled expiration of a lease by and between Landlord and Digital Convergence Corporation, as Tenant, for the Demised Premises (hereinafter the "Digital Lease"), or (ii) in the event of the early termination of the Digital Lease, 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 terms and which are done 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 deliver promptly duplicates of all such permits, approvals and certificates to Landlord an Tenant agrees to carry and will cause Tenant's contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the 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 compensationsuch work▇▇▇'▇ ▇▇▇pensation, general liability, personal and property damage insurance, in such amounts insurance as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterationsmay require. Should a If any mechanic’s 's lien be is filed against the Office and/or Premisesdemised premises, or the building of which the same forms a part for work done or claimed to have been done for, or materials supplied for furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant or to the Officewithin ten days thereafter, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and 's expense. Any installation of materials, fixtures and by payment or filing 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 the installations bond required by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenselaw.
Appears in 1 contract
Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the OfficePremises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord, not to be unreasonably withheld, conditioned or delayed. With Landlord’s written consentIn 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 '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 good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may make 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, installations 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 “Alterations”) Premises to their original condition by the Office provided they are non-structural in nature, which do not effect the Services, utilities date of termination of this lease or other operations or services upon earlier vacating of the Premises Premises, reasonable wear and which are done by contractors and sub-contractors approved by tear excepted; provided, however, that if Landlord so elects in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities writing prior to termination of this lease or other agencies having jurisdiction upon earlier vacating of the 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 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 Officesuch alterations, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty additions, improvements and partitions (30but not Tenant's trade fixtures) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord as of the date of termination of this lease or upon such installation earlier vacating of the Premises and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered up to the installations Landlord with the Premises Notwithstanding the foregoing sentence, all shelves, bins, machinery and trade fixtures installed by giving Tenant thirty (30) days written notice may be removed by Tenant prior to the Termination Date termination of such relinquishment of ownershipthis lease if Tenant so elects, in which event, they and shall become Tenant’s and must be removed by the date of termination of this lease or upon earlier vacating of the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily movedPremises if required by Landlord. Upon any such removal Tenant shall restore the Termination Date Premises to their original condition, normal wear and surrender of possession 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 Office, Tenant shall remove all personal property building and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing other improvements situated on the Commencement DatePremises. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expense(See Additional Provisions, Section 8)
Appears in 1 contract
Sources: Lease Agreement (Homegrocer Com Inc)
Alterations. Absent Landlord’s written consentTenant shall not make or suffer to be made any alterations, Tenant may make no alterations additions, changes or improvements in, on, or to the OfficePremises or any part thereof without the prior written consent of Landlord; and any such alterations, additions, changes or improvements in, on, or to said Premises, except for Tenant's movable furniture and equipment shall immediately become Landlord's property and, at the end of the Term hereof, shall remain on the Premises without compensation 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. With Landlord’s written consentIn 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 '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 not be unreasonably withheld, delayed or conditioned). Any contractor or person selected by Tenant to make the same and all subcontractors must first be approved in writing by Landlord or, at Landlord's opinion, the alteration, addition or improvement shall be made by Landlord for Tenant's account and 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 Tenant and provided to Landlord for such alteration, addition or improvements. Upon the expiration or sooner termination of the Term herein provided, Tenant may opt to remove any improvements or alteration at Tenant's sole cost and expense and Tenant shall forthwith and with all due diligence, at its sole cost and expense, may make alterations, installations thereupon repair and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of restore the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, 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 the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensetheir original condition.
Appears in 1 contract
Sources: Landlord's Consent to Second Sublease (Witness Systems Inc)
Alterations. Absent Future improvements or alterations of the Premises (beyond Landlord’s 's Tenant Improvements) requested by Tenant to be performed (but are not obligated to be performed) by Landlord at Tenant's sole expense and following the signing of an approval and restoration agreement between Tenant and Landlord. Alternatively, after obtaining Landlord's written consentconsent in each instance, Tenant may make all required permits and approvals, and after providing Landlord with insurance and indemnification required by Landlord (all at no alterations expense or cost to the Office. With Landlord’s written consent), Tenant, at Tenant’s 's sole cost and expense, may make alterationsinstall necessary trade fixtures, installations equipment and improvements (the “Alterations”) to the Office provided they are furniture and may also install or modify non-structural and fixed improvements in naturethe Premises, which do not effect provided that such items installed or modified leave the Services, utilities Premises restorable to its prior condition without structural damage to the Building or other operations fixed tenant improvements. Landlord reserves the right to approve or services disapprove curtains, draperies, shades, paint and other interior improvements visible from outside the Premises on wholly aesthetic grounds. Any fixed improvements by Tenant must be submitted for Landlord's written approval and approved by Landlord prior to installation or Landlord may remove or replace such items and restore the Premises at Tenant's sole expense. Trade fixtures, equipment and furniture installed by Tenant shall remain Tenant's property and shall be removed by Tenant prior to expiration of the Term or earlier termination of this Lease. Tenant's installation or modification of improvements in the Premises shall provide that such improvements are installed and are removable without structural damage to the Building or its tenant improvements. Tenant shall record a Notice of Completion with the County Auditor and also provide a copy of the recorded document to Landlord. Tenant shall, at Tenant's cost, provide Landlord with a set of "as-built" updated drawings for any tenant improvement or modification work which Tenant undertakes. Prior to expiration of the Term or earlier termination of this Lease, Landlord shall, in Landlord's sole discretion, determine whether some or all of Tenant's alterations are to be restored to the prior condition, and whether some or all temporary improvements are to be removed. 0n or before expiration of the Term or earlier termination of this Lease, Landlord shall notify Tenant which of Tenant's alterations and improvements are to remain and which are done by contractors to be removed or restored. Tenant shall, at Tenant's sole expense, remove and sub-contractors approved by restore all remaining improvements to their condition prior to Tenant's alteration, except those improvements which Landlord in every instancehas elected to retain without restoration. Before making Alterations, Tenant Those improvements which Landlord elects to retain shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction become Landlord's property. On expiration of the Premises Term or earlier termination of this Lease, temporary or fixed improvements which Landlord elects to have removed shall remain Tenant's property and shall be removed by Tenant prior to expiration of the Alterations and upon receiving same, Tenant shall deliver duplicate Term or certified copies to Landlord earlier termination of each and every onethis Lease. Tenant shall carry and cause assume the risk of damage 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 any of Tenant's fixtures. Tenant shall deliver evidence of such insurance to Landlord prior to repair, at Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises's sole expense, for work done or claimed to have been done or materials supplied for Tenant or all damage to the OfficePremises and/or Building caused by the installation or removal of Tenant's trade fixtures, equipment, furniture, temporary, or fixed improvements. If Tenant shall pay or cause fails to be paid or file a bond in remove the amount stated in foregoing items and restore the mechanic’s lien within thirty (30) days Premises to its prior condition before termination of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. Howeverthis Lease as required by Landlord, Landlord may relinquish such right keep and use those improvements and materials or remove any of ownership them and cause them to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownershipbe stored or sold in accordance with applicable law, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s 's sole expense.
Appears in 1 contract
Sources: Standard Form Multiple Occupancy Lease (Cost U Less Inc)
Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions, partitions, or other improvements to the OfficePremises without the prior written consent of Landlord. With Landlord’s written consent, 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 other improvements which have been specifically consented to in writing by Landlord, provided that (i) such items do not alter the 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 injury to the Premises, and (iv) the construction, erection or installation thereof complies with all applicable governmental laws, codes, ordinances, regulations, or any other applicable authorities, including, without limitation, the Americans with Disabilities Act of 1990 (the "ADA"), and with Landlord's details, specifications and other 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 of Tenant during the term of this Lease; provided however, at the termination of this Lease, Landlord shall have the option, exercisable in Landlord's sole discretion, to require Tenant either upon request to remove, at Tenant’s 's sole cost and expense, may make all or part of each alterations, installations and improvements (additions, partitions, or other improvements, at which time Tenant shall promptly restore the “Alterations”) Premises to its condition immediately prior to the Office provided they are non-structural in naturecommencement date, which do not effect 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. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the 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 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 keep in place the Officesame at which time such alterations, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost additions, improvements, and expense. Any installation of materials, fixtures and the like partitions shall become the property of Landlord upon such installation Landlord. All shelves, bins, machinery and trade fixtures installed by Tenant shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon on or before the Termination Date. Nothing herein is meant earlier to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession occur of the Officedate of termination of this Lease or vacating the Premises, at which time Tenant shall remove all personal property restore the Premises to their original condition. All alterations, installations, removals and installations restoration shall be performed in a good and workmanlike manner so as not to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished damage or alter the primary structure or structural qualities of the buildings and Tenant shall immediately restore and repair the Office to that condition existing other improvements situated on the Commencement Date. Any and all property Premises or of Tenant remaining in which the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensePremises are a part.
Appears in 1 contract
Sources: Commercial Lease (Integrated Information Systems Inc)
Alterations. Absent Landlord hereby consents to the design and construction of the Tenant Improvements, on the terms and subject to the conditions of EXHIBIT C. Tenant shall not make or permit any Alterations in, on or about the Premises without the prior written consent of Landlord’s written , and according to plans and specifications approved in writing by Landlord, which consent and approval shall not be unreasonably withheld, conditioned or delayed. Landlord, at its sole option, may, however, require as a condition to the granting of any such consent, that Tenant may make no alterations provide to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations a lien and improvements completion bond in an amount equal to one and one‑half (the “Alterations”1½) to the Office provided they are non-structural in nature, which do not effect 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. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by times any and all municipal authorities or other agencies having jurisdiction estimated costs of any intended Alterations to the Premises, to insure Landlord against any liability for mechanics’ and materialmens’ liens and to insure completion of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every onework. Tenant shall carry shall, at its sole cost and cause to be carried by each contractor expense, obtain all necessary permits and sub-contractor, workmen’s compensation, general liability, personal governmental inspections and property damage insurance, approvals required 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 connection with any Alterations. Should a mechanic’s lien All Alterations shall 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing installed at Tenant’s sole expense, in compliance with all Applicable Law, the Rules and Regulations and the CC&Rs, by a licensed contractor reasonably acceptable to Landlord, shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. In the event that any Alteration made by Tenant necessitates the making of other alterations to the interior or exterior of the Building, the Outside Area, any path‑of‑travel or elsewhere within the Project for purposes of complying with Applicable Law, Tenant shall undertake such additional alterations at its sole cost and expenseexpense or shall, at Landlord’s option, reimburse Landlord for the cost and expenses incurred with respect to such additional alterations required for purposes of complying with Applicable Law as a result of Tenant’s Alterations. Any installation of materials, fixtures All Alterations made by Tenant shall be and the like shall become the property of Landlord upon such installation termination of the Term and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become not be deemed Tenant’s and must be removed upon Personal Property; provided, however, that Landlord may, at its option, at the Termination Date. Nothing herein is meant to give time that Landlord any ownership rights in and to grants consent therefor, require that Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expense, prior to the expiration of the Term of this Lease, remove any or all Alterations installed by Tenant and return the Premises to their condition as of the Commencement Date of this Lease, normal wear and tear excepted and subject to the provisions of Paragraph 25. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any work on the Premises at least twenty (20) days prior to the commencement of such work to enable Landlord to post and record an appropriate Notice of Nonresponsibility or other notice deemed proper before the commencement of any such work.
Appears in 1 contract
Alterations. Absent Landlord’s written consentAfter the completion of the initial Tenant Improvements (if any), Tenant may shall not make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make any alterations, installations and additions, substitutions or improvements (the “Alterations”) in or to the Office provided they are non-structural Premises, or make changes to locks on doors, or add, disturb or in natureany way change any plumbing or wiring (“Changes”) without first obtaining the written consent of Landlord, which do not effect and, where applicable, in accordance with plans and specifications reasonably approved by Landlord. As a condition to its approval, Landlord in its sole discretion may require Tenant to remove such Alterations or Changes upon the Services, utilities expiration or other operations or services earlier termination of the Term and any extension period thereof, and to restore the Premises to the condition they were in prior to such Alterations or Changes, including restoring any damage resulting from such removal, all at Tenant’s expense, but excepting reasonable use and which are done by contractors wear and sub-contractors tear. Any Alterations or Changes, but excluding Tenant Improvements, approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates and not required by any and all municipal authorities or other agencies having jurisdiction of the 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, 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 the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Dateexpiration or earlier termination of the Lease shall become a part of the realty and become property of the Landlord upon the expiration or earlier termination of this Lease. Nothing herein is meant Any Alterations or Changes required to give Landlord any ownership rights in and be made to Tenant’s trade fixturesPremises by any amendment to any applicable building, office furniture health, safety, fire, nondiscrimination, or similar law or regulation (“law”), or any new law shall be made at Tenant's sole expense and equipment which can shall be easily movedsubject to the prior written consent of Landlord. Upon Except with respect to the Termination Date and surrender of possession of the Officeinitial Tenant Improvements, Tenant shall remove all personal property reimburse Landlord for any reasonable sums expended for examination and installations 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 which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished 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 Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date doors, shall be deemed abandoned paid for by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expense.
Appears in 1 contract
Sources: Lease Agreement
Alterations. Absent Landlord’s Sublessee shall not make any changes, alterations, additions or improvements to the Sublet Premises without first obtaining the written consentconsent of the Underlying Landlord and Sublessor; provided, Tenant may make no however, that Sublessor's consent shall not be required 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. If Sublessee's alterations are permitted or consented to as aforesaid, Sublessee shall comply with all of the covenants of Sublessor contained in the Underlying Lease pertaining to the performance of such alterations. In addition, Sublessee hereby expressly assumes all responsibility for any and all removal or restoration obligations in connection with Sublessee's alterations, and Sublessee agrees to indemnify, defend and hold Sublessor harmless from any and all loss, cost, and expense (including, without limitation, reasonable attorneys' fees) incurred by Sublessor and arising out of the performance of Sublessee's alterations. Simultaneously with the submission of any documents to the Underlying Landlord relating to alterations to the OfficeSublet Premises, Sublessee shall send copies of all such documents to Sublessor. With Landlord’s written consentSublessee shall pay all costs and expenses relating to any changes, Tenant, at Tenant’s sole cost and expense, may make alterations, installations additions or improvements and improvements (shall cause same to be completed in accordance with law and the “Alterations”) to the Office provided they are non-structural in natureterms, which do not effect the Servicescovenants, utilities or other operations or services conditions, provisions and agreements of the Premises Underlying Lease. Sublessee hereby agrees to indemnify, defend and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by hold Sublessor harmless from any and all municipal authorities loss, cost and expense (including, without limitation, reasonable attorneys fees) incurred by Sublessor as a result of Sublessee's failure to comply with the aforesaid terms, covenants, conditions, provisions or other agencies having jurisdiction agreements. In the event that any of Sublessee's alterations result in the Underlying Landlord charging an administrative fee pursuant to Section 5.6 of the Premises and Underlying Lease, Sublessee shall pay 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 full amount of such insurance fee to Landlord prior to Tenant’s commencing the 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien Sublessor within thirty ten (3010) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender receiving written notice of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expense.
Appears in 1 contract
Alterations. Absent (a) Tenant shall not make or allow any alterations, additions, or improvements to the Premises or any part of the Premises (collectively, "Alterations"), without Landlord’s written 's prior consent, Tenant which shall not be unreasonably withheld. Consent, however, may make be conditioned upon the receipt by, and approval of, Landlord of a set of plans and specifications for the alterations no alterations later than thirty (30) days prior to the Officescheduled construction of the alterations as well as the use by Tenant of a contractor or contractors acceptable to Landlord. With 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 Lease shall immediately become Landlord’s written consent's property and, at the termination or earlier expiration of this Lease, shall remain on the Premises without compensation to Tenant. Tenant agrees upon notice ▇▇▇▇ Landlord to remove, at Tenant’s 's sole cost and expense, may make 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 Tenant prior to the termination or earlier expiration of this Lease. In the event that Landlord requires Tenant to remove any such Alterations, furnishings, fixtures, equipment, or decorative improvements and Tenant fails to cause such removal on or prior to the termination or other earlier expiration of this Lease, such failure shall be 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, installations and improvements (repairs and the “Alterations”) 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 the Office provided they are non-structural in natureexecute and de▇▇▇▇▇ any applications, which do not effect the Servicesconsents, utilities or other operations instruments reasonably required to permit Tenant to do this work or services 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 Premises furnishing of any materials, and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making before any work of any kind or nature is commenced upon the construction of Alterations, Tenant shall obtain all permitswill procure and deliver to Landlord a completion bond and a payment bond, approvalsboth in form and substance satisfactory to Landlord issued by reputable surety corporations or bonding corporations qualified to do business in California, certificates required by any and all municipal authorities guaranteeing or other agencies having jurisdiction otherwise assuring Landlord that the construction of the Alterations will proceed to completion with due diligence, that the reconstruction, when completed, will be fully paid for, and that the Premises and 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 Alterations and upon receiving sameconstruction of the Alterations.
(c) At least ten (10) days before any construction commences or materials are delivered for any alterations that Tenant is making to the Premises, whether or not Landlord's consent is required, Tenant shall deliver duplicate or certified copies give written notice to Landlord of each and every one. Tenant shall carry and cause as to when the construction is to commence or the materials are to be carried by each contractor delivered. Landlord shall then have the right to post and sub-contractor, workmen’s compensation, general liability, personal maintain on the Premises any notices that are required to protect Landlord and property damage insurance, Landlord's interest 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon th▇ ▇▇▇▇▇▇’s surrender es from any liens for work and labor performed or materials furnished in making the alterations; provided, however, that it shall be Tenant's duty to keep the Premises free and clear of sameall liens, claims, and demands for work performed, materials furnished, or operations conducted on the Premises by or on behalf of Tenant. HoweverIn the event that Tenant fails to provide Landlord with the notice required by this Section 11(b), Landlord may relinquish shall have the right to cause the cessation of such construction and shall have the further right to file notices of ownership 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 to stand against the Premises for any labor or material furnished to Tenant or claimed to have been furnished to Tenant or Tenant's agents, contractors, or subtenants, 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 installations by giving Tenant thirty (30) days written notice prior extent that the lien is finally determined to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s be valid and must be removed upon the Termination Dateowing. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession On final determination of the Officelien or claim of lien, Tenant will immediately p▇▇ ▇▇▇ final judgment rendered, with all property costs and charges, and shall remove all personal property and installations to which have the lien released or judgment satisfied at Tenant's sole expense. If ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished 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 Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date amount paid by Landlord shall be deemed abandoned 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 Tenant and law from the date of payment by Landlord may either retain such abandoned property or may remove such abandoned property at until repayment by Tenant’s expense.
Appears in 1 contract
Sources: Office Lease (Regan Holding Corp)
Alterations. Absent Landlord’s written consent, Tenant may Lessee shall make no alterations or other improvements to the Office. With Landlord’s Premises without Lessor's prior written consent. Unless otherwise agreed, Tenant, all such improved alterations and other improvements shall be made by Lessor at Tenant’s Lessee's sole cost expense and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect 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. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord Lessor and be surrendered with the Premises upon the expiration of this Lease. Lessor may, at Lessor's option, require Lessee to remove any or all such installation alterations, improvements, decorations and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership furnishings and repair any damage to the installations Premises resulting from such alterations. In the event that local, state or Federal government by giving Tenant thirty legislative, administrative, or judicial action shall in any legally enforceable manner by ordinance, act, statute, order, mandate, rule, regulation or otherwise require during the Term, any alteration of, or improvement to any portion of the building, determined by Lessor's Independent Accountants to be capital in nature based upon the application of generally accepted accounting practices (30"Mandated Alterations"), then the annual rent per square foot shall be increased as follows:
(i) days written notice prior A portion of the cost of the Mandated Alterations shall be allocated to the Termination Date Lessee based upon the proportion that the number of square feet of rentable area of the Premises bears to the number of square feet of rentable area of the building.
(ii) Lessor's Independent Accountant shall amortize the cost over a period of not less than five (5) years in accordance with generally accepted accounting standards and allocate the annual amortization of the cost to the net rentable area of the building in terms of annual cost per square foot of rentable area (the "Amortized Annual Cost").
(iii) Effective on the first day of the month following notice from Lessor of the computation of he Amortized Annual Cost of the Mandated Alterations, the Base Rent above shall be increased by the Amortized Annual Cost, but not to exceed fifteen cents ($0.15) per square foot multiplied by the rentable area of the Premises. The base monthly rent shall be increased by one twelfth of such relinquishment amount. Notwithstanding the foregoing, Lessee shall not be obligated to contribute to the cost of ownershipany Mandated Alteration unless such Mandated Alteration is the result of an adoption of a new or changed ordinance, in which eventact, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixturesstatute, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Officeorder, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition mandate, rule or regulation or interpretation thereof not existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseJanuary 1, 1994.
Appears in 1 contract
Alterations. Absent LandlordWithout Sublessor’s prior written consent, Tenant may which consent will not be unreasonably withheld, conditioned or delayed, Subtenant shall not make no alterations (a) any repairs, alterations, replacements, other improvements or installations to the Office. With Landlord’s written consentexterior of the Demised Premises or Building A or the foundation, Tenantroof, at Tenant’s sole cost and expenseexterior walls, may make gutters, downspouts, canopy, storefront or any structural parts of the Demised Premises, (b) any interior, non-structural repairs, alterations, installations and or improvements (the “Alterations”) to the Office provided they are non-structural in natureDemised Premises the estimated cost of which exceeds Fifty Thousand Dollars ($50,000.00), which or (c) any repairs, alterations, installations or improvements that would affect any centralized or common utilities or any other tenant’s or occupant’s HVAC system or systems or any Building system serving another tenant. If Sublessor’s approval is required for any alterations or improvements, Subtenant shall submit to Sublessor all plans and specifications for any such repairs, alterations, installations or improvements unless such alterations or improvements do not effect require a building permit, in which case Subtenant shall provide a reasonable description of its intended alterations and improvements. Any repairs, alterations, installations or improvements by Subtenant permitted hereunder shall conform to the Servicesrequirements of, utilities and be subject to the Parent Lease, including, without limitation, obtaining any consents required thereunder. If Sublessor does not approve a proposed alteration, Sublessor shall provide its reasons for disapproval. Subtenant agrees that any repairs, alterations, replacements, other improvements or other operations installations made by Subtenant to or services upon the Demised Premises shall be done in a good and workmanlike manner and in conformity with all laws, ordinances and regulations of all public authorities having jurisdiction, that materials of good quality shall be employed therein, that the structure of the Demised Premises shall not be endangered or impaired thereby. Subtenant shall procure at its sole expense all necessary permits before making any repairs, alterations, improvements or installations. Upon request of Subtenant, Sublessor shall request the cooperation therewith of Parent Landlord. Subtenant shall save Sublessor and which are done by contractors Parent Landlord harmless from, and sub-contractors approved by defend and indemnify Sublessor and Parent Landlord in every instance. Before making Alterationsagainst, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities injury, loss claim or damage to any person or property occasioned by or arising out of the doing of any such work, except to the extent such injury, loss, claim or damage is caused by the negligence or willful misconduct of Sublessor. Subtenant shall permit no mechanic’s, materialmen’s or other agencies having jurisdiction of the 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 mechanic’s lien be filed against the Office and/or PremisesDemised Premises in connection with any materials, for work done labor or equipment furnished, or claimed to have been done furnished, to or materials supplied for Tenant Subtenant, or to anyone claiming under Subtenant, and if any such lien shall be filed against the Office, Tenant Demised Premises Subtenant shall pay or cause the same to be paid or file a bond discharged, provided, however, that Subtenant may contest such lien as long as the enforcement thereof is stayed, but in the amount stated in the mechanic’s any event, Subtenant shall either cause any such lien to be discharged of record within thirty ten (3010) days of said filing at Tenant’s sole cost and expense. Any installation any request of materialsany mortgagee, fixtures and the like shall become the property or of Parent Landlord upon such installation and shall remain or Sublessor or in the Office upon ▇▇▇▇▇▇’s surrender of same. Howeverlieu thereof, Landlord may relinquish such right of ownership if permitted pursuant to the installations by giving Tenant thirty (30) days written notice prior to Parent Lease, while contesting the Termination Date of such relinquishment of ownershipsame as aforesaid, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord deposit with any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession mortgagee or prospective mortgagee of the OfficeDemised Premises, Tenant shall remove all personal property and installations pending such contest, a sum sufficient to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair cover the Office to that condition existing on the Commencement Date. Any amount of said lien and all property of Tenant remaining in the Office after the Termination Date shall interest, penalties and costs that would be deemed abandoned by Tenant and Landlord may either retain payable to discharge such abandoned property or may remove lien if such abandoned property at Tenant’s expenselien were valid.
Appears in 1 contract
Alterations. Absent Landlord’s written consent(a) Subtenant shall not make any alteration, Tenant may make no alterations to the Office. With Landlord’s written consentimprovement, Tenantdecoration, at Tenant’s sole cost and expenseor installation (collectively, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect 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. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the 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 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 OfficeSubleased Premises, Tenant shall pay without in each instance obtaining the prior written consent of Overlandlord and Sublandlord (which consent of Sublandlord may be withheld or cause conditioned on the conditions applicable to be paid or file a bond in Overlandlord’s approval of Alterations under the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, 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 the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished ▇). If any Alterations are made by Subtenant without complying with the terms of the ▇▇▇▇▇▇▇▇▇ and Tenant this Sublease, or without obtaining the prior written consent of Overlandlord and Sublandlord, Overlandlord or Sublandlord may remove same, and may repair and restore the Subleased Premises and any damage arising from such removal, and Subtenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any be liable for any and all property of Tenant remaining costs and expenses incurred by Overlandlord or Sublandlord in the Office after performance of such work. In no event shall Subtenant make any Alterations in or to the Termination Date Subleased Premises if to do so would constitute a default under the ▇▇▇▇▇▇▇▇▇. Notwithstanding anything contained herein to the contrary, Alterations shall not include Subleased Premises Work and Subleased Premises Work shall not have to be removed by Subtenant at the expiration or earlier termination of this Sublease, unless the terms of the ▇▇▇▇▇▇▇▇▇ or Overlandlord’s consent to such Subleased Premises Work require (or permit Overlandlord to require), upon the expiration or earlier termination of the ▇▇▇▇▇▇▇▇▇ or this Sublease, removal of such Subleased Premises Work.
(b) If any Alterations are consented to by Overlandlord and Sublandlord, Subtenant may have such Alterations performed in a good and workerlike manner by contractors and at Subtenant’s sole cost and expense, provided that Subtenant has obtained written approval of the contractor from Overlandlord and Sublandlord. Without limiting any other requirements and conditions which may be imposed by Overlandlord and Sublandlord, such contractor shall be deemed abandoned properly licensed, and have a financial condition, experience and past job performance satisfactory to Overlandlord and Sublandlord each in their sole discretion. The design of and plans for all Alterations undertaken by Tenant Subtenant shall also be subject to prior written approval of Overlandlord and Landlord Sublandlord in accordance with the standards set forth in the ▇▇▇▇▇▇▇▇▇ and any additional reasonable standards of Sublandlord and such Alterations shall not be commenced until such approvals are obtained. If any Alterations are consented to by Overlandlord and Sublandlord, Subtenant shall comply with all applicable provisions of the ▇▇▇▇▇▇▇▇▇ with respect to the performance of such Alterations. With reasonable notice to Subtenant, Overlandlord and Sublandlord shall at all times have the right to inspect the work performed by any contractor selected by Subtenant during normal business hours. In connection with any Alterations, Subtenant shall obtain lien waivers from any contractor or other party entitled to protection under the mechanics’ lien laws of Massachusetts with each payment made by Subtenant to such contractors or third parties and provide copies of the same to Sublandlord. Furthermore, Sublandlord may either retain condition its consent to any Alterations that cost in excess of $100,000 on Subtenant furnishing a ▇▇▇▇ ▇▇▇▇ or other security satisfactory to Sublandlord prior to the commencement of such abandoned property Alterations.
(c) Upon the expiration or may earlier termination of this Sublease, Subtenant shall surrender the Subleased Premises, together with all Alterations and other improvements (including, without limitation, plumbing, lighting, electrical, HVAC, telecommunications, unless Sublandlord otherwise directs), and other items used in the operation of the Subleased Premises), subject only to reasonable wear and tear and to damage, if any, by fire or other casualty. AH Alterations in or upon the Subleased Premises made by Subtenant shall become part of and remain in the Subleased Premises upon such expiration or termination without compensation, allowance or credit to Subtenant; provided, however, that upon the expiration or earlier termination of this Sublease, (i) in the event Subtenant makes Alterations in or to the Subleased Premises in violation of the provisions set forth in this Section 9, or (ii) if the terms of the ▇▇▇▇▇▇▇▇▇ or Overlandlord’s consent to any Alterations or the Subleased Premises Work require (or permit Overlandlord to require and Sublandlord elects to require the removal of such Alterations by notice to Subtenant given in the same manner by which Overlandlord is required to provide notice of such required removal), upon the expiration or earlier termination of the ▇▇▇▇▇▇▇▇▇ or this Sublease, removal of such Alterations, the Subleased Premises Work or any portion(s) thereof, and/or the restoration of the Subleased Premises by reason of the installation or removal of such Alterations, Subleased Premises Work or any portion(s) thereof, Subtenant shall remove said Alterations and/or Subleased Premises Work and thereafter repair all damage resulting from such removal and restore the Subleased Premises to the condition as of the date possession was delivered to Subtenant (or such other condition as required by the ▇▇▇▇▇▇▇▇▇ or Overlandlord’s consent, if applicable). If Subtenant fails or refuses to remove such abandoned property Alterations and/or Subleased Premises Work or fails to repair and restore the Subleased Premises, Overlandlord or Sublandlord may cause the same to be removed, and repairs and restoration to be made, in which event Subtenant shall reimburse to the party who caused said Alterations and/or Subleased Premises Work to be removed and repairs made, the cost of such removal, repairs and restoration, together with any and all damages which Overlandlord or Sublandlord may suffer and sustain by reason of Subtenant’s failure or refusal to remove said Alterations and/or Subleased Premises Work. Subtenant shall surrender to Sublandlord all keys and combinations to locks which Subtenant is permitted to leave. If the Term of this Sublease (or any portion thereof) expires at Tenant’s expenseor about the date of the expiration of the ▇▇▇▇▇▇▇▇▇ (or any portion thereof), and if Sublandlord is required under or pursuant to the terms of the ▇▇▇▇▇▇▇▇▇ to remove any Alterations and/or Subleased Premises Work, Subtenant shall permit Sublandlord to enter the Subleased Premises for a reasonable period of time prior to the expiration of this Sublease for the purpose of removing its Alterations and/or Subleased Premises Work and restoring the Subleased Premises as required. The obligations of Subtenant as provided in this paragraph shall survive the expiration or earlier termination of this Sublease.
Appears in 1 contract
Alterations. Absent 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 or Landlord’s written consent. 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 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, or, at Landlord's option and discretion, 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 trade fixtures as it may make no alterations deem advisable, without altering the basic Landlord: _____ Tenant: _____ character of the 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. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the Office. With Landlord’s written consenttermination or this Lease if Tenant so elects, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (shall be removed by the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities date of termination of this Lease or other operations or services upon earlier vacating of the Premises and which are done if required by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Landlord; upon any such removal Tenant shall obtain all permits, approvals, certificates required by any restore the Premises to their original condition. All such removals and all municipal authorities restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or other agencies having jurisdiction structural quality of the 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, 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 the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseBuilding.
Appears in 1 contract
Alterations. Absent Landlord’s written consent, Tenant may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s its sole cost and expense, may make alterationsalterations 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, installations 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 submit to the Landlord plans and specifications for the alterations and improvements (to be made and shall obtain the “Alterations”) to prior written approval of the Office provided they are non-structural in natureLandlord, which do approval shall not effect 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 instancebe unreasonably withheld. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required the necessary permits for construction. Any alterations made by any Tenant shall be performed in a good and all municipal authorities or other agencies having jurisdiction workmanlike manner and comply with applicable legal requirements. Any alterations shall become part of the Premises premises and subject to this lease. Landlord shall have the Alterations and upon receiving sameright to have its own design professional, contractor, or agent observe the work to be performed at the premises. In addition, Tenant shall deliver duplicate 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 certified copies to Landlord of improvements and without overloading or damaging such building or improvements, and in each case complying with all applicable governmental laws, ordinances, regulations and every oneother requirements. All alterations, additions, improvements and partitions erected by Tenant shall carry be and cause to be carried by each contractor remain the property of Tenant during the term of this lease and sub-contractorsuch alterations, workmen’s compensationadditions, general liabilityimprovements and partitions shall, personal and property damage insuranceat the option of the Landlord, 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty either (30i) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord as of the date of termination of this lease or upon such installation earlier vacating of the premises and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered up to the installations Landlord with the premises, or (ii) shall be promptly removed by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord expiration or any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession earlier termination of the Office, term of this lease (and upon any such removal Tenant shall remove all personal property and installations restore the premises to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Datetheir original condition. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseAll shelves, bins,
Appears in 1 contract
Sources: Lease Agreement
Alterations. Absent (a) Tenant may not make any Alterations without the prior written consent of Landlord’s written consent, which consent shall not be unreasonably withheld, unless the Alteration is "material", in which event Landlord may withhold its consent in its sole discretion. Any Alteration affecting the structure of the Building or the electrical, mechanical or plumbing systems of the Building or requiring penetration of the roof, walls or floor of the Building or the Premises, and any other Alteration which is expected to cost in excess of $30,000, shall be considered a "material" Alteration. Alteration work undertaken by Tenant on the roof of the Building and parking garage is governed by Exhibit D.
(b) If requested by Landlord, Tenant shall provide to Landlord, before commencement of any Alteration or delivery of any materials to be used therefor, complete and final plans and specifications, names and addresses of contractors, copies of contracts, necessary permits and licenses, and an indemnification in such form and amount as may make no alterations be reasonably satisfactory to Landlord or a performance bond executed by a commercial surety reasonably satisfactory to Landlord, in an amount equal to 120% of the Officeestimated cost of the Alterations. With Landlord’s written consentTenant shall pay the cost of all such Alterations, Tenant, at Tenant’s sole and also shall pay Landlord a supervision fee equal to five percent (5%) of the cost and expense, may make alterations, installations and improvements (the “of such Alterations”) to the Office provided they are non-structural in nature, which do fee shall be payable in advance prior to commencement of such Alterations, based on the estimated cost thereof, with an adjustment to be made upon completion of such Alterations based on the actual cost thereof. Upon completion of any Alteration, Tenant shall, if requested by Landlord, furnish Landlord with "as built" plans and specifications, sworn construction cost statements, and full and final waivers of liens and receipted bills covering all labor and materials expended and used in connection with such Alterations. Any Alterations made by Tenant shall comply with all insurance requirements and all laws, ordinances, rules and regulations of all governmental authorities and shall be constructed in a good and workmanlike manner, in accordance with the plans and specifications approved by Landlord, which approval shall not effect be unreasonably withheld, and shall be prosecuted diligently to completion. Tenant shall permit Landlord to inspect construction operations in connection with any Alterations. Landlord's approval of any plans, specifications or working drawings for Alterations shall create no responsibility or liability on the Servicespart of Landlord for their completeness, utilities design sufficiency, or other operations compliance with all laws, rules and regulations of governmental agencies or services authorities. Tenant shall indemnify, defend and hold Landlord harmless from and against any and all claims, losses, damages, liabilities, costs and expenses of any kind and description (including without limitation mechanics' liens and attorneys' fees and legal costs) which may arise out of or be connected in any way with such Alterations; such indemnity shall survive the Premises and which are expiration or termination of this Lease. All Alterations shall be done only by contractors and sub-contractors subcontractors approved by Landlord which approval shall not be unreasonably withheld or delayed, and at such time and in every instancesuch manner as Landlord may from time to time reasonably designate. Before making All Alterations shall be done in such a manner as to avoid labor disputes. Tenant shall pay the cost of repairing any damage caused to the Premises, the Building or the Project in connection with any Alterations. If any Alteration is material, or if otherwise required by Landlord in its reasonable discretion, Tenant shall obtain maintain during construction of any Alterations, a policy of builder's risk insurance in an amount equal to the completed value of all permitsimprovements under construction, approvals, certificates required by any which policy shall be in form and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies substance satisfactory to Landlord of each and every one. Tenant shall carry name Landlord and cause to be carried by each contractor and sub-contractorits Mortgagee as loss payees thereunder, workmen’s compensationas their interests may appear, 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 furnish a certificate thereof to Landlord prior to Tenant’s commencing the such 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 This provision shall not apply to the Officework contemplated in Section 2.02.
(c) All Alterations (other than Non-Removable Alterations) shall, at the election of Landlord, be removed by Tenant at its expense before the expiration of the Term, unless otherwise agreed by Landlord at the time of Landlord's consent to such Alteration. If requested by Tenant at the time of submission of plans and specifications to Landlord for review, Landlord shall designate which Alterations (other than Non-Removable Alterations) Tenant may be required to remove. Notwithstanding the foregoing, Tenant shall pay or cause not be required to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost remove any base building improvements, ceiling and expense. Any installation of materialsabove ceiling improvements, light fixtures, mechanical, electrical, and plumbing systems, fixtures and equipment ("Non-Removable Improvements"). Tenant shall have the like right to and Landlord may require Tenant, at its expense, to remove all improvements other than Non-Removable Improvements, including all computer and telecomununications equipment and related items, rooftop and garage mounted communication systems, emergency power generator, Tenant installed air conditioning system and Tenant's building signs. All Alterations which are not required to be removed pursuant to this subsection (c) shall become remain upon the Premises and be surrendered therewith at the expiration or termination of the Term as the property of Landlord. If Landlord upon such installation and shall remain in requires the Office upon ▇▇▇▇▇▇’s surrender removal of same. Howeverany Alterations (other than Non-Removable Alterations) Tenant shall, Landlord may relinquish such right of ownership at its expense, repair any damage to the installations Premises, the Building or the Project caused by giving Tenant thirty (30) days written notice such removal and restore the Premises, the Building and the Project to their condition prior to the Termination Date construction of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseAlterations.
Appears in 1 contract
Sources: Lease Agreement (Optel Inc)
Alterations. Absent Landlord’s written consentNotwithstanding the provisions of Article 9 of the Master Lease, Tenant may make no alterations any alteration, which requires Master Lessor's approval pursuant to the OfficeMaster Lease, shall not be commenced by Sublessee unless and until such consent is obtained. With Landlord’s written consentAt the time Sublessor and Master Lessor consent to any alteration, Tenantadditions or improvements, Sublessor and Master Lessor shall inform Sublessee in writing whether Sublessee is responsible for the removal of such alterations and improvements at the expiration or earlier termination of the term of this Sublease, provided that Sublessee, in its request for consent to the alteration, addition, or improvement, has expressly requested that Sublessor and Master Lessor specify the nature and extent of any such removal obligation. If such notification is not made, Sublessee shall have no responsibility to remove any such alteration or improvement at the expiration or earlier termination of this Sublease. Any alteration made by Sublessee shall become a part of the Sublease Premises, and at Sublessor's election (and to the extent required, the consent of the Master Lessor), shall be surrendered to Sublessor at the end of the Sublease term. Any alteration made by Sublessee shall, at Tenant’s Sublessor's election become Sublessor's property throughout the Sublease term except for any specialized improvements installed by Sublessee (which improvements shall be part of Sublessee's Equipment and Alterations, as defined in Exhibit B-2), which improvements shall remain the property of Sublessee and which improvements shall be . removed by Sublessee at the expiration or earlier termination hereof. In the event Sublessor is (or becomes) obligated under the Master Lease to remove any of Sublessee's alterations, Sublessee shall be obligated to remove same at Sublessee's sole cost and expense and to restore the Sublease Premises to its condition prior to the alteration but only to the extent required by Sublessor or Master Lessor in their written consent to any such alteration. In the event that Sublessee removes any items it is permitted to remove under Exhibit B-2, Sublessee, subject to the provisions of the second sentence of this section 8, at its sole cost and expense, may make alterations, installations and improvements (shall restore the “Alterations”) Sublease Premises to the Office provided they are non-structural in nature, which do not effect 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. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the 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 its condition prior to Tenant’s commencing the 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, 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 the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensealteration.
Appears in 1 contract
Alterations. Absent Tenant agrees that Tenant will 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’s written consent, which consent will not be unreasonably withheld. 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 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, or, at Landlord's option and discretion, 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 trade fixtures as Tenant may make no alterations deem advisable, without altering the basic character of the 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. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the Office. With Landlord’s written consenttermination of this Lease if Tenant so elect, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (shall be removed by the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities date of termination of this Lease or other operations or services upon earlier vacating of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates if required by Landlord; upon any such removal Tenant agrees to restore the Premises to their original condition. All such removals and all municipal authorities restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or other agencies having jurisdiction structural quality of the 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, 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 the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseBuilding.
Appears in 1 contract
Alterations. Absent Landlord’s written consent, Tenant may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural nonstructural in nature, which do not effect 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. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, 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 the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇Landlord’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expense
Appears in 1 contract
Sources: Office Lease (Cannabis Global, Inc.)
Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the OfficePremises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord, such conduct not to be unreasonably withheld. With Tenant may, without the consent of Landlord’s written consent, Tenant, but at Tenant’s sole its own cost and expenseexpense and in a good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may make 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 additional 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, installations additional, improvements and improvements (partitions erected by Tenant and restore the “Alterations”) Premises to their original condition, reasonable wear and tear excluded, by the Office provided they are non-structural in nature, which do not effect the Services, utilities date of termination of this Lease or other operations or services upon earlier vacating of the Premises Premises; provided, improvements and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like partitions shall become the property of Landlord as of the date of termination of this Lease or upon such installation earlier vacating of the Premises and shall remain in the Office be delivered upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by giving Tenant thirty (30) days written notice may be removed by Tenant prior to the Termination Date termination of such relinquishment of ownershipthis Lease if Tenant so elects, in which event, they and shall become Tenant’s and must be removed by the date of termination of this Lease or upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession earlier vacating of the Office, Premises if required by Landlord; upon any such removal Tenant shall remove all personal property restore the Premises to their original condition, reasonable wear and installations tear excluded. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished damage the primary structure or structural qualities of the buildings and Tenant shall immediately restore and repair the Office to that condition existing other improvements situated on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensePremises.
Appears in 1 contract
Sources: Lease Agreement (Bway Corp)
Alterations. Absent Landlord’s Lessee shall not make any alterations without the prior written consentconsent of Lessor, Tenant may make no alterations said consent not to the Officebe unreasonably withheld or delayed. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make All alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural in natureadditions, which do not effect the Servicesfixtures, utilities or other operations or services improvements, *****Confidential portions of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the 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 mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to material have been done or materials supplied for Tenant or to omitted and filed separately with the Office, Tenant Securities and Exchange Commission. and partitions erected by Lessee shall pay or cause to be paid or file a bond in and remain the amount stated in property of lessee during the mechanic’s lien within thirty (30) days term of said filing at Tenant’s sole cost this Lease and expense. Any installation of materials, fixtures and the like shall become the property of Landlord Lessor as of the date of termination of this Lease, or upon such installation 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 remain be removed by the date of termination of the Lease or upon earlier vacating of the Premises if required by Lessor. For purposes of this Paragraph, 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 Office upon 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 ▇▇▇▇▇▇’s surrender of same. However▇ like manner so as not to damage the primary structure, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession roof or structural qualities of the Officebuilding and other improvements within which the Premises are situated. In no event shall Lessor be required to (i) compensate Lessee for alterations, Tenant shall remove all personal property additions, improvements or partitions erected by Lessee on or within the Premises, or (ii) compensate Lessee for shelves, bins, equipment and installations 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. Prior to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair commencing any work or installing any equipment in excess of ***** in, on or about the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property Premises, Building or may remove such abandoned property at Tenant’s expenseProperty, Lessee shall:
Appears in 1 contract
Alterations. Absent Landlord’s written consentAll alterations, Tenant may make no alterations to the Office. With Landlord’s written consentadditions and improvements, except trade fixtures, installed at expense of Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect 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. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in upon and be surrendered with the Office upon ▇▇▇▇▇▇’s surrender leased premises as a part of samethereof on the termination of this lease. HoweverSuch alterations, Landlord additions, and improvements may relinquish such right only be made with the prior written consent of ownership Landlord, which consent shall not be unreasonably withheld. If consent is granted for the making of improvements or alterations to the installations leased premises, 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, in connection with the making of such improvements or alterations. No cooling tower, equipment, or structure of any kind shall be placed on the roof or elsewhere on the leased premises by giving Tenant thirty (30) days without prior written notice prior 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 roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily, so that repairs to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which roof can be easily movedmade, 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 the Termination Date and surrender termination of possession of the Officethis lease, Tenant shall remove all personal property and installations or cause to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and be removed from the roof any such cooling tower, equipment or structure if directed to do so by Landlord. Tenant shall immediately restore promptly repair at its expense any damages resulting from such removal. At the termination of this lease, Tenant shall deliver the leased premises in good order and repair the Office to that condition existing on the Commencement Datecondition, natural deterioration only excepted. Any and all property damage caused by the installation or removal of Tenant remaining in the Office after the Termination Date trade fixtures shall be deemed abandoned repaired at Tenant's expense prior to the expiration of the lease term. All alterations, improvements, additions, and repairs made by Tenant shall be made in good and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseworkmanlike manner.
Appears in 1 contract
Sources: Commercial Lease (Allquest Com Corp)
Alterations. Absent Landlord’s written consent, Tenant may shall not make no any alterations or improvements to the Office. With Premises (including but not limited to roof and wall penetrations) without prior written consent of Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Servicesconsent may be granted or denied in Landlord's sole discretion, utilities or other operations or services of the Premises and which are done then only by contractors and sub-contractors in such manner and with such materials as may be approved by Landlord in every instanceLandlord's sole discretion. Before making AlterationsNotwithstanding the foregoing, Tenant shall obtain all permitsmay, approvalswithout the consent of Landlord, certificates required by any but at its own cost and all municipal authorities or other agencies having jurisdiction 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 Premises Building and without overloading or damaging the Alterations Building and upon receiving samein each case complying 9 with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall deliver duplicate or certified copies to Landlord be and remain the property 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 during the term of this Lease and Tenant shall deliver evidence 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 Termination Date or upon earlier vacating of such insurance to the Premises; provided however, that if Landlord so elects prior to Tenant’s commencing termination of this Lease or upon earlier vacating of the 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 Officesuch alterations, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost additions, improvements and expense. Any installation of materials, fixtures and the like partitions shall become the property of Landlord as of the Termination Date or upon such installation earlier vacating of the Premises and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered up to the installations Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by giving Tenant thirty (30) days written notice may be removed by Tenant prior to the Termination Date of such relinquishment of ownershipif Tenant so elects, in which event, they and shall become Tenant’s and must be removed by the Termination 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. All such removals and restoration shall be accomplished in good workmanlike manner so as not to damage the Building. Any such shelves, bins, machinery and trade fixtures or other property of Tenant which shall remain in the Premises after the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon may, at the Termination Date and surrender option of possession of the OfficeLandlord, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned to have been abandoned, and in such case such items may be retained by Tenant Landlord, without accountability and in such manner as Landlord may either retain such abandoned property or may remove such abandoned property shall determine, at Tenant’s expense's expense including all costs of selling, disposing, removing and storing such property.
Appears in 1 contract
Sources: Lease (Ecc International Corp)
Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the OfficePremises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord, which consent shall not be unreasonably withheld. With Landlord’s written consentIn 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 '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 good workmanlike manner erect such shelves, bins, machinery and trade fixtures as it may make 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, installations 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 “Alterations”) Premises to their original condition by the Office provided they are non-structural in nature, which do not effect the Services, utilities date of termination of this lease or other operations or services upon earlier vacating of the Premises and which are done by contractors and sub-contractors approved by Premises; provided, however, that if Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities so elects prior to termination of this lease or other agencies having jurisdiction upon earlier vacating of the 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 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 Officesuch alterations, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost additions, improvements and expense. Any installation of materials, fixtures and the like partitions shall become the property of Landlord as of the date of termination of this lease or upon such installation earlier vacating of the Premises and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered up to the installations Landlord with the Premises. Notwithstanding the foregoing sentence, all shelves, bins, machinery and trade fixtures installed by giving Tenant thirty (30) days written notice may be removed by Tenant prior to the Termination Date termination of such relinquishment of ownershipthis lease if Tenant so elects, in which event, they and shall become Tenant’s and must be removed by the date of termination of this lease or upon earlier vacating of the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily movedPremises if required by Landlord. Upon any such removal Tenant shall restore the Termination Date Premises to their original condition (normal wear and surrender of possession 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 Office, Tenant shall remove all personal property building and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing other improvements situated on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensePremises.
Appears in 1 contract
Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the Officepremises (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. With Tenant may, without the consent of Landlord’s written consent, Tenant, but at Tenant’s sole its own cost and expenseexpense and in a good workmanlike manner, erect such shelves, bins, machinery and other trade fixtures as it may make 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, installations 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 “Alterations”) premises to their original condition by the Office provided they are non-structural in nature, which do not effect the Services, utilities date of termination of this lease or other operations or services upon earlier vacating of the Premises premises; provided, however, that if at such time Landlord so elects such alterations, additions, improvements and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like partitions shall become the property of Landlord as of the date of termination of this lease or upon such installation earlier vacating of the premises, and title shall remain in the Office upon pass to Landlord under this lease as by a ▇▇▇▇▇▇’s surrender ▇ of samesale. HoweverAll shelves, Landlord bins, machinery and trade fixtures installed by Tenant may relinquish such right of ownership to the installations be removed by giving Tenant thirty (30) days written notice prior to the Termination Date 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 it required by Landlord; upon any such relinquishment 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 ownershipthe buildings and other improvements within which the premises are situated. If Landlord shall, in which eventits sole discretion, they shall become consent to any alterations, additions or improvements proposed by Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove 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, waivers of lien, surety company performance bonds and personal property and installations guaranties of individuals of substance) as Landlord shall require to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and protect Landlord may either retain such abandoned property against any loss from any mechanics', laborers' or may remove such abandoned property at Tenant’s expensematerialmen's liens, or other liens.
Appears in 1 contract
Alterations. Absent Landlord’s written consent, Tenant may shall not make no or permit any other person to make any alterations to said demised premises without the Officewritten consent of Landlord first had and obtained. With Landlord’s written consent, Should Landlord consent to the making of any alterations to said demised premises by Tenant, the alterations shall be made at Tenant’s the sole cost and expense, may make 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, installations additions, or improvements shall be made by licensed contractors in a workmanlike manner to all building codes in force and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect 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. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the 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 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 Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation During the Term of materials, fixtures this Lease 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 the installations by giving Tenant thirty (30) days written notice any fixturing period prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession commencement of the OfficeLease Term, if required by Landlord, Tenant shall remove all personal property and installations also provide security for the completion thereof in the form of a bond or other security satisfactory to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Landlord. Tenant shall immediately restore pay and repair settle all expenses and liabilities arising out of or in any way connected with any and all construction, repairs, alterations or maintenance of the Office 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 that condition existing 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, inventory and equipment on the Commencement Datedemised 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 “Personalty”)) placed by it or by any subtenant on the demised premises, provided however, Tenant shall repair all damages caused by any such removal (except for small holes caused by nails, fasteners and the like). Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned Personalty not so removed by Tenant prior to termination of this Lease or any extension thereof, shall become at once a part of the realty and belong to the Landlord may either retain such abandoned property or may remove such abandoned property at without compensation to Tenant’s expense.
Appears in 1 contract
Sources: Lease (Bank of Commerce Holdings)