Common use of Alterations Clause in Contracts

Alterations. Tenant shall not make additions, alterations, changes or improvements in or to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. In the event that Landlord consents to such additions, alterations, changes or improvements, then all additions, alterations, changes or improvements shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, at Tenant’s sole cost and expense, to remove any such additions, alterations, changes or improvements at the expiration or sooner termination of this Lease, and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereof.

Appears in 2 contracts

Sources: Lease Agreement (EverBank Financial Corp), Lease Agreement (EverBank Financial Corp)

Alterations. Tenant shall not (a) Not to make additions, alterations, changes any structural alterations to the Demised Premises or improvements in the Building. (b) Not to make any alterations or additions to the Landlord’s fixtures or to any structural components or the exterior of the Leased Premises Conduits without obtaining the prior written consent of the Landlord (such consent not to be unreasonably withheld or delayed) PROVIDED THAT any proposed alterations to the plans and specifications submitted to the Landlord for approval (and, for the avoidance of doubt, the plans and specifications detailing the final package of works) must be provided to the Landlord in a format that can be incorporated into the Landlord’s that can be incorporated into the Landlord’s existing 3D BIM model of the Building in IFC and/or other native proprietary format provided always that the Landlord grants a licence to the Tenant for the Tenant to use such BIM model of the Building . (c) Not to make any alterations or additions or to carry out any works which would reduce the value of LEED rating for the Leased Building and the Demised Premises without the prior written consent of the Landlord (not to be unreasonably withheld or delayed) and, notwithstanding anything herein contained, the Landlord shall be entitled to (and the Tenant acknowledges that it is entirely reasonable for the Landlord to) require that in the event of any alterations or additions or the carrying out of any works which reduce the LEED rating for the Demised Premises or the Building that prior to the expiration or determination of the Lease, the Tenant shall carry out reinstatement works as are necessary to achieve the LEED rating. For the avoidance of doubt, the Tenant acknowledges that it shall be reasonable for the Landlord to refuse its consent to works that would reduce the LEED rating for the Building and the Demised Premises. (d) Not to make any alterations or do or permit to be done to anything that would cause the Landlord’s insurance policy in respect of and covering the Building to become void or voidable wholly or in part or do anything which would invalidate or prejudice in any way the rights of the insured under the said policy to claim fully under the said policy. In carrying out any works or making alterations or doing anything in the Demised Premises or the Building to comply with and observe and perform all of the requirements of the Landlord’s insurance policy and to comply with any reasonable requirements of the Landlord and any requirements of the insurers relating to the said policy of insurance (including providing plans and specifications, co-operating with any inspections, appointing any professionals, providing any certifications or permitting any opening of work or any inspections) to ensure that the insurance cover for the Building is not in any way prejudiced. (e) The Landlord may, as a condition of giving any such consent, require the Tenant to enter into such covenants as the Landlord shall require (acting reasonably) regarding the execution of any such works and the reinstatement of the Demised Premises at the expiry or sooner determination of the Term; (f) Not to make any alterations and additions of a non-structural nature to the Demised Premises without obtaining the prior written consent of the Landlord which consent shall not be unreasonably withheld. In the event that Landlord consents to such additions, alterations, changes withheld or improvements, then all additions, alterations, changes or improvements delayed but which consent shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, at Tenant’s sole cost and expense, to remove any such additions, alterations, changes or improvements at the expiration or sooner termination of this Lease, and to repair any damages subject to the Leased Premises caused by such removal provided Tenant discharging the reasonable vouched costs of the Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations properly incurred by Tenant or at the direction of Tenant in connection with the Leased Premisesfurnishing of their consent PROVIDED THAT the Tenant may, without the need for Landlord's prior written consent, install or procure internal non-structural partitions not requiring planning permission or a new or revised fire safety or disability access certificate including the installation of, rearranging of or the removal of internal demountable partitions and agrees to obtain the discharge of any lien which attaches as a result of related works PROVIDED FURTHER THAT all such work immediately after shall not involve connections being made to any plant or equipment in the Building or any material alterations to any plant or equipment in the Building and such lien attaches works do not breach the provisions of Clauses 4.18(b), 4.18(c), 4.18(d) and provided that the Tenant provides details thereof to the Landlord prior to carrying out same and removes same upon the expiration or payment for determination of the labor Term (unless notified in writing by the Landlord or material is dueagreed otherwise with the Landlord) AND PROVIDED FURTHER THAT such works shall not require any statutory consents (and in this regard the Tenant shall furnish a certificate of exemption if so requested by the Landlord). Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Where Landlord’s interest consent is required in relation to any alterations or additions, the Leased PremisesTenant shall be required to submit with its documents for approval, Property updated digital information regarding such alterations or Park additions compatible with the Landlord’s existing BIM model and in accordance with the Landlord’s Employers Information Requirements attached as a result thereofSchedule 13 (“EIR”). The EIR are in compliance with the standards set out in BS1192 parts 1-4 and require information to be delivered to BIM Level 2 (as defined in PAS1192-2).

Appears in 2 contracts

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

Alterations. Tenant shall not make additions, alterations, changes or improvements alterations and additions to Tenant's space except in or to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises without the prior written consent of accordance with plans and specifications therefor first approved by Landlord, which consent approval shall not be unreasonably withheld. In However, Landlord's determination of matters relating to aesthetic issues relating to alterations, additions or improvements which are visible outside the event 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 Landlord consents 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, changes or improvementsother 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 remain in the Premises. All of Tenant's alterations and additions and installation of furnishings shall be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not to damage the Buildings or Site or interfere with construction or operation of the Buildings and other improvements to the Site and, then except for installation of furnishings, shall be performed by Landlord's general contractor or by contractors or workers first approved by Landlord. Except for work by Landlord's general contractor, Tenant, before its work is started, shall secure all additionslicenses 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. 3.6.1 Notwithstanding the terms of Section 3.6, Tenant shall have the right, without obtaining the prior consent of Landlord, to make alterations, changes additions or improvements to the Premises where: (i) the same are within the interior of the Premises within the Building, and do not affect the exterior of the Premises and the Building (including no - 27 - signs on the 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 fire protection systems of the Building; (iii) the cost of any individual alteration, addition, or improvement shall be constructed at Tenant’s sole expense not exceed $2,500.00 and shallthe aggregate cost of said alterations, upon completion thereofadditions or improvements made by Tenant during the Lease Term shall not exceed $10,000.00 in cost; and (iv) Tenant shall comply with the provisions of this Lease and if such work increases the cost of insurance or taxes or of services, become the property of LandlordTenant shall pay for any such increase in cost; provided, however, that Tenant shall, within fifteen (15) days after the making of such changes, send to Landlord mayplans and specifications describing the same in reasonable detail and provided further that Landlord, by notice to Tenant given at least twenty (20) days prior to the expiration or earlier termination of the Lease Term, may require Tenant to restore the Premises to its optioncondition prior to such alteration, require Tenant, at Tenant’s sole cost and expense, to remove any such additions, alterations, changes addition or improvements improvement at the expiration or sooner earlier termination of this Lease, and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereofLease Term.

Appears in 2 contracts

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

Alterations. Tenant Notwithstanding the provisions of Section 6.1 of the Master Lease, Subtenant shall not make additions, alterations, changes or perform any Alterations or improvements in or to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Sublease Premises without the Sublandlord’s and Landlord’s prior written consent. Sublandlord’s consent of Landlord, which consent to any other proposed Alterations or improvements by Subtenant to the Sublease Premises shall not be unreasonably withheldwithheld or delayed, but it shall not be considered unreasonable for Sublandlord to withhold its consent even if Landlord has given its consent pursuant to the terms of the Master Lease. In the event that Landlord consents Landlord’s consent to such additions, alterations, changes or improvements, then all additions, alterations, changes or Subtenant’s Alterations and improvements shall be constructed at Tenant’s sole expense governed by the terms and shallconditions set forth in the Master Lease. Any such Alterations and improvements must be performed in accordance with the terms of the Master Lease, upon completion including Article 6 thereof, become and in such manner as may be required to avoid causing or contributing to any labor disturbance, in accordance with plans and specifications as are approved in advance by Sublandlord, and subject to such other reasonable conditions as Sublandlord may impose thereon, including but not limited to: restricting the property manner in which the work is to be performed so as to minimize any annoyance to or interference with the rights and operations of Landlordany other tenants or occupants of the Building; providedrequiring Subtenant to provide builder’s risk, however, protective liability or other insurance; requiring a security deposit or additional security deposit from Subtenant; or requiring Subtenant to provide to Landlord mayand Sublandlord, at its option, require Tenant, at TenantSubtenant’s sole cost and expense, lien and completion bonds to remove ensure Landlord and Sublandlord against any such additions, alterations, changes liability for or damage or loss from liens and to ensure completion of the work. The person selected by Subtenant to make any Alterations or improvements at must be a reputable, duly licensed contractor and must first be approved in writing by Landlord and Sublandlord. If any work outside the expiration or sooner termination of this Lease, and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Sublease Premises, Property and Park free from all mechanics’ liens and other such liens arising from or any work performed, material furnished, on or obligations incurred by Tenant or at the direction of Tenant adjustment to any Building Systems is required in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches or as a result of Subtenant’s work, such additional work immediately after such lien attaches shall be performed at Subtenant’s expense by contractors designated by Sublandlord. Sublandlord’s right to review and approve (or payment for withhold approval of) Subtenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Subtenant is intended solely to protect Sublandlord, the labor Building and Sublandlord’s interests. No approval or material is due. Notice is hereby given consent by Sublandlord shall be deemed or construed to all Tenant’s contractorsbe a representation or warranty by Sublandlord as to the adequacy, subcontractorssufficiency, materialmen fitness or suppliers that Landlord is not liable for any labor suitability thereof or materials furnished to Tenant on credit and no mechanics’ compliance thereof with applicable laws or other liens requirements. Subtenant shall attach deliver the Sublease Premises to Sublandlord on the Sublease Expiration Date or affect Landlord’s interest earlier termination of the Sublease in the Leased Premisescondition required by the Master Lease and, Property notwithstanding any of the provisions of Article 6 of the Master Lease to the contrary, shall remove at Subtenant’s sole cost and expense any and all Alterations or Park as a result thereofother improvements made by Subtenant, if requested to do so by Sublandlord, and repair any damage caused by such removal. Any of Subtenant’s personal property not removed on or before the Sublease Expiration Date or earlier termination of this Sublease, shall, at the sole option of Sublandlord, automatically become the property of Sublandlord upon the Sublease Expiration Date or earlier termination of this Sublease, and thereafter Sublandlord may retain or dispose of in any manner the personal property not so removed without any liability whatsoever to Subtenant.

Appears in 2 contracts

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

Alterations. Tenant shall not make additions, or suffer or allow to be made any alterations, changes additions or improvements in or to any structural components the Premises (collectively, “Alterations”) without first obtaining Landlord’s written consent based on detailed plans and specifications submitted by Tenant; provided Landlord’s consent will not be required if (a) the proposed Alterations will not affect the structure or the exterior mechanical, electrical, HVAC, plumbing or life safety systems of the Leased Premises or which reduce Building and (b) the value of total cost to acquire and install the Leased Premises without proposed Alterations will be no more than (i) $15,000.00 in any one instance and (ii) $25,000.00 in the prior written consent of Landlord, which consent shall not be unreasonably withheldaggregate during any calendar year. In all other instances where Landlord’s consent is so required, it may be granted or withheld by Landlord in its sole and absolute discretion. In all events, Tenant shall notify Landlord prior to commencing Alterations other than de minimis Alterations, and Landlord shall have the event right, at Landlord’s election, to supervise the Alterations work. Tenant agrees that Landlord consents to all such additions, alterations, changes or improvements, then all additions, alterations, changes or improvements work (regardless of whether Landlord’s consent is required) shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, done at Tenant’s sole cost and expense, to remove any such additionsin accordance with the plans and specifications approved by Landlord and in a good and workmanlike manner, alterations, changes or improvements at that the expiration or sooner termination structural integrity of this Leasethe Building shall not be impaired, and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to all or affect any part of the Premises, the Building, or the Property by reason thereof. In addition to the foregoing, Tenant agrees to pay to Landlord, as Additional Rent, Landlord’s interest reasonable costs and expenses paid or incurred in connection with Landlord’s review of plans and specifications and Landlord’s project supervision relating to Tenant’s design and installation of Alterations at the Leased Premises. Tenant shall obtain, Property or Park as a result thereofat its sole expense, all permits required for such work.

Appears in 2 contracts

Sources: Short Form Industrial Building Lease, Industrial Building Lease (Birks Group Inc.)

Alterations. Tenant shall not make additions, alterations, changes or improvements alterations and additions to Tenant’s Premises except in or to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises without the prior written consent of accordance with plans and specifications therefor first approved by Landlord, which consent approval shall not be unreasonably withheld. In However, Landlord’s determination of matters relating to aesthetic issues relating to alterations, additions or improvements which are visible outside the event Premises shall be in Landlord’s sole discretion. Without limiting such standard Landlord shall not be deemed unreasonable for withholding approval of any alterations or additions (including, without limitation, any alterations or additions to be performed by Tenant under Article III) which (a) in Landlord’s opinion might adversely affect any structural or exterior element of the Building, any area or element outside of the Premises, or any facility or base building mechanical system serving any area of the Building outside of the Premises, or (b) involve or affect the exterior design, size, height, or other exterior dimensions of the Building or (c) will require unusual expense to readapt the Premises to normal office use on Lease termination or expiration or 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 Landlord consents such readaptation will be made prior to such additionstermination or expiration without expense to Landlord, alterations(d) enlarge the Rentable Floor Area of the Premises, changes or improvements(e) are inconsistent, then all additionsin Landlord’s judgment, alterationswith 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, changes or improvements shall be constructed at specifications and work conform with applicable Legal Requirements and requirements of insurers of the Building and the other requirements of this Lease with respect to Tenant’s sole expense and shall, upon completion thereof, become the property insurance obligations (herein called “Insurance Requirements”) nor deemed a waiver of Landlord; provided, however, Landlord may, at its option, require Tenant, at Tenant’s sole cost obligations under this Lease with respect to applicable Legal Requirements and expenseInsurance Requirements nor impose any liability or obligation upon Landlord with respect to the completeness, design sufficiency or compliance of such plans, specifications and work with applicable Legal Requirements and Insurance Requirements nor give right to remove any such additionsother parties. Further, alterations, changes or improvements at the expiration or sooner termination of this LeaseTenant acknowledges that Tenant is acting for its own benefit and account, and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed that Tenant of such requirement at the time of shall not be acting as Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep agent in performing any work in the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performedaccordingly, material furnishedno contractor, subcontractor or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees supplier shall have a right to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased PremisesProperty in connection with any work. Within thirty (30) days after receipt of an invoice from Landlord, Property Tenant shall pay to Landlord as a fee for Landlord’s review of any work or Park plans (excluding any review respecting initial improvements performed pursuant to Article III hereof for which a fee has previously been paid but not including any review of plans or work relating to any assignment or subletting), as Additional Rent, an amount equal to the sum of (i) $150.00 per hour, plus (ii) third party expenses incurred by Landlord to review Tenant’s plans and Tenant’s work. Except for any additions or alterations which Tenant requests to remain in the Premises in Tenant’s notice seeking Landlord’s consent for the installation thereof (which notice shall specifically refer to this Section 5.12) and for which Landlord specifically agrees in writing may remain, all alterations and additions shall be part of the Building unless and until Landlord shall specify the same for removal pursuant to Section 5.2. All of Tenant’s alterations and additions and installation of furnishings shall be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not to damage the Buildings or Site or interfere with construction or operation of the Buildings and other improvements to the Site and, except for installation of furnishings, shall be performed by Landlord’s general contractor or by contractors or workers first approved by Landlord. Except for work by Landlord’s general contractor, Tenant, before its work is started, shall secure all licenses and permits necessary therefor; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and material to be furnished by them and security satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such labor and material; and cause each contractor to carry insurance in accordance with Section 8.14 herein and to deliver to Landlord certificates of all such insurance. Tenant shall also prepare and submit to Landlord a set of as-built plans, in both print and electronic forms, showing such work performed by Tenant to the Premises promptly after any such alterations, improvements or installations are substantially complete and promptly after any wiring or cabling for Tenant’s computer, telephone and other communications systems is installed by Tenant or Tenant’s contractor. Without limiting any of Tenant’s obligations hereunder, Tenant shall be responsible, as Additional Rent, for the costs of any alterations, additions or improvements in or to the Building that are required in order to comply with Legal Requirements as a result thereofof any work performed by Tenant. Landlord shall have the right to provide such rules and regulations relative to the performance of any alterations, additions, improvements and installations by Tenant hereunder and Tenant shall abide by all such reasonable rules and regulations and shall cause all of its contractors to so abide including, without limitation, payment for the costs of using Building services. Tenant agrees to pay promptly when due the entire cost of any work done on the Premises by Tenant, 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. Tenant acknowledges and agrees that Landlord shall be the owner of any additions, alterations and improvements in the Premises or the Building to the extent paid for by Landlord. Notwithstanding the terms of this Section 5.12, Tenant shall have the right, without obtaining the prior consent of Landlord but upon prior notice to Landlord, to make alterations, additions or improvements to the Premises where: (i) the same are within the interior of the Premises within the Building, and do not affect the exterior of the Premises and the Building (including no signs on windows); (ii) the same do not affect the roof, any structural element of the Building, the mechanical, electrical, plumbing, heating, ventilating, air-conditioning and fire protection systems of the Building; (iii) the cost of any individual alteration, addition or improvement shall not exceed $30,000.00 and the aggregate cost of said alterations, additions or improvements made by Tenant during the Lease Term shall not exceed $120,000.00 in cost; (iv) Tenant shall comply with the provisions of this Lease and if such work increases the cost of insurance or taxes or of services, Tenant shall pay for any such increase in cost; and provided, however, that Tenant shall, within fifteen (15) days after the making of such changes, send to Landlord plans and specifications describing the same in reasonable detail and provided further that Landlord, by notice to Tenant given at least thirty (30) days prior to the expiration or earlier termination of the Lease Term, may require Tenant to restore the Premises to its condition prior to such alteration, addition or improvement at the expiration or earlier termination of the Lease Term.

Appears in 2 contracts

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

Alterations. Tenant shall not make additionsany alteration, alterationsaddition or ----------- improvement in, changes to or improvements in or to any structural components or upon the exterior of the Leased Premises or which reduce the value of the Leased Premises ("Alteration") without the prior written consent of LandlordLandlord in each instance, which consent shall not be unreasonably withheldwithheld with respect to proposed Alterations which (i) are not structural in nature, (ii) do not affect the Base Building Components, (iii) are, in Landlord's opinion, compatible with the Building and the balance of the Real Property and the Building's mechanical, plumbing, electrical, heating/ventilation/air conditioning, communication, security and fire and other life safety systems (collectively, the "Building Systems"), and (iv) in Landlord's opinion will not interfere with the use and occupancy of any other portion of the Building or the Real Property by any other tenant or permitted occupant thereof. In the event that Tenant shall give Landlord consents not less than ten (10) days' prior written notice of any Alteration Tenant desires to such additions, alterations, changes or improvements, then all additions, alterations, changes or improvements make. Any Alterations as to which Landlord shall consent shall be constructed at Tenant’s sole expense and shallmade only by contractors approved in advance, upon completion thereofin writing by Landlord, become the property of Landlordwhich approval shall not be unreasonably withheld; provided, however, that Landlord may, in its sole discretion, specify the engineers and contractors to perform any work relating to or affecting the Building Systems or the Base Building Components. Tenant shall comply with all Legal Requirements applicable to each Alteration and shall deliver to Landlord a complete set of "as built" plans and specifications for each Alteration. Any work to the balance of the Building or Real Property related to or affected or triggered by Tenant's Alterations shall be performed by Tenant at its option, require Tenant's expense (or, at Landlord's election, Landlord may perform such work at Tenant’s sole cost and 's expense, to remove any such additions, alterations, changes or improvements at the expiration or sooner termination of this Lease, and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval). Tenant hereby agrees shall be solely responsible for maintenance and repair of all Alterations made by Tenant. Tenant shall pay Landlord on demand (whether prior to indemnify or during the course of construction) an amount (the "Alteration Fee") equal to five percent (5%) of the total cost of each Alteration (and defend for purposes of calculating the Alteration Fee, such cost shall include architectural and engineering fees, but shall not include permit fees) as compensation to Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations for miscellaneous costs incurred by Tenant or at the direction of Tenant Landlord in connection with the Leased PremisesAlteration. In addition, ▇▇▇▇▇▇ shall reimburse Landlord for all third party fees paid by Landlord in connection with reviewing the proposed Alterations (whether or not the proposed Alterations are ultimately approved by Landlord or made by ▇▇▇▇▇▇), including, without limitation, ▇▇▇▇▇▇▇▇'s architectural and engineering fees. All Alterations shall be performed diligently and in a first-class workmanlike manner and in accordance with plans and specifications approved by Landlord, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment shall comply with Landlord's construction procedures and requirements for the labor or material is due. Notice is hereby given Building (including Landlord's reasonable requirements relating to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit insurance and no mechanics’ or other liens shall attach to or affect Landlord’s interest in contractor qualifications and scheduling of the Leased Premises, Property or Park as a result thereofwork).

Appears in 2 contracts

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

Alterations. Tenant shall not make additionsno alterations, alterationsinstallations, changes or improvements additions in or to any structural components the Premises or the exterior of the Leased Premises or which reduce the value of the Leased Premises Project (collectively, "Alterations") without the Landlord's prior written consent of Landlordconsent, which consent shall not be unreasonably withheld. In the event that Landlord consents to such additions, alterations, changes conditioned or improvements, then all additions, alterations, changes or improvements shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlorddelayed; provided, however, (i) Landlord mayhereby consents to those Alterations listed on Exhibit "E" attached hereto and made a part hereof (so long as such Alterations are otherwise completed in accordance with the requirements set forth in this Lease), and (ii) Landlord's prior written consent shall not be required for Tenant's interior painting, and for any non-structural installation of fixtures, equipment, interior floors and floor coverings in the Premises, all of which may otherwise be completed in accordance with this Lease. Any Alterations approved by Landlord must be performed in accordance with the terms hereof, using only contractors reasonably approved by Landlord in writing and upon the reasonable approval by Landlord in writing of plans and specifications pertaining to the Alterations in question, to be prepared and submitted by Tenant at its option, require Tenant, at Tenant’s sole cost and expense. Landlord shall grant or deny consent to a proposed Alteration within ten (10) business days after Landlord's receipt of plans and specifications therefor. If Landlord fails to so respond in writing to Tenant within said ten (10) business day period, Tenant may send a second written notice ("Alteration Notice") to remove any Landlord indicating that such additions, alterations, changes or improvements at the expiration or sooner termination Alteration Notice is being delivered by Tenant pursuant to this Section 9(d). Landlord's failure to withhold its consent by written notice to Tenant within five (5) business days after Landlord's receipt of this Lease, and a properly delivered Alteration Notice shall be deemed to repair any damages constitute Landlord's consent to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approvalAlteration. Tenant hereby agrees shall at its sole cost and expense obtain all necessary approvals and permits pertaining to indemnify any Alterations approved by Landlord. Tenant shall cause all Alterations to be performed in a good and defend workmanlike manner, in conformance with all applicable Laws and pursuant to a valid building permit. Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, not be entitled to a construction management fee or obligations incurred by Tenant or at the direction of Tenant review fee in connection with any Alterations. Notwithstanding anything to the Leased contrary contained herein, Tenant may also make minor alterations to the Premises (the "Minor Alterations"), without Landlord's consent, provided that the cost of any such Minor Alteration does not exceed $75,000 in any one instance and more than $200,000 in the aggregate during the Term; and provided further that such Minor Alteration does not (i) require any structural modifications to the Premises, (ii) require any changes to, nor adversely affect, the Project Systems, and (iii) affect the exterior appearance of the Project. Notwithstanding the rights accorded to Tenant pursuant to the immediately preceding sentences, Tenant acknowledges and agrees that Landlord's permission for Tenant to obtain the discharge of any lien which attaches as a result commence construction or Landlord's monitoring of such work immediately after shall in no way constitute any representation or warranty by Landlord as to the adequacy or sufficiency of such lien attaches plans and specifications, the improvements to which they relate, the capabilities of such contractors or payment for the labor compliance of any such work with any applicable Laws; instead, any such permission or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that monitoring shall merely be the consent of Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereofrequired hereunder.

Appears in 2 contracts

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

Alterations. Except for work or alterations of a cosmetic, decorative, non-structural nature, which do not: (a) involve in any manner the mechanical, electrical or plumbing systems in the Building; or (b) exceed the cost of $50,000.00 in the aggregate, which aggregate shall include any work performed in any other premises leased by Tenant in the Building pursuant to another lease with Landlord, in any six-month period, Tenant shall not make additions, alterations, changes or improvements do any work in or to any structural components or the exterior of about the Leased Premises or which reduce the value of the Leased Premises make any alterations or additions thereto, without the prior written consent of Landlord, which consent shall not be unreasonably withheldwithheld or delayed. In the event that All such work to which Landlord consents to such additions, alterations, changes or improvements, then all additions, alterations, changes or improvements shall be constructed at Tenant’s sole expense performed and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, installed at Tenant’s sole cost and expenseexpense in accordance with plans and specifications to be supplied by Tenant, which plans and specifications, and the contractors, subcontractors and all suppliers of labor or materials shall in all instances first be subject to remove Landlord’s approval, which shall not be unreasonably withheld or delayed. Landlord shall respond to any request by Tenant for Landlord’s approval, including any such additionsrequest made in connection with the Initial Work, alterationswithin thirty (30) days, changes and, if Landlord does not give its approval, Landlord shall specify its reasons for not giving its approval. During the performance of any work, whether or improvements at not Landlord’s consent is required therefor, Tenant shall maintain such insurance as Landlord may reasonably require for the expiration benefit of Landlord or sooner termination of this Lease, and to repair such other parties as Landlord shall designate in writing. Tenant shall reimburse Landlord for Landlord’s actual out-of-pocket costs in reviewing Tenant’s plans for any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of alterations requiring Landlord’s approval. Landlord shall provide Tenant hereby agrees with invoices from those professionals from whom Landlord incurred fees in support of Landlord’s demand for reimbursement in accordance with this Section. Landlord will make commercially reasonable efforts to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of cooperate with Tenant in connection with the Leased Premises, and agrees any application Tenant makes to obtain the discharge any permits, licenses, approvals and/or sign-offs necessary for any alterations or improvements Tenant makes pursuant to this Section. Within 30 days of completion of any lien which attaches as a result alterations or improvements, regardless of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect whether Landlord’s interest consent is required therefor, Tenant shall furnish Landlord with complete as-built sepia and CAD drawings thereof. Landlord shall not charge Tenant a supervisory fee in the Leased Premises, Property or Park as a result thereofconnection with work performed pursuant to this Section.

Appears in 2 contracts

Sources: Lease Agreement (Vitamin Shoppe, Inc.), Lease Agreement (Vitamin Shoppe, Inc.)

Alterations. Tenant shall not do any painting or decorating, or erect any partitions, make additions, alterations, changes or improvements any alterations in or additions to any structural components or the exterior of the Leased Premises or which reduce do any nailing, boring or screwing into the value of the Leased Premises ceilings, walls or doors, without the Landlord’s prior written consent in each and every instance. However, Tenant shall have the right to make cosmetic alternations of Landlord, up to $5,000 which do not impact the Building systems and structure. If Landlord consents to such alterations or additions (which consent shall not be unreasonably withheldwithheld but may include a requirement in Landlord’s reasonable discretion that such work shall be performed either by or under the direction of Landlord at no additional cost to Tenant above any quote Tenant has received for such work from a third party), before commencement of the work or delivery of any materials into the Premises or into the Building, Tenant shall furnish Landlord for (A) Plans and specifications; (B) Names and addresses of contractors; (C) Copies of contracts; (D) Necessary permits; and (E) Indemnification and insurance in form and amount satisfactory to Landlord from all contractors performing labor or furnishing materials, insuring against any and all claims, costs, damages, liabilities and expenses which may arise in connection with the alterations or additions. Landlord may withhold approval of any alteration or additions if the plans and specifications therefor are not acceptable to Landlord or Landlord’s architect or engineer (if any). In connection with any request for approval of any alterations or additions by Tenant, Landlord may retain the services of an outside architect and/or engineer and the reasonable fees of such architect and/or engineer shall be reimbursed to Landlord by Tenant. Landlord’s approval of any plans or specifications shall not be construed to be an agreement or representation on Landlord’s part as to the adequacy or suitability of Tenant’s alterations or additions. In the event Landlord permits the alterations or additions to be completed by Tenant’s contractor, Landlord reserves the right to require that Landlord consents to Tenant shall terminate its contract with any such additions, alterations, changes or improvements, then all additions, alterations, changes or improvements contractor in the event said contractor shall be constructed at Tenantengaged in a labor dispute which disrupts said contractor’s sole expense work and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, at Tenant’s sole cost and expense, to remove any such additions, alterations, changes or improvements at the expiration or sooner termination of this Lease, and to repair any damages dispute is disruptive to the Leased Premises caused by such removal provided other tenants in the building. Landlord has informed shall also have the right to order any contractor of Tenant of such requirement at the time who violates any of Landlord’s approvalrequirements or standards of work to cease work and to remove himself, his equipment and his employees from the Building if such violation(s) are not promptly cured after written notice thereof is given by Landlord to Tenant. Landlord or the managing agent of the Building may elect in its reasonable judgment to charge for out-of-pocket costs incurred by Landlord for third party oversight to the extent such costs are not otherwise included for purposes of calculating the Expenses. Tenant agrees that its contractors shall not conduct their work in such a manner so as to interfere with or cause any interruption of either: (A) Landlord’s construction; (B) another tenant’s occupancy or construction; or (C) other phases of Landlord’s operation of the Building. Tenant hereby agrees to indemnify and defend Landlord againsthold Landlord, its beneficiaries, partners and shall keep 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 Leased Premises, Property 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 Park free from full and final waivers of lien and receipted bills covering all mechanics’ liens labor and other such liens arising from materials expended and used. All alterations and additions shall comply with all insurance requirements and with all ordinances and regulations of any work performedpertinent 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, material furnishednon-trade fixtures and all improvements, temporary or obligations incurred 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 direction termination of Tenant in connection with this Lease, by lapse of time or otherwise, without compensation or allowance or credit to Tenant. Landlord may, at its sole option, request Tenant, at Tenant’s sole cost, to remove same at the Leased Premisestermination of the Term, and agrees to obtain if, upon Landlord’s request, Tenant does not remove said additions, hardware, non-trade fixtures and improvements, Landlord may remove the discharge of any lien which attaches as a result same, and Tenant shall pay the cost of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given removal to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereofupon demand.

Appears in 2 contracts

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

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

Appears in 2 contracts

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

Alterations. 7.1 Tenant shall not make additions, no alterations, changes installations, additions or improvements (collectively, “Alterations”) in or to any structural components the Premises or the exterior Licensed Space of the Leased Premises or which reduce the value of the Leased Premises any nature without the Landlord’s prior written consent of Landlordconsent, which consent shall not be unreasonably withheld. In , conditioned or delayed; provided, however, that with respect to Alterations which are structural in nature or which would adversely affect (i) a Building’s base mechanical, electrical, fire protection, plumbing, HVAC systems or structure, (ii) the event that use by Landlord consents to such additionsor any tenant of their respective premises, alterations, changes or improvements(iii) Landlord’s insurance rates as determined by Landlord’s property insurance carrier, then Landlord may withhold, condition or delay its consent in its sole and absolute discretion. Any Alterations to be performed by Tenant may only be performed by using contractors or mechanics from Landlord’s approved list of contractors or such other reputable contractors or mechanics as Landlord shall approve (which approval shall not be unreasonably withheld, conditioned or delayed), it being agreed, however, that Tenant must use Landlord’s designated contractor for any Alterations relating to fire safety or structural changes. Tenant agrees that all additions, alterations, changes or improvements Alterations shall be constructed performed by Tenant in accordance with all applicable Legal Requirements (including, without limitation, the Americans with Disabilities Act of 1990 and all regulations issued thereunder) and the Campus policies then in effect. Tenant agrees to use a reputable engineer and architect licensed in the Commonwealth of Pennsylvania approved by Landlord (which approval shall not be unreasonably withheld, conditioned or delayed) for the preparation of all construction documents and drawings pertaining to any Alterations and to file all plans with and obtain all required permits from appropriate governmental authorities. Notwithstanding the foregoing, prior to the commencement of any Alteration, Tenant shall provide Landlord’s designated engineer any construction documents or drawings prepared by or on behalf of Tenant in connection with any Alteration that affects a Building’s base mechanical, electrical, fire protection, plumbing, HVAC systems or structure, recognizing that the integrity of the Building’s systems shall be maintained through such review by the Building engineer. Tenant’s architect shall file all required architectural drawings and obtain all necessary permits at Tenant’s cost. Upon receipt thereof, Tenant shall promptly submit to Landlord, copies of all approved plans, permits, applications, final approvals and sign-offs. 7.2 Notwithstanding anything to the contrary contained in this Article 7, Landlord’s consent shall not be required with respect to (i) decorative alterations such as painting, wall coverings and floor coverings (“Decorative Alterations”) or (ii) non-structural Alterations by Tenant which (a) shall be located wholly within the Premises, (b) shall not affect the structural integrity of the Building or the operation of the HVAC, plumbing, electrical, or water and sewer systems of the Building, (c) are not visible from outside of the Premises, and (d) do not cost more than $50,000 for any single Alteration, provided, in each instance that (1) such Alterations shall otherwise be performed in accordance with all of the terms and conditions of this Lease, (2) Tenant gives Landlord at least ten (10) days’ prior notice of such work and, for informational purposes, the plans and specifications therefor but only to the extent the same would be customarily prepared or be required to be prepared in order to obtain any necessary permits, (3) such Alteration shall be performed in a good and workmanlike manner, (4) Tenant is not in default or default under this Lease beyond the expiration of any applicable notice and/or cure period, and (5) such Alterations do not adversely affect Landlord’s insurance rates as determined by Landlord’s property insurance carrier. 7.3 Except for the Excluded FF&E (as hereinafter defined), trade fixtures that are installed by or on behalf of Tenant at Tenant’s sole cost and expense during the Term, and moveable furniture and equipment purchased by Tenant at its sole cost and expense (collectively, “Tenant’s Property”), all fixtures and all paneling, partitions, railings and like installations, installed in the Premises and Licensed Space at any time (whether prior to or during the applicable term thereof), either by Tenant or by Landlord on Tenant’s behalf, shall, upon completion thereofinstallation, become the property of Landlord; providedLandlord and, howeversubject to the provisions of Section 7.5, Article 36 and Article 40 below, shall remain upon and be surrendered with the Premises or the Licensed Space, as applicable. Nothing in this Article 7 shall be construed to give Landlord title to or to prevent Tenant’s removal of Tenant’s Property, but upon removal of any such items of Tenant’s Property from the Premises or upon removal of other installations as may be required pursuant to the terms hereof, Tenant shall promptly and at its expense, and repair any damage to the 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 retained as Landlord’s property or may be removed from the Premises by Landlord at Tenant’s expense. 7.4 Tenant shall, before making any Alterations, at its optionexpense, 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. If any mechanic’s lien is filed against the Premises or any Building for work claimed to have been performed by or on behalf of Tenant (but not by Landlord) or for materials claimed to have been furnished to Tenant (but not by Landlord), it shall be discharged by Tenant within thirty (30) days after Tenant receives notice thereof (from whatever source), at Tenant’s expense, by filing the bond required by law or payment or otherwise. If Tenant fails to discharge such lien within such thirty (30) day period, then Landlord shall have the right to discharge same (by filing the bond required by law or by payment in full of the mechanic’s lien or otherwise) and Landlord’s costs and expense in obtaining such discharge shall be repaid in full by Tenant to Landlord as additional rent within twenty (20) days after demand therefor. 7.5 As to any Alteration allowed to be made by Tenant pursuant to this Lease, Tenant shall not be required to remove such Alterations at or prior to the expiration or earlier termination of this Lease unless (i) at the time Landlord approves the plans and specifications for any such proposed Alterations, Landlord specifically designates those items it reserves the right to require TenantTenant to remove at the end of the Term or (ii) Landlord, by notice to Tenant no later than sixty (60) days prior to the stated Expiration Date, directs Tenant to remove such items from the Premises, in which event, the same shall be removed from the Premises by Tenant prior to the expiration of this Lease at Tenant’s sole cost and expense, and Tenant shall, at its sole cost and expense, restore the Premises with respect thereto to remove the same condition as that which existed on the Commencement Date, reasonable wear and tear excepted. 7.6 Tenant agrees that with respect to the performance of any Alterations in the Premises, Tenant shall pay to Landlord, as additional rent hereunder, promptly upon being billed therefor, Landlord’s reasonable out-of-pocket and other expenses including, without limitation, the fees of any architect, engineer or expeditor employed or hired by Landlord, indirect costs, costs of field supervision and coordination incurred by Landlord; it being agreed that Tenant shall not be obligated to pay any such additionsindirect costs or costs of field supervision and coordination in connection with Tenant’s Initial Work. (a) Before proceeding with any Alteration estimated to cost in excess of $50,000.00 (other than Decorative Alterations), alterationsTenant shall furnish to Landlord one of the following: (i) a cash deposit or (ii) a performance bond and a labor and materials payment bond (issued by a corporate surety licensed to do business in Pennsylvania reasonably satisfactory to Landlord), changes (iii) an irrevocable, unconditional, negotiable letter of credit, issued by and drawn on a bank or improvements at trust company which is a member of the expiration Clearing House in a form reasonably satisfactory to Landlord; each in an amount equal to one hundred twenty-five (125%) percent of the estimated cost of the Alteration or sooner termination (iv) such other security as Landlord may be reasonably acceptable to Landlord. (b) Upon (i) the completion of the Alteration in accordance with the terms of this LeaseArticle 7 and (ii) the submission to Landlord of proof evidencing the payment in full for said Alteration including, but not limited to, delivery of a waivers of mechanic liens, the security deposited under Section 7.7(a) with Landlord (or the balance of the proceeds thereof, if Tenant has furnished cash or a letter of credit and if Landlord has drawn on the same) shall be returned to Tenant. (c) Upon Tenant’s failure to properly perform, complete and fully pay for the said Alteration, as reasonably determined by Landlord, Landlord shall be entitled to draw on the security deposited under Section 7.7(a) to the extent it deems necessary to complete any incomplete Alteration or otherwise hazardous condition, to effect any necessary restoration and/or protection of the Premises or the Property and to repair any damages apply such funds to the Leased Premises caused by such removal provided Landlord has informed Tenant payment or satisfaction of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord againstany costs, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, damages or obligations incurred by Tenant or at the direction of Tenant expenses in connection with the Leased Premisesforegoing and/or Tenant’s obligations under this Article 7 and this Lease relating to Alterations and repairs, and agrees to obtain including the discharge satisfaction of any lien which attaches mechanic’s lien. 7.8 All Alterations shall be performed by Tenant in compliance with all applicable requirements of insurance bodies and with Legal Requirements and the same shall be diligently performed in a good and workmanlike manner. 7.9 Tenant agrees that Tenant will not at any time during the term hereof, either directly or indirectly, use any contractors and/or labor and/or materials if the use of such contractors and/or labor and/or materials would or will create any difficulty with other contractors and/or labor engaged by Tenant or Landlord or others in the performance of any work at a Building or any part thereof. 7.10 Tenant shall cause each contractor to carry personal injury and property damage and general liability insurance for any occurrence in or about the applicable Building in a combined single limit of not less than $2,000,000. Before commencing any work or delivering material to the applicable Building, each such contractor shall deliver certificates evidencing such insurance to Landlord and naming Landlord as an insured party under the policy. Each contractor performing work at the applicable Building shall also carry workmen’s compensation insurance in statutory limits covering all persons employed in connection with the work for death or injury. Notwithstanding the foregoing, the obligation for a contractor to carry the insurance under this Section 7.10 shall be waived by Landlord to the extent such Alteration constitutes a Decorative Alteration and such waiver is consistent with past practice in Landlord’s reasonable determination. 7.11 Tenant and all contractors shall comply promptly with the procedures and regulations reasonably prescribed by Landlord for the use of the freight elevators and the other Common Areas; it being that the foregoing is not intended to imply that Tenant or its contractors have the right to use any such areas if the same is prohibited by any other provisions of this Lease. 7.12 No approval or deemed approval of any plans or specifications by Landlord or consent by Landlord allowing Tenant to make any improvements (including Tenant’s Initial Work) or any inspection of improvements made by or for Landlord shall in any way be deemed to be an agreement by Landlord that the contemplated improvements comply with any Legal Requirements or insurance requirements or the certificate of occupancy for the applicable Building nor shall it be deemed to be a waiver by Landlord of the compliance by Tenant of any provision of this Lease. 7.13 Provided Tenant is not in default hereunder beyond the expiration of any applicable notice and/or cure period, Landlord shall promptly after Tenant’s request, at no out of pocket cost, expense or liability to Landlord, cooperate with and assist Tenant in all reasonable respects in attempting to procure all permits and approvals that may be required for the performance of any approved or otherwise permissible Alterations to be performed by Tenant provided that any applications and other documents comply in all respects with all Legal Requirements and the applicable provisions of this Lease; provided, however, as to any such request, the subject matter thereof and/or the work contemplated thereby shall not constitute (or, if effectuated by Tenant, would not constitute) a breach by Tenant of any of its obligations under this Lease. Nothing contained in this Lease shall be deemed or construed as a result representation, warranty, or guaranty of any nature whatsoever, that any such work immediately after such lien attaches permit, approval, certificate, or payment for the labor application, plans or material is due. Notice is hereby given to all Tenant’s contractorsother document is, subcontractorsor will be made, materialmen or suppliers that Landlord is not liable for any labor or materials furnished available to Tenant on credit and no mechanics’ (or approved) by the applicable governmental authority notwithstanding the cooperation of Landlord as set forth above or in any other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereofprovision of this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Armstrong World Industries Inc), Lease Agreement (Armstrong Flooring, Inc.)

Alterations. Tenant shall not make additions, any alterations, changes improvements or improvements in or additions to any structural components or the exterior part of the Leased Premises structural or which reduce the value exterior portion of the Leased Premises Building or any of the Building’s base building systems (including without limitation the base building HVAC, mechanical, electrical, plumbing or life safety systems) without obtaining Landlord’s prior written consent of Landlordconsent, which consent shall not be unreasonably withheld. In the event that Landlord consents to such additions, So long as alterations, changes improvements and additions do not affect the structural or exterior portion of the Building or any of the Building’s base building systems, Tenant shall be permitted to make all reasonable alterations, improvements and additions to, on or at the Premises. Any such improvements, then all additionsexcepting movable furniture, alterationstrade fixtures and equipment, changes or shall become part of the realty and belong to Landlord. All alterations and improvements shall be constructed properly permitted and installed at Tenant’s sole expense cost, by a licensed contractor, in a good and workmanlike manner, and in conformity with the laws of all applicable duly constituted public authorities. Any alterations that Tenant shall desire to make which require the consent of Landlord shall be presented to Landlord in written form with detailed plans. Tenant shall: (i) acquire all applicable governmental permits; (ii) furnish Landlord with copies of both the permits and the plans and specifications before the commencement of the work, and (iii) comply with all conditions of said permits in a prompt and expeditious manner. Any alterations shall be performed in a workmanlike manner with good and sufficient materials. Tenant shall promptly upon completion of any alterations that require the consent of Landlord pursuant to this section furnish Landlord with as-built plans and specifications. In the event Tenant installs improvements or makes any alterations, Tenant shall only be required to remove such improvements or alterations if Landlord’s approval was conditioned upon Tenant’s removal of such improvements or alterations. Tenant shall, upon completion thereofin any event, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, at Tenant’s sole cost and expense, to remove any such additions, alterations, changes or improvements at the expiration or sooner termination of this Lease, and to repair any damages to damage resulting from the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time machinery or trade fixtures of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereof.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement (NPS Pharmaceuticals Inc)

Alterations. Tenant shall not make additions, any alterations, changes additions or improvements in or to any structural components or the exterior of Premises (collectively, the Leased Premises or which reduce the value of the Leased Premises “Alterations”) without the prior written consent of Landlord, Landlord (which consent shall not be unreasonably withheldwithheld or delayed), except for (a) the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Premises and (b) Alterations that are cosmetic in nature and do not affect the Building’s Structure or any Building’s System, do not require permits, and are anticipated to cost less than $25,000 (“Permitted Alterations”). In Tenant shall furnish complete plans and specifications to Landlord for its approval at the event that time Tenant requests Landlord’s consent to any Alterations. Subsequent to obtaining Landlord’s consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by applicable Law and a copy of the executed construction contract(s). Tenant shall give written notice to Landlord at least ten (10) Business Days prior to beginning any construction, and Landlord may post on and about the Premises or the Project notices of non-responsibility pursuant to applicable Laws. Tenant shall reimburse Landlord within thirty (30) days after the rendition of a ▇▇▇▇ for all of Landlord’s actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting and construction fees incurred by or on behalf of Landlord for the review and approval of Tenant’s plans and specifications and for the monitoring of construction of the Alterations not to exceed three percent (3%) of the hard costs of such Alterations. If Landlord consents to the making of any Alteration, such additions, alterations, changes or improvements, then all additions, alterations, changes or improvements Alteration shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, made by Tenant at Tenant’s sole cost and expenseexpense by a contractor reasonably approved in writing by Landlord. Without Landlord’s prior written consent, Tenant shall not use any portion of the Common Areas in connection with the making of any Alterations. If the Alterations which Tenant causes to remove be constructed result in Landlord being required to make any alterations and/or improvements to other portions of the Project in order to comply with any applicable Laws, then Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in making such additions, alterations, changes or improvements at alterations and/or improvements. Any Alterations made by Tenant shall become the property of Landlord upon installation and shall remain on and be surrendered with the Premises upon the expiration or sooner termination of this Lease, and to repair any damages to unless Landlord requires the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement Alterations. Notwithstanding the foregoing, upon Tenant’s written request at the time of it seeks Landlord’s approvalconsent to an Alteration, Landlord agrees to indicate in writing whether it will require such Alteration to be removed upon the expiration or earlier termination of the Lease. If Landlord requires the removal of such Alterations, Tenant shall at its sole cost and expense, prior to the Expiration Date or the last day of the Renewal Term (as defined in Exhibit G), as the case may be, or earlier termination of this Lease, remove all or any portion of any Alterations made by Tenant which are designated by Landlord to be removed and repair and restore the Premises in a good and workmanlike manner to their original condition, reasonable wear and tear excepted (collectively, the “Removal and Restoration Work”); provided, however, at Landlord’s election, in lieu of having Tenant perform the Removal and Restoration Work, Tenant shall pay Landlord, within five (5) days following Landlord’s demand, an amount equal to the actual out-of-pocket cost of performing the Removal and Restoration Work, and Landlord shall have the right (but not the obligation) to perform such work on Tenant’s behalf. All construction work done by Tenant within the Premises shall be performed in accordance with all Laws, in a good and workmanlike manner with new materials of first-class quality, lien-free, and in such manner as to cause a minimum of interference with the transaction of business at the Project. All work which may affect the Building’s Structure or the Building’s Systems, at Landlord’s election, must be performed by Landlord’s usual contractor for such work. All work affecting the roof of the Project must be performed by Landlord’s roofing contractor and no such work will be permitted if it would void or reduce the warranty on the roof. In all events, Tenant shall be required to use union labor in connection with any initial improvements and all Alterations. Tenant hereby agrees to indemnify indemnify, defend and defend Landlord againsthold Landlord, its Affiliates, Harvest Properties, Inc. (“Harvest”), Cerberus Real Estate Capital Management, LLC, a Delaware limited liability company (“Cerberus”), and Landlord’s Property Manager, and their respective officers, directors, partners, members, shareholders, employees and agents (collectively, the “Indemnitees”) harmless against any loss, liability or damage resulting from such work performed by or at the request of Tenant (except for the Work), and Tenant shall, if requested by Landlord, furnish a bond or other security satisfactory to Landlord against any such loss, liability or damage. The foregoing indemnity shall keep survive the Leased Premisesexpiration or earlier termination of this Lease. Landlord’s consent to or approval of any Alterations (or the plans therefor) shall not constitute a representation or warranty by Landlord, Property nor Landlord’s acceptance, that the same comply with sound architectural and/or engineering practices or with all applicable Laws, and Park free from Tenant shall be solely responsible for ensuring all mechanics’ liens such compliance. All voice, data, video, audio and other such liens arising from any work performed, material furnished, or obligations incurred low voltage control transport system cabling and/or cable bundles installed in the Building by Tenant or its contractor shall be (i) plenum rated and/or have a composition make-up suited for its environmental use in accordance with NFPA 70/National Electrical Code; (ii) labeled every 3 meters with Tenant’s name and origination and destination points; (iii) installed in accordance with all EIA/TIA standards and the National Electric Code; and (iv) installed and routed in accordance with a routing plan showing “as built” or “as installed” configurations of cable pathways, outlet identification numbers, locations of all wall, ceiling and floor penetrations, riser cable routing and conduit routing (if applicable), and such other information as Landlord may reasonably request. The routing plan shall be available to Landlord and its agents at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereofProject upon request.

Appears in 2 contracts

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

Alterations. Tenant shall not make additions, any alterations, changes additions or improvements in or to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises without the Landlord’s prior written consent consent, and all alterations, additions or improvements made by either of the parties hereto upon the Leased Premises, except movable office furniture put in at the expense of the Tenant, shall be the property of the Landlord and shall, at the sole option of the Landlord, which consent shall not remain upon and be unreasonably withheld. In surrendered with the event that Landlord consents to such additionsLeased Premises at the termination of this Lease, alterationswithout molestation or injury, changes or improvementsat Landlord’s request, then all additions, alterations, changes or improvements shall be constructed and at Tenant’s sole expense, the Leased Premises shall be restored to its original condition. Tenant shall only use contractors, which have been approved in writing by Landlord for any permitted alterations to the Leased Premises, and shall not permit any mechanic’s liens to be placed or remain upon the Leased Premises, the Building or the Property and shall discharge same immediately in accordance with Paragraph 6(B). Tenant will not overload the electrical wiring and will not install any additional electrical wiring, computer cables or plumbing unless it has first obtained Landlord’s written consent thereto, and if such consent is given, Tenant will install same at its own cost and expense and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, will thereafter be responsible for maintaining it at Tenant’s sole cost and expense, to remove . Before commencing any such additions, alterations, changes improvements or improvements at the expiration or sooner termination of this Lease, and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any alteration work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property Tenant shall require all contractors of Tenant performing such work in the Leased Premises to carry and maintain, at no expense to Landlord, any or Park all of the following insurance policies as a result thereofdetermined by Landlord written by companies acceptable to Landlord: (i) commercial general liability insurance, which shall name Tenant and Landlord as additional insureds, in such amounts as required by Landlord and with any endorsements that Landlord requires; (ii) workers’ compensation insurance in such amounts required by law and covering all persons employed by said contractor and engaged in the work; (iii) [if applicable] comprehensive automobile liability insurance in such amounts as required by Landlord; and (iv) insurance against such other perils or legal risks and in such amounts as Landlord may from time to time establish. Upon Landlord’s request, Tenant shall furnish to Landlord duplicate original counterparts of any or all insurance policies required pursuant to Paragraph 11 herein above.

Appears in 2 contracts

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

Alterations. Tenant shall not make any alterations, additions, alterations, changes or improvements in or to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises without the Landlord’s prior written consent of Landlordconsent. Tenant shall promptly remove any alterations, which consent shall not be unreasonably withheld. In the event that Landlord consents to such additions, or improvements constructed in violation of this paragraph upon Landlord’s written request. All approved alterations, changes or improvements, then all additions, alterationsand improvements will be accomplished in a good and workmanlike manner, changes in conformity with all applicable laws and regulations, and by a contractor approved by Landlord. Tenant shall apply for and obtain all requisite approvals, consents or improvements shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord may, at its option, require Tenantpermits for such work, at Tenant’s sole cost and expense, . Landlord may require Tenant to remove any such additions, alterations, changes additions or improvements (whether or not made with Landlord’s consent) at the expiration or sooner termination of this Lease and to restore the Premises to its prior condition, all at Tenant’s expense. All alterations, additions and improvements which Landlord has not required Tenant to remove shall become Landlord’s property and shall be surrendered to Landlord upon the termination of this Lease, except that Tenant may remove any of Tenant’s furniture and equipment which can be removed without material damage to repair the Leased Premises. Tenant shall repair, at Tenant’s expense, any damages damage to the Leased Premises caused by the removal of any such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approvalfurniture or equipment. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park property free from any and all mechanics’ liens and other such liens arising from any out of the work performed, material furnished, performed or obligations incurred by Tenant or at the direction of Tenant materials furnished in connection with making improvements to the Leased Premises, and agrees if a lien shall be filed will post a bond or otherwise cause same to obtain be removed within five (5) days of notice thereof. Tenant shall not have the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given right to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in encumber the Leased Premises, Property including any covenants and restrictions or Park as liens of any kind whatsoever. Tenant shall strictly comply with the Construction Lien Law of the State of Florida. Tenant agrees to obtain and deliver to Landlord prior to the commencement of any work or alteration or the delivery of any materials, a result thereofwritten and unconditional waiver of contractors’ liens with respect to the Leased Premises, the Building and the parcel for all work, service or materials to be furnished at the request or for the benefit of Tenant to the Premises.

Appears in 2 contracts

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

Alterations. (a) The Landlord shall have the right to perform all Premises Work (as hereinafter defined) reasonably requested by Tenant, at Tenant’s expense under the conditions as defined in Section 12d below, during the Term of the Lease. Tenant understands and agrees that any work requiring a building permit will necessitate preparation of drawings and Tenant agrees to pay for same, including the cost of the building permit. The Landlord shall charge Tenant a fee equal to ten percent (10%) of the total cost of alterations in the event it elects to perform said work. In the event that Landlord does not elect to perform said Premises Work, then Tenant shall not make additions, alterations, changes or improvements in or to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises without the obtain Landlord’s prior written consent of Landlordconsent, which consent shall not be unreasonably withheldwithheld or delayed, prior to performing any Premises Work and shall use contractors that are reasonably acceptable to Landlord. In the event that Tenant shall provide such drawings, plans and specifications as are requested by Landlord in reviewing any such proposed improvements. If Landlord consents to such additionsPremises Work, alterations, changes or improvements, then all additions, alterations, changes or improvements it shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, made at Tenant’s sole cost and expenseexpense and at such time and in such manner so as to not unreasonably interfere with the use and enjoyment of the Building by any other tenant. Tenant shall not make any alteration, addition or improvement to remove the Premises, whether structural or nonstructural, without Landlord’s prior written consent, which shall not be unreasonably withheld or delayed. Tenant shall provide such drawings, plans and specifications as are requested by Landlord in reviewing any such additionsproposed improvements. If Landlord consents to any such proposed alteration, addition or improvement, it shall be made at Tenant’s sole cost and expense and at such time and in such manner as to not unreasonably interfere with the use and enjoyment of the remainder of the Premises by any other tenant or other person. Landlord may, as a condition of granting its consent or approval hereunder, require Tenant to post such payment and performance bonds as Landlord deems reasonable to protect Landlord, any Mortgagee, and the Premises. In making any alteration, addition or improvement to the Premises, Tenant shall use materials equal or exceeding in quality and kind the original construction, as certified by the architect who designed the Premises or by such other architect as is designated by Landlord. All such alterations, additions and improvements shall be performed (a) in a good and workmanlike manner; (b) in accordance with all applicable laws and regulations, including but not limited to the ADA (Americans with Disabilities Act); (c) in accordance with all applicable insurance requirements and requirements of any Mortgagee; and (d) in accordance with the drawings, plans and specifications approved by Landlord. All work performed by Tenant shall be subject to Landlord’s inspection and approval to determine whether it complies with the requirements of this Lease. Prior to the commencement of any such work by Tenant, Tenant shall obtain all necessary endorsements to the insurance required by Section 22 hereof to be sure the same covers the performance of such work. Furthermore, Tenant shall defend, indemnify and hold harmless Landlord from and against any and all damages, losses or liability arising from such alterations or improvements or the construction thereof by Tenant, its agents, servants, invitees and employees other than Landlord. For purposes hereof, the term “Premises Work” shall mean the following: any construction, repair, refurbishment or restoration, including without limitation, tenant improvements, build-out, alterations, changes additions, improvements, renovations, repairs, remodeling, painting and installations of fixtures, mechanical, electrical, plumbing, data, security, telecommunications, low voltage or improvements at the expiration elevator equipment or sooner termination of this Leasesystems or other equipment, and or with respect to repair any damages other construction work in or to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Demised Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereof.

Appears in 2 contracts

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

Alterations. Tenant shall may not make any changes, additions, alterations, changes improvements or additions to the Premises or attach or affix any articles thereto without Landlord’s prior written consent. All alterations, additions, or improvements in which may be made upon the Premises by Landlord or to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises without the prior written consent of Landlord, which consent Tenant (except unattached trade fixtures and office furniture and equipment owned by Tenant) shall not be unreasonably withheldremoved by Tenant, but shall become and remain the property of Landlord. In the event that Landlord consents to such additions, All alterations, changes or improvements, then all additions, alterations, changes or improvements and additions to the Premises (as permitted by Landlord) shall be constructed done only by Landlord or contractors or mechanics approved by Landlord, and shall be at Tenant’s sole expense and shallat such times and in such manner as Landlord may approve. If Tenant shall make any alterations, upon completion thereof, become improvements or additions to the property of Landlord; provided, howeverPremises, Landlord may, at its option, may require Tenant, at Tenant’s sole cost and expense, to remove any such additions, alterations, changes or improvements at the expiration or sooner termination of this Lease, and to repair any damages restore the Premises to substantially the Leased Premises caused by such removal provided same condition as existed at the commencement of the Term. Any mechanics or materialmen’s lien for which Landlord has informed Tenant received a notice of such requirement at intent to file or which has been filed against the time Premises or the Building arising out of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord againstwork done for, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant on credit within ten (10) days following the earlier of the date Landlord receives (1) notice of intent to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and no mechanicsthe amount expended by Landlord, including reasonable attorneys’ or other liens fees, shall attach to or affect be paid by Tenant within ten (10) days following Tenant’s receipt of a ▇▇▇▇ from Landlord’s interest in the Leased Premises, Property or Park as a result thereof.

Appears in 2 contracts

Sources: Medical Office Building Lease (LifeCare Holdings, Inc.), Medical Office Building Lease (LifeCare Holdings, Inc.)

Alterations. SECTION 3.1 Tenant shall not make additions, alterations, changes or improvements any Tenant Alterations without Landlord's Approval in or to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. In the event that Landlord consents to such additions, alterations, changes or improvements, then all additions, alterations, changes or improvements shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlordeach instance; provided, however, that Tenant's installation, modification or removal of wiring, raised flooring, cages, equipment racks, cable trays and similar ordinary course equipment installation entirely within the Premises shall not be deemed to be Tenant Alterations requiring such Approval provided same can be removed without material damage to the Building (any of the foregoing constituting "Data Center Configuration Work"). L▇▇▇▇▇▇▇'s Approval of Tenant Alterations may be granted or denied in Landlord's sole discretion. Landlord mayshall in no event be required to Approve the installation outside the Premises by Tenant of any installations or equipment. SECTION 3.2 The following are the conditions (the "Data Center Configuration Work Approval Conditions") that must be satisfied before any Data Center Configuration Work may be performed, at and as appropriate, during and upon completion of the performance of any Data Center Configuration Work: (a) Tenant shall furnish to Landlord duplicate original policies or certificates of worker's compensation insurance (covering all persons to be employed by Tenant and by all contractors and subcontractors supplying materials or performing work in connection with such Data Center Configuration Work) and commercial general liability (including property damage coverage) insurance and during any construction or Alterations by Tenant or its optioncontractors or employees Builder's Risk coverage (issued on a completed value basis) or an equivalent coverage reasonably satisfactory to Landlord, require Tenantall in such form, with such companies, for such periods and in such amounts as Landlord may reasonably require, naming Landlord and, any Lessor and any Mortgagee as to which Tenant has received the name and address as additional insureds for such liability insurance. (b) All Data Center Configuration Work shall be performed by T▇▇▇▇▇ (i) at Tenant’s 's sole cost and expense, (ii) in a good and workmanlike manner using new materials of first class quality, (iii) in compliance with all Legal Requirements and Rules and Regulations, (iv) subject to remove Landlord's inspection, if so requested by Landlord and (v) at hours reasonably Approved by Landlord and otherwise minimizing unreasonable disturbance to other tenants of the Building. (c) Landlord shall Approve, such approval not to be unreasonably withheld, conditioned or delayed, the general contractors, construction managers, contractors and subcontractors proposed to be used by Tenant for Data Center Configuration Work (and if any such additionsparty employed by or on behalf of Tenant causes any labor disharmony anywhere in the Building then Landlord may require Tenant to immediately discontinue using such party) except that all mechanical and electrical work shall be performed by contractors who are designated by Landlord. (d) Upon completion of any Data Center Configuration Work, alterationsTenant, changes at its expense, shall promptly deliver to Landlord an electronic copy of "as-built" plans and specifications for such Data Center Configuration Work, in the format designated by Landlord. (e) The indemnity of Landlord by Tenant set forth in Article 28 shall extend and apply fully as to any costs, damages, liability, etc., arising directly or improvements indirectly from any Data Center Configuration Work performed by Tenant. SECTION 3.3 If, because of any act or omission of Tenant, its employees, agents, contractors, or subcontractors, any mechanic's lien, notice of commencement, notice of intention to lien, U.C.C. financing statement or other lien, encumbrance, notice, charge or order for the payment of money shall be filed against Landlord, or against all or any portion of the Premises or the Property (other than Tenant's Property which under Legal Requirements does not constitute a fixture), Tenant shall, at its own cost and expense, cause the expiration same to be discharged of record, by bonding or sooner termination of this Leaseotherwise, within thirty (30) days after the filing thereof, and Tenant shall indemnify, defend and save Landlord harmless against and from all costs, expenses, liabilities, suits, penalties, claims and demands (including reasonable attorneys' fees and disbursements) resulting therefrom. SECTION 3.4 At Tenant's request, Landlord shall review Tenant's initial proposed layout of Tenant's equipment racks to repair be installed in the Premises based on Tenant's proposed "hot-aisle/cold-aisle" layout and promptly provide any damages to the Leased Premises caused by such removal provided comments that Landlord has informed Tenant of to such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereofproposed layout.

Appears in 2 contracts

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

Alterations. Tenant shall not make additions, alterations, changes or improvements alterations and additions to Tenant’s Premises except in or to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises without the prior written consent of accordance with plans and specifications therefor first approved by Landlord, which consent approval shall not be unreasonably withheld. In However, Landlord’s determination of matters relating to aesthetic issues relating to alterations, additions or improvements which are visible outside the event Premises shall be in Landlord’s sole discretion. Without limiting such standard Landlord shall not be deemed unreasonable for withholding approval of any alterations or additions (including, without limitation, any alterations or additions to be performed by Tenant under Article III) which (a) in Landlord’s opinion would reasonably be expected to adversely affect any structural or exterior element of the Building, any area or element outside of the Premises, or any facility or base building mechanical system serving any area of the Building outside of the Premises, or (b) involve or affect the exterior design, size, height, or other exterior dimensions of the Building or (c) will require unusual expense to readapt the Premises to normal office use on Lease termination or expiration or 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 any material respect, in Landlord’s reasonable 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 requirements of insurers of the Building and the other requirements of this Lease with respect to Tenant’s insurance obligations (herein called “Insurance Requirements”) nor deemed a waiver of Tenant’s obligations under this Lease with respect to applicable Legal Requirements and Insurance Requirements nor impose any liability or obligation upon Landlord with respect to the completeness, design sufficiency or compliance of such plans, specifications and work with applicable Legal Requirements and Insurance Requirements nor give right to any other parties. Further, Tenant acknowledges that Tenant is acting for its own benefit and account, and that Tenant shall not be acting as Landlord’s agent in performing any work in the Premises, accordingly, no contractor, subcontractor or supplier shall have a right to lien Landlord’s interest in the Property in connection with any such work. Within thirty (30) days after receipt of an invoice from Landlord (together with reasonable supporting back up documentation), Tenant shall pay to Landlord as a fee for Landlord’s review of any work or plans (excluding any review respecting initial improvements performed pursuant to Article III hereof for which a fee has previously been paid but including any review of plans or work relating to any assignment or subletting), as Additional Rent, an amount equal to the sum of: (i) $150.00 per hour for time spent by senior staff, and $100 per hour for time spent by junior staff, plus (ii) reasonable third party expenses incurred by Landlord to review Tenant’s plans and Tenant’s work. All alterations and additions shall be part of the Building unless and until Landlord shall specify the same for removal pursuant to Section 5.2. All of Tenant’s alterations and additions and installation of furnishings shall be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not to damage the Buildings or Site or interfere with construction or operation of the Buildings and other improvements to the Site and, except for installation of furnishings, shall be performed by Landlord’s general contractor or by contractors or workers first approved by Landlord. Except for work by Landlord’s general contractor, Tenant, before its work is started, shall secure all licenses and permits necessary therefor; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and material to be furnished by them and security satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such labor and material; and cause each contractor to carry insurance in accordance with Section 8.14 herein and to deliver to Landlord certificates of all such insurance. Tenant shall also prepare and submit to Landlord a set of as-built plans, in both print and electronic forms, showing such work performed by Tenant to the Premises promptly after any such alterations, improvements or installations are substantially complete and promptly after any wiring or cabling for Tenant’s computer, telephone and other communications systems is installed by Tenant or Tenant’s contractor. Without limiting any of Tenant’s obligations hereunder, Tenant shall be responsible, as Additional Rent, for the costs of any alterations, additions or improvements in or to the Building that are required in order to comply with Legal Requirements as a result of any work performed by Tenant. Landlord shall have the right to provide such rules and regulations relative to the performance of any alterations, additions, improvements and installations hereunder (which shall be applied in a non-discriminatory manner) and Tenant shall abide by all such reasonable rules and regulations and shall cause all of its contractors to so abide including, without limitation, payment for the costs of using Building services. Tenant agrees to pay promptly when due the entire cost of any work done on the Premises by Tenant, its agents, employees, or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the Premises or the Buildings or the Site and immediately to discharge any such liens which may so attach. Tenant shall pay, as Additional Rent, 100% of any real estate taxes on the Complex which shall, at any time after commencement of the Term, result from any alteration, addition or improvement to the Premises made by Tenant. Tenant acknowledges and agrees that Landlord consents to such shall be the owner of any additions, alterations and improvements in the Premises or the Building to the extent paid for by Landlord. Notwithstanding the terms of this Section 5.12, Tenant shall have the right, without obtaining the prior consent of Landlord but upon notice to Landlord given ten (10) days prior to the commencement of any work (which notice shall specify the nature of the work in reasonable detail), to make alterations, changes additions or improvementsimprovements to the Premises where: (a) the same are within the interior of the Premises within the Building, then all additionsand do not affect the exterior of the Premises and the Building (including no signs on windows); (b) the same do not affect the roof, any structural element of the Building, the mechanical, electrical, plumbing, heating, ventilating, air-conditioning and fire protection systems of the Building; (c) with the exception of painting and carpeting (which shall not be subject to the dollar limits set forth in this subsection (iii)), the cost of any individual alteration, addition or improvement shall not exceed $30,000.00 and the aggregate cost of said alterations, changes additions or improvements made by Tenant during the Lease Term shall be constructed at Tenant’s sole expense not exceed $200,000.00 in cost; and (d) Tenant shall comply with the provisions of this Lease and shallif such work increases the cost of insurance or taxes or of services, upon completion thereof, become the property of LandlordTenant shall pay for any such increase in cost; provided, however, that Tenant shall, within thirty (30) days after the making of such changes, send to Landlord mayplans and specifications describing the same in reasonable detail and provided further that Landlord, by notice to Tenant given at least thirty (30) days prior to the expiration or earlier termination of the Lease Term, may require Tenant to restore the Premises to its option, require Tenant, at Tenant’s sole cost condition prior to construction of such improvements (reasonable wear and expense, to remove any such additions, alterations, changes or improvements tear excepted) at the expiration or sooner earlier termination of this Lease, and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereofLease Term.

Appears in 2 contracts

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

Alterations. A. Tenant shall not make additions, alterations, changes or improvements alterations and additions to Tenant’s Premises except in or to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises without the prior written consent of accordance with plans and specifications therefor first approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Landlord’s determination of matters relating to aesthetic issues relating to alterations, additions or improvements which are visible outside the Premises (including, without limitation, from common lobbies within the Building) shall be in Landlord’s reasonable discretion. Without limiting such standard Landlord shall not be deemed unreasonable for withholding approval of any alterations or additions (including, without limitation, any alterations or additions to be performed by Tenant under Article III) which (a) in Landlord’s reasonable opinion will materially adversely affect any structural or exterior element of the Building, any area or element outside of the Premises, or any facility or base building mechanical system serving any area of the Building outside of the Premises, or (b) involve or affect the exterior design, size, height, or other exterior dimensions of the Building or (c) will require unusual expense to readapt the Premises to normal office use on Lease termination or expiration or increase the cost of construction or of insurance or taxes on the Building or of the services called for by Section 4.1 unless Tenant first gives assurance acceptable to Landlord for payment of such increased cost and that such readaptation will be made prior to such termination or expiration without expense to Landlord, (d) enlarge the Rentable Floor Area of the Premises, or (e) are inconsistent, in Landlord’s reasonable judgment, with alterations satisfying Landlord’s standards for new alterations in the Building. Landlord’s review and approval of any such plans and specifications and consent to perform work described therein shall not be deemed an agreement by Landlord that such plans, specifications and work conform with applicable Legal Requirements and requirements of insurers of the Building and the other requirements of this Lease with respect to Tenant’s insurance obligations (herein called “Insurance Requirements”) nor deemed a waiver of Tenant’s obligations under this Lease with respect to applicable Legal Requirements and Insurance Requirements nor impose any liability or obligation upon Landlord with respect to the completeness, design sufficiency or compliance of such plans, specifications and work with applicable Legal Requirements and Insurance Requirements nor give right to any other parties. Further, Tenant acknowledges that Tenant is acting for its own benefit and account, and that Tenant shall not be acting as Landlord’s agent in performing any work in the Premises, accordingly, no contractor, subcontractor or supplier shall have a right to lien Landlord’s interest in the Property in connection with any such work. Within thirty (30) days after receipt of an invoice from Landlord, Tenant shall pay to Landlord as a fee for Landlord’s review of any work or plans (excluding any review respecting initial improvements performed pursuant to Article III hereof for which a fee has previously been paid but including any review of plans or work relating to any assignment or subletting), as Additional Rent, an amount equal to the sum of: (i) $150.00 per hour for time spent by Landlord’s in-house personnel (not to exceed $1,000 per project), and (ii) all reasonable third party expenses incurred by Landlord to review Tenant’s plans and Tenant’s work (Landlord hereby agreeing to cap any plan review costs (i.e., inclusive of items (i) and (ii) above) relating to interior, non-structural alterations, addition or improvements that do not impact Building systems at $6,000.00 in connection with any single request for approval). All alterations and additions shall be part of the Building unless and until Landlord shall specify the same for removal pursuant to Section 5.2. All of Tenant’s alterations and additions and installation of furnishings shall be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not to damage the Buildings or Site or interfere with construction or operation of the Buildings and other improvements to the Site and, except for installation of furnishings, shall be performed by Landlord’s general contractor or by contractors or workers first approved by Landlord, which approval shall not be unreasonably withheld. In Except for work by Landlord’s general contractor, Tenant, before its work is started, shall secure all licenses and permits necessary therefor; deliver to Landlord a statement of the event names of all its contractors and subcontractors and the estimated cost of all labor and material to be furnished by them and security reasonably satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such labor and material; and cause each contractor to carry insurance in accordance with Section 8.14 herein and to deliver to Landlord certificates of all such insurance. Except with respect to purely cosmetic work, such as floor and wall coverings, Tenant shall also prepare and submit to Landlord a set of as-built plans, in both print and electronic forms, showing such work performed by Tenant to the Premises promptly after any such alterations, improvements or installations are substantially complete and promptly after any wiring or cabling for Tenant’s computer, telephone and other communications systems is installed by Tenant or Tenant’s contractor. Without limiting any of Tenant’s obligations hereunder, Tenant shall be responsible, as Additional Rent, for the costs of any alterations, additions or improvements in or to the Building that are required in order to comply with Legal Requirements directly as a result of any work performed by Tenant. Landlord shall have the right to provide such rules and regulations relative to the performance of any alterations, additions, improvements and installations by Tenant hereunder and Tenant shall abide by all such reasonable rules and regulations of which Tenant has received advance written notice and shall cause all of its contractors to so abide including, without limitation, payment for the costs of using Building services. Tenant agrees to pay promptly when due the entire cost of any work done on the Premises by Tenant, its agents, employees, or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the Premises or the Buildings or the Site and immediately to discharge any such liens which may so attach. Tenant shall pay, as Additional Rent, 100% of any real estate taxes on the Property which shall, at any time after commencement of the Term, be expressly assessed by the taxing authority upon any alteration, addition or improvement to the Premises made by Tenant. Tenant acknowledges and agrees that Landlord consents to such shall be the owner of any additions, alterations and improvements in the Premises or the Building to the extent paid for by Landlord. B. Notwithstanding the terms of Section 5.12(A), Tenant shall have the right, without obtaining the prior consent of Landlord, to make alterations, changes or improvements, then all additions, alterations, changes additions or improvements to the Premises where: (i) the same are within the interior of the Premises within the Building, and do not affect the exterior of the Premises and the Building (including no signs on windows); (ii) the same do not affect the roof, any structural element of the Building, the mechanical, electrical, plumbing, heating, ventilating, air-conditioning and fire protection systems of the Building; (iii) the cost of any individual alteration, addition or improvement shall be constructed at Tenant’s sole expense not exceed $20,000.00; and (iv) Tenant shall comply with the provisions of this Lease and shallif such work increases the cost of insurance or taxes or of services, upon completion thereof, become the property of LandlordTenant shall pay for any such increase in cost; provided, however, that Tenant shall, within ten (10) days prior to the making of such changes, send to Landlord may, at its option, require Tenant, at Tenant’s sole cost plans and expense, specifications describing the same in reasonable detail. Tenant shall not be required to remove any such additions, alterations, changes additions or improvements at the expiration or sooner termination of this Lease, and to repair any damages to the Leased Premises caused by such removal provided for which Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord consent is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereof.required under this Section 5.16.B.

Appears in 2 contracts

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

Alterations. Tenant shall not make additions, no alterations, changes additions or improvements in to the Premises (whether structural or to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises non-structural) without the Landlord's prior written consent of Landlordconsent, which consent may be withheld for any reason. If any alteration, addition or improvement is made by Tenant without such consent, Landlord shall not be unreasonably withheldhave the right to require Tenant to remove the same at any time during the Term. In the event that Landlord consents to such additions, If Tenant shall request Landlord's consent for any alterations, changes additions or improvements, then all additionsTenant shall submit detailed plans, specifications and an itemized budget for making such alterations, changes additions or improvements improvements. Landlord may impose any conditions to any consent as Landlord shall in its discretion deem to be necessary or advisable, including without limitation the hours when work may be performed. Any approved alteration, addition or improvement shall be constructed made only by contractors or mechanics approved by Landlord. Tenant shall provide Landlord with as-built plans and specifications for any alterations, additions or improvements. Tenant covenants and agrees that all work done by Tenant shall be performed in full compliance with all laws, rules, orders, ordinances, regulations, permits and requirements of any insurance rating bureau used by insurers selected to carry Landlord's insurance, and of any similar body. Tenant shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant at Tenant’s or for use on the Premises, which claims are or may be secured by any mechanics or materialmen's lien against the Premises or any interest therein. If Tenant shall, in good faith, contest the validity of any such lien, claim or demand, then Tenant shall, at its sole expense defend and protect itself, Landlord, and the Premises against the same and shall pay and satisfy any such adverse judgment that may be rendered thereon before the enforcement thereof against the Landlord or the Premises. In addition, Landlord may require Tenant to pay Landlord's attorneys' fees and costs in participating in such action if Landlord shall decide it is to its best interest to do so. Before commencing any work, Tenant shall give Landlord at least ten (10) days written notice of the proposed commencement of such work and shall, upon completion thereofif required by Landlord, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, secure at Tenant’s sole 's own cost and expense, a completion and lien indemnity bond satisfactory to remove any Landlord for said work and such additionsother comprehensive general public liability insurance, alterationsbuilders risk insurance, changes or improvements at the expiration or sooner termination of this Lease, and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performedinsurance coverages so as to protect the insurable interests of Landlord, material furnishedTenant, or obligations incurred contractors and subcontractors in amounts and on forms as may be requested by Tenant or at Landlord. Landlord may enter upon the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of in such work immediately after such lien attaches or payment case, for the labor or material is due. Notice is hereby given to all Tenant’s contractorspurpose of posting appropriate notices, subcontractorsincluding, materialmen or suppliers that Landlord is but not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premiseslimited to, Property or Park as a result thereofnotices of non-responsibility.

Appears in 2 contracts

Sources: Office Building Lease (Maxim Pharmaceuticals Inc), Office Lease Agreement (Maxim Pharmaceuticals Inc)

Alterations. Tenant shall not make additionsnot, alterations, changes or improvements in or to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises without the prior written consent of Landlordconsent, which consent shall not be unreasonably withheld, of Landlord in each instance, make any alterations, improvements, or additions to the Premises. In the event that Landlord shall not grant such consent until Landlord has had an opportunity to review Tenant's plans and specifications for such alterations, improvements or additions. If Landlord consents to such said alterations, improvements, or additions, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation insurance against liabilities which may arise out of such work, revisions to the plans and specifications for such work and permits necessary for such work. The work necessary to make any alterations, changes or improvements, then or additions to the Premises shall be done at Tenant's expense by employees of, or contractors hired by, Landlord, except to the extent Landlord gives its prior written consent to Tenant's hiring contractors. Notwithstanding the foregoing, Tenant may hire its own contractors to install mill work, telecommunications equipment and food service facilities in the Premises. Tenant shall promptly pay to Landlord or to Tenant's contractors, as the case may be, when due, the cost of all additions, such work and of all decorating required by reason thereof. Tenant will also pay to Landlord an amount equal to five percent (5%) of all of the costs of such work to reimburse Landlord for its overhead and construction management services allocable to such work and all out-of-pocket costs incurred by Landlord in reviewing plans and specifications for said alterations, changes improvements or improvements additions. Upon completion, Tenant shall deliver to Landlord, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services or materials. Tenant shall defend and hold Landlord and the holder of any legal or beneficial interest in the land or Building harmless from all costs, damages, liens, and expenses related to such work. All work done by Tenant or its contractors pursuant to Sections 6 or 11 hereof shall be constructed at Tenant’s sole expense done in a first-class workmanlike manner using only good grades of materials and shallshall comply with all insurance requirements and ail applicable laws and, upon ordinances and rules and regulations of governmental departments or agencies and the rules and regulations adopted by the Landlord for the Building. Within thirty (30) days after substantial completion thereofof any such work by Tenant or its contractors, become the property Tenant shall furnish to Landlord "as built" drawings of Landlord; provided, however, such work. Landlord may, at its option, require Tenant, at Tenant’s sole cost and expense, agrees that Tenant shall not be required to remove any alteration, improvement or addition made to the Premises in compliance with this Section 6 unless Landlord has advised Tenant in writing prior to installation of such additionsalteration, alterations, changes improvement or improvements at the addition that landlord's consent to such installation is conditioned upon Tenant's agreement to remove same upon expiration or sooner termination of this the Lease, and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereof.

Appears in 2 contracts

Sources: Office Lease (Hewitt Holdings LLC), Office Lease (Hewitt Associates Inc)

Alterations. (a) Tenant shall not may make additions, alterations, changes additions or improvements in or (collectively, "Alterations") to any structural components or the exterior of the Leased Premises or which reduce install fixtures in the value of the Leased Premises without the prior written consent of after first obtaining Landlord's consent, which consent shall not be unreasonably withheld; provided however, that it shall be deemed reasonable for Landlord to withhold its consent if: (a) the cost of the work will exceed Two Hundred Fifty Thousand Dollars ($250,000) (b) a building permit will be required; or (c) if there will be any material modifications to any exterior or structural components of the Building or any of the Building's operating systems, including, without limitation, heating, ventilating, air conditioning, plumbing, electrical, and other operating systems. Notwithstanding the foregoing, Tenant may make any Alterations which are cosmetic (e.g. minor painting, changes of floor coverings or wall coverings, installation of artwork or decorations, etc.), without Landlord's consent being required, provided such cosmetic alterations do not require a building permit and do not effect the exterior of the Building or the structural or mechanical components of the Building. Upon Tenant's written request for Landlord's consent to certain Alterations pursuant to this Section, Landlord shall have thirty (30) days from the date on which Landlord receives all information reasonably required by Landlord for Landlord's review of said request to provide Tenant with notice of Landlord's consent or withholding of consent to Tenant's request (along with a written description of Landlord's reason(s) for withholding of consent, if applicable). In the event that Landlord consents elects to and has a right to oversee (or cause to be overseen) Tenant's requested Alteration(s), Landlord shall provide Tenant with notice of such election within said thirty (30) day period. In connection with Tenant's request for Landlord's consent under this Lease, Tenant shall pre-pay to Landlord the sum of Two Hundred Fifty Dollars ($250.00) for Landlord's review of applicable documents and plans. Tenant also shall reimburse Landlord for any third-party costs and expenses incurred or to be incurred by Landlord related to such additionsreview within ten (10) days of receipt of Landlord's statement therefor. Furthermore, in the event Landlord may elect to oversee, or cause to be overseen, such Alterations, Landlord shall be entitled to receive a fee for such oversight in an amount equal to three (3%) of the cost of such alterations, changes additions or improvements. Landlord's review and approval of Tenant's plans and specifications for any work performed for or on behalf of Tenant shall not be deemed to be a representation by Landlord that such plans and specifications comply with applicable insurance requirements, then all additionsbuilding codes, alterationsordinances, changes laws or improvements shall regulations including, without limitation, the provisions of the Americans With Disabilities Act, 42. U.S.C. 12101 et seq. and any governmental regulations with respect thereof (the "ADA") and Title 24 of the California Administrative Code ("Title 24"), and other similar federal, state, and local laws and regulations or that the Alterations are constructed in accordance with such plans and specifications or that such plans and specifications will be constructed at adequate for Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; provided's use. In no event, however, may the Tenant make any Alterations or install fixtures which, in Landlord's reasonable judgment, might adversely affect the structural components of the Building or Building mechanical, utility or life safety systems. At the time such consent is requested, Tenant shall furnish to Landlord maya description of the proposed work, an estimate of the cost thereof and such information as shall reasonably be requested by Landlord substantiating Tenant's ability to pay for such work. Landlord, at its sole option, may require Tenantas a condition to the granting of such consent to any work costing in excess of Five Hundred Thousand Dollars ($500,000), that Tenant provide to Landlord, at Tenant’s 's sole cost and expense, a lien and completion bond in an amount equal to remove one and one-half (1-1/2) times any such additionsand all estimated costs of the proposed work, alterations, changes or improvements at the expiration or sooner termination of this Lease, to insure Landlord against any liability for mechanics' and materialmen's liens and to repair insure completion of the work. Before commencing any damages to work, Tenant shall give Landlord at least twenty (20) days written notice of the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result proposed commencement of such work immediately after in order to give Landlord an opportunity to prepare, post and record such lien attaches or payment for the labor or material is due. Notice is hereby given notice as may be permitted by law to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect protect Landlord’s 's interest in the Leased Premises and the Building from mechanics' and materialmen's liens. Within a reasonable period following completion of any work for which plans and specifications were required to obtain a building permit for such work, Tenant shall furnish to Landlord "as built" plans showing the changes made to the Premises, Property or Park as a result thereof.

Appears in 2 contracts

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

Alterations. A. Tenant shall not make additions, alterations, changes or improvements allow to be made (except as otherwise provided in this Lease Agreement) any alterations or physical additions (including fixtures) in or to any structural components or the exterior of the Leased Premises Premises, or which reduce the value of place safes, vaults or other heavy furniture or equipment within the Leased Premises Premises, without first obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. In addition, Tenant shall not be permitted to take x-rays or core drill or penetrate the event that floor of the Leased Premises or any other floor of the Building without first obtaining the Landlord’s consent. The cost of any consultant or engineer hired by Landlord consents in connection with such work undertaken by Tenant shall be paid for by Tenant as additional rent hereunder. Tenant shall submit requests for consent to make alterations or physical additions together with copies of the plans and specifications for such alterations. Subsequent to obtaining Landlord’s consent and prior to commencement of construction of the alterations or physical additions, Tenant shall deliver to Landlord the building permit, a copy of the executed construction contract covering the alterations and physical additions and evidence of contractor’s and subcontractor’s insurance, such insurance being with such companies, for such periods and in such amounts as Landlord may reasonably require, naming the Landlord Parties (as defined on Exhibit I) as additional insureds. Tenant shall pay to Landlord upon demand a review fee in the amount of Landlord’s actual costs incurred to compensate Landlord for the cost of review and approval of the plans and specifications and for additional administrative costs incurred in monitoring the construction of the alterations. Tenant shall deliver to Landlord a copy of the “as-built” plans and specifications for all alterations or physical additions so made in or to the Leased Premises, and shall reimburse Landlord for the cost incurred by Landlord to update its current architectural plans for the Building. B. Tenant shall indemnify, defend (with counsel reasonably acceptable to Landlord) and hold harmless the Landlord Parties from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, changes additions or improvementsimprovements made by Tenant to the Leased Premises, then all additions, including but not limited to any mechanics’ or materialmen’s liens asserted in connection therewith. C. Tenant shall not be deemed to be the agent or representative of Landlord in making any such alterations, changes physical additions or improvements to the Leased Premises, and shall have no right, power or authority to encumber any interest in the Complex in connection therewith other than Tenant’s leasehold estate under this Lease Agreement. However, should any mechanics’ or other liens be filed against any portion of the Complex or any interest therein (other than Tenant’s leasehold estate hereunder) by reason of Tenant’s acts or omissions or because of a claim against Tenant or its contractors, Tenant shall cause the same to be canceled or discharged of record by bond or otherwise within ten (10) days after notice by Landlord. If Tenant shall fail to cancel or discharge said lien or liens, within said ten (10) day period, which failure shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become deemed to be an Event of Default hereunder without the property necessity of Landlord; provided, howeverany further notice, Landlord may, at its optionsole option and in addition to any other remedy of Landlord hereunder, require cancel or discharge the same and upon Landlord’s demand, Tenant shall promptly reimburse Landlord for all costs incurred in canceling or discharging such lien or liens. D. Tenant shall cause all alterations, physical additions, and improvements (including fixtures), constructed or installed in the Leased Premises by or on behalf of Tenant to comply with all applicable governmental codes, ordinances, rules, regulations and laws. Tenant acknowledges and agrees that neither Landlord’s review and approval of Tenant’s plans and specifications nor its observation or supervision of the construction or installation thereof shall constitute any warranty or agreement by Landlord that same comply with such codes, ordinances, rules, regulations and laws or release Tenant from its obligations under this Section 10.D. E. Tenant shall be wholly responsible for any accommodations or alterations that are required by applicable governmental codes, ordinances, rules, regulations and laws to be made to the Leased Premises to accommodate disabled employees and customers of Tenant, including, without limitation, compliance with the Americans with Disabilities Act (42 U.S.C. §§ 12101 et seq.) and the Texas Architectural Barriers Act (Tex.Rev.Civ.Stat. Art 9201) (collectively, the “Accommodation Laws”). Except to the extent provided below, Landlord shall be responsible for making all accommodations and alterations to the Common Areas of the Building necessary to comply with the Accommodation Laws. Notwithstanding the foregoing, Landlord may perform, at Tenant’s sole cost and expense, any accommodations or alterations that are required by the Accommodation Laws to remove any such additions, alterations, changes area outside of the Leased Premises which are triggered by any alterations or improvements at the expiration or sooner termination of this Lease, and to repair any damages additions to the Leased Premises caused by and Tenant shall reimburse Landlord for such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify cost and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereofexpense upon demand.

Appears in 1 contract

Sources: Lease Agreement (Georesources Inc)

Alterations. Tenant shall not have the right, at any time during the term hereof, without the written consent of Landlord but upon ten (10) days prior written notice to Landlord by Tenant of its intention so to do, to make additions, alterations, changes or improvements in or to the Premises or any part thereof as Tenant may from time to time during the term hereof deem necessary or desirable; provided, however, that Tenant agrees not to make any additions, alterations, changes or improvements (a) in excess of Three Thousand Dollars ($3,000.00) or (b) which affect the structure, structural components strength, or outward appearance of the Premises or the exterior of the Leased Premises or which reduce the value of the Leased Premises building, without the prior written consent of Landlord, which consent shall not be unreasonably withheld. In the event that Landlord consents to such additions, alterations, changes or improvements, then all Any additions, alterations, changes or improvements shall which may be constructed at Tenant’s sole expense and made in or to the Premises by Tenant during the term hereof shall, upon completion thereof, become the property of Landlord; provided, however, Landlord may, may at its option, require Tenant, at Tenant’s 's sole cost and expense, to remove any such additions, alterations, changes or improvements at the expiration or sooner termination of this Leasethe term hereof, and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approvalremoval. Tenant hereby agrees to indemnify and defend indemnifies Landlord against, and shall keep the Leased PremisesPremises and Shopping Center free from, Property and Park free from any/all mechanics’ mechanics liens and or other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased PremisesPremises or the Shopping Center. Landlord hereby reserves the right, at any time and from time to time during the term hereof, to make any additions, alterations, changes or improvements (including without limitation, building additional stories) on, in or to the building in which the Premises are contained, and agrees to obtain build additional structures adjoining thereto. Landlord also reserves the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given right to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit construct other buildings and no mechanics’ or other liens shall attach to or affect Landlord’s interest improvements in the Leased PremisesShopping Center from time to time and at any time during the term hereof, Property and to make alterations thereof or Park as a result thereofadditions thereto and to build additional stories on any such building or buildings and to build adjoining same and to construct doubledeck or elevated parking facilities.

Appears in 1 contract

Sources: Shopping Center Lease (Resolve Staffing Inc)

Alterations. (a) Tenant shall make no improvements, changes or alterations in or to the Premises (“Alterations”) without Landlord’s prior approval. Landlord shall not unreasonably withhold its approval to any Alteration. (b) Tenant, in connection with any Alteration, shall comply with the Alteration Rules and Regulations set forth in the Tenant Manual. Other than with respect to purely decorative painting, wall-covering and finish work which does not require the preparation and filing of plans to obtain a building permit, Tenant shall not make additions, alterations, changes proceed with any Alteration unless and until Landlord approves Tenant’s plans and specifications therefor. Any review or improvements in or approval by Landlord of plans and specifications with respect to any structural components Alteration is solely for Landlord’s benefit, and without any representation or warranty to Tenant with respect to the exterior of the Leased Premises adequacy, correctness or which reduce the value of the Leased Premises without the prior written consent of Landlordefficiency thereof, which consent shall not be unreasonably withheldits compliance with Laws or otherwise. In any instance in which Landlord’s approval shall be required with respect to the event performance of any Alterations, Landlord agrees that Landlord consents to such additionsshall, alterations, changes or improvements, then all additions, alterations, changes or improvements shall be constructed at within ten (10) Business Days following receipt of complete and coordinated final Tenant’s sole expense and shall, upon completion thereof, become plans for the property of Landlord; provided, however, Landlord may, at its option, require Tenant, at Tenant’s sole cost and expense, to remove any such additions, alterations, changes or improvements at the expiration or sooner termination of this Lease, and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant performance of such requirement at the time Alterations, advise Tenant of Landlord’s approvalapproval or disapproval of such plans or any part thereof. Tenant hereby agrees If Landlord shall fail to indemnify and defend Landlord againstapprove or disapprove Tenant’s plans or any part thereof within such 10 Business Day period, and such failure shall keep continue for a period of two (2) Business Days after notice from Tenant stating in bold typeface that Landlord has failed to so approve or disapprove Tenant’s plans and that failure to approve or disapprove of Tenant’s plans within such 2-Business Day period shall be deemed approval thereof. Landlord shall be deemed to have approved such plans. If Landlord shall disapprove such plans (or any part thereof), Landlord shall set forth its reasons for such disapproval in writing and in reasonable detail. (c) Tenant shall pay to Landlord upon demand Landlord’s out-of-pocket costs and expenses (including, without limitation, the Leased Premisesfees of any architect, Property engineer, consultant or agent employed by Landlord or any Superior Lessor or Superior Mortgagee for such purpose) for reviewing plans and Park free from all specifications and inspecting Alterations (i) up to a maximum amount of $0.50 per rentable square foot contained in the Premises in the case of Tenant’s initial Alterations, (ii) up to a maximum amount of $0.50 per rentable square foot of the affected area of the Premises in the case of any subsequent Alterations having a cost of $100,000 or more, and (iii) up to a maximum amount of $1,500 in the case of any such subsequent Alterations having a cost of less than $100,000. (d) Before proceeding with any Alteration (other than Tenant’s initial Alterations) that will cost more than (1) $250,000, if Tenant is then leasing three or more whole floors in the Building or (2) $100,000, if Tenant Is then leasing less than three whole floors in the Building (in each case exclusive of the costs of decorating work and items constituting Tenant’s Property), as estimated by a reputable contractor designated by Landlord, Tenant shall furnish to Landlord one of the following (as selected by Landlord): (i) a cash deposit, (ii) a performance bond and a labor and materials payment bond (issued by a corporate surety licensed to do business in New York reasonably satisfactory to Landlord) or (iii) an irrevocable, unconditional, negotiable letter of credit, issued by a bank and in a form satisfactory to Landlord; each to be equal to 110% of the cost of the Alteration, estimated as set forth above. Any such letter of credit shall be for one year and shall be renewed by Tenant each and every year until the Alteration in question is completed and shall be delivered to Landlord not less than 30 days prior to the expiration of the then current letter of credit, failing which Landlord may present the then current letter of credit for payment and hold the proceeds thereof as a cash deposit. Upon (A) the completion of the Alteration in accordance with the terms of this Section 4.01 and (B) the submission to Landlord of (x) proof evidencing the payment in full for said Alteration, (y) written unconditional lien waivers of mechanics’ liens and other liens on the Project from all contractors performing said Alteration and (z) all submissions required pursuant to Exhibit C attached hereto, the security deposited with Landlord (or the balance of the proceeds thereof, if Landlord has drawn on the same) shall be returned to Tenant; provided, that if Tenant shall be diligently prosecuting the resolution of a dispute in good faith with any contractor who performed any portion of said Alteration, and shall furnish to Landlord evidence of the same, then, subject to compliance with the other provisions of this sentence, the security deposited with Landlord (or the balance of the proceeds thereof, if Landlord has drawn on the same) shall be returned to Tenant less an amount equal to 125% of the amount in dispute. Upon Tenant’s failure properly to perform, complete and/or fully pay for any Alteration, as determined by Landlord, Landlord may, upon 5 days prior notice to Tenant (except in the case of any emergency, in which case Landlord shall not be required to provide such liens arising from prior notice to Tenant), draw on the security deposited under this Section 4.01(d) to the extent Landlord deems necessary in connection with Tenant’s failure to pay for said Alteration, the restoration and/or protection of the Premises or the Project and the payment of any work performedcosts, material furnisheddamages or expenses resulting therefrom. (e) Tenant shall obtain (and furnish copies to Landlord of) all necessary governmental permits and certificates for the commencement and prosecution of Alterations and for final approval thereof upon completion, and shall cause Alterations to be performed in compliance therewith, and in compliance with all Laws and with the plans and specifications approved by Landlord. In connection with Tenant’s obtaining all such governmental permits and certificates or obligations incurred such final approval, Landlord shall cooperate with Tenant to the extent reasonably requested by Tenant or at to the direction of extent required by applicable Laws; provided, that Tenant shall reimburse Landlord for any expenses incurred in such cooperation, as Additional Charges, within twenty (20) days after demand and Landlord shall have no liability to Tenant or otherwise in connection with Tenant’s failure to obtain such permits, certificates or approval. Alterations shall be diligently performed in a good and workmanlike manner, using new materials and equipment at least equal in quality and class to the Leased Premisesthen standards for the Building established by Landlord. Alterations shall be performed by contractors, engineers, architects and consultants approved by Landlord (which approval shall not be unreasonably withheld or delayed), and agrees to obtain who are harmonious and compatible with the discharge contractors and labor employed by Landlord or otherwise working in the Building; provided, that any Alterations that would affect the “Class E”, mechanical or electrical systems of the base Building shall be performed only by the contractor(s) designated by Landlord. The performance of any lien Alteration shall not be done in a manner which attaches as a result would violate Landlord’s union contracts affecting the Project, or create any work stoppage, picketing, labor disruption, disharmony or dispute or any interference with the business of Landlord or any tenant or occupant of the Building. Tenant shall immediately stop the performance of any Alteration if Landlord notifies Tenant that continuing such Alteration would violate Landlord’s union contracts affecting the Project, or create any work immediately after such lien attaches stoppage, picketing, labor disruption, disharmony or payment for dispute or any interference with the labor business of Landlord or material is due. Notice is hereby given to any tenant or occupant of the Building. (f) Throughout the performance of Alterations, Tenant shall carry worker’s compensation insurance in statutory limits, “all Tenant’s contractorsrisk” Builders Risk coverage and general liability insurance, subcontractorswith completed operation endorsement, materialmen or suppliers that Landlord is not liable for any labor occurrence in or materials about the Project, under which Landlord and its agent and any Superior Lessor and Superior Mortgagee whose name and address have been furnished to Tenant shall be named as parties insured, in such limits as Landlord may reasonably require, with insurers reasonably satisfactory to Landlord. Tenant shall furnish Landlord with evidence that such insurance is in effect at or before the commencement of Alterations and, on credit and no request, at reasonable intervals thereafter during the continuance of Alterations, (g) Should any mechanics’ or other liens be filed against any portion of the Project by reason of the acts or omissions of, or because of a claim against, Tenant or anyone claiming under or through Tenant, Tenant shall attach cause the same to be canceled or affect discharged of record by bond or otherwise within 30 days after notice from Landlord. If Tenant shall fail to cancel or discharge said lien or liens within said 30 day period, Landlord may cancel or discharge the same and, upon Landlord’s demand, Tenant shall reimburse Landlord for all costs incurred in canceling or discharging such liens, together with interest thereon at the interest Rate from the date incurred by Landlord to the date of payment by Tenant, such reimbursement to be made within 20 days after receipt by Tenant of a written statement from Landlord as to the amount of such costs. Tenant shall indemnify and hold Landlord harmless from and against all costs (including, without limitation, reasonable attorneys’ fees and disbursements and costs of suit), losses, liabilities or causes of action arising out of or relating to any Alteration, including, without limitation, any mechanics’ or other liens asserted in connection with such Alteration. (h) Tenant shall deliver to Landlord, within 30 days alter the completion of an Alteration, “as-built” drawings thereof. During the Term and for a period of 3 years commencing on the Expiration Date, Tenant shall keep records of Alterations costing in excess of $5,000 including plans and specifications, copies of contracts, invoices, evidence of payment and all other records customarily maintained in the Leased Premisesreal estate business relating to Alterations and the cost thereof and shall, Property within 30 days after demand by Landlord, furnish to Landlord copies of such records. (i) All Alterations to and Fixtures installed by Tenant in the Premises shall be fully paid for by Tenant in cash and shall not be subject to conditional bills of sale, chattel mortgages, or Park as a result thereofother title retention agreements.

Appears in 1 contract

Sources: Lease (Thomas Weisel Partners Group, Inc.)

Alterations. Tenant shall not make additions, any alterations, changes additions or improvements in or to any structural components or the exterior of Premises (collectively, the Leased Premises or which reduce the value of the Leased Premises “Alterations”) without the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Premises, and Alterations that both (i) have an aggregate cost not in excess of $20,000, and (ii) do not require a construction permit. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord’s consent to any Alterations if the desired Alterations: (i) will affect the Building’s Systems or Building’s Structure; or (ii) will require the filing of plans and specifications with any governmental or quasi-governmental agency or authority; or (iii) will cost in excess of Ten Thousand Dollars ($10,000.00). Subsequent to obtaining Landlord’s consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by applicable Law and a copy of the executed construction contract(s). Tenant shall (a) reimburse Landlord within ten (10) days after the rendition of a ▇▇▇▇ for all of Landlord’s actual and reasonable out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Tenant’s plans and specifications and Tenant shall pay Landlord’s designated construction manager for the Building (herein called “Landlord’s Construction Manager”) a general supervision fee as compensation for general oversight and coordination by Landlord’s Construction Manager equal to three percent (3%) of the aggregate cost of such Alterations (but not in any event greater than $10,000 per Alterations project). Prior to commencing such Alterations, Tenant (i) shall furnish Landlord with an estimate of the cost of such Alterations (which estimate shall be unreasonably withheldsubject to Landlord’s reasonable review and approval), and (ii) shall pay to Landlord’s Construction Manager the estimated amount of the general supervision fee described in the preceding sentence (which amount shall be adjusted upon completion of the Alterations to reflect the actual cost thereof, any excess general supervision fee previously paid to be promptly refunded to Tenant). In the event that If Landlord consents to the making of any Alteration, such additions, alterations, changes or improvements, then all additions, alterations, changes or improvements Alteration shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, made by Tenant at Tenant’s sole cost and expenseexpense by a contractor approved in writing by Landlord. Landlord shall be entitled to require Tenant to use Landlord’s designated contractors for any part of such Alteration affecting the Building’s Systems. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may reasonably require. Without Landlord’s prior written consent, Tenant shall not use any portion of the Common Areas either within or without the Project or Complex, as applicable, in connection with the making of any Alterations. If the Alterations which Tenant causes to remove be constructed result in Landlord being required to make any alterations and/or improvements to other portions of the Project or Complex, as applicable, in order to comply with any applicable Laws, then Tenant shall reimburse Landlord upon demand for all costs and expenses incurred by Landlord in making such additionsalterations and/or improvements, alterationsprovided Landlord has advised Tenant in writing at the time Landlord consents to said Alterations of such required alterations and/or improvements and the costs and expenses associated with same. Any Alterations made by Tenant shall become the property of Landlord upon installation and shall remain on and be surrendered with the Premises upon the expiration or sooner termination of this Lease, changes or improvements unless such Alterations require Landlord’s approval and at the time such approval is granted Landlord notifies Tenant that Landlord shall require the removal thereof at the expiration or sooner termination of this Lease. Notwithstanding the foregoing, unless Landlord notifies Tenant prior to the expiration or earlier termination of the Lease that removal is not required, Tenant shall in any event be required to remove Cable (as defined in Section 8(b) below). With respect to such required removal of any such Alterations, Tenant shall at its sole cost and expense, forthwith and with all due diligence (but in any event not later than ten (10) days after the expiration or earlier termination of the Lease) remove all or any portion of any Alterations made by Tenant which are designated by Landlord to be removed and repair and restore the Premises in a good and workmanlike manner to their original condition, reasonable wear and tear excepted. All construction work done by Tenant within the Premises shall be performed in a good and workmanlike manner with new materials of first-class quality, lien-free and in compliance with all Laws and insurance requirements, and in such manner as to repair cause a minimum of interference with other construction in progress and with the transaction of business in the Project or Complex, as applicable. Tenant agrees to indemnify, defend and hold Landlord harmless from and against any damages to and all loss, liability, damage cost or expense (including, without limitation, attorney’s fees and disbursements and court costs) resulting from such work. The foregoing indemnity shall survive the Leased Premises caused by such removal provided Landlord has informed Tenant expiration or earlier termination of such requirement at the time of this Lease. Landlord’s approval. Tenant hereby agrees consent to indemnify or approval of any alterations, additions or improvements (or the plans therefor) shall not constitute a representation or warranty by Landlord, nor Landlord’s acceptance, that the same comply with sound architectural and/or engineering practices or with all applicable Laws and defend Landlord againstinsurance requirements, and Tenant shall keep the Leased Premisesbe solely responsible for ensuring all such compliance. Subject to Landlord’s review and approval rights set forth above (which approval shall not be unreasonably withheld, Property and Park free from all mechanics’ liens and other such liens arising from any work performedconditioned or delayed so long as proposed renovations are, material furnishedas reasonably determined by Landlord, or obligations incurred by Tenant or at the direction of Tenant in connection consistent with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers those that Landlord is not liable for any labor or materials furnished completing in other common bathrooms at the Project), Tenant shall be entitled to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest renovate the bathrooms located in the Leased Premises, Property or Park as Premises in a result thereofmanner and style desired by Tenant.

Appears in 1 contract

Sources: Office Lease Agreement (Kid Brands, Inc)

Alterations. Tenant shall not make Any alterations, additions, alterations, changes or improvements in made by or on behalf of A&M SYSTEM to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises without the (“Alterations”) shall be subject to LANDLORD’s prior written consent of Landlord, which consent consent. A&M SYSTEM shall not be unreasonably withheld. In the event that Landlord consents to such additions, alterations, changes or improvements, then all additions, alterations, changes or improvements shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord maycause, at its option, require Tenant, at Tenant’s sole cost and expense, all Alterations to remove any such additions, alterations, changes or improvements at the expiration or sooner termination of this Lease, comply with insurance requirements and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, with applicable laws and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from construct at its expense any work performed, material furnished, alteration or obligations incurred modification required by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches applicable laws as a result of such work immediately after such lien attaches or payment for the labor or material is dueany Alterations. Notice is hereby given All Alterations shall be constructed in a good and workmanlike manner by contractors reasonably acceptable to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable LANDLORD and only good grades of materials shall be used. All plans and specifications for any labor Alterations shall be submitted to LANDLORD for its approval. LANDLORD may monitor construction of the Alterations. LANDLORD’s right to review plans and specifications and to monitor construction shall be solely for its own benefit, and LANDLORD shall have no duty to see that such plans and specifications or materials furnished construction comply with applicable laws. A&M SYSTEM shall provide LANDLORD with the identities and mailing addresses of all persons performing work or supplying materials, prior to Tenant beginning such construction, and LANDLORD may post on credit and about the Premises notices of non-responsibility pursuant to applicable law. A&M SYSTEM shall provide certificates of insurance for worker’s compensation and other coverage in amounts and from an insurance company satisfactory to LANDLORD protecting LANDLORD against liability for personal injury or property damage during construction. In no mechanics’ event shall A&M SYSTEM perform any roof penetrations without LANDLORD’s prior written consent, and LANDLORD shall have the right to designate any roofing contractor having a warranty or other liens maintenance service agreement on the roof to perform such work, or otherwise approve of the contractor performing such work. Upon completion of any Alterations, A&M SYSTEM shall attach deliver to or affect Landlord’s interest in LANDLORD sworn statements setting forth the Leased names of all contractors and subcontractors who did work on the Alterations and final lien waivers from all such contractors and subcontractors. Upon surrender of the Premises, Property all Alterations and any leasehold improvements constructed by LANDLORD or Park A&M SYSTEM shall remain on the Premises as a result thereofLANDLORD’s property, except to the extent LANDLORD requires removal at A&M SYSTEM’s expense of any such items or LANDLORD and A&M SYSTEM have otherwise agreed in writing in connection with LANDLORD’s consent to any Alterations. A&M SYSTEM shall repair any damage caused by such removal.

Appears in 1 contract

Sources: Lease Agreement

Alterations. Except as set forth on Exhibit "C" attached hereto, Tenant shall not make additions, or cause to be made any alterations, changes additions or improvements in or install or cause to be installed any structural components fixtures, signs, floor coverings, interior or the exterior of the Leased Premises lighting, plumbing fixtures, or which reduce the value of shades or awnings, or make any other changes to the Leased Premises without the prior first obtaining Landlord's written consent of Landlordapproval, which consent approval shall not be unreasonably withheld. Tenant shall present to the Landlord plans and specifications for such work at the time approval is sought. In the event that Landlord consents to such the making of any alterations, additions, alterations, changes or improvements, then all additions, alterations, changes or improvements to the Leased Premises by Tenant, the same shall be constructed made by Tenant at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, at Tenant’s 's sole cost and expense. All such work with respect to any alterations, to remove any such additions, alterationsand changes shall be done in a good and workmanlike manner and diligently prosecuted to completion such that, changes or improvements at except as absolutely necessary during the expiration or sooner termination course of this Leasesuch work, and to repair any damages to the Leased Premises caused by shall at all times be a complete operating unit. Any such removal provided Landlord has informed alterations, additions, or changes shall be performed and done strictly in accordance with all laws and ordinances relating thereto. In performing the work or any such alterations, additions, or changes, Tenant shall have the same performed in such a manner as not to obstruct access to any portion of such requirement at the time Building. Any alterations, additions, or improvements to or of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property including, but not limited to, wallcovering, paneling, and Park free from all mechanics’ liens built- in cabinet work, but excepting movable furniture and other such liens arising from any work performedequipment, material furnished, or obligations incurred by Tenant or shall at once become a part of the direction of Tenant in connection realty and shall be surrendered with the Leased PremisesPremises unless Landlord otherwise elects at the end of the term hereof. Notwithstanding the above, and agrees decorating items shall not require notice to, or consent of Landlord. In the event Landlord does not respond to obtain the discharge of Tenant's written request for consent within ten (10) days, consent shall be deemed given. Landlord shall not charge any lien which attaches as a result of such work immediately after such lien attaches or payment supervisory fee for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereofalterations.

Appears in 1 contract

Sources: Lease Agreement (Tenfold Corp /Ut)

Alterations. (a) Tenant shall not make additions, no alterations, changes additions or improvements in or to any structural components or the exterior of the Leased Premises or which reduce install fixtures in the value of the Leased Premises without the prior written consent of first obtaining Landlord's consent, which consent shall not be unreasonably withheld. In no event, however, may the event that Landlord consents to such additions, Tenant make any alterations, additions or improvements or install fixtures which in Landlord's reasonable judgment might adversely affect the structural components of the Building or Building mechanical, utility or life safety systems. At the time such consent is requested, Tenant shall furnish to Landlord a description of the proposed work, an estimate of the cost thereof and such information as shall reasonably be requested by Landlord substantiating Tenant's ability to pay for such work. Landlord, at its sole option, may require as a condition to the granting of such consent to any work costing in excess of $10,000, that Tenant provide to Landlord, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to one and one- half (1 1/2) times any and all estimated costs of the proposed work, to insure Landlord against any liability for mechanics' and materialmen's liens and to insure completion of the work. Before commencing any work, Tenant shall give Landlord at least five (5) days written notice of the proposed commencement of such work in order to give Landlord an opportunity to prepare, post and record such notice as may be permitted by law to protect Landlord's interest in the Premises and the Building from mechanics' and materialmen's liens. Within a reasonable period following completion of any work for which plans and specifications were required to obtain a building permit for such work, Tenant shall furnish to Landlord "as built" plans showing the changes or improvements, then all additions, made to the Premises. (b) Any alterations, changes additions or improvements to the Premises shall be constructed made by Tenant at Tenant’s 's sole expense cost and shallexpense, upon completion thereofand any contractor or other person selected by Tenant to make the same shall be subject to Landlord's prior approval, which approval shall not be unreasonably withheld. Tenant's contractor and its subcontractors shall employ union labor to the extent necessary to insure, so far as may be possible, the progress of the alterations, additions or improvements and the performance of any other work or the provision of any services in the Building without interruption on account of strikes, work stoppage or similar causes of delay. All work performed by Tenant shall comply with the laws, rules, orders, directions, regulations and requirements of all governmental entities having jurisdiction over such work and shall comply with the rules, orders, directions, regulations and requirements of any nationally recognized board of insurance underwriters. All alterations, additions and improvements shall immediately become Landlord's property and, at the property end of Landlordthe term hereof, shall remain on the Premises without compensation to Tenant; provided, however, that if Landlord mayat the time of consenting to the making of such alterations, additions and improvements reserved the right to have Tenant remove such alterations, additions and improvements, Tenant shall, prior to the end of the term, at its option, require Tenant, at Tenant’s sole cost and expense, to remove any such additions, the alterations, changes or additions and improvements and repair and restore the Premises to their condition at the expiration or sooner termination commencement of this Lease, and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereofterm.

Appears in 1 contract

Sources: Office Lease (Intek Information Inc)

Alterations. Tenant shall not make additionsnot, alterations, changes or improvements in or to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises without the Landlord's prior written consent of Landlordconsent, which consent shall not be unreasonably withheld. In the event that Landlord consents to such additions, make any alterations, changes or improvements, then additions or utility installations in, on or about the Premises or the Building without Landlord's prior written consent, which may be denied in the sole and absolute discretion of Landlord. As used in this Section 11.4, the term "utility installation" shall mean power panels, electrical distribution, systems, lighting fixtures, space heaters, air-conditioning, computer lines, plumbing and fences. Landlord may require that Tenant remove any or all additions, of such alterations, changes improvements, additions or improvements shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, at Tenant’s sole cost and expense, to remove any such additions, alterations, changes or improvements utility installations at the expiration or sooner termination of the Terms of this Lease, and restore the Premises or the Building to repair their prior condition. Should Tenant make any damages alterations, improvements, additions or utility installments without the prior approval of Landlord, Landlord may require that Tenant remove any or all of the same upon written demand and restore the Premises or the Building to their prior condition. Any alterations, improvements, additions or utility installments in, or about the Premises or the Building that Tenant shall desire to make and which require the consent of the Landlord shall be presented to Landlord in written form, with proposed detailed plans. Landlord may, as a condition of its consent, require Tenant to make revisions in and to the Leased Premises caused by such removal provided plans and to post a bond or other reasonably satisfactory to Landlord has informed Tenant to insure the completion of such requirement change. If Landlord shall give its consent, the consent shall be deemed conditioned upon Tenant, at Tenant's expense, acquiring a permit to do so from appropriate governmental agencies, the time furnishing of Landlord’s approvala copy thereof to Landlord prior to the commencement of the work and the compliance by Landlord of all conditions of such permit in a prompt and expeditious manner. Landlord reserves the right to require its space planners, architects, engineers and contractors to perform all or a portion of the proposed alterations, improvements, additions and utility installations to the Premises, or the Building, at Tenant's sole cost and expense. Tenant hereby agrees to indemnify and defend Landlord againstshall pay, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment claims for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished or alleged to Tenant on credit and no mechanics’ or other liens shall attach have been furnished to or affect Landlord’s interest for Tenant at or for use in the Leased Premises, Property or Park the Building, which claims are or may be secured by any mechanic's lien against the Premises or the Building or any interest therein. Tenant shall give Landlord nor less than ten (10) days' notice prior to the commencement of any work, and Landlord shall have the right to post notices of nonresponsibility as provided by law. If Tenant shall, in good faith, contest the validity of any such lien, claim or demand, then Tenant shall, at its sole expense, defend itself, Landlord, the Premises and the Building, upon the condition that if Landlord shall require, Tenant shall furnish to Landlord a result thereof.surety bond satisfactory to Landlord in an amount equal to such contested lien claim or demand indemnifying Landlord and Tenant against liability for the same and holding the Premises and the Building free from the effect of such lien or claim. In addition, Landlord may require Tenant to pay Landlord's attorney's fees and costs in participating in such action if Landlord shall decide it is to its best interest to do so. Unless Landlord requires the removal as set forth in this Section 11.4, all alterations, improvements, additions, and utility installations shall become the property of Landlord and remain upon and be surrendered with the Premises at the expiration of the Term. Notwithstanding the provisions of this Section 11.4, Tenant's machinery and equipment, other than that which is affixed

Appears in 1 contract

Sources: Lease Agreement (800 Travel Systems Inc)

Alterations. Tenant shall may not make my changes, additions, alterations, changes improvements or additions to the Premises or attach or affix any articles thereto without Landlord’s prior written consent. All alterations, additions, or improvements in which may be made upon the Premises by Landlord or to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises without the prior written consent of Landlord, which consent Tenant (except unattached trade fixtures and office furniture and equipment owned by Tenant) shall not be unreasonably withheldremoved by Tenant, but shall become and remain the property of Landlord. In the event that Landlord consents to such additions, All alterations, changes or improvements, then all additions, alterations, changes or improvements and additions to the Premises (as permitted by Landlord) shall be constructed done only by Landlord or contractors or mechanics approved by Landlord, and shall be at Tenant’s sole expense and shallat such times and in such manner as Landlord may approve. If Tenant shall make any alterations, upon completion thereof, become improvements or additions to the property of Landlord; provided, howeverPremises, Landlord may, at its option, may require Tenant, at Tenant’s sole cost and expense, to remove any such additions, alterations, changes or improvements at the expiration or sooner termination of this Lease, and to repair any damages restore the Premises to substantially the Leased Premises caused by such removal provided some condition as existed at the commencement of the Term. Any mechanics or materialmen’s lien for which Landlord has informed Tenant received a notice of such requirement at intent to file or which has been filed against the time Premises or the Building arising out of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord againstwork done for, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant on credit within ten (10) days following the earlier of the date Landlord receives (1) notice of intern to file a lien or (2) notice that the lien has been filed. If Tenant fails to discharge, bond over, or otherwise satisfy any such lien, Landlord may do so at Tenant’s expense, and no mechanicsthe amount expended by Landlord, including reasonable attorneys’ or other liens fees, shall attach to or affect be paid by Tenant within ten (10) days following Tenant’s receipt of a ▇▇▇▇ from Landlord’s interest in the Leased Premises, Property or Park as a result thereof.

Appears in 1 contract

Sources: Medical Office Building Lease (LifeCare Holdings, Inc.)

Alterations. After construction of the Building by Landlord and completion of fixtures and interior improvements by Tenant, Tenant shall not make alterations in or additions to the Building unless Tenant has obtained Landlord's written permission to do so, and subject to Tenant's not being in default hereunder and subject to furnishing Landlord with acceptable plans and specifications, 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 claims, costs, liabilities, and expenses which may arise in connection with said alterations or additions. As a further condition to Landlord's consent to said alterations or additions, alterationsTenant shall advise all subcontractors, changes or improvements in or to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises without the prior written consent of Landlordsuppliers, which consent materialmen, and laborers that they shall not be unreasonably withheldhave the right to file a Mechanic's Lien against the Building and property owned by the Landlord. In Whether the event that Tenant furnished the Landlord consents to such additionsthe foregoing or not, alterations, changes or improvements, then all additions, alterations, changes or improvements shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, at Tenant’s sole cost and expense, to remove any such additions, alterations, changes or improvements at the expiration or sooner termination of this Lease, and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend hold the Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising harmless from any and all liabilities of every kind and description which may arise out of or be conducted in any way with said alterations or additions. Before commencing any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with alterations or additions, the Leased PremisesTenant, if requested by Landlord, shall furnish the Landlord with certificates of insurance from all contractors performing labor or furnishing materials insuring the Landlord against any and all liabilities which may arise out of or be connected in any way with said additions or alterations. The Tenant shall pay the cost of all such alterations and additions and also the cost of decorating the Building occasioned by such alterations and additions. Upon completing any alterations or additions, the Tenant, if requested by Landlord, shall furnish the Landlord with contractors' affidavits and full and final waiver of lien and receipted bills covering all labor and material expended and used. All alterations and additions shall comply with all insurance requirements and with all relevant laws, ordinances, or regulations of municipalities, counties, state, or departments and agencies thereof. All alterations and additions shall be constructed in a good and workmanlike manner and only good grades of materials shall be used. All additions, excepting removable fixtures other than light fixtures, shall become the Landlord's property and shall remain upon the Building at the termination of this Lease by lapse of time or otherwise without compensation or allowance or credit to the Tenant. If the Tenant does not remove the Tenant's fixed furniture, equipment, machinery, fixtures, and agrees all other items of personal property of every kind and description from the Building prior to obtain the discharge end of the term, however ended, which the Tenant does not have the right to remove if it is in default hereunder, then Tenant shall conclusively presumed to have conveyed the same to the Landlord under this Lease as a bill ▇▇ sale without further payment or credit by Landlord to the Tenant. All structural changes made by Tenant shall be restored to their original condition at the Tenant's expense if Landlord so requests. Tenant's violation of any lien which attaches as of the terms and conditions of this numbered paragraph 13 shall constitute a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereofdefault hereunder.

Appears in 1 contract

Sources: Three Party Agreement (Urosurge Inc)

Alterations. Section 10.1 Tenant shall not at any time during the Term make additions, alterations, changes or improvements in or any alterations to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises without the prior first obtaining Landlord's written consent of Landlordthereto, which consent Landlord shall not be unreasonably withheld. In the event that Landlord consents to such additions, alterations, changes or improvements, then all additions, alterations, changes or improvements shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlordwithhold; provided, however, that Landlord mayshall not be deemed unreasonable by refusing to consent to any alterations which are visible from the exterior of the Building or the Project, at which affect any part of the structure of the Premises, the Building or the Project, which may affect the Building Systems, which are prohibited by any underlying ground lease or mortgage or which would, in Landlord's opinion, render the Premises more difficult to lease to third parties following the expiration of the Term. Landlord shall provide its optionconsent or reasons for not consenting within seven (7) business days after receipt of the request and the information required under this Article. Notwithstanding the foregoing, and subject to the other provisions of this Article, Tenant may make non-structural alterations which do not require Tenanta building permit and which do not affect the building systems up to a cost of Twenty-Five Thousand Dollars ($25,000.00) without the necessity of obtaining Landlord's prior consent. Should Tenant desire to make any alterations to the Premises, at Tenant’s sole cost Tenant shall submit all plans and expense, specifications (meeting reasonable industry standards) for such proposed alterations to remove Landlord for Landlord's review before Tenant allows any such additionswork to commence. Landlord shall have the option of performing such alterations. Tenant shall select and use only contractors, subcontractors or other repair personnel approved by Landlord in writing in advance. Upon Tenant's receipt of written approval from Landlord and any required approval of any mortgagee or lessor of Landlord, and upon Tenant's payment to Landlord of (a) Landlord's fee for the work of Landlord and Landlord's employees and representatives in reviewing and approving such plans and specifications and (b) the fees, if any charged by any mortgagee or lessor of Landlord for such review and approval, Tenant shall have the right to proceed with the construction of all approved alterations, changes or improvements at but only so long as such alterations are in strict compliance with the expiration or sooner termination plans and specifications so approved by Landlord and with the provisions of this Lease, and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereof.Article

Appears in 1 contract

Sources: Lease Agreement (Earthlink Network Inc /De/)

Alterations. The Tenant shall not do any painting or decorating, or erect any partitions, make additions, alterations, changes or improvements any alterations in or additions to any structural components or the exterior of the Leased Demised Premises or which reduce do any nailing, boring or screwing into the value of the Leased Premises ceilings, walls or floors, without the Landlord's prior written consent in each and every instance. Unless otherwise agreed by the Landlord and Tenant in writing, all such work shall be performed either by or under the direction of the Landlord, which but at the cost of Tenant. The Landlord's decision to refuse such consent shall not be unreasonably withheldconclusive. In If the event that Landlord consents to such alterations or additions, alterationsbefore commencement of the work or delivery of any materials onto the Demised Premises or into the Building, changes the Tenant shall furnish the Landlord for approval: A. plans and specifications; B. names and addresses of contractors; C. copies of contracts; D. necessary permits; and E. indemnification in form and amount satisfactory to Landlord and certificate of insurance from all contractors performing labor or improvementsfurnishing materials, then insuring against any and all claims, costs, damages, liabilities and expenses which may arise in connection with the alterations or additions. Whether the Tenant furnishes the Landlord the foregoing or not, alterations, changes or improvements shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, at Tenant’s sole cost and expense, to remove any such additions, alterations, changes or improvements at the expiration or sooner termination of this Lease, and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord againsthold the Landlord, and shall keep its beneficiaries, 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. With respect to any mechanic's lien filed against the Leased Demised Premises, Property and Park free from all mechanics’ liens and other or the Building, for work claimed to have been furnished to the Tenant, Tenant shall either discharge such liens arising from any work performedlien record within ten (10) days thereafter, material furnishedat the Tenant's expense, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as shall post a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ surety bond or other liens security with Landlord in form and amount reasonably satisfactory to Landlord. Upon completing any alterations or additions, the Tenant shall attach to or affect Landlord’s interest in furnish the Leased Premises, Property or Park as a result thereof.Landlord with contractor's 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

Appears in 1 contract

Sources: Office Lease (Vasco Data Security International Inc)

Alterations. Tenant Tenant, at its sole cost, may install necessary trade fixtures, equipment and furniture in the Premises (it being agreed that such installation shall not make additionsbe deemed an Alteration), alterations, changes or improvements in or to provided that the installation and removal of them will not affect any structural components portion of the Project, any System or any other equipment or facilities serving the Project or any occupant. Except for any Alterations or Tenant Maintenance work that, in either instance, (a) does not exceed $10,000.00 in the aggregate, (b) is not visible from the exterior of the Leased Premises, (c) does not affect any System or any structural components of the Project, and (d) does not require penetrations into, or work within, the floor, ceiling or walls, Tenant shall not construct, nor allow to be constructed, any Alterations or Tenant Maintenance work in the Premises or which reduce on the value of the Leased Premises Project without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld. In With respect to any Alterations or Tenant Maintenance work made by or on behalf of Tenant (whether or not it requires Landlord’s consent): (a) not less than 10 days prior to commencing any Alteration or Tenant Maintenance work, Tenant shall deliver to Landlord the event plans, specifications and necessary permits for the Alteration or Tenant Maintenance work, together with certificates evidencing that Landlord consents Tenant’s contractors and subcontractors have insurance coverage to such additions, alterations, changes Landlord’s reasonable satisfaction; (b) Tenant shall obtain Landlord’s prior written approval of any contractor or improvements, then all additions, alterations, changes subcontractor; (c) the Alteration or improvements Tenant Maintenance work shall be constructed at with new materials, in a good and workmanlike manner, and in compliance with all Applicable Laws and the plans and specifications delivered to and approved by Landlord; (d) the Alteration or Tenant Maintenance work shall be completed promptly after the commencement thereof and performed in accordance with Landlord’s reasonable requirements relating to sustainability and energy efficiency; (e) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord’s review of Tenant’s sole expense plans and specifications, and of any supervision or inspection of the construction Landlord deems necessary; and (f) upon Landlord’s request Tenant shall, upon prior to commencing any Alteration or Tenant Maintenance work, provide Landlord reasonable security against liens arising out of such construction. Upon completion, Tenant shall furnish Landlord with (i) “as-built” plans (in CAD format, if requested by Landlord) for Alterations, completion thereofaffidavits and full and final waivers of lien, and (ii) the warranties from Tenant’s contractor(s), which shall be for the benefit of Landlord as well as Tenant. Any Alteration by Tenant shall be the property of Tenant until the Lease Expiration Date; at that time Tenant, at its sole cost, shall remove any Alteration(s) and repair all damage caused by the installation or removal thereof and will restore the Premises or the Project to the condition existing prior to Tenant’s Alteration; provided, however, at the Lease Expiration Date, and at Landlord’s sole option, without payment by Landlord, Landlord may require Tenant to leave any Alteration(s) at the Premises, in which event they shall become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, at Tenant’s sole cost and expense, to remove any such additions, alterations, changes or improvements at the expiration or sooner termination of this Lease, and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereof.​

Appears in 1 contract

Sources: Lease (AeroVironment Inc)

Alterations. Tenant shall Except for aesthetic or cosmetic changes that are not make additions, alterations, changes or improvements in or to any structural components or readily visible from the exterior of the Leased Premises Premises, Tenant shall not permit alterations in or which reduce the value of to the Leased Premises without unless and until Landlord has approved the prior written consent plans therefore in writing. As a condition of Landlord, which consent shall not be unreasonably withheld. In the event that Landlord consents to such additions, alterations, changes or improvements, then all additions, alterations, changes or improvements shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; provided, howeverapproval, Landlord may, at its option, may require Tenant, at Tenant’s sole cost and expense, Tenant to remove any such additions, alterations, changes or improvements at the expiration or sooner alterations and restore the Leased Premises upon termination of this Lease, which Landlord will expressly state in writing when approving said plans; otherwise, all such alterations shall at Landlord's option become a part of the realty and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time property of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the Leased Premises, Property and Park free original construction of the Building. Tenant shall indemnify Landlord from all mechanics’ liens reasonable and other such liens arising from any work performeddocumented costs, material furnishedlosses, or obligations incurred by Tenant or at the direction of Tenant expenses and reasonable attorneys' fees in connection with the Leased Premisesany construction or alteration for work performed by or on behalf of Tenant. Contractors and subcontractors authorized by Landlord to perform such alterations shall be subject to Landlord’s written consent, including any contingencies included therein. Prior to commencing any alterations performed by any contractor, Tenant or contractor shall: (a) obtain all permits, licenses, and agrees approvals required for Tenant to obtain the discharge of any lien which attaches as a result perform such work; (b) deliver to Landlord: (i) copies of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given permits, licenses, and approvals and (ii) evidence reasonably satisfactory to all Landlord that Tenant and/or Tenant’s contractor has procured workers’ compensation, general liability, and personal and property damage insurance as Landlord may reasonably require; (c) cause any such work to be performed (i) in accordance with the plans approved by Landlord and (ii) in a good and workmanlike manner and in compliance with all applicable laws; (d) ensure that all contractors, subcontractors, materialmen laborers, and suppliers performing work or suppliers that Landlord is not liable for any labor or supplying materials furnished to Tenant on credit are paid in full; and no mechanics’ or other liens shall attach to or affect Landlord(e) during the performance of Tenant’s interest in the Leased Premiseswork, Property or Park as a result thereofobserve and perform all of its obligations under this Lease.

Appears in 1 contract

Sources: Commercial Lease

Alterations. Tenant shall (a) ▇▇▇▇▇ will pay for any improvements or alterations (collectively, "Alterations") to the Leased Premises desired by ▇▇▇▇▇ and allowed pursuant to subsection (b) of this Section 7 (Alterations). ▇▇▇▇▇ will pay the invoices for such Alterations directly to the applicable vendors, contractors and other third party providers within thirty (30) days of ▇▇▇▇▇'▇ receipt of invoices showing the costs actually incurred for the purpose of any Alteration. Chalone will not, under any circumstances, be obligated to pay for any Alterations or repairs. BY PLACING HIS INITIALS BELOW, ▇▇▇▇▇ ACKNOWLEDGES THAT, UNDER SECTION 2 (RENT) AND SECTION 6 (CONDITION OF PREMISES), AS CONSIDERATION FOR HIS RIGHTS OF POSSESSION OF THE LEASED PREMISES UNDER THIS LEASE, ▇▇▇▇▇ WILL BE SOLELY RESPONSIBLE FOR ALL REPAIRS REQUIRED TO MAINTAIN THE CONDITION OF THE LEASED PREMISES INCLUDING LANDSCAPING. ▇▇▇▇▇ FURTHER ACKNOWLEDGES AND AGREES THAT CHALONE ONLY HAS AN OBLIGATION FOR ANY AND ALL EXPENDITURES RELATING TO THE STRUCTURAL INTEGRITY AND THE ROOF OF THE LEASED PREMISES. ▇▇▇▇▇: /s/ RHG (b) ▇▇▇▇▇ will make no Alterations to the Leased Premises, except for any furniture and other decorative materials that will not make additionsbe affixed to the House, alterationswithout the prior written consent of Chalone, which consent may be withheld in Chalone's sole discretion. Before making any Alterations which involve changes or improvements in or to any structural components or the exterior structure of the Leased Premises or which reduce are otherwise significant alterations, ▇▇▇▇▇ will submit to Chalone reasonably detailed final plans and specifications prepared by a licensed architect or engineer. Any such Alteration made to the value Leased Premises by ▇▇▇▇▇ after Chalone's consent has been given, and any fixtures installed as a part of that work, will at Chalone's option become Chalone's property on the expiration or earlier termination of this Lease. Chalone will have the right to require that ▇▇▇▇▇ remove any such Alteration or fixture at ▇▇▇▇▇'▇ sole cost and expense on termination of this Lease as long as Chalone has given notice of the required removal at the time Chalone gives consent to the Alternation. (c) It is hereby acknowledged that ▇▇▇▇▇ is providing, at his sole expense and as his personal property, a washer and dryer, free-standing stove, refrigerator, freezer and microwave oven, and that said personal property will not become part of the Leased Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. In the event that Landlord consents to such additions, alterations, changes or improvements, then all additions, alterations, changes or improvements shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of LandlordPremises; provided, however, Landlord may, at its option, require Tenant, at Tenant’s sole cost and expense, to remove any that such additions, alterations, changes or improvements at the expiration or sooner termination personal property will become part of this Lease, and to repair any damages to the Leased Premises caused if the Lease is terminated by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereof▇▇▇▇▇'▇ death.

Appears in 1 contract

Sources: Residential Lease (Chalone Wine Group LTD)

Alterations. Except as provided herein, Tenant shall not make additionsalterations and additions to Tenant's Premises except in accordance with plans and specifications therefor first approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. However, Landlord's determination of matters relating to aesthetic issues relating to alterations, changes additions or improvements which are visible from outside of the Premises shall be in Landlord's sole discretion. Without limiting such standard Landlord shall not be deemed unreasonable for withholding approval of any alterations or additions (including, without limitation, any alterations or additions to be performed by Tenant under Article III) which (a) in Landlord's opinion would reasonably be expected to adversely affect any structural or exterior element of the Building, any area or element outside of the Premises, or any facility or base building mechanical system serving any area of the Building outside of the Premises, or (b) involve or affect the exterior design, size, height, or other exterior dimensions of the Building or (c) will require unusual expense to readapt the Premises to normal office use on Lease termination or expiration or materially increase the cost of construction or of insurance or taxes on the Building or of the services called for by Section 4.1 unless Tenant first gives assurance reasonably acceptable to Landlord for payment of such increased cost and that such readaptation will be made prior to such termination or expiration without expense to Landlord, (d) enlarge the Rentable Floor Area of the Premises, or (e) are inconsistent in any material respect, in Landlord's reasonable judgment, with alterations satisfying Landlord's then applicable standards for new alterations which are uniformly applied to all tenants of the Building. Landlord's review and approval of any such plans and specifications and consent to perform work described therein shall not be deemed an agreement by Landlord that such plans, specifications and work conform with applicable Legal Requirements and requirements of insurers of the Building and the other requirements of this Lease with respect to Tenant's insurance obligations (herein called "Insurance Requirements") nor deemed a waiver of Tenant's obligations under this Lease with respect to applicable Legal Requirements and Insurance Requirements nor impose any liability or obligation upon Landlord with respect to the completeness, design sufficiency or compliance of such plans, specifications and work with applicable Legal Requirements and Insurance Requirements nor give right to any other parties. Further, Tenant acknowledges that Tenant is acting for its own benefit and account, and that Tenant shall not be acting as Landlord's agent in performing any work in the Premises, accordingly, no contractor, subcontractor or supplier shall have a right to lien Landlord's interest in the Complex in connection with any such work. Within thirty (30) days after receipt of an invoice from Landlord (together with reasonable supporting back up documentation), Tenant shall pay to Landlord as a fee for Landlord's review of any work or plans (excluding any review respecting initial improvements performed pursuant to Article III hereof but including any review of plans or work relating to any assignment or subletting), as Additional Rent, an amount equal to the sum of: (i) $150.00 per hour for time spent by senior staff, and $100 per hour for time spent by junior staff (not to exceed $1,500 in the aggregate with respect to a proposed alteration or addition provided the proposed alteration or addition will not impact Building structure or base building systems), plus (ii) reasonable third party expenses paid by Landlord to review Tenant's plans and Tenant's work. Except for any additions or alterations which Tenant requests to remain in the Premises in Tenant's notice seeking Landlord's consent for the installation thereof (which notice shall specifically refer to this Section 5.12) and for which Landlord specifically agrees in writing may remain, all alterations and additions shall be part of the Building unless and until Landlord shall specify the same for removal pursuant to Section 5.2. All of Tenant's alterations and additions and installation of furnishings shall be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not to damage the Buildings or Site or unreasonably interfere with construction or operation of the Buildings and other improvements to the Site and, except for installation of furnishings, shall be performed by contractors or workers first approved by Landlord, such approval not to be unreasonably withheld, delayed or conditioned. Nothing herein shall be construed to permit Landlord to require Tenant to use union labor for any alterations or improvements. Tenant, before its work is started, shall secure all licenses and permits necessary therefor; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and material to be furnished by them, and to the extent the proposed alterations or improvements are of such a magnitude that a bond or other security would customarily be required, security satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such labor and material; and cause each contractor to carry insurance in accordance with Section 8.14 herein and to deliver to Landlord certificates of all such insurance. With respect to alterations or improvements that are of a nature such that as-built plans would customarily be prepared, Tenant shall also prepare and submit to Landlord a set of as-built plans, in both print and electronic forms, showing such work performed by Tenant to the Premises promptly after any such alterations, improvements or installations are substantially complete and promptly after any wiring or cabling for Tenant's computer, telephone and other communications systems is installed by Tenant or Tenant's contractor. Without limiting any of Tenant's obligations hereunder, Tenant shall be responsible, as Additional Rent, for the costs of any alterations, additions or improvements in or to the Building that are required in order to comply with Legal Requirements as a result of any structural components work performed by Tenant. Landlord shall have the right to provide such reasonable rules and regulations relative to the performance of any alterations, additions, improvements and installations hereunder (which shall be applied in a non­ discriminatory manner) and Tenant shall abide by all such reasonable rules and regulations and shall cause all of its contractors to so abide including, without limitation, payment for the costs of using Building services. Tenant agrees to pay promptly when due the entire cost of any work done on the Premises by Tenant, its agents, employees, or independent contractors, and not to cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the Premises or the Buildings or the Site and immediately to discharge any such liens which may so attach. Tenant shall pay, as Additional Rent, 100% of any incremental real estate taxes on the Complex which shall, at any time after commencement of the Term, be demonstrated to directly and solely result from any alteration, addition or improvement to the Premises made by Tenant. Tenant acknowledges and agrees that Landlord shall be the owner of any additions, alterations and improvements in the Premises or the Building to the extent paid for by Landlord. Notwithstanding the terms of this Section 5.12, Tenant shall have the right, without obtaining the prior consent of Landlord, but upon notice to Landlord given ten (10) days prior to the commencement of any work (which notice shall specify the nature of the work in reasonable detail), to make alterations, additions or improvements to the Premises where: (a) the same are within the interior of the Premises within the Building, and do not affect the exterior of the Leased Premises and the Building (including no signs on windows); (b) the same do not affect the roof or which reduce the value any structural element of the Leased Premises without Building, or adversely affect the prior written consent mechanical, electrical, plumbing, heating, ventilating, air-conditioning and fire protection systems of Landlordthe Building; and (c) with the exception of installation or replacement of cabinetry, painting and carpeting (which consent shall not be unreasonably withheld. In subject to the event that Landlord consents to such additionsdollar limits set forth in this subsection (c)), the cost of any individual alteration, addition or improvement shall not exceed $75,000.00 and the aggregate cost of said alterations, changes or improvements, then all additions, alterations, changes additions or improvements made by Tenant during the Lease Term shall not exceed $450,000.00 in cost to each floor of the Premises; and (d) Tenant shall comply with the provisions of this Lease and if such work increases the cost of insurance or taxes or of services, Tenant shall pay for any such increase in cost to the extent demonstrated to be constructed at Tenant’s sole expense directly and shall, upon completion thereof, become the property of Landlordsolely resulting from such work; provided, however, that Tenant shall, within thirty (30) days after the making of such changes, send to Landlord mayplans and specifications describing the same in reasonable detail and provided further that Landlord, by notice to Tenant given at least thirty (30) days prior to the expiration or earlier termination of the Lease Term, may require Tenant to restore the Premises to its option, require Tenant, at Tenant’s sole cost condition prior to construction of such improvements (reasonable wear and expense, to remove any such additions, alterations, changes or improvements tear excepted) at the expiration or sooner earlier termination of the Lease Term. To the extent Tenant delivers such plans and specifications and clearly requests in writing the additions or alterations shown thereon which Tenant desires to remain in the Premises (which notice shall specifically refer to this LeaseSection 5.12) at the expiration or earlier termination of the Lease Term, and Landlord agrees to repair any damages to the Leased Premises caused by such removal provided Landlord has informed notify Tenant within thirty (30) days thereafter of which of such requirement items may remain at the time expiration or earlier termination of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereofLease Term.

Appears in 1 contract

Sources: Lease Agreement (Care.com Inc)

Alterations. Tenant (a) Licensee may alter the Licensed Premises only in accordance with the requirements of subsection (b) of this Section. Alterations shall not become property of City, at its option at any time after their attachment, installation or affixing, subject to the provisions of Section 6.18 hereof. (b) In order to alter Licensed Premises, Licensee must: (i) Obtain Commissioner's written approval for whatever designs, plans, specifications, cost estimates, agreements and contractual understandings may pertain to contemplated purchases and/or work. (ii) ensure that work performed and alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to section (i) of this Article, in a good and workmanlike manner, and within a reasonable time; and (iii) notify Commissioner of completion of, and the making final payment for, any alteration within ten days after the occurrence of said completion or final payment. (c) Commissioner may, in her discretion, make additionsrepairs, alterations, changes decorations, additions or improvements to Licensed Premises at the City's expense, but nothing herein shall be deemed to obligate or require Commissioner to make any repairs, alterations, decorations, additions, or improvements, nor shall this provision in any way affect or impair Licensee's obligation herein in any respect. (d) Parks reserves the right to perform construction or maintenance work in its reasonable discretion at the Licensed Premises at any structural components time during the Interim Period or the exterior Term of this License. Licensee agrees to cooperate with Parks, to accommodate any such work by Parks and provide public and construction access through the Licensed Premises as deemed necessary by the Commissioner. Parks shall use reasonable efforts to give Licensee at least fourteen days’ written notice of any such work and not to interfere substantially with Licensee’s operations or use of the Leased Premises Licensed Premises. Parks shall use its reasonable efforts to perform such work in a way which minimizes interference with Licensee’s operations at the Licensed Premises. Parks may temporarily close a part or which reduce the value all of the Leased Licensed Premises without for a Parks purpose as reasonably determined by the prior written consent of Landlord, which consent shall not be unreasonably withheldCommissioner. In the event that Landlord consents to Licensee must close all or a portion of the Licensed Premises for such additions, alterations, changes or improvementsParks’ purpose, then all additions, alterations, changes or improvements Licensee may propose and submit for the Commissioner’s reasonable approval a plan to equitably address the impact of the closure. Licensee shall be constructed responsible for security of all Licensee’s property on the Licensed Premises at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, at Tenant’s sole cost and expense, to remove any such additions, alterations, changes or improvements at the expiration or sooner termination of this Lease, and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereoftimes.

Appears in 1 contract

Sources: License Agreement

Alterations. Tenant shall not make additionsor permit any Alterations in, alterations, changes on or improvements in or to any structural components or about the exterior of the Leased Premises or which reduce the value of the Leased Premises without the prior written consent of Landlord, and according to plans and specifications approved in writing by Landlord, which consent shall not be unreasonably withheld. In the event that Landlord consents to such additionsLandlord, alterationsat its sole option, changes or improvements, then all additions, alterations, changes or improvements shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; providedmay, however, Landlord mayrequire as a condition to the granting of any such consent, at its option, require Tenantthat Tenant provide to Landlord, at Tenant’s sole cost and expense, a lien and completion bond in an amount equal to one and one-half (11/2) times any and all estimated costs of any intended improvements to the Premises, to insure Landlord against any liability for mechanics’ and materialmen’s liens and to insure completion of the work. Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental Initials: Landlord Tenant inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense, in compliance with all applicable laws (including, but not limited to, The Americans With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), the Rules and Regulations and the CC&R’s, 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 or elsewhere within the Project for purposes of complying with applicable laws (including, but not limited to, The Americans With Disabilities Act, and any state or local building, fire or safety codes, ordinances or regulations), Tenant shall undertake such additional alterations at its sole cost and expense 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. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property; provided, however, that Landlord may, at its option, require that Tenant, at Tenant’s expense, remove any such additions, alterations, changes or improvements at all Alterations installed by Tenant and return the expiration or sooner termination Premises to their condition as of the Commencement Date of this Lease, normal wear and to repair any damages tear excepted and subject to the Leased Premises caused 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 by such removal provided Landlord has informed Tenant of such requirement at it to the time of Landlord’s approvalPremises. Tenant hereby agrees shall give Landlord written notice of Tenant’s intention to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from perform any work performed, material furnished, or obligations incurred by Tenant or on the Premises at least twenty (20) days prior to the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result commencement of such work immediately after such lien attaches or payment for the labor or material is due. to enable Landlord to post and record an appropriate Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ of Nonresponsibility or other liens shall attach to or affect Landlord’s interest in notice deemed proper before the Leased Premises, Property or Park as a result thereofcommencement of any such work.

Appears in 1 contract

Sources: Office Lease Agreement (Spatializer Audio Laboratories Inc)

Alterations. Section 10.1 Tenant shall not at any time during the Term make additions, alterations, changes or improvements in or any alterations to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises without the prior first obtaining Landlord’s written consent of Landlordthereto, which consent Landlord shall not be unreasonably withheld. In the event that Landlord consents to such additions, alterations, changes withhold or improvements, then all additions, alterations, changes or improvements shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlorddelay; provided, however, that Landlord mayshall not be deemed unreasonable by refusing to consent to any alterations which are visible from the exterior of the Building or the Project, at its optionwhich will or are likely to cause any weakening of any part of the structure of the Premises, require the Building or the Project or which will or are likely to cause damage or disruption to the central building systems or which are prohibited by any underlying ground lease or mortgage. Should Tenant desire to make any alterations to the Premises, Tenant shall submit all plans and specifications for such proposed alterations to Landlord for Landlord’s review before Tenant allows any such work to commence, and Landlord shall promptly approve or disapprove such plans and specifications for any of the reasons set forth in this Section 10.1 or for any other reason reasonably deemed sufficient by Landlord. Tenant shall select and use only contractors, subcontractors or other repair personnel from those listed on Landlord’s approved list maintained by Landlord in the Project management office. Upon Tenant’s receipt of written approval from Landlord and any required approval of any mortgagee or lessor of Landlord, and upon Tenant’s payment to Landlord of (a) a reasonable fee presented by Landlord for the work of Landlord and Landlord’s employees and representatives in reviewing and approving such plans and specifications and (b) the fees, if any charged by any mortgagee or lessor of Landlord for such review and approval, Tenant shall have the right to proceed with the construction of all approved alterations, but only so long as such alterations are in strict compliance with the plans and specifications so approved by Landlord and with the provisions of this Article 10. All alterations shall be made at Tenant’s sole cost and expense, either by Tenant’s contractors or, at Tenant’s option, by Landlord on terms reasonably satisfactory to remove Tenant, including a fee of fifteen percent (15%) of the actual costs of such work to cover Landlord’s overhead on a fee for Landlord’s agent or manager in supervising and coordinating such work. If Tenant’s contractor performs such work, a fee of seven and one-half percent (7.5%) of the actual costs of such work fee for Landlord’s agent or manager in supervising and coordinating such work to cover overhead and a fee for Landlord’s agent or manager for supervising and coordinating such work. In no event, however, shall anyone other than Landlord or Landlord’s employees or representatives perform work to be done which affects the central systems of the Building. Section 10.2 All construction, alterations and repair work done by or for Tenant shall (a) be performed in such a manner as to maintain harmonious labor relations; (b) not adversely affect the safety of the Project, the Building or the Premises or the systems thereof and not affect the central systems of the Building; (c) comply with all building, safety, fire, plumbing, electrical, and other codes and governmental and insurance requirements; (d) not result in any usage in excess of Building Standard of water, electricity, gas, or other utilities or of heating, ventilating or air-conditioning (either during or after such additionswork) unless prior written arrangements satisfactory to Landlord are made with respect thereto; (a) be completed promptly and in a good and workmanlike manner and in compliance with, and subject to, all of the provisions of Article 2 of Exhibit C hereof; and (f) not disturb Landlord or other tenants in the Building. After completion of any alterations to the Premises, Tenant will deliver to Landlord a copy of “as built” plans and specifications depicting and describing such alterations. Section 10.3 All Leasehold Improvements, changes alterations and other physical additions made to or improvements installed by or for Tenant in the Premises shall be and remain Landlord’s property (except for Tenant’s furniture, personal property and movable trade fixtures) and shall not be removed without Landlord’s written consent. Tenant agrees to remove, at its sole cost and expense, all of Tenant’s furniture, personal property and movable trade fixtures, and, if directed to or permitted to do so by Landlord in writing, all, or any part of the expiration Leasehold Improvements, alterations and other physical additions made by or sooner on behalf of Tenant to the Premises (including, without limitation, all cabling and wiring for computer systems, telephones and the like whether located above the finished ceiling or underneath the floor), on or before the Expiration Date or any earlier date of termination of this Lease. Tenant shall repair, or promptly reimburse Landlord for the cost of repairing, all damage done to the Premises or the Building by such removal. Any Leasehold Improvements, alterations or physical additions made by or on behalf of Tenant which Landlord does not direct or permit Tenant to remove at any time during or at the end of the Term shall become the property of Landlord at the end of the Tern without any payment to Tenant. If Tenant fails to remove any of Tenant’s furniture, personal property or movable trade fixtures by the Expiration Date or any sooner date of termination of the Lease or, if Tenant fails to remove any Leasehold Improvements, alterations and other physical additions made by Tenant to the Premises which Landlord has in writing directed Tenant to remove (including, without limitation, all cabling and wiring for computer systems, telephones and the like whether located above the finished ceiling or underneath the floor), Landlord shall have the right on the fifth (5th) day after Landlord’s delivery of written notice to Tenant to deem such property abandoned by Tenant and to remove, store, sell, discard or otherwise deal with or dispose of such abandoned property in a commercially reasonable manner. Tenant shall be liable for all costs of such disposition of Tenant’s abandoned property, and Landlord shall have no liability to repair Tenant in any damages to respect regarding such property of Tenant. The provisions of this Section 10.3 shall survive the Leased Premises caused by such removal provided Landlord has informed Tenant expiration or any earlier termination of such requirement at the time of Landlord’s approvalthis Lease. Tenant hereby agrees appoints Landlord as the attorney-in-fact for Tenant and authorizes Landlord, as such attorney-in-fact, to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction execute on behalf of Tenant in connection with any b▇▇▇ of sale or other document which Landlord may deem necessary to evidence the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result conveyance of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereofproperty.

Appears in 1 contract

Sources: Lease Agreement (Ebank Financial Services Inc)

Alterations. 12.1 Tenant shall not make make, or allow to be made, any alterations, physical additions, alterationsimprovements or partitions, changes including without limitation the attachment of any fixtures or improvements in equipment, in, about or to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises ("Alterations") without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheldwithheld with respect to proposed Alterations which: (a) comply with all applicable Regulations; (b) are, in Landlord's opinion, compatible with the Building and its mechanical, plumbing, electrical, heating/ventilation/air conditioning systems; and (c) will not interfere with the use and occupancy of any other portion of the Building by any other tenant or its invitees. In Specifically, but without limiting the event that generality of the foregoing, Landlord consents shall have the right of written consent for all plans and specifications for the proposed Alterations, construction means and methods, all appropriate permits and licenses, any contractor or subcontractor to be employed on the work of Alterations, and the time for performance of such additionswork, alterationsand may impose rules and regulations for contractors and subcontractors performing such work. Tenant shall also supply to Landlord any documents and information reasonably requested by Landlord in connection with Landlord's consideration of a request for approval hereunder. Tenant shall cause all Alterations to be accomplished in a first-class, changes good and workmanlike manner, and to comply with all applicable Regulations. Tenant shall at Tenant's sole expense, perform any additional work required under applicable Regulations due to the Alterations hereunder. No consent by Landlord to any proposed Alteration or improvementsadditional work shall constitute a waiver of Tenant's obligations under this Paragraph 12. Tenant shall reimburse Landlord for all costs which Landlord may incur in connection with granting approval to Tenant for any such Alterations other than the Tenant Improvements set forth in Exhibit B, then all additionsincluding any reasonable costs or expenses which Landlord may incur in electing to have outside architects and engineers review said plans and specifications. All such Alterations shall remain the property of Tenant until the expiration or earlier termination of this Lease, alterations, changes or improvements at which time they shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of LandlordLandlord if Landlord so elects; provided, however, that Landlord may, at its Landlord's option, require that Tenant, at Tenant’s sole cost and 's expense, to remove any such additions, alterations, changes or improvements at all Alterations made by Tenant and restore the Premises by the expiration or sooner earlier termination of this Lease, and to repair any damages their condition existing prior to the Leased construction of any such Alterations. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to cause any damage to the Premises whatsoever. If Tenant fails to remove such Alterations or Tenant's trade fixtures or furniture, Landlord may keep and use them or remove any of them and cause them to be stored or sold in accordance with applicable law, at Tenant's sole expense. In addition to and wholly apart from Tenant's obligation to pay Tenant's Proportionate Share of Operating Expenses, Tenant shall be responsible for and shall pay prior to delinquency any taxes or governmental service fees, possessory interest taxes, fees or charges in lieu of any such taxes, capital levies, or other charges imposed upon, levied with respect to or assessed against its personal property, on the value of Alterations within the Premises, and on Tenant's interest pursuant to this Lease, or any increase in any of the foregoing based on such Alterations. To the extent that any such taxes are not separately assessed or billed to Tenant, Tenant shall pay the amount thereof as invoiced to Tenant by Landlord. Notwithstanding the foregoing, Tenant shall have the right to construct nonstructural alterations and improvements without Landlord's prior approval, if the cost of such construction does not exceed $25,000 in any one calendar year. Upon Tenant's request from time to time, Landlord shall advise Tenant in writing whether Landlord will require Tenant to remove any alterations or improvements upon the termination or earlier expiration of this Lease. Tenant's trade fixtures, furniture, equipment and other personal property installed in the Premises shall at all times be Tenant's property, and Tenant may remove any or all of such property from the Premises at any time and from time to time provided that Tenant repairs all damage caused by such removal. Landlord shall have no lien whatsoever in any item of such property and Landlord waives all such liens. Within ten (10) days following Tenant's request from time to time, Landlord shall execute documents in form reasonably acceptable to Tenant and Landlord to evidence Landlord's waiver of any lien in any of such property and giving any lenders holding a security interest or lien on such property reasonable rights of access to the Premises to remove such property, provided that such lenders repair all damage caused by such removal provided Landlord has informed Tenant of and remove such requirement property on a timely basis. 12.2 In compliance with Paragraph 27 hereof, at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge least ten (10) business days before beginning construction of any lien which attaches as Alteration, Tenant shall give Landlord written notice of the expected commencement date of that construction to permit Landlord to post and record a result notice of such work immediately after such lien attaches or payment for the labor or material is duenon-responsibility. Notice is hereby given Upon substantial completion of construction, Tenant shall cause a timely notice of completion to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest be recorded in the Leased Premises, Property or Park as a result thereofoffice of the recorder of the county in which the Building is located.

Appears in 1 contract

Sources: Lease Agreement (Symyx Technologies Inc)

Alterations. Tenant 1 shall not have the right, from time to time, to make additionsall such non-structural alterations and improvements to the leased premises as may be reasonably necessary or appropriate, for the conduct of Tenant 1 business, provided that prior to commencement of any such work, the Landlord shall in each case have approved in writing the plans and specifications for such work and provided Tenant 1 engages contractors approved by Landlord in its sole discretion. All work done by Tenant 1 shall conform to all applicable governmental regulations and requirements with all required permits to be paid for by Tenant 1. If any such work done by Tenant 1 causes damage to the building structural portions, building roof, floor or windows on the leased premises, then the costs of all maintenance and repairs to such damaged building components shall thereafter be the responsibility of Tenant 1. Notwithstanding the fact that alterations may be made by Tenant 1, during the lease term or any renewal or extension of such term, Tenant 1 shall have the duty to return the leased premises, upon termination or expiration of the lease, to the Landlord in the same condition as when received by Tenant 1, ordinary wear and tear excepted. Tenant 1 shall provide plans depicting proposed improvements to Landlord, designating any fixed, permanent or semi-permanent proposed installations that Tenant 1 proposes to leave in place without removal upon lease termination. All such alterations, changes or improvements and fixtures in or place, designated to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. In the event that Landlord consents to such additions, alterations, changes or improvements, then all additions, alterations, changes or improvements remain upon lease termination shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become remain the property of Landlord; provided. Further, howeverin connection with any improvements and alterations to the leased premises, Tenant 1 shall indemnify the Landlord may, at its option, require Tenant, at Tenant’s sole cost and expense, to remove from any lien arising out of any such additions, alterations, changes work performed or improvements at the expiration or sooner termination of this Lease, and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord againstmaterials furnished, and shall keep indemnify and hold harmless the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising Landlord from any work performedliability or loss, material furnishedof any type or nature, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premisesincluding reasonable attorney's fees, and agrees to obtain the discharge arising out of any lien which attaches as a result or claim based on work performed or materials furnished. Landlord shall have the right to require Tenant 1 to furnish adequate bond or other security acceptable to Landlord for payment of any such work immediately after performed by Tenant 1, and shall have the right to require adequate lien waives on any such lien attaches or payment for work performed by Tenant 1. Landlord shall also have the labor or material is due. Notice is hereby given right to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable post notice of non-liability for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest such work, at appropriate places in the Leased Premises, Property or Park as a result thereofleased premises.

Appears in 1 contract

Sources: Lease Agreement

Alterations. The Tenant shall will not make additions, alterations, changes or improvements in or any Alterations to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises without the Landlord’s prior written consent approval, which will not be unreasonably withheld if: (i) the Alterations meet or exceed the then current standard for the Building; (ii) adequate plans and specifications are produced; and (iii) the Tenant has obtained all requisite governmental approvals. If the Landlord agrees to effect Alterations at the Tenant’s request, the Tenant will pay to the Landlord, on demand, all costs incurred by the Landlord in connection with the performance of such work and supervision of any Alterations, including architectural and engineering consultant’s fees, plus the Supervision Fee calculated on the cost of the Alterations on account of the Landlord’s overhead and administration costs. The Tenant shall ensure that the changes required by the Landlord to such plans and specifications are incorporated therein and the Tenant shall then resubmit them to the Landlord for approval. The Tenant shall pay, as Additional Rent, within thirty (30) days following the receipt of an invoice from the Landlord, all of the costs incurred by the Landlord for the analysis and approval of the plans and specifications as well as the Supervision Fee calculated on the cost of the Alterations. All Alterations will be performed: (i) by competent workers whose labor union affiliations are compatible with others employed by the Landlord and its contractors; (ii) in a good and skillful manner; (iii) in accordance with the approved plans and specifications and the Landlord’s reasonable requirements and (iv) builders risk insurance covering all work against all risks of physical loss or damage. The Landlord may require that any maintenance of or Alterations to the Leased Premises be performed by the Landlord at the Tenant’s cost if they affect: (i) the structure of the Leased Premises, (ii) the Common Elements; or (iii) any part of the Building outside the Leased Premises. The Tenant will pay to the Landlord, on demand, the Landlord’s costs of the maintenance or Alterations, including architectural and engineering consultants’ fees, plus the Supervision Fee. If any part of the Building requires repairs, replacement or alteration because of anything done or omitted to be done by the Tenant or its officers, directors, agents, employees, contractors, invitees or licensees then the Tenant will pay to the Landlord, on demand, the Landlord’s cost of repairs, replacements or alterations, plus a Supervision Fee calculated on said costs. The Tenant shall not be entitled to install upon the roof of the Building any equipment except as consented to in writing by the Landlord, which consent shall not may be unreasonably arbitrarily withheld. In the event that Landlord consents to such additions, alterations, changes or improvements, then all additions, alterations, changes or improvements but if given shall be constructed at Tenant’s subject to whatever conditions the Landlord, In its sole expense and shalldiscretion, upon completion thereof, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, at Tenant’s sole cost and expense, to remove any such additions, alterations, changes or improvements at the expiration or sooner termination of this Lease, and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest deems necessary in the Leased Premises, Property or Park as a result thereofcircumstances.

Appears in 1 contract

Sources: Lease Agreement (Dirtt Environmental Solutions LTD)

Alterations. Tenant (a) Licensee and any Sublicensee may alter the Licensed Premises only in accordance with the requirements of subsection (b) of this Section. Alterations shall not make additions, alterations, changes or improvements in or to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. In the event that Landlord consents to such additions, alterations, changes or improvements, then all additions, alterations, changes or improvements shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord mayCity, at its option, require Tenantupon their attachment, at Tenant’s sole installation or affixing. (b) In order to alter Licensed Premises, Licensee must: (i) Obtain Commissioner's written approval (which shall not be unreasonably withheld or delayed) for whatever designs, plans, specifications, cost estimates, agreements and expensecontractual understandings may pertain to contemplated purchases and/or work; (ii) insure that work performed and alterations made on the Licensed Premises are undertaken and completed in accordance with submissions approved pursuant to (iii) notify Commissioner of completion of, and the making final payment for, any alteration within ten days after the occurrence of said completion or final payment; and (iv) comply with the existing City and Parks procedures, as may be amended from time to remove time during the Term, for review of any such additionsproposed Alteration constituting a landscape redesign, renovation, and rehabilitation project in the Licensed Premises. (c) Commissioner ▇▇▇, in his discretion, make repairs, alterations, changes decorations, additions or improvements to Licensed Premises at the expiration City's expense, but nothing herein shall be deemed to obligate or sooner termination require Commissioner to make any repairs, alterations, decorations, additions, or improvements, nor shall this provision in any way affect or impair Licensee's obligation herein in any respect. Parks shall use reasonable efforts to give Licensee at least fourteen days’ written notice of any such work and not to interfere substantially with Licensee’s operations or use of the Licensed Premises. Parks shall use its reasonable efforts to perform such work in a way which minimizes interference with Licensee’s operations at the Licensed Premises. (d) To guarantee prompt payment of moneys due to a contractor or his or her subcontractors and to all persons furnishing labor and materials to the contractor or his or her subcontractors in the prosecution of any Capital Improvement Project with an estimated cost exceeding two hundred fifty thousand dollars ($250,000), Licensee shall post a payment bond or other form of undertaking approved by Parks in the amount of one hundred percent (100%) of the cost of such Capital Improvement Project before commencing such work. Such bond or other undertaking shall be in a form acceptable to Parks. For purposes of this Leaseprovision, a “Capital Improvement Project” shall mean a set of Capital Improvements that are reasonably related in time and to repair any damages purpose as determined by Parks in its sole discretion. Also, for purposes of this provision, “Capital Improvements” shall mean all construction, reconstruction, renovations or Alterations of or to the Leased Licensed Premises caused governed by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereofthis License Agreement.

Appears in 1 contract

Sources: License Agreement

Alterations. Tenant shall not make additions, any alterations, changes improvements or improvements in or additions ("Alterations") to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises without the prior written consent of Landlord, which consent . Landlord shall not be unreasonably withheldwithhold its consent to any proposed alteration, improvement or addition where such alteration, improvement or addition will not affect any structural components of the Building or any Building systems. In requesting such consent and prior to commencing any such work, Tenant shall at its sole cost and expense: (a) Submit to Landlord for review plans and specifications showing such work in reasonable detail and pay to Landlord all costs incurred by Landlord in connection with such review. (b) Furnish Landlord with the event names and addresses of all contractors and copies of all contracts. (c) If required by Landlord policy, use union labor for the work, excluding cabling work performed by Tenant's employees. (d) Provide Landlord with such security as Landlord reasonably may require to assure timely, lien free completion, as well as all necessary permits evidencing compliance with all applicable laws, ordinances and regulations. (e) Provide Landlord with certificates of insurance in forms and amounts reasonably satisfactory to Landlord naming Landlord as an additional insured when required by Landlord. (f) Comply with such other requests as Landlord may reasonably make in connection with such work. Landlord may condition its consent on fulfillment of the foregoing requirements. All such work shall, at Landlord's election, be subject to supervision by Landlord, in which case Tenant shall promptly pay to Landlord a supervision fee equal to 12% of the cost of the work. If Landlord elects to provide such supervision, there will not be a separate fee for reviewing plans and specifications under Section 9(a) above. Tenant shall protect, defend, indemnify and hold Landlord, the Building and other tenants of the Building harmless from and against any liabilities which may arise out of or in connection with the Alterations conducted by or on behalf of Tenant. Upon completing any Alterations, Tenant shall furnish Landlord with contractors' affidavits, sworn statements and full and final waivers of lien and receipted bills covering all labor and material expended and used. All Alterations shall comply with all insurance requirements and with all applicable laws, ordinances and regulations. All Alterations shall be completed in a good and workmanlike manner and only good grades of materials shall be used. Once commenced, Tenant shall pursue the construction of Alterations diligently to completion in accordance with all of the foregoing requirements and all applicable plans and specifications or shall promptly restore the Premises to its pre-Alteration condition. All Alterations, whether temporary or permanent in character, including, without limitation, wall coverings, carpeting and other floor coverings, special lighting installations, built-in or attached shelving, cabinetry and mirrors, installed by Landlord or Tenant in the Premises shall become Landlord's property and shall remain in the Premises at the expiration or termination of this Lease without compensation to Tenant, except for Tenant's movable office furniture, trade fixtures and office equipment. Landlord shall have the right to require Tenant to remove Alterations at Tenant's sole cost and expense in accordance with the provisions of Section 16 of this Lease provided that Landlord consents specifically reserves such right when giving its consent with respect to the applicable Alteration. Nothing contained in this Lease shall authorize or empower Tenant to do anything to encumber Landlord's title to the Building, Land or Premises, nor in any way subject Landlord's title to any claims of lien or encumbrance whether claimed by operation of law or by virtue of any expressed or implied contract of Tenant. If Tenant has not removed any such additions, alterations, changes lien or improvements, then all additions, alterations, changes or improvements shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of encumbrance within 15 days after written notice to Tenant by Landlord; provided, however, Landlord may, at its optionbut shall not be obligated to, require Tenant, at Tenant’s sole cost and expense, pay the amount necessary to remove the lien or encumbrance, without being responsible for making any such additions, alterations, changes investigation as to the validity or improvements at the expiration or sooner termination of this Leaseaccuracy thereof, and to repair any damages to the Leased Premises caused amount so paid, together with all costs and expenses (including reasonable attorneys' fees) incurred by such Landlord in connection therewith, shall be deemed additional rent due and payable within 10 days after receipt of a statement from Landlord. Tenant may obtain removal provided Landlord has informed Tenant of such requirement at lien or encumbrance as required hereunder by the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant deposit procedure set forth in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereofMinnesota Statutes 514.10.

Appears in 1 contract

Sources: Lease Agreement (Metris Companies Inc)

Alterations. Tenant shall not make additionsmake, alterationsor allow to be made, changes any alterations or improvements in physical additions in, about or to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheldwithheld with respect to proposed alterations and additions which: (a) comply with all applicable laws, ordinances, rules and regulations; (b) are in Landlord's opinion compatible with the Project and its mechanical, plumbing, electrical, heating/ventilation/air conditioning systems; and (c) will not interfere with the use and occupancy of any other portion of the Building or Project by any other tenant or its invitees. In Specifically, but without limiting the event that generality of the foregoing, Landlord consents to such shall have the right of written consent for all plans and specifications for the proposed alterations or additions, construction means and methods, all appropriate permits and licenses, any contractor or subcontractor to be employed on the work of alteration or additions, and the time for performance of such work. Tenant shall also supply to Landlord any documents and information reasonably requested by Landlord in connection with Landlord's consideration of a request for approval hereunder. Tenant shall reimburse Landlord for all costs which Landlord may incur in connection with granting approval hereunder. Tenant shall reimburse Landlord for all costs which Landlord may incur in connection with granting approval to Tenant for any such alterations and additions, including any costs or expenses which Landlord may incur in electing to have outside architects and engineers review said plans and specifications. All such alterations, changes or improvements, then all additions, alterations, changes physical additions or improvements shall remain the property of Tenant until termination of this Lease, at which time they shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of LandlordLandlord if Landlord so elects; provided, however, that Landlord may, at its Landlord's option, require that Tenant, at Tenant’s sole cost and 's expense, to remove any such or all alterations, additions, alterations, changes or improvements at and partitions made by Tenant and restore the expiration or sooner Premises by the termination of this Lease, and whether by lapse of time, or otherwise, to repair any damages their condition existing prior to the Leased construction of any such alterations, additions, partitions or leasehold improvements; provided, however, Tenant shall, in no event, be required to remove any of the Improvements initially constructed by Landlord pursuant to the terms hereof. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to cause any damage to the Premises caused by or Project whatsoever. If Tenant fails to so remove such removal provided alterations, additions, improvements and partitions or Tenant's trade fixtures or furniture Landlord has informed may keep and use them or remove any of them and cause them to be stored or sold in accordance with applicable law, at Tenant's sole expense. In addition to and wholly apart from Tenant's obligation to pay Tenant's Proportionate Share of Basic Operating Cost, Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, shall be responsible for and shall keep the Leased Premisespay prior to delinquency any taxes or governmental service fees, Property and Park free from all mechanics’ liens and other possessory interest taxes, fees or charges in lieu of any such liens arising from any work performedtaxes, material furnishedcapital levies, or obligations incurred by Tenant other charges imposed upon, levied with respect to or at assessed against its personal property, on the direction value of Tenant in connection with the Leased alterations, additions or improvements within the Premises, and on Tenant's interest pursuant to this Lease. To the extent that any such taxes are not separately assessed or billed to Tenant, Tenant shall pay the amount thereof as invoiced to Tenant by Landlord. Notwithstanding anything to the contrary contained herein, Tenant may, without Landlord's consent, make alterations and additions to the Premises which are nonstructural in character and the aggregate cost of which does not exceed $10,000 per project. Tenant agrees to obtain the discharge of any lien which attaches as a result give Landlord written notice of such work immediately after such lien attaches or payment for alterations promptly following the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result completion thereof.

Appears in 1 contract

Sources: Lease (Sport Supply Group Inc)

Alterations. 14.1 Tenant shall not make or allow to be made any alterations, physical additions, alterations, changes or improvements in or to the Leased Premises (collectively, "Alteratinfzs") without first obtaining Landlord's written consent in each instance, which consent may be given or withheld in Landlord's sole discretion. At the time of said request, Tenant shall submit to Landlord plans and specifications of the proposed Alterations. Landlord shall have a period of not less than sixty (60) days in which to review and approve or disapprove said plans. Tenant shall pay upon demand the reasonable costs of Landlord's review of such plans and specifications, not to exceed One Thousand Dollars ($1,000.00). The contractor or person selected by Tenant to make Alterations must be approved in writing by Landlord prior to commencement of any structural components work. Such contractor or person shall carry insurance in forms and amounts reasonably satisfactory to Landlord and shall at all times be subject to Landlord's rules and regulations while in the exterior Building. All Alterations shall be performed in full compliance with plans and specifications approved by Landlord, all applicable Laws and the requirements of the Board of Underwriters, Fire Rating Bureau or similar body. All Alterations shall be performed at Tenant's sole cost and expense (including reasonable costs for Landlord's supervision), at such time and in such manner as Landlord may designate, and shall be promptly completed in a good and workmanlike manner. Tenant shall pay to Landlord its review and supervision costs upon billing by Landlord. Landlord's approval of the plans, specifications and working drawings for Tenant's Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all applicable Laws. 14.2 In addition to, and not in limitation of, the sixty (60) day period Landlord has to review Tenant's plans and specifications for the Alterations, Tenant shall give to Landlord at least fifteen (15) business days' prior written notice of commencement of construction of any Alterations. Landlord shall have the right to require that (a) any contractor hired by Tenant shall, prior to commencing work in the Leased Premises, provide Landlord with a performance bond and labor and materials payment bond in the amount of the contract price for the work, naming Landlord and Tenant (and any other persons designated by Landlord) as co-obligees, and that (b) any such contractor employ such labor as necessary to avoid any delay in or interruption to the progress of work undertaken in the Leased Premises or which reduce elsewhere in the value Building due to union picket lines. Tenant's contractors shall not use any portion of the Leased Premises without common areas of the prior Building for performance of the work unless Landlord's written consent is first obtained. The granting or withholding of Landlord, which such consent shall not be unreasonably withheld. In at Landlord's sole discretion. 14.3 All Alterations, whether made by Tenant or Landlord or at either's expense, including, without limitation, all Tenant Improvement Work and all carpeting and fixtures of any kind, shall become a part of the event that Landlord consents to such additionsBuilding immediately upon installation in the Leased Premises, alterations, changes or improvements, then all additions, alterations, changes or improvements and shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become remain the property of Landlord; provided, howeverexcept for trade fixtures, Landlord mayoffice supplies and moveable furniture and furnishings placed on the Premises by Tenant that are removable without damage to the Building or the Leased Premises, at its optionwhich shall be subject to Section 16. Notwithstanding any other provisions of this Lease, require Tenant, at Tenant’s sole cost and expense, upon Landlord's written request made within thirty (30) days prior to remove any such additions, alterations, changes or improvements at the expiration or sooner termination of this Lease, Tenant at Tenant's sole cost and expense shall promptly remove any Alterations or Tenant Improvement Work (if any), designated by Landlord to be removed, and promptly repair any damages damage to the Leased Premises caused by or the Building resulting from such removal provided Landlord has informed removal. 14.4 Tenant shall be responsible for the entire cost of such requirement at the time Alterations, including any cost or expense of Landlord’s approval. Tenant hereby agrees , relating to indemnify and defend Landlord against, and shall keep the interior of the Leased Premises, Property and Park free from all mechanics’ liens and on account of the need to comply with the ADA (as defined in Section 33) or other such liens arising from any work performed, material furnished, or obligations incurred by Laws. Under no circumstances shall Landlord be responsible to Tenant or at any third party for determining whether the direction Alterations comply with all applicable Laws, including the ADA, regardless of whether Tenant in connection with must obtain Landlord's approval of the Alterations or the plans and specifications therefor as a condition to making them. 14.5 Should any construction, alteration, addition, improvements or decoration of the Leased Premises, and agrees to obtain or moving into or out of Building, by Tenant interfere with harmonious labor relations at the discharge of any lien which attaches as a result of Building, all such work shall be halted immediately after by Tenant until such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park time as a result thereofconstruction can proceed without such interference.

Appears in 1 contract

Sources: Office Lease Agreement (MCB Financial Corp)

Alterations. Tenant will not make or permit anyone to make any alterations, additions or improvements, structural or otherwise in or to the Leased Premises or the Building, without first obtaining the written consent of Landlord which consent may be granted or withheld in Landlord's sole and absolute discretion (other than minor cosmetic changes which do not exceed $15,000 in cost on each such occasion which Tenant may install without Landlord's consent following written notice to Landlord). In the event Landlord consents to any such alterations, etc., if required as aforesaid, the same shall be performed in accordance with plans and specifications approved in writing by Landlord, which approval shall not be deemed to assure compliance with code or other Requirements. In the event Landlord grants such consent and permits Tenant to contract out such work, such alterations shall be performed by adequately insured contractors approved by Landlord and in a good and workmanlike manner in accordance with all applicable Requirements. Landlord may inspect such work, in progress. In any event, Tenant shall not make additionsindemnify and hold harmless Landlord from and against any and all costs, expenses, claims, liens and damages to person or property resulting from the making of any such alterations, changes decorations, additions or improvements in or to any structural components or the exterior of the Leased Premises or which reduce the value of Building requested by Tenant. Tenant shall not permit a mechanic's lien or liens to be placed upon the Leased Premises or the Building as a result of any alterations or improvements made by it and agrees, if any such lien be filed on account of the acts of Tenant, promptly to pay the same. In the event Tenant fails to pay any such lien, it may be paid by Landlord without releasing Tenant and the cost charged to Tenant as additional rent under this Lease. If any such alterations, decorations, additions or improvements are made without the prior written consent of Landlord, which consent Landlord may correct or remove the same and Tenant shall be liable for any and all costs and expenses incurred by Landlord in such removal. EXHIBIT C TYSONS II RULES AND REGULATIONS The following rules and regulations have been formulated for the safety and well-being of all tenants of the Building and are incorporated into and made part of the attached Lease (hereinafter, the "Lease"). Adherence to these rules and regulations insures that each and every tenant will enjoy a safe and un-annoyed occupancy in the Building. Landlord shall have the continuing right to amend or eliminate any of these rules and regulations, and also to adopt additional rules and regulations of like force and effect. Any such change shall be effective at the earlier of actual notice or five (5) days after delivery of written notice thereof to the Leased Premises by Landlord. Landlord may, upon request by any tenant, for good cause, waive the compliance by such tenant of any of the following rules and regulations, provided that (a) no waiver shall be effective unless signed by Landlord or Landlord's authorized agent, (b) any such waiver shall not relieve the tenant from the obligation to comply with such rule or regulation in the future unless expressly consented to by Landlord, and (c) no waiver of a rule or regulation granted to any tenant shall relieve any other tenant from the obligation of complying with the rule or regulation unless such other tenant has received a similar waiver in writing from Landlord. 1. The sidewalks, entrances, passages, and the parking, loading, and service areas, Common Areas, or other parts of the Building not occupied by any tenant shall not be unreasonably withheldobstructed or encumbered by any tenant or used for any purpose other than ingress and egress to and from the tenant's premises. Landlord shall have the exclusive right to control and operate the Common Areas, and the facilities furnished for the common use of the tenants of the Building, in such manner as Landlord deems best for the benefit of the tenants generally. No tenant shall permit the visit to its premises of persons in such numbers or under such conditions as to interfere with the use and enjoyment by other tenants of the Common Areas. Landlord shall in any cases retain the right to control or prevent access by any person whose presence, in Landlord's judgment, would be prejudicial or harmful to the safety, peace, character or reputation of the Building or of any tenant of the Building. 2. No awnings or other projections shall be attached to the outside walls of the Building without the prior written consent of Landlord. No drapes, blinds, shades, or screens shall be attached to or hung in, or used in connection with, any window or door of a tenant's premises, without the prior written consent of Landlord, except the blinds specified as building standard in Exhibit B of the Lease. If Landlord has installed or hereafter installs any shade, blind or curtain in any premises, no tenant shall remove it without first obtaining Landlord's written consent thereto. Approved blinds must be kept in the down position at all times but may be pivoted open or closed as chosen by each tenant. Any other awnings, projections, curtains, blinds, screens or other fixtures must be of a quality, type, design and color, and attached in the manner approved by Landlord. 3. No sign, advertisement, notice or other lettering shall be exhibited, installed, inscribed, painted or affixed by any tenant on any part of the outside or inside of the tenant's premises or any window thereof, or any part of the Building, including the rear entrance and loading areas, without the prior written consent of Landlord. In the event that Landlord consents to such additions, alterations, changes or improvements, then all additions, alterations, changes or improvements shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become of the property violation of Landlord; provided, howeverthe foregoing by any tenant, Landlord may, at its option, require Tenant, at Tenant’s sole cost and expense, to may remove same without any such additions, alterations, changes or improvements at the expiration or sooner termination of this Leaseliability, and to repair any damages to may charge the Leased Premises caused expense incurred by such removal provided Landlord has informed Tenant of such requirement at to the time of tenant or tenants violating this rule. All signs, including interior signs on the doors and directory tablet shall be designed and installed by Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep only identify each tenant and be of a size, color and style acceptable to Landlord. Approved vending machines must be placed so as to not be visible from outside of the Leased PremisesBuilding. 4. No fixtures, Property and Park free from all mechanics’ liens and plumbing, electrical equipment, show cases or other such liens arising from items not shown on approved plans shall be installed or affixed to any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge part of any lien which attaches as a result tenant premises or the exterior of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractorsBuilding, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest nor placed in the Leased PremisesCommon Areas, Property or Park as a result thereofwithout the prior written consent of Landlord.

Appears in 1 contract

Sources: Office Lease Agreement (Condor Technology Solutions Inc)

Alterations. Tenant shall not make additions, no alterations, changes additions or improvements in or to the Premises (any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises foregoing being “Tenant Work”) without the prior written consent of Landlord and only in accordance with the requirements of this Lease and Landlord’s rules and regulations under Section 5.4. Notwithstanding the foregoing, after notice to Landlord but without any requirement EAST\66392481.7 for Landlord’s consent, Tenant may perform (i) cosmetic or decorative alterations in the Premises (including repainting and installing carpet) and (ii) other alterations which do not affect the Building’s structure or base building systems and which cost no more than $200,000.00 in the aggregate for a single project, provided that all such alterations are made in accordance with the requirements of this Lease, including without limitation this Section 5.9 and Exhibit B. Prior to commencing work, Tenant’s contractors shall provide certificates of insurance to Landlord evidencing that such contractors have sufficient insurance to complete the portion of the Tenant Work for which they are responsible, in such form and amounts as may be reasonably approved by Landlord in advance. Any alterations, additions and improvements to the Premises, except movable furniture, equipment, and trade fixtures, shall belong to Landlord. Except as otherwise expressly provided in this Lease, all alterations, additions and improvements to the Premises shall be at Tenant’s sole cost. Tenant shall pay, when due, the entire cost of all Tenant Work so that the Premises shall always be free of liens for labor or materials or professional services by design professionals. If any mechanic’s lien (which term shall include all similar liens relating to the furnishing of labor and materials and professional services by design professionals) is filed against the Building which is claimed to be attributable to Tenant, its agents, employees, contractors, or persons working under Tenant’s direction or control (other than on account of Landlord’s Initial Construction and/or other work hereunder so performed by Landlord on account of Tenant), then Tenant shall give Landlord immediate notice of such lien and shall discharge the same by payment or filing any necessary bond within ten (10) days after Tenant has notice (from any source) of such lien. Landlord may, as a condition of its approval of any Tenant Work anticipated to cost $500,000 or more in the aggregate, require Tenant to deposit with Landlord a bond, letter of credit or other similar security in the amount of Landlord’s reasonable estimate of the value of such Tenant Work securing Tenant’s obligations to make payments for such Tenant Work. Landlord’s approval of the construction documents shall signify Landlord’s consent to the work shown thereon only and Tenant shall be solely responsible for any errors or omissions contained therein. Landlord’s consents and approvals under this Section 5.9 shall not be unreasonably withheld. In the event that Landlord consents to such additions, alterations, changes conditioned or improvements, then all additions, alterations, changes or improvements shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, at Tenant’s sole cost and expense, to remove any such additions, alterations, changes or improvements at the expiration or sooner termination of this Lease, and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereofdelayed.

Appears in 1 contract

Sources: Office Lease (IntraLinks Holdings, Inc.)

Alterations. (a) Tenant shall not make additions, no alterations, changes additions or improvements in or to any structural components or the exterior of the Leased Premises or which reduce install fixtures in the value of the Leased Premises without the prior written consent of first obtaining Landlord's consent, which consent shall not be unreasonably withheldwithheld or delayed, provided however, that Landlord may withhold its consent in its sole and absolute discretion if there are any material modifications to any structural components of the Building or any of the Building's operating systems, including, without limitation, heating, ventilating, air conditioning, plumbing, electrical, and other operating systems. Notwithstanding the foregoing, Tenant may, without Landlord's prior consent, make alterations, additions or improvements to the Premises or install fixtures in the Premises where ( i ) the cost of the work will not exceed $10,000 in any calendar year, and (ii) such work does involve any structural components of he Building or any of the Building's operating systems, including, without limitation, heating, ventilating, air conditioning, plumbing, electrical, and other operating systems. Tenant shall give Landlord at least twenty (20) days prior written notice of any such work. In connection with Tenant's request for Landlord's consent under this Lease, Tenant shall pre-pay to Landlord a Two Hundred Fifty Dollar ($250.00) charge for Landlord's review of applicable documents and plans, together with any third- party costs and expenses incurred or to be incurred by Landlord related thereto. In no event, however, may the event that Landlord consents to such additions, Tenant make any alterations, additions or improvements or install fixtures which, in Landlord's reasonable judgment, might adversely affect the structural components of the Building or Building mechanical, utility or life safety systems. At the time such consent is requested, Tenant shall furnish to Landlord a description of the proposed work, an estimate of the cost thereof and such information as shall reasonably be requested by Landlord substantiating Tenant's ability to pay for such work. Landlord, at its sole option, may require as a condition to the granting of such consent to any work costing in excess of ($10,000), that Tenant provide to Landlord, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to one and one-half (1 1/2) times any and all estimated costs of the proposed work, to insure Landlord against any liability for mechanics' and materialmen's liens and to insure completion of the work. Before commencing any work (whether or not requiring Landlord's consent), Tenant shall give Landlord at least twenty (20) days written notice of the proposed commencement of such work in order to give Landlord an opportunity to prepare, post and record such notice as may be permitted by law to protect Landlord's interest in the Premises and the Building from mechanics' and materialmen's liens. Within a reasonable period following completion of any work for which plans and specifications were required to obtain a building permit for such work, Tenant shall furnish to Landlord "as built" plans showing the changes or improvements, then all additions, made to the Premises. (b) Any alterations, changes additions or improvements to the Premises shall be constructed made by Tenant at Tenant’s 's sole expense cost and shallexpense, upon completion thereofand any contractor, subcontractor or other person selected by Tenant to make the same shall be selected from Landlord's approved bidder list. Tenant's contractor and its subcontractors shall employ union labor to the extent necessary to insure, so far as may be possible, the progress of the alterations, additions or improvements and the performance of any other work or the provision of any services in the Building without interruption on account of strikes, work stoppage or similar causes of delay. All work performed by Tenant shall comply with the laws, rules, orders, directions, regulations and requirements of all governmental entities having jurisdiction over such work and shall comply with the rules, orders, directions, regulations and requirements of any nationally recognized board of insurance underwriters. All alterations, additions and improvements shall immediately become Landlord's property and, at the property end of Landlordthe term hereof, shall remain on the Premises without compensation to Tenant; provided, however, that if required by Landlord mayprior to the end of the term of the Lease, Tenant shall, prior to the end of the term, at its option, require Tenant, at Tenant’s sole cost and expense, to remove any such additions, the alterations, changes or additions and improvements required to be removed by Landlord and repair and restore the Premises substantially to their condition at the expiration or sooner termination commencement of this Leasethe term. Notwithstanding any of the foregoing, and but subject to Tenant's obligation to repair any damages damage caused by the removal of such items, all of Tenant's trade fixtures, furniture, furnishings, equipment and other easily movable personal property not permanently affixed to the Leased Premises caused by shall, subject to the provisions hereof, remain the property of Tenant. Upon Tenant's written request, Landlord shall notify Tenant whether Landlord will require Tenant to remove such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord againstalteration, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, addition or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereofimprovement when this lease terminates.

Appears in 1 contract

Sources: Office Lease (Walker Interactive Systems Inc)

Alterations. (a) Supplementing Paragraph 3 of the printed form portion of this lease, any amount billed by Landlord's construction affiliate in connection with any work performed by such affiliate on behalf of Tenant shall not make additionsbe deemed to be additional rent for purposes of this lease. Further supplementing Paragraph 3 of the printed form portion of this lease, with respect to any and all alterations, changes installations, additions and improvements (each, an "Alteration") permitted by Landlord to be performed by or improvements on behalf of Tenant in the Demised Premises (other than Landlord?s Work), Tenant will deliver to Landlord certificates evidencing Worker's Compensation Insurance and Contractor's General Liability Insurance in the amount reasonably satisfactory to Landlord (but in no event less than the amounts set forth in paragraph 59 herein) prior to the commencement of such work. Any and all Alterations and any and all structures or fixtures, except movable trade fixtures not attached to any structural components the realty, installed by or the exterior on behalf of the Leased Premises or which reduce the value of the Leased Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. In the event that Landlord consents to such additions, alterations, changes or improvements, then all additions, alterations, changes or improvements Tenant shall be constructed at Tenant’s sole expense deemed attached to the freehold and shall, upon completion thereof, automatically become the property of Landlord; providedLandlord upon installation, howeverunless Landlord shall elect otherwise. If Landlord elects to have Tenant remove same at the expiration of the term of this lease, Tenant shall, prior to the expiration or sooner termination of the term of this lease, perform such removal and repair, at its own cost and expense, any damage to the Demised Premises caused by said removal. Notwithstanding the foregoing, Landlord may, at its option, require Tenantin lieu of requiring Tenant to perform such removal and restoration, at Tenant’s sole invoice Tenant for the reasonable estimated cost for performing such work and expenseTenant shall pay such invoice, as additional rent, within thirty (30) days of such invoice. All Alterations (other than those performed by Landlord or its construction affiliate) made to the Demised Premises shall be subject to Landlord's construction inspection fee of 8% of the cost thereof which shall be payable, as additional rent, to remove any such additions, alterations, changes or improvements at the expiration or sooner termination of this Lease, and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval's construction affiliate. Tenant hereby agrees to indemnify and defend Landlord against, and Such 8% fee shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant not be charged in connection with Tenant?s initial setup of the Leased Demised Premises in order to prepare the Demised Premises for Tenant's initial occupancy thereof. In receiving such fee, Landlord assumes no responsibility for the quality or manner in which any Alterations are performed (except for those Alterations performed by Landlord or Landlord's construction affiliate). Tenant shall not, without the express written consent of Landlord, enter upon the roof or attach or install anything thereon or make any Alterations thereto. With respect to any mechanic?s lien for which Tenant is responsible for removing or bonding hereunder, Tenant shall reimburse Landlord for all costs and expenses incurred by Landlord in connection therewith (including, without limitation, reasonable attorneys' fees and disbursements of Landlord and any sums payable to Landlord's lender in connection therewith). Notwithstanding anything contained herein to the contrary, Landlord shall not unreasonably withhold, condition or delay its consent to any proposed non- structural and interior Alteration, provided that, Landlord shall have the right to require Tenant to employ Landlord or its construction affiliate to perform any Material Alteration (as hereinafter defined). The term "Material Alteration", as used herein, means any Alteration which may, in the reasonable opinion of Landlord (i) be structural in nature; (ii) affect the exterior or any structural portions or components of the Building; (iii) be visible from outside of the Demised Premises, and agrees to obtain ; (iv) affect the discharge usage or proper functioning of any lien which attaches as of the Building systems (including, without limitation, the heating, ventilation, air conditioning, plumbing, electrical, sprinkler or security systems serving the Building); (v) jeopardize health safety or life safety; (vi) require a result change to the certificate of occupancy for the Building; (vii) require the issuance of a building permit or other authorization by any governmental or quasi-governmental entity exercising jurisdiction over the Building; (viii) require the consent of any mortgagee or ground lessor of the Building and/or the Real Property; (ix) cause any previously non-mandatory legal requirement to become a mandatory legal requirement with regard to the Building (including, without limitation, any such legal requirement set forth in the Americans with Disabilities Act); or (x) have a cost of completion in excess of $10,000.00. With respect to any such Material Alterations performed by Landlord or Landlord?s construction affiliate, Landlord or Landlord's construction affiliate shall charge Tenant for such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given at rates that are comparable to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or those of other liens shall attach to or affect Landlord’s interest general contractors in the Leased Premiseslocal market (i.e., Property Suffolk County, New York). Landlord hereby agrees that Tenant shall be permitted to install a kitchenette and compressor lines within the Demised Premises provided that such installation does not materially interfere with or Park as a result thereofdelay Landlord's Work.

Appears in 1 contract

Sources: Loft Lease (Scientific Industries Inc)

Alterations. Tenant shall not make additionsalterations and additions to Tenant’s Premises except in accordance with plans and specifications therefor first approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. However, Landlord’s determination of matters relating to aesthetic issues relating to alterations, changes additions or improvements which are visible outside the Premises (including, without limitation, from common lobbies within the Building) shall be in Landlord’s sole discretion. Without limiting such standard Landlord shall not be deemed unreasonable for withholding approval of any alterations or additions (including, without limitation, any alterations or additions to be performed by Tenant under Article III) which (a) in Landlord’s opinion might adversely affect any structural or exterior element of the Building, any area or element outside of the Premises, or any facility or base building mechanical system serving any area of the Building outside of the Premises, or (b) involve or affect the exterior design, size, height, or other exterior dimensions of the Building or (c) will require unusual expense to readapt the Premises to normal office use on Lease termination or expiration or 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 requirements of insurers of the Building and the other requirements of this Lease with respect to Tenant’s insurance obligations (herein called “Insurance Requirements”) nor deemed a waiver of Tenant’s obligations under this Lease with respect to applicable Legal Requirements and Insurance Requirements nor impose any liability or obligation upon Landlord with respect to the completeness, design sufficiency or compliance of such plans, specifications and work with applicable Legal Requirements and Insurance Requirements nor give right to any other parties. Further, Tenant acknowledges that Tenant is acting for its own benefit and account, and that Tenant shall not be acting as Landlord’s agent in performing any work in the Premises, accordingly, no contractor, subcontractor or supplier shall have a right to lien Landlord’s interest in the Property in connection with any such work. Within thirty (30) days after receipt of an invoice from Landlord, Tenant shall pay to Landlord as a fee for Landlord’s review of any work or plans (excluding any review respecting initial improvements performed pursuant to Article III hereof for which a fee has previously been paid but including any review of plans or work relating to any assignment or subletting), as Additional Rent, an amount equal to the sum of: (i) $[***] per hour for time spent by Landlord’s in-house personnel, plus (ii) third party expenses incurred by Landlord to review Tenant’s plans and Tenant’s work. All alterations and additions shall be part of the Building unless and until Landlord shall specify the same for removal pursuant to Section 5.2. All of Tenant’s alterations and additions and installation of furnishings shall be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not to damage the Buildings or Site or interfere with construction or operation of the Buildings and other improvements to the Site and, except for installation of furnishings, shall be performed by Landlord’s general contractor or by contractors or workers first approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Except for work by Landlord’s general contractor, Tenant, before its work is started, shall secure all licenses and permits necessary therefor; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and material to be furnished by them and security satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such labor and material; and cause each contractor to carry insurance in accordance with Section 8.14 herein and to deliver to Landlord certificates of all such insurance. Tenant shall also prepare and submit to Landlord a set of as-built plans, in both print and electronic forms, showing such work performed by Tenant to the Premises promptly after any such alterations, improvements or installations are substantially complete and promptly after any wiring or cabling for Tenant’s computer, telephone and other communications systems is installed by Tenant or Tenant’s contractor. Without limiting any of Tenant’s obligations hereunder, Tenant shall be responsible, as Additional Rent, for the costs of any alterations, additions or improvements in or to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. In the event Building that Landlord consents are required in order to such additions, alterations, changes or improvements, then all additions, alterations, changes or improvements shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, at Tenant’s sole cost and expense, to remove any such additions, alterations, changes or improvements at the expiration or sooner termination of this Lease, and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection comply with the Leased Premises, and agrees to obtain the discharge of any lien which attaches Legal Requirements as a result of any work performed by Tenant. Landlord shall have the right to provide such work immediately after reasonable rules and regulations relative to the performance of any alterations, additions, improvements and installations by Tenant hereunder and Tenant shall abide by all such lien attaches or reasonable rules and regulations and shall cause all of its contractors to so abide including, without limitation, payment for the labor reasonable costs of using Building services. Tenant agrees to pay promptly when due the entire cost of any work done on the Premises by Tenant, its agents, employees, or material is due. Notice is hereby given to all Tenant’s independent contractors, subcontractors, materialmen and not to cause or suppliers that Landlord is not liable permit any liens for any labor or materials performed or furnished in connection therewith to Tenant on credit and no mechanics’ or other liens shall attach to the Premises or affect Landlord’s interest the Buildings or the Site and immediately to discharge any such liens which may so attach. Tenant shall pay, as Additional Rent, 100% of any real estate taxes on the Property which shall, at any time after commencement of the Term, result from any alteration, addition or improvement to the Premises made by Tenant. Tenant acknowledges and agrees that Landlord shall be the owner of any additions, alterations and improvements in the Leased Premises, Property Premises or Park as a result thereofthe Building to the extent paid for by Landlord.

Appears in 1 contract

Sources: Lease Agreement (TESARO, Inc.)

Alterations. a. Tenant shall not make additions, or permit to be made any alterations, additions or changes or improvements in or (collectively called “Alterations”) to any structural components or the exterior part of the Leased Premises or which reduce the value of the Leased Premises without first obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld. In the event that Landlord consents to such additions, alterations, changes or improvements, then all additions, alterations, changes or improvements Alterations shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, at Tenant’s sole cost and expense, to remove any such additions, alterations, changes or improvements at owned by Tenant until the expiration or sooner earlier termination of the Term. Any Alterations that are not deemed to be trade fixtures, shall become a part of the Premises. Any Alterations designated by Landlord for removal that remain in the Premises after the time designated for removal shall be conclusively deemed abandoned and may be disposed of or retained by Landlord as permitted by Law; title thereto shall be automatically vested in the Landlord upon the termination of this Lease. Tenant shall be liable for all damage to the Premises and the Project arising from the installation or removal of any Alterations. b. Any and all Alterations made by Tenant shall be designed by a competent licensed architect or engineer and shall be made under the supervision of such architect or engineer by financially sound, bondable contractors of good reputation, in accordance with plans and specifications (including material and color samples), approved in writing by Landlord before commencement of any work. c. Landlord may require in connection with its consent to any Alterations that: (i). any contractor or major subcontractors provide payment and completion bonds in such amounts and with sureties acceptable to Landlord; (ii) Tenant deliver a set of plans and specifications approved by the building department; and (iii) Tenant agree in writing to remove all or a portion of the Alterations as designated by Landlord. d. Tenant shall perform or cause to be performed all work hereunder in accordance with such reasonable rules and regulations as Landlord may from time to time prescribe with respect thereto, and in such manner so as not to repair any damages obstruct or interfere with access to the Leased Premises caused by premises of any other tenant or owner of any portion of the Project, the business of any such removal provided tenant or owner conducted therein, or any portion of the Common Area. Prior to commencing any work hereunder, Tenant shall supply to Landlord has informed evidence that Tenant’s contractor or contractors have procured such insurance as Landlord may prescribe in connection with such work. Upon completion of any Alteration to the Premises, Tenant shall provide Landlord with “as built” drawings reflecting the completed condition of such requirement at work. e. Not less than ten days before starting any alteration or improvement consented to by Landlord, Tenant shall: (1) notify Landlord of the time names and addresses of all contractors, subcontractors and materialmen who may provide labor, services or materials in connection with such work, and (2) serve and post notice of the non-lienability of Landlord’s approval. interest in the Project pursuant to Colorado Revised Statutes Section 38-22-105(2), as amended (or the corresponding provisions of any future law). f. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property Premises free and Park free from all mechanics’ clear of liens and other such liens arising claims resulting from any work performed, material furnished, performed or obligations incurred by Tenant materials furnished to or at the direction of Tenant. If any such lien is asserted or filed, Tenant shall cause such lien to be satisfied and discharged within ten days thereafter, or, if Tenant desires to contest such lien, then Tenant shall deposit with Landlord such security as Landlord may reasonably demand to ensure payment of such lien and all related costs and expenses. In the event Tenant fails to satisfy and discharge any such lien or to deposit security therefore with Landlord, then Landlord shall have the right (in connection with the Leased Premisesaddition any other remedies) to expend all sums necessary to contest or compromise and discharge such lien, by bonding or by payment, and agrees to obtain the discharge of any lien which attaches as a result of Tenant shall reimburse Landlord upon demand for all such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractorssums, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit including attorneys’ fees and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereofcosts.

Appears in 1 contract

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

Alterations. Tenant will not make or permit anyone to make any alterations, additions or improvements, structural or otherwise, in or to the Leased Premises or the Building, without first obtaining the written consent of Landlord which consent may be granted or withheld in Landlord's sole and absolute discretion. In the event Landlord consents to any such alterations, etc., TENANT SHALL HAVE THE RIGHT TO UTILIZE A CLASS-A GENERAL CONTRACTOR APPROVED BY LANDLORD IN WRITING OR, IF TENANT REQUIRES LANDLORD TO PERFORM THE WORK, Tenant shall not make additionsbe obligated to pay Landlord the cost thereof plus ten percent (10%) for overhead and FIVE percent (5%) for profit, payable fifty percent (50%) upon commencement and fifty percent (50%) upon completion. Such payments shall be deemed to be Additional Charges hereunder. In the event Landlord grants such consent and permits Tenant to contract out such work, such alterations shall be performed by adequately insured contractors approved by Landlord and in a good and workmanlike manner in accordance with all applicable Requirements, and Tenant shall indemnify and hold harmless Landlord from and against any and all costs, expenses, claims, liens and damages to person or property resulting from the making of any such alterations, changes decorations, additions or improvements in or to any structural components or the exterior of the Leased Premises or which reduce the value of Building. Tenant shall not permit a mechanic's lien or liens to be placed upon the Leased Premises or the Building as a result of any alterations or improvements made by it and agrees, if any such lien be filed on account of the acts of Tenant, promptly to pay the same. In the event Tenant fails to pay any such lien, it may be paid by Landlord without releasing Tenant and the cost charged to Tenant as additional rent under this Lease. If any such alterations, decorations, additions or improvements are made without the prior written consent of Landlord, which consent shall not be unreasonably withheld. In Landlord may correct or remove the event that Landlord consents to such additions, alterations, changes or improvements, then all additions, alterations, changes or improvements same and Tenant shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, at Tenant’s sole cost and expense, to remove any such additions, alterations, changes or improvements at the expiration or sooner termination of this Lease, and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest all costs and expenses incurred by Landlord in the Leased Premises, Property or Park as a result thereofsuch removal.

Appears in 1 contract

Sources: Office Lease Agreement (Template Software Inc)

Alterations. (a) Tenant shall have the right to make such alterations to the Premises as may be necessary for the conduct of Tenant’s business, using such contractors selected by Tenant and reasonably approved in writing in advance by Landlord (“Additional Work”). Tenant shall not make additionsany alterations impacting the exterior, alterationsstructure, changes roof, mechanical, utility facilities or improvements in systems or to any structural components parking or the exterior of the Leased Premises or which reduce the value of the Leased Premises access without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, and Tenant shall obtain all necessary building permits as are required for such work. In the event that Tenant desires to make any alterations impacting the exterior, structure, roof or mechanical, utility facilities or systems or parking or access after the Initial Occupancy Date, Tenant shall so notify Landlord, and Tenant shall submit to Landlord consents to for approval plans and specifications for such additions, alterations, changes or improvements, then all additions, alterations, changes or improvements work. All costs and expenses of such Additional Work shall be constructed at the sole cost and expense of Tenant. The parties agree that after the Commencement Date, Tenant shall be permitted to perform any Additional Work, without Landlord’s sole expense consent so long as the cost of such Additional Work is reasonably expected not to exceed $100,000 and shallsuch Additional Work does not require any alterations which impact the exterior, upon completion thereofstructure, become roof or mechanical, utility facilities or systems or parking or access. The parties agree that all Additional Work shall be done in full compliance with all applicable Laws and in a good and workmanlike manner, in accordance with the property original quality and design of Landlordthe Building and in accordance with plans and specifications approved by Landlord if approval is required. Landlord shall not unreasonably withhold, condition or delay its approval of any Additional Work requested by Tenant; provided, however, that such proposed Additional Work does not reduce the value of the Premises or does not adversely impact the mechanical or utility facilities, the structure or the roof of the Building. Except as provided herein (particularly with respect to Tenant’s trade fixtures, furnishings, equipment and signs), such additions or alterations made by Tenant shall become part of the Premises and shall be returned to Landlord mayas part of the Premises upon termination. If Landlord requires removal of specific alterations at the end of the Term as a condition to a Landlord approval, if such approval is required, Tenant shall so remove the specified alterations prior to the end of the Term and restore the Premises to the condition existing prior to the making of such alterations. Tenant shall also have the right to install, attach, affix or otherwise place in or upon the Premises, any and all trade fixtures, furnishings, equipment and exterior signs (subject to Landlord’s prior review and written approval with respect to exterior signage) necessary or desirable for Tenant’s proper use of the Premises. Notwithstanding anything to the contrary, Tenant will retain ownership and shall have the right to remove any and all of Tenant’s trade fixtures, furnishings, equipment and exterior signs (including without limitation telecommunications equipment, computers, office furniture, office equipment, disaster recovery back-up equipment, cabling, wiring, signs, etc.) at any time including at the termination or expiration of this Lease (at which time Tenant shall be obligated to remove all such items), whether or not the same shall be deemed to be affixed to the Premises. After removal, Tenant shall, at its option, require Tenant, at Tenant’s sole cost and expense, to remove any such additions, alterations, changes or improvements at restore the expiration or sooner termination of this Lease, and to repair any damages Premises to the Leased Premises caused by such removal provided Landlord has informed Tenant same condition in which they were prior to the installation, attachment or placement of such requirement at the time of Landlord’s approval. machinery, trade fixtures, furnishings, equipment and exterior signs, subject to reasonable wear and tear. (b) Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all will not permit any mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at lien to be placed upon the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches Premises as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished contracted for or provided to Tenant. Nothing in this Lease shall be deemed or construed in any way as giving Tenant on credit and no any right, power, or authority to contract for or permit the rendering of any work that would or might give rise to any mechanics’ or other liens shall attach to or affect Landlord’s interest in against the Leased Premises, Property or Park . If any such lien is claimed against the Premises as a result thereofof labor or material contracted for or by Tenant, then Tenant shall be required to discharge said lien or provide security reasonably acceptable to Landlord and Landlord’s lender within ten (10) days after receipt of written notice of filing, and in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, discharge the same, upon prior written notice to Tenant. Any amount paid by Landlord for such purposes shall be paid by Tenant to Landlord as Additional Rent within ten (10) days of Landlord’s written demand therefor, accompanied by evidence of payment by Landlord.

Appears in 1 contract

Sources: Lease Agreement (Ensemble Health Partners, Inc.)

Alterations. Tenant shall not make additionsnot, alterations, changes or improvements in or to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises without the prior written consent of Landlord in each instance obtained, make any repairs, replacements, alterations, improvements or additions (collectively, "Improvements") to the Premises, the performance of which affects the Building structure, Building systems, common areas or other tenants' premises. Tenant shall give Landlord reasonable prior notice of all Improvements during the Term whether or not Landlord's consent thereto is required. To the extent Landlord's consent is required for any Improvements, which such consent shall not be unreasonably withheld or delayed, but such consent may be conditioned upon such requirements regarding such Improvements as Landlord deems appropriate, including without limitation, the submission of detailed plans and specifications, and such Improvements shall be of a quality equal to or better than the standards of the Building. At the time that Landlord gives its consent to any such improvements, Landlord may designate in writing any items which are atypical for standard office uses or require unusual expense for the removal (such as, but not limited to, staircases and vaults) as items which Landlord reserves the right to require Tenant to remove upon the expiration of the Term or upon any termination of this Lease or Tenant's right to possession hereunder. Neither approval of any plans and specifications nor supervision of any improvement work by Landlord or its agents shall constitute a representation or warranty by Landlord or its agents that such plans or work either (i) are complete or suitable for their intended purpose, or (ii) comply with applicable laws, ordinances, codes and regulations, it being expressly agreed by Tenant that Landlord assumes no responsibility or liability whatsoever to Tenant or to any other person or entity for such completeness, suitability or compliance. All such Improvements shall be done at Tenant's expenses by employees or agents of Landlord or contractors hired by Landlord (or by contractors hired by Tenant which contractors shall be subject to Landlord's prior written consent, which shall not be unreasonably withheld, and which contractors must be reputable and financially responsible, maintain proper insurance and /***/), and, in either event, Tenant shall pay to Landlord or its agent a reasonable charge for supervision, general conditions, overhead and other actual out-of-pocket costs and expenses incurred by Landlord in connection with such work, as established by Landlord from time to time. The billing for such employees' time and general conditions shall be based upon the then published rates of the Building. In the event that Tenant uses its own contractors for the Improvements Landlord consents may, without limitation, require Tenant to: (a) comply with such constructions standards or procedures as may be applicable from time to time for construction activities in the Building; (b) give assurances reasonably satisfactory to Landlord that the construction of such additionsImprovements will not /***/; (c) submit satisfactory insurance certificates; (d) obtain all necessary permits; (e) furnish satisfactory security for the payment of all costs to be incurred in connection with the Improvements; and (f) upon completing any such Improvements, alterationsfurnish Landlord with contractors' affidavits and full and final waivers of lien and receipted bills covering all labor and material expended and used and furnish Landlord with final construction drawings (marked up as constructed) for any such Improvements. (1) Tenant's business is deemed a "public accommodation" or "commercial facility", changes (2) such requirements are "readily achievable", and (3) a given alteration affects a "primary function area" or improvementstriggers "path of travel" requirements. The parties hereby agree that __________________ *** Confidential Information has been omitted and filed separately with the Securities and Exchange Commission. (a) Landlord shall be responsible for ADA Title III compliance in the common areas of the Building, then except as provided below, (b) Tenant shall be responsible for ADA Title III compliance in the Premises, including direct access into the Premises and any leasehold improvements or other work to be performed in the Premises under or in connection with this Lease other than the Shell and Core Work, and (c) Landlord may perform, or require that Tenant perform, and Tenant shall be responsible for the cost of, ADA Title III "path of travel" requirements triggered by alterations in the Premises other than the Shell and Core Work and the Tenant's Work to be performed in connection with Tenant's initial occupancy of the Premises. Tenant shall be solely responsible for requirements under Title I of the ADA relating to Tenant's employees. All Improvements shall comply with all additionsinsurance requirements and with all applicable governmental laws, alterationsrequirements, changes or improvements codes, ordinances and regulations. All Improvements shall be constructed at Tenant’s sole expense in a good and shall, upon completion thereof, become the property workmanlike manner and only good grades of material shall be used. Except for he negligence of Landlord, its beneficiary or their respective agents, Tenant shall protect, defend, indemnify and hold Landlord, the Building and the Property, Landlord's beneficiaries, and their respective officers, directors, beneficiaries, partners, agents and employees harmless from any and all liabilities of every kind and description which may arise out of or in connection with such Improvements. All Improvements made by Landlord or Tenant in or upon the Premises whether temporary or permanent in character, including but not limited to wall coverings, carpeting and other floor covering, lighting installations, built-in or attached shelving, cabinetry, and mirrors, and shall become Landlord's property and shall remain upon the Premises at the termination of this Lease by Lapse of time or otherwise without compensation to Tenant [excepting only Tenant's movable office furniture, trade fixtures (other than attached or installed lighting equipment), telecommunications and broadcasting equipment and office equipment]; provided, however, that Landlord may, at its option, shall have the right to require Tenant, Tenant to remove at Tenant’s 's sole cost and expense, to remove any such additions, alterations, changes or improvements at expense in accordance with the expiration or sooner termination provisions of Article 16 of this Lease: such Improvements which, and to repair any damages in the case of initial Improvements to the Leased Premises caused Premises, are atypical for standard office uses or require unusual expense for removal (such as, but not limited to, staircases, vaults and telecommunications and broadcasting equipment) and are so identified in writing by such removal provided Landlord has informed Tenant of such requirement at the time of its approval of the Plans pursuant to Article 35; any and all hazardous materials installed or placed in the Premises by Tenant; any equipment installed by Tenant on the roof of the Building or elsewhere outside the Premises, and any cabling and wiring and other facilities located outside the Premises and serving or intended to serve the Premises; and any items which Landlord previously designated for possible removal, at the time Landlord granted its consent to such Improvements, as provided above in this Article 8. All cabling, wiring and equipment installed at any time by or on behalf of Tenant outside of the Premises on the Property, whether as part of the initial Tenant's Work or otherwise, including, without limitation, any such items installed in connection the Antennae described in Article 40 hereof (any installation of any such cabling, wiring or equipment shall in all cases be subject to Landlord’s approval's consent in its absolute discretion), shall be operated and maintained at Tenant's sole cost and expense in a manner which does not disturb improvements on the Property or the operation thereof or interfere with the operations of, or services provided to, tenants in the Building. Tenant hereby agrees Any such installation, operation, and maintenance shall be in accordance with any reasonable rules and regulations established by the Landlord from time to indemnify and defend Landlord againsttime, shall be at Tenant's sole risk, and shall keep be subject to the Leased PremisesTenant insurance requirements of Article 25 hereof and the provisions of Article 11 hereof. All such cabling, Property wiring and Park free from all mechanics’ liens and equipment shall be appropriately identified by color code, identification plate and/or other such liens arising from any work performed, material furnished, or obligations incurred means reasonably specified by Tenant or Landlord at the direction time of Tenant in connection with the Leased Premisesinstallation if initially installed by Tenant, and agrees to obtain the discharge of any lien which attaches Tenant shall provide Landlord with plans and drawings locating and identifying such items in such detail as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect may be reasonably requested by Landlord’s interest in the Leased Premises, Property or Park as a result thereof.

Appears in 1 contract

Sources: Office Lease (21st Century Telecom Group Inc)

Alterations. Tenant Except for Non-Material Alterations (as defined herein), Lessee shall provide Lessor with thirty (30) days advance written notice providing Lessor with copies of plans and specifications for such alterations and names of the contractors Lessee intends to use, however, Lessor reserves the right to change, in its commercially reasonable discretion, the Contractor to be used to make the alterations. Notwithstanding anything to the contrary contained herein, Lessee shall have the right to make alterations or physical additions to the Leased Premises that (i) are non-structural and do not make additionsmaterially adversely affect any Building systems (i.e. HVAC, alterationssprinkler main or riser systems) or improvements, changes or improvements in or to any structural components or (ii) are not visible from the exterior of the Leased Premises or Premises, and (iii) the cost of which reduce does not exceed $20,000, ("Non-Material Alterations") without the value need for Lessor's prior consent. Prior to commencement of construction of the Leased Premises without alterations (other than Non-Material Alterations), Lessee shall deliver to Lessor a building permit, copy of the prior written consent executed construction contract, evidence of Landlord, which consent contractor and subcontractor’s insurance for such period and in such amounts as Lessor reasonably requires. Lessee shall not be unreasonably withheldpay to Lessor upon demand a review fee in the amount of Lessor’s actual costs incurred to compensate Lessor for the cost of review and approval of the plans and specifications and for additional administrative costs incurred in monitoring the construction of the alterations (other than Non-Material Alterations). In Lessee shall deliver to Lessor a copy of the event that Landlord consents to such additions, alterations, changes “as-built” plans and specifications for all alterations or improvements, then all additions, alterations, changes physical additions so made in or improvements shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, at Tenant’s sole cost and expense, to remove any such additions, alterations, changes or improvements at the expiration or sooner termination of this Lease, and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against(other than Non-Material Alterations), and shall keep reimburse Lessor for the commercially reasonable cost incurred by Lessor to update its current architectural plans for the Building. Lessee shall indemnify, defend (with counsel reasonably acceptable to Lessor) and hold harmless the Lessor from and against all costs (including attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Lessee to the Leased Premises, Property and Park free from all including but not limited to any mechanics’ or materialmen’s liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant asserted in connection with therewith. Lessee shall not be deemed to be the agent or representative of Lessor in making any such alterations, physical additions or improvements to the Leased Premises, and agrees shall have no right, power or authority to obtain encumber any interest in the discharge of Complex in connection therewith other than Lessee’s leasehold estate under this Lease Agreement. However, should any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens be filed against any portion of the Complex or any interest therein (other than Lessee’s leasehold estate hereunder) by reason of Lessee’s acts or omissions or because of a claim against Lessee or its contractors, Lessee shall attach cause the same to be canceled or affect Landlorddischarged of record by bond or otherwise within ten (10) business days after notice by Lessor. If Lessee shall fail to cancel or discharge said lien or liens, within said ten (10) business day period, which failure shall be deemed to be a default hereunder, Lessor may, at its sole option and in addition to any other remedy of Lessor hereunder, cancel or discharge the same and upon Lessor’s interest demand, Lessee shall promptly reimburse Lessor for all reasonable costs incurred in canceling or discharging such lien or liens. Lessee shall cause all alterations, physical additions, and improvements (including fixtures), constructed or installed in the Leased PremisesPremises by or on behalf of Lessee to comply with all applicable governmental codes, Property ordinances, rules, regulations and laws. Lessee acknowledges and agrees that neither Lessor’s review and approval of Lessee’s plans and specifications nor its observation or Park as a result thereofsupervision of the construction or installation thereof shall constitute any warranty or agreement by Lessor that same comply with such codes, ordinances, rules, regulations and laws.

Appears in 1 contract

Sources: Lease Agreement (Bio-Path Holdings Inc)

Alterations. Subject to the express provisions of this Lease, Tenant shall not make additions, any alterations, changes additions or improvements in or to any structural components or the exterior of Premises after the Leased Premises or which reduce initial Work (as defined below) (collectively, the value of the Leased Premises “Alterations”) without the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Premises. Landlord shall not unreasonably withhold, condition or delay its consent to proposed Alterations. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time Tenant requests Landlord’s consent to any Alterations if the desired Alterations: (i) may affect the Building’s Systems or Building’s Structure; (ii) will require the filing of plans and specifications with any governmental or quasi-governmental agency or authority; (iii) will cost in excess of Fifty Thousand and no/100 Dollars ($50,000.00); or (iv) will require a building permit or similar governmental approval to undertake. Subsequent to obtaining Landlord’s consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord, within ten (10) days after the rendition of a ▇▇▇▇, for all of Landlord’s out-of-pocket third party costs incurred in connection with any Alterations, including all third party engineering, outside consulting, and construction fees incurred by or on behalf of Landlord in connection with the review and approval of Tenant’s plans and specifications in connection with the proposed Alterations. If Landlord reasonably determines that the proposed Alterations may affect the Building structure or systems, then Landlord may condition its consent to the Alterations upon Tenant reimbursing Landlord for Landlord’s actual out-of-pocket costs incurred for engineering review of the plans and specifications for the proposed Alterations. If Landlord consents to the making of any Alteration, such Alteration shall be made by Tenant at Tenant’s sole cost and expense by a contractor approved in writing by Landlord, which approval shall not be unreasonably withheld. In Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may reasonably require. Without Landlord’s prior written consent, Tenant shall not use any portion of the event that Common Areas either within or without the Project or Complex, as applicable, in connection with the making of any Alterations. If (i) the Alterations which Tenant causes to be constructed result in Landlord consents being required to such additionsmake any alterations and/or improvements to other portions of the Project or Complex, alterationsas applicable, changes or improvementsin order to comply with any applicable Laws, and (ii) Landlord notifies Tenant of the same in writing prior to Landlord granting its consent to the Alteration, then Tenant shall reimburse Landlord upon demand for all additions, alterations, changes or improvements actual out-of-pocket costs and expenses incurred by Landlord in making such alterations and/or improvements. Any Alterations made by Tenant shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, at Tenant’s sole cost upon installation and expense, to remove any such additions, alterations, changes or improvements at shall remain on and be surrendered with the Premises upon the expiration or sooner termination of this Lease. Tenant shall have no obligation to remove any Alterations (whether performed pursuant to Exhibit D or otherwise) upon the surrender of the Premises. Without limiting the generality of the foregoing, Tenant shall not be required to remove any cabling or wiring. All construction work done by Tenant within the Premises shall be performed in a good and workmanlike manner with new materials of first-class quality, lien-free and in compliance with all Laws, and in such manner as to repair cause a minimum of interference with other construction in progress and with the transaction of business in the Project or Complex, as applicable. Tenant agrees to indemnify, defend and hold Landlord harmless against any damages loss, liability or damage resulting from such work except to the Leased Premises caused by such removal provided extent resulting from the negligence or willful misconduct of any Landlord has informed Tenant Party. The foregoing indemnity shall survive the expiration or earlier termination of such requirement at the time of this Lease. Landlord’s approval. Tenant hereby agrees consent to indemnify and defend Landlord againstor approval of any alterations, additions or improvements (or the plans therefor) shall not constitute a representation or warranty by Landlord, nor Landlord’s acceptance, that the same comply with sound architectural and/or engineering practices or with all applicable Laws, and Tenant shall keep the Leased Premisesbe solely responsible for ensuring all such compliance. All voice, Property and Park free from all mechanics’ liens data, video, audio and other such liens arising from any work performed, material furnished, or obligations incurred low voltage control transport system cabling and/or cable bundles installed in the Building by Tenant or its contractor shall be (A) plenum rated and/or have a composition makeup suited for its environmental use in accordance with NFPA 70/National Electrical Code; (B) installed in accordance with all EIA/TIA standards and the National Electric Code; (C) installed and routed in accordance with a routing plan showing “as built” or “as installed” configurations of cable pathways, outlet identification numbers, locations of all wall, ceiling and floor penetrations, riser cable routing and conduit routing (if applicable), and such other information as Landlord may request. The routing plan shall be available to Landlord and its agents at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereofBuilding upon request.

Appears in 1 contract

Sources: Office Lease Agreement (Cray Inc)

Alterations. Subject to installation of Tenant Improvements pursuant to Section 5, Tenant shall not make no additions, alterationschanges, changes alterations or improvements in or (“Work”) to any structural components or the exterior of the Leased Premises or which reduce any electrical, mechanical or fire protection facilities pertaining to the value of the Leased Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. In the event that Landlord consents to such additions, alterations, changes or improvements, then all additions, alterations, changes or improvements All Work shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, at Tenant’s sole cost and expenseshall be performed in a good and workmanlike manner and all 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 in writing by Landlord. Landlord requires that all Work be performed under Landlord’s supervision by Landlord approved contractor, and Tenant shall reimburse Landlord for any costs incurred as a result of such supervision. Tenant shall maintain a safe working environment, including the continuation of all fire and security protection devices, if any, previously installed in the Premises by Landlord. All damages or injury done to remove the Premises or the Building by Tenant or by any such additionspersons who may be in or upon the Premises or the Building with the express or implied consent of Tenant, including but not limited to the cracking or breaking of any glass of windows and doors, shall be paid for by Tenant and Tenant shall pay for all damage to the Building caused by acts or omissions of Tenant or Tenant’s officers, contractors, subcontractors, agents, invitees, licensees, employees, successors or assigns. If Landlord consents to or supervises any Work by Tenant, the same shall not be deemed a warranty as to the adequacy of the design, workmanship or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the same, except with respect to Landlord’s intentional misconduct. Landlord shall under no circumstances have any obligation to repair, maintain or replace any portion of any Work. All alterations, changes or additions and improvements except Tenant’s trade fixtures that do not become a part of the Building shall remain in and be surrendered with the Premises as a part thereof at the expiration or sooner termination of this Lease; provided, and to repair any damages to the Leased Premises caused by such removal provided however, that Landlord has informed Tenant of such requirement at the time of Landlordmay identify Required Removals on Tenant’s approvalplans. Tenant hereby agrees to indemnify shall comply with all applicable laws, codes and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant regulations in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereofWork.

Appears in 1 contract

Sources: Office Lease Agreement (Atossa Genetics Inc)

Alterations. Tenant agrees that it shall not make or allow to be made any alterations, physical additions, alterations, changes or improvements in or to any structural components or the exterior of the Leased Premises without first obtaining the written consent of Landlord in each instance, which consent may be conditioned, given, or withheld in Landlord's sole discretion. At the time of said request, Tenant shall submit to Landlord plans and specifications of the proposed alterations, additions, or improvements; and Landlord shall have a period of not less than sixty (60) days therefrom in which reduce to review and approve or disapprove said plans. Tenant shall pay to Landlord upon demand the value reasonable cost and expense of Landlord in (a) reviewing said plans and specifications, and (b) inspecting the alterations, additions, or improvements to determine whether the same are being performed in accordance with the approved plans and specifications and all laws and requirements of public authorities, including, without limitation, the fees of any architect or engineer employed by Landlord for such purpose. In any instance where Landlord grants such consent, and permits Tenant to use its own contractors, laborers, materialmen, and others furnishing labor or materials for Tenant's construction (collectively, "Tenant's Contractors"), Landlord's consent shall be deemed conditioned upon each of Tenant's Contractors (a) working in harmony and not interfering with any laborer utilized by Landlord, Landlord's contractors, laborers, or materialmen; (b) furnishing Landlord with evidence of acceptable liability insurance, worker's compensation coverage and if required by Landlord, completion bonding, and if at any time such entry by one or more persons furnishing labor or materials for Tenant's work shall cause such disharmony or interference, the consent granted by Landlord to Tenant may be withdrawn immediately upon written notice from Landlord to Tenant. Tenant, at its expense, shall obtain all necessary governmental permits and certificates for the commencement and prosecution of alterations, additions, or improvements and for final approval thereof upon completion, and shall cause any alterations, additions, or improvements to be performed in compliance therewith and with all applicable law and requirements of public authorities and with all applicable requirements of insurance bodies. All alterations, additions, or improvements shall be diligently performed in a good and workmanlike manner, using new materials and equipment at least equal in quality and class to the better of (a) the original installations of the Building, or (b) the then standards for the Building established by Landlord. Upon the completion of work and upon request by Landlord, Tenant shall provide Landlord copies of all waivers or releases of lien from each of Tenant's contractors. No alterations, modifications, or additions to the Building Complex or the Leased Premises shall be removed by Tenant either during the Term or upon the Expiration Date or the Termination Date without the express written approval of Landlord. Tenant shall not be entitled to any reimbursement or compensation resulting from its payment of the cost of constructing all or any portion of said improvements or modifications thereto unless otherwise expressly agreed by Landlord in writing. Tenant agrees specifically that no food, soft drink, or other vending machine shall be installed within the Leased Premises, without the prior written consent of Landlord. Landlord's approval of Tenant's plans for work shall create no responsibility or liability on the part of Landlord for their completeness, which consent shall design sufficiency, or compliance with all laws, rules, and regulations of governmental agencies or authorities, including, but not be unreasonably withheldlimited to, the Americans with Disabilities Act. In the event that Landlord consents to such additions, alterations, changes or improvements, then all additions, alterations, changes or improvements shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, at Tenant’s sole cost and 's expense, to remove require that Landlord's contractors be engaged for any such additions, alterations, changes mechanical or improvements at the expiration electrical work or sooner termination of this Lease, and to repair any damages other building or leasehold improvement. At least five (5) days prior to the Leased Premises caused commencement of any work permitted to be done by such removal provided Landlord has informed persons requested by Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep on the Leased Premises, Property Tenant shall notify Landlord of the proposed work and Park free from all mechanics’ liens the names and other addressed of Tenant's Contractors. During any such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with on the Leased Premises, Landlord, or its representatives, shall have the right to go upon and agrees inspect the Leased Premises at all reasonable times, and shall have the right to obtain the discharge of post and keep posted thereon building permits or to take any lien further action which attaches as a result of such work immediately after such lien attaches or payment Landlord may deem to be proper for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect protection of Landlord’s 's interest in the Leased Premises, Property or Park as a result thereof.

Appears in 1 contract

Sources: Lease Agreement (Kroll Inc)

Alterations. (a) Tenant shall not make additions, any alterations, changes improvements or improvements in or additions to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises attach any fixtures or equipment thereto, without the Landlord's prior written consent of Landlordapproval, which consent shall not to be unreasonably withheld. In the event that Landlord consents to such additions, All alterations, changes improvements or improvements, then all additions, additions made to the Premises or the attachment of any fixtures or equipment thereto shall be performed at Tenant's sole cost and expense. Tenant may affix pictures and shelving to the walls without Landlord's consent. (b) All alterations, changes improvements or improvements additions to the Premises made by Tenant shall be constructed at Tenant’s sole expense deemed to have been attached to the Premises and shall, upon completion thereof, to have become the property of LandlordLandlord upon such attachment, and upon expiration of this Lease or renewal term thereof, Tenant shall not remove any of such alterations, improvements or additions; provided, however, that Landlord may, may designate by written notice to Tenant at its option, require Tenant, at Tenant’s sole cost the time Tenant requests consent those alterations and expense, to remove any such additions, alterations, changes or improvements additions which shall be removed by Tenant at the expiration or sooner termination of this Lease, and to Tenant shall properly remove the same and repair any damages damage to the Leased Premises caused by such removal. Notwithstanding anything in this Lease to the contrary, all furniture, trade fixtures and equipment installed by or for Tenant may be removed by Tenant at any time. (c) In performing such alterations, improvements or additions, or in the removal provided Landlord has informed thereof, Tenant of such requirement at shall use due care to cause as little damage or injury as possible to the time of Landlord’s approval. Tenant hereby agrees to indemnify Premises and defend Landlord against, the Building and shall keep repair all damage or injury that may occur to the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, Premises or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park Building as a result thereof. (d) ▇▇▇▇▇▇ agrees in doing any such work in or about the Premises to engage only such labor as will not conflict with or cause strikes or other labor disturbances among the Development service employees of Landlord. Any contractors employed by Tenant shall be subject to Landlord's prior written approval, not to be unreasonably withheld. All such contractors shall be required to carry worker's compensation insurance, public liability insurance and property damage insurance in amounts, form and content, and with companies reasonably satisfactory to Landlord. (e) Prior to the commencement by Tenant of any work as set forth in this Article, Tenant shall obtain, at ▇▇▇▇▇▇'s sole cost and expense, all necessary permits, authorizations and licenses required by the various governmental authorities having jurisdiction over the Premises.

Appears in 1 contract

Sources: Lab Lease Agreement (Cognition Therapeutics Inc)

Alterations. Tenant In addition to, and without limitation of the restrictions and limitations on alterations, additions or improvements as set forth in the Master Lease, Subtenant shall not make additionsany improvements, alterations, additions, changes or improvements in or modifications to any the Sublease Premises (other than minor cosmetic alterations that do not affect the Building, the Building structural components or components, the exterior of Building exterior, the Leased Premises or which reduce Building’s electrical and mechanical and cannot be seen from outside the value of Sublease Premises) without first obtaining the Leased Premises without the prior written consent of Sublandlord and Master Landlord, which . Sublandlord’s consent to alterations shall not be unreasonably withheld. In the event that Landlord consents Sublandlord shall provide its consent or a detailed response as to why such additions, alterations, changes or improvements, then all additions, alterations, changes consent is being withheld with respect to Subtenant’s proposed alterations or improvements within ten (10) business days after Subtenant has delivered such request to Sublandlord. Subtenant must obtain the prior written consent of Sublandlord and Master Landlord to all proposed plans, drawings, consultants and contractors prior to performing any such alterations (other than minor cosmetic alterations that do not affect the Building, the Building structural components, the Building exterior, the Building’s electrical and mechanical and cannot be seen from outside the Sublease Premises). Sublandlord hereby approves the Alteration Plans in the form attached hereto as Exhibit C; provided that Subtenant shall obtain Sublandlord’s prior written consent (such consent not to be unreasonably withheld, conditioned or delayed) to any modifications to the Alteration Plans. If any alterations are permitted by Sublandlord and Master Landlord, such alterations shall be constructed performed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, at TenantSubtenant’s sole cost and expense, to remove any such additions, alterations, changes or improvements at expense and in accordance with all of the expiration or sooner termination terms of this Sublease and the Master Lease, and Subtenant shall pay any fees or costs payable to Master Landlord or otherwise incurred in connection therewith. Sublandlord shall bear no cost or expense or liability in connection with any such alterations. Subtenant shall provide Sublandlord with written evidence satisfactory to Sublandlord and/or Master Landlord that all contractors, suppliers and vendors have been paid in full for services related to the Sublease Premises, which shall include, but not be limited to, executed unconditional mechanic’s lien releases complying with California Civil Code Sections 8134 and 8138 from all contractors, suppliers and vendors performing any alterations or improvements in the Sublease Premises. Subtenant shall indemnify, defend and hold harmless Sublandlord and Master Landlord for any claims, damages or liabilities (including attorneys’ fees and legal costs) related to or arising from any liens or encumbrances placed on the Building or Sublease Premises related to Subtenant’s alterations or improvements. If Subtenant fails to timely discharge any liens in the manner and within the timelines prescribed by Section 8(c) of the Master Lease, then Sublandlord may pay the lien claim, and any amounts so paid, including expenses and interest, shall be paid by Subtenant to Sublandlord within ten (10) days after Sublandlord has invoiced Subtenant therefor. Subtenant shall comply in all respects with the Master Lease as it relates to any alteration and/or improvement work. Upon the expiration of the Sublease Term, Subtenant shall remove any improvements or alterations required to be removed by Master Landlord and repair any damages to the Leased Premises damage caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord againstremoval, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection otherwise comply with the Leased PremisesMaster Lease as it relates to surrender/restoration. Further, upon the expiration of the Sublease Term, Subtenant shall remove its personal property and agrees furniture (including, without limitation, the furniture conveyed by Sublandlord to obtain the discharge of Subtenant) and repair any lien which attaches as a result of damage caused by such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereofremoval.

Appears in 1 contract

Sources: Sublease (Exar Corp)

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

Appears in 1 contract

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

Alterations. (1) Tenant shall not make any alterations, additions, alterations, changes or improvements in of or to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises (collectively "Alterations") without the prior written consent of Landlord, which consent shall not be unreasonably withheld. In At the event that time such consent is requested, Tenant shall furnish to Landlord consents to for Landlord's written approval (which shall not be unreasonably withheld) the names of Tenant's architect, Tenant's contractor(s) and all subcontractors who will be supplying materials or performing work in connection with such additionsAlterations, alterationsa copy of all plans for the proposed work, changes or improvements, then all additions, alterations, changes or improvements an estimate of the cost thereof and such other information as shall be constructed at requested by Landlord substantiating Tenant’s sole expense 's ability to pay for such work. No less than ten (10) days prior to the commencement of any Alterations, Tenant shall deliver to Landlord certificates of insurance from the carrier(s) providing insurance to Tenant's architect and shallTenant's contractor(s) evidencing the following types of coverage in such amounts as are reasonably determined by Landlord to be necessary: (i) professional liability insurance; (ii) commercial general liability insurance; (iii) business automobile liability insurance; (iv) workers' compensation insurance; and (v) umbrella liability insurance. The insurance specified in (i), upon completion thereof(ii), become the property of (iii) and (v) above shall name Landlord as an additional insured, and all such policies shall provide that thirty (30) days' written notice must be given to Landlord prior to termination or cancellation. Landlord; provided, however, Landlord may, at its sole option, may require Tenantas a condition to the granting of such consent to any work costing in excess of $20,000 that Tenant provide to Landlord, at Tenant’s 's sole cost and expense, a lien and completion bond in an amount equal to remove one and one-half (1-1/2) times any such additionsand all estimated costs of the proposed work, alterations, changes or improvements at the expiration or sooner termination of this Lease, to insure Landlord against any liability for mechanics' and materialmen's liens and to repair any damages to insure completion of the Leased Premises caused by such removal provided work. Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches may also require as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given condition to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereof.'s consent

Appears in 1 contract

Sources: Lease (Genitope Corp)

Alterations. The construction and installation of Tenant Improvements is governed by Exhibit “D-1”. After the installation of the Tenant Improvements pursuant to Exhibit “D-1”, Tenant shall not make or allow to be made any alterations, installations, additions, alterations, changes or improvements in or to the Premises, without Landlord’s prior written consent, which consent shall not be unreasonably withheld. If Landlord fails to approve or disapprove any structural components or the exterior request within ten (10) business days after receipt of all necessary information, Landlord shall be deemed to have approved such alteration. Should Tenant desire to perform any alterations which are significant enough to require plans, Tenant shall submit such plans and specifications for same to Landlord for Landlord’s written approval before beginning such work. Upon receipt by Tenant of the Leased Premises or which reduce the value written approval of Landlord of such plans and specifications, and upon payment by Tenant to Landlord of the Leased Premises without the prior written consent of reasonable out-of-pocket fees incurred by Landlord to have such plans and specifications reviewed, Tenant may proceed to make such approved alterations so long as they are in compliance with such approved plans and specifications and are performed by a contractor approved by Landlord, which consent shall not be unreasonably withheld. In the event that Landlord consents to such additions, alterations, changes or improvements, then all additions, alterations, changes or improvements All installations shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, at Tenant’s sole cost and expense, to remove . Without in any such additions, alterations, changes or improvements at the expiration or sooner termination of this Lease, and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of way limiting Landlord’s approval. Tenant hereby agrees consent rights, Landlord shall not be required to indemnify give its consent until (a) Landlord approves the contractor or person making such and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other approves such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant contractor’s insurance coverage to be provided in connection with the Leased Premiseswork (such approval not to be unreasonably withheld), (b) Landlord approves final and complete plans and specifications for the work to the extent plans and specifications are necessary for such work and (c) the appropriate governmental agency, if any, has approved the plans and specifications for such work to the extent plans and specifications are necessary for such work. All work performed by Tenant or its contractor relating to the installations shall conform to applicable governmental laws, rules and regulations, including, without limitation, the Disability Acts. If Tenant requests that Landlord perform such installations, Tenant shall pay Landlord, as additional Rent, the cost thereof, plus five percent (5%) as reimbursement for Landlord’s overhead; however, in no event shall such fee be payable with respect to the installation of Tenant Improvements pursuant to Exhibit “D-1”. Each payment shall be made to Landlord within thirty (30) days after receipt of an invoice from Landlord. Notwithstanding anything to the contrary herein before contained, it shall not be necessary for Tenant to secure Landlord’s approval of any alterations, improvements or additions to the Premises provided such alterations cost less than $75,000, do not adversely affect the structure, HVAC system or exterior of the building or the Common Areas, and agrees are not visible from the Common Area or the exterior of the Building. However, Tenant shall give Landlord prior written notice of all alterations, regardless of whether Landlord has the right to obtain approve same. All work performed by Tenant with respect to the Premises shall (a) be performed so as not to alter the exterior appearance of the Building, (b) be performed so as not to adversely affect the structure or safety of the Building, (c) comply with all laws, including without limitation all building, safety, fire, and other codes and governmental and insurance requirements, (d) be completed promptly and in a good and workmanlike manner and in a quality not less than Building Standard, (e) be performed at Tenant’s expense, and (f) be performed in such a manner that no valid mechanic’s, materialman’s, or other similar liens (collectively, the “Liens”) be attached to Tenant’s leasehold estate and in no event shall Tenant permit, or be authorized to permit, any Liens (valid or alleged) or other claims to be asserted against Landlord or Landlord’s rights, estates, and interests with respect to the Project or this Lease. Landlord will have the right, but not the obligation, to inspect periodically the work in the Premises. If any Lien is filed against the Premises or the Project or any portion thereof, Tenant shall cause same to be discharged within forty-five (45) days after the lien is filed by paying or bonding over said Lien. If Tenant fails to comply with the foregoing sentence, Landlord shall (without limitation of its other rights or remedies) have the right, but not the obligation, to discharge said Lien and Tenant shall immediately reimburse Landlord for any sum of money expended by Landlord in connection with obtaining such discharge (together with an additional ten percent (10%) thereof to cover Landlord’s administrative costs), which amount shall be deemed to be Rent hereunder for all purposes. Any approval by Landlord (or Landlord’s architect and/or engineers) of any lien of Tenant’s contractors or Tenant’s drawings, plans or specifications which attaches are prepared in connection with any construction of improvements (including without limitation, the Tenant Improvements) in the Premises shall not in any way be construed as or constitute a result representation or warranty of Landlord as to the abilities of the contractor or the adequacy or sufficiency of such work immediately after such lien attaches drawings, plans or payment for specifications or the labor or material is due. Notice is hereby given improvements to all Tenant’s contractorswhich they relate, subcontractors, materialmen or suppliers that Landlord is not liable for any labor use, purpose or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereofcondition.

Appears in 1 contract

Sources: Lease (I2 Technologies Inc)

Alterations. Tenant shall not make additions, or allow to be made any alterations, changes additions or improvements in or (“Alterations”) to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. In Tenant shall deliver to Landlord the event that contractor’s name, state license number (if applicable), a certificate of liability insurance naming Landlord consents and, at Landlord’s option, Landlord’s Lender(s) as an additional insured, as well as full and complete plans and specifications of all such Alterations and any subsequent modifications or additions to such additionsplans and specifications, alterations, changes or improvements, then all additions, alterations, changes or improvements and no proposed work shall be constructed commenced or continued by Tenant until Landlord has received and given its written approval of each of the foregoing. Landlord shall either approve or disapprove any proposed Alteration within thirty ten (10) days following receipt of the applicable plans and specifications, and if Landlord fails to deliver notice of disapproval within ten (10) days following receipt of the applicable plans and specifications, ▇▇▇▇▇▇▇▇’s consent shall be deemed given. Landlord’s consent or comments on any such plans shall not be deemed an express or implicit covenant or warranty that any plans or specifications submitted by Tenant are accurate, safe or sufficient or that the same comply with any Laws, ordinances, or building codes. Tenant will indemnify, protect, defend and hold Landlord and the Landlord Parties, and the Premises harmless for, from and against any loss, damage, liability, claims, cost or expense, including attorneys’ fees and costs, incurred as a result of any defects in design, materials or workmanship resulting from ▇▇▇▇▇▇’s Alterations to the Premises. All Alterations which are not permanently affixed to the Premises shall remain the property of Tenant until termination of this Lease, at Tenant’s sole expense and which time they shall, upon completion thereofunless otherwise elected by Landlord by written notice to Tenant, be and become the property of Landlord; provided, however. At the expiration or termination of the Lease, Landlord maymay require Tenant to remove any partitions, at its optioncounters, require railings, telephone and telecommunications lines, cables, conduits and equipment and/or other improvements installed by Tenant, and Tenant shall repair all damage resulting from such removal or shall pay to Landlord all costs arising from such removal if Landlord demands the removal of such improvements upon expiration or termination of this Lease and Tenant fails to remove and repair the Premises prior to Tenant’s vacation thereof. All Alterations shall be done in a good and workmanlike manner and substantially in compliance with the plans and specifications approved by Landlord and in compliance with all applicable Laws and as-built plans and specifications shall be provided to Landlord by Tenant upon completion of the work. If required by Landlord, Tenant shall secure at Tenant’s sole own cost and expenseexpense a completion and lien indemnity bond or other adequate security, in form and substance reasonably satisfactory to remove any such additionsLandlord. Notwithstanding the foregoing, alterationsTenant shall be permitted to make interior, changes nonstructural alterations or improvements at the expiration or sooner termination of this Lease, and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of additions costing less than $50,000 without Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereofconsent.

Appears in 1 contract

Sources: Absolute Net Lease Agreement (Zoned Properties, Inc.)

Alterations. Tenant shall not make additionsany alterations to the Premises or any other aspect of the Project, without Landlord's prior written consent, which consent Landlord may withhold in its reasonable but subjective discretion. Notwithstanding the foregoing to the contrary, Tenant shall not make (i) any structural alterations, changes improvements or additions to the Premises, or (ii) any alterations, improvements in or additions to any structural components the Premises which (a) will adversely impact the Building's mechanical, electrical or heating, ventilation or air conditioning systems, or (b) will adversely impact the structure of the Building, or (c) are visible from the exterior of the Leased Premises Premises, or (d) which reduce will result in the value penetration or puncturing of the Leased Premises without the roof or floor, without, in each case, first obtaining Landlord's prior written consent of Landlord, or approval to such Alterations (which consent shall not be unreasonably withheld. In the event that Landlord consents to such additions, alterations, changes or improvements, then all additions, alterations, changes or improvements approval shall be constructed at Tenant’s in the Landlord's sole expense and shall, upon completion thereof, absolute discretion). All permitted alterations must be performed in compliance with Landlord's standard rules and regulations regarding alterations. All alterations will become the property of LandlordLandlord and will remain upon and be surrendered with the Premises at the end of the Term of this Lease; provided, however, Landlord may require Tenant to remove any or all alterations at the end of the Term of this Lease. If Tenant fails to remove by the expiration or earlier termination of this Lease all of its personal property, or any alterations identified by Landlord for removal, Landlord may, at its option, require Tenanttreat such failure as a hold-over pursuant to Subparagraph 11(b) above, and/or Landlord may (without liability to Tenant for loss thereof) treat such personal property and/or alterations as abandoned and, at Tenant’s 's sole cost and expense, expense and in addition to remove any such additions, alterations, changes or improvements at the expiration or sooner termination of Landlord's other rights and remedies under this Lease, at law or in equity: (a) remove and store such items; and/or (b) upon ten (10) days' prior notice to repair Tenant, sell, discard or otherwise dispose of all or any damages such items at private or public sale for such price as Landlord may obtain or by other commercially reasonable means. Tenant shall be liable for all costs of disposition of Tenant's abandoned property and Landlord shall have no liability to Tenant with respect to any such abandoned property. Landlord agrees to apply the Leased Premises caused by proceeds of any sale of any such removal provided property to any amounts due to Landlord has informed under this Lease from Tenant (including Landlord's attorneys' fees and other costs incurred in the removal, storage and/or sale of such requirement at the time of Landlord’s approval. Tenant hereby agrees items), with any remainder to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees be paid to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereof.

Appears in 1 contract

Sources: Industrial Lease (AcuNetx, Inc.)

Alterations. 15.01. Except with respect to Tenant’s Initial Improvements, Tenant shall not make additionsany alterations or additions to the Demised Premises, alterationsor make any holes or cuts in the walls, changes ceilings, roofs or improvements in floors thereof, or to any structural components or change the exterior architectural treatment of the Leased Premises or which reduce the value of the Leased Demised Premises without the Landlord’s prior written consent of Landlordconsent, which consent shall not be unreasonably withheld. In the event that Tenant shall submit to Landlord consents to plans and specifications for such additions, alterations, changes or improvements, then all additions, alterations, changes or improvements shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, at Tenant’s sole cost and expense, to remove any such additions, alterations, changes or improvements at the expiration or sooner termination of this Lease, and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement work at the time of notice is given to Landlord or at any time requested by Landlord, which plans and specifications shall be subject to Landlord’s approvalprior written approval which shall not be unreasonably withheld. Before proceeding with any alterations, Tenant shall fully and promptly comply with and observe the Rules and Regulations then in force in respect of the making of alterations. Any review or approval by Landlord of any plans and/or specifications with respect to any alterations is solely for Landlord’s benefit, and without any representation or warranty whatsoever to Tenant in respect to the adequacy, correctness or efficiency thereof or otherwise. Tenant hereby agrees shall pay Landlord the actual cost of any architectural, engineering, legal or other review of any alterations or additions to indemnify the Demised Premises. 15.02. Tenant shall obtain all necessary governmental permits and defend Landlord againstcertificates for the commencement and prosecution of permitted alterations and for final approval thereof upon completion, and shall keep cause alterations to be performed in compliance with all applicable Legal Requirements and Insurance Requirements. Alterations shall be diligently performed in a good and workmanlike manner, using new materials and equipment at least equal in quality and class to the Leased Premisesoriginal installations of the Building. Alterations shall be performed by Contractors subject to Landlord’s reasonable approval. Alterations shall be made in such manner as not to unreasonably interfere with or delay and as not to impose any additional expense upon Landlord in the construction, Property maintenance, repair, rental or operation of the Building; and Park free from all mechanics’ liens and other if any such liens arising from any work performed, material furnished, or obligations additional expense shall be incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches Landlord as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractorsmaking of any alterations, subcontractorsTenant shall pay any such additional expense upon demand. Throughout the making of alterations, materialmen Tenant shall carry, or suppliers that cause to be carried, workmen’s compensation insurance in statutory limits, a full payment and performance bond in favor of Landlord is not liable and general liability insurance, with completed operation endorsement, for any labor occurrence in or materials about the Building, under which Landlord and its managing agent and any Superior Lessor whose name and address shall previously have been furnished to Tenant shall be named as parties insured, in such limits as Landlord may reasonably require, with insurers reasonably satisfactory to Landlord. Tenant shall furnish Landlord with reasonably satisfactory evidence that such insurance is in effect at or before the commencement of alterations and on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in request at reasonable intervals thereafter during the Leased Premises, Property or Park as a result thereofmaking of alterations.

Appears in 1 contract

Sources: Lease Agreement (Eschelon Telecom Inc)

Alterations. (a) Tenant shall not make additions, any alterations, changes additions or improvements in or to any structural components or the exterior of Premises (collectively, the Leased Premises or which reduce the value of the Leased Premises “Alterations”) without the prior written consent of Landlord’s consent, which consent shall may not be unreasonably withheld, conditioned or delayed. In the event Tenant makes any Alterations to the Premises as provided in this Section 23, said Alterations shall not be commenced until ten (10) days after Landlord has received notice from Tenant stating the date the installation of the Alterations is to commence so that Landlord can post and record an appropriate notice of non-responsibility. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord’s consent to any Alterations if the desired Alterations: (i) will affect the Building’s operating systems or Building’s structure; or (ii) will require the filing of plans and specifications with any governmental agency or authority; or (iii) subject to Section 23(b), will cost in excess of Fifty Thousand Dollars ($50,000.00). Subsequent to obtaining Landlord’s consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord a copy of any building permit required by applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within thirty (30) days after the rendition of a b▇▇▇ for all of Landlord’s actual reasonable out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees actually incurred by or on behalf of Landlord for the review and approval of Tenant’s plans and specifications and for the monitoring of construction of the Alterations, provided that Landlord shall use commercially reasonable efforts to provide advance notice to Tenant of such costs so that Tenant may determine whether to proceed with such Alterations. If Landlord consents to the making of any Alteration, such additions, alterations, changes or improvements, then all additions, alterations, changes or improvements Alteration shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, made by Tenant at Tenant’s sole cost and expenseexpense by a contractor reasonably approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may reasonably require. Without Landlord’s prior written consent, Tenant shall not use any portion of the Common Areas either within or without the Project in connection with the making of any Alterations. If the Alterations which Tenant causes to remove be constructed result in Landlord being required to make any alterations and/or improvements to other portions of the Project in order to comply with any applicable Laws, then Tenant shall reimburse Landlord within thirty (30) days of demand for all costs and expenses incurred by Landlord in making such additionsalterations and/or improvements. All construction work done by Tenant within the Premises shall be performed in such manner as to cause a minimum of interference with other construction in progress and with the transaction of business in the Project. Tenant agrees to indemnify, alterationsdefend and hold Landlord harmless against any loss, changes liability or improvements at damage resulting from such work. The foregoing indemnity shall survive the expiration or sooner earlier termination of this Lease. Landlord’s consent to or approval of any Alterations (or the plans therefor) shall not constitute a representation or warranty by Landlord, nor Landlord’s acceptance, that the same comply with sound architectural and/or engineering practices or with all applicable Laws, and to repair any damages Tenant shall be solely responsible for ensuring all such compliance. (b) Notwithstanding anything to the Leased contrary in Section 23(a), Tenant shall be permitted to make cosmetic, decorative and non-structural improvements to the Premises caused without Landlord’s consent, provided that such improvements: (i) do not in any way affect the Building’s structure or Building’s operating systems, (ii) do not exceed the total amount of One Hundred Thousand Dollars ($100,000.00) in the aggregate in any calendar year, and (iii) Tenant is not required by applicable Law to obtain a permit to perform the Alteration. For purposes of Tenant’s Initial Alterations (as defined in Section 23(e) below) to be performed during the first eighteen (18) months of the Term, the dollar amount referenced in clause (ii) shall be set at Two Hundred Fifty Thousand Dollars ($250,000.00). Tenant shall not be required to reimburse Landlord for any costs incurred by Landlord in conjunction with Tenant’s performance of any such removal provided cosmetic, decorative or non-structural improvements, nor shall Landlord’s approval of Tenant’s contractor or Tenant’s plans be required for same. Tenant shall give Landlord ten (10) days’ notice of the commencement of any such work. (c) Any Alterations made shall remain on and be surrendered with the Premises upon the expiration or earlier termination of the Term except that Landlord may elect no later than sixty (60) days before the expiration of the Term or earlier termination, to require Tenant to remove any Alterations that Tenant has informed made to the Premises; provided, however, that Landlord may not require Tenant to remove (i) any Alterations that are cosmetic or decorative improvements made pursuant to Section 23(b) or (ii) any Alterations that constitute standard office workspace improvements (i.e. offices, work stations, copy rooms, reception areas, small break rooms and similar facilities, but expressly excluding cafeterias, fitness centers and data centers). Subject to the foregoing, if Landlord so elects, Tenant, at its sole cost and expense, shall restore the Premises to the condition and state it was in prior to installation of such requirement at said Alterations. At the time of Landlord’s approvalconsent, Tenant may request Landlord to declare whether the Alterations in question are ones that Landlord may elect to have Tenant remove, in which event Landlord shall deliver to Tenant written notice containing Landlord’s decision. Tenant’s movable furniture and trade fixtures shall not become part of the realty and shall not belong to Landlord in any event. (d) Tenant hereby agrees shall cause all contractors and subcontractors performing work in the Premises to indemnify procure and defend maintain insurance coverage naming Landlord againstand Landlord’s property management company and any other party reasonably requested by Landlord as additional insureds against such risks, in such amounts, and with such companies as Landlord may reasonably require. All such work (including the Initial Alterations) shall keep be performed in accordance with all Laws and in a good and workmanlike manner so as not to damage the Leased Building (including the Premises, Property the Building’s structure and Park free from the Building’s operating systems). All such work which may affect the Building’s structure or the Building’s operating systems, at Landlord’s election, must be performed by Landlord’s usual contractor for such work or another contractor reasonably approved by Landlord. All work affecting the roof of the Building must be performed by Landlord’s roofing contractor or another contractor reasonably approved by Landlord and no such work will be permitted if it would void or reduce the warranty on the roof. (e) Landlord and Tenant acknowledge that Tenant plans to undertake Alterations in Suite 300 of the Premises following the Commencement Date (the “Initial Alterations”). All the terms and conditions of this Section 23 shall apply to the Initial Alterations. Without limiting the generality of the foregoing, Landlord shall not unreasonably withhold, condition or delay its approval of Tenant’s plans and specifications for the Initial Alterations or Tenant’s proposed contractor for the Initial Alterations (the “Contractor”). In conjunction with such Initial Alterations, Landlord shall provide Tenant with an allowance in an amount not to exceed $1,700,000.00 to be applied toward all mechanics’ liens hard and other such liens arising from any work performed, material furnished, or obligations soft costs incurred by Tenant in the development, performance and completion of the Initial Alterations (the “TI Allowance”). Landlord shall fund the TI Allowance directly to the Contractor or at other vendor, supplier or design professional, as applicable, within thirty (30) days following Tenant’s submission to Landlord of a request for a specific disbursement amount (such submissions to be delivered not more frequently than monthly) accompanied by the direction following: (i) an itemization of the costs for which Tenant seeks payment together with invoices or draw requests from the contractor to be paid; (ii) a certification from Tenant that all work for which the payment is requested has been completed in a good and workmanlike manner and in accordance with the approved plans; (iii) if applicable, evidence of discharge of any liens that may have been filed against the Premises or the Project with respect to the work done by Tenant on the Premises; (iv) with respect to each draw request other than the final draw request, conditional lien releases from all contractors, subcontractors, and suppliers releasing all claims of lien in connection with the Leased Premiseswork for which the payment is requested; and (v) with respect to the final draw request which shall cover at least ten percent (10%) of the TI Allowance, original, executed unconditional lien releases from the general and all other contractors and suppliers who performed work or furnished supplies for or in connection with the Initial Alterations, final signed-off permits and as-built drawings showing the Initial Alterations, as constructed. All submittals under this paragraph must be received by Landlord within twelve (12) months of the Commencement Date, and agrees Landlord shall have no obligation to obtain make further payments of the discharge TI Allowance for submissions received after such twelve (12)-month period has expired; provided, however, that after Landlord has confirmed that all work has been completed and paid for and no liens have been or may be filed against the Property with respect to the Initial Alterations, which determination Landlord shall make as expeditiously as possible, up to $500,000.00 of the unused TI Allowance may be applied by Tenant towards Rent first coming due hereunder after such twelve (12)-month period has expired and Landlord has made the above-referenced determination (but in no event shall such amount be applied to a month later than the twentieth (20th) month of the Term). In no event shall Landlord be obligated to fund any lien which attaches portion of the TI Allowance or allow any use of the TI Allowance as a result rent credit when an Event of such work immediately after such lien attaches or payment for the labor or material Default under this Lease has occurred and is due. Notice is hereby given to all continuing. (f) Concurrently with Tenant’s contractorsperformance of its Initial Alterations,Landlord will undertake and complete a renovation of the third (3rd) floor restrooms at a cost of not less than $120,000.00, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens which amount shall attach to or affect be at Landlord’s interest sole cost (and not part of Operating Expenses) and shall be in addition to the Leased Premises, Property or Park as TI Allowance. Landlord shall use commercially reasonable efforts (i) to accommodate Tenant’s reasonable and timely requests regarding the restrooms renovation and (ii) to complete this project within the first five (5) months following the Commencement Date. Landlord’s restrooms renovation project shall be completed in a result thereofgood and workmanlike manner and in compliance with applicable Laws.

Appears in 1 contract

Sources: Sublease (Model N, Inc.)

Alterations. Absent Landlord’s written consent, Tenant shall not may make additionsno alterations to the Office. With Landlord’s written consent, alterations, changes or improvements in or to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. In the event that Landlord consents to such additions, alterations, changes or improvements, then all additions, alterations, changes or improvements shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, at Tenant’s sole cost and expense, to remove any such additions, may make alterations, changes installations and improvements (the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or improvements 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 expiration or sooner termination like shall become the property of this LeaseLandlord 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 any damages the Office to that condition existing on the Leased Premises caused by such removal provided Landlord has informed Commencement Date. Any and all property of Tenant of such requirement at remaining in the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and Office after the Termination Date shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereof.expense

Appears in 1 contract

Sources: Lease Agreement

Alterations. The Tenant shall not do any painting or decorating, or erect any partitions, make additions, alterations, changes or improvements any alterations in or additions to any structural components or the exterior of the Leased Premises or which reduce do any mailing, boring or screwing into the value ceilings, walls or floors, in accordance with the rules of Landlord for doing so. Unless otherwise agreed by Landlord and Tenant in writing, all such work shall be performed either by or under the Leased Premises without the prior written consent direction of Landlord, but at the expense of Tenant. The Landlord's decision to refuse such consent shall be conclusive which consent shall not be unreasonably withheld. In If the event that Landlord consents to such alterations or additions, alterationsbefore commencement of the work or delivery of any materials onto the Premises or into the Building, changes the Tenant shall furnish the Landlord for approval: (a) Plans and specifications; (b) Names and addresses of contractors; (c) Copies of contracts; (d) Necessary permits; (e) Indemnification in form and amount satisfactory to Landlord and certificates of insurance from all contractors performing labor or improvementsfurnishing materials, then insuring against any and all claims, costs, damages, liabilities and expenses which may arise in connection with the alterations or additions. Whether the Tenant furnishes the Landlord the foregoing or not, alterations, changes or improvements shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, at Tenant’s sole cost and expense, to remove any such additions, alterations, changes or improvements at the expiration or sooner termination of this Lease, and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord againsthold the Landlord, its beneficiaries, and shall keep 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 Leased Premises, Property and Park free from all mechanics’ liens and other or the Building of which the same form a part, for work claimed to have been furnished to the Tenant shall be discharged of record by the Tenant within ten (10) days thereafter, at the Tenant's expense. Provided that such liens arising discharge shall not be required if Tenant provides Landlord security adequate in Landlord's reasonable judgment, to protect Landlord from any work performedloss, material furnishedcost, or obligations incurred by Tenant or at the direction of Tenant damage and expense in connection with any such lien. Upon completing any alterations or additions, the Leased Tenant shall furnish the 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 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 the Tenant or by the Landlord, shall, unless the Landlord requests their removal, become the Landlord's property and agrees shall remain upon the Premises at the termination of this Lease by lapse of time or otherwise without compensation or allowance or credit to obtain the discharge of any lien which attaches as a result Tenant. If, upon the Landlord's request, the Tenant does not remove said additions, decorations, fixtures, hardware, non-trade fixtures and improvements, the Landlord may remove the same and the Tenant shall pay the cost of such work immediately after such lien attaches or payment for removal to the labor or material Landlord upon demand. Notwithstanding the foregoing, it is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers understood that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest the foregoing items which are present in the Leased Premises, Property or Park Premises as a result thereofof the date of this Lease shall remain and shall not be subject to Landlord's request for their removal.

Appears in 1 contract

Sources: Lease Amendment Agreement (Mobius Management Systems Inc)

Alterations. Tenant shall not make (a) All alterations, changes, additions, alterationsimprovements, changes repairs or improvements replacements in, to, or about the Sublease Premises (collectively, “Subtenant Changes”) shall be made in accordance with the provisions of the ▇▇▇▇▇▇▇▇▇ (as incorporated herein). No Subtenant Changes shall be effected by Subtenant to the Sublease Premises without Sublandlord’s prior written consent. In addition, all Subtenant Changes shall be subject to Overlandlord’s consent, and Sublandlord makes no representations or warranties, and expresses no opinion, with respect to Overlandlord’s consent to any structural components or Subtenant Changes. Any request for approval shall be in writing, delivered not less than fifteen (15) Business Days in advance of any proposed construction, and accompanied by plans, specifications, bid proposals, work contracts and such other information concerning the exterior nature and cost of the Leased Premises Subtenant Changes as may be reasonably requested by Sublandlord and/or Overlandlord, including the identities and mailing addresses of all persons performing work or which reduce the value of the Leased Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheldsupplying materials. In the event that Landlord consents Sublandlord’s right to such additions, alterations, changes or improvements, then all additions, alterations, changes or improvements review plans and specifications and to monitor construction shall be constructed at Tenant’s sole expense solely for its own benefit, and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord maySublandlord shall have no duty to ensure that such plans and specifications or construction comply with applicable laws. Subtenant shall cause, at its option, require Tenant, at Tenant’s is sole cost and expense, all Subtenant Changes to remove comply with insurance requirements and with Legal Requirements and shall implement at its sole cost and expense any alteration or modification required by Legal Requirements and shall implement at its sole cost and expense any alteration or modification required by Legal Requirements as a result of any Subtenant Changes. Subtenant shall reimburse Overlandlord and Sublandlord for all reasonable out-of-pocket costs and expenses (including reasonable attorneys’ fees) incurred in connection with the review of proposed Subtenant Changes, including the plans with respect thereto. (b) If Sublandlord and Overlandlord, approve any Subtenant Changes, Sublandlord and/or Overlandlord may impose such additionsconditions on Subtenant in connection with the commencement, alterations, changes or improvements at the expiration or sooner termination of this Lease, performance and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant completion of such requirement Subtenant Changes as Sublandlord or Overlandlord may reasonably deem appropriate in Sublandlord and/or Overlandlord’s reasonable discretion. Sublandlord and/or Overlandlord shall notify Subtenant at the time of Landlord’s approvalapproval of the Subtenant Changes whether such Subtenant Changes shall be required to be removed before the expiration or earlier termination of this Sublease. Tenant hereby agrees If such Subtenant Change is required to be removed, it shall be removed by Subtenant at its sole cost and expense prior to the Expiration Date. Before Subtenant begins any Subtenant Changes, Subtenant shall post on and about the Subleased Premises notices of non-responsibility pursuant to applicable law. Subtenant shall reimburse Sublandlord and/or Overlandlord for, and indemnify and defend Landlord againsthold Sublandlord and Overlandlord harmless from any third party expense (including, without limitation, reasonable legal and consulting costs, and shall keep the Leased Premisesany amounts for which Sublandlord and/or Overlandlord become liable to other tenants or other third parties, Property and Park free from all mechanics’ liens and other such liens arising from any including without limitation, Governmental Authorities) incurred by Sublandlord and/or Overlandlord by reason of faulty work performed, material furnished, or obligations incurred done by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s its contractors, subcontractorsdelays cause by such work, materialmen or suppliers inadequate cleanup that Landlord is not liable for any labor impacts the Building or materials furnished to Tenant on credit and no mechanics’ the Project, or other liens shall attach to Sublandlord or affect LandlordOverlandlord’s interest in the Leased Premisestherein, Property or Park as a result any tenant thereof.

Appears in 1 contract

Sources: Sublease Agreement (MeiraGTx Holdings PLC)

Alterations. (a) Tenant shall not make additionsnot, alterations, changes or improvements in or to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises without the Landlord's prior written consent of Landlordapproval, which consent approval shall not be unreasonably withheld, conditioned or delayed, make any alterations, additions or improvements to the Premises, whether interior or exterior, including without limitation the installation of lighting fixtures, space heaters, air conditioning, electrical equipment, power panels, plumbing, ducts, or window coverings (collectively, "Alterations"), provided that Tenant may install such trade fixtures as are reasonably appropriate if (i) such items do not alter the basic character of the Building; or overload or damage the same; (ii) such items may be removed without injury to the Premises; and (iii) the alterations, additions or improvements are made in compliance with all Requirements, as herein defined and with Landlord's specifications and requirements. In If Landlord informs Tenant in writing at the event that time Landlord consents to any specific Alteration(s) that the same must be removed, Tenant shall remove such additionsAlteration(s) at the termination of this Lease and shall repair any damage to the Premises caused by such removal and restore the portion of the Premises affected by such removal to its condition prior to the installation of the Alterations subject to reasonable wear and tear and surrender the Premises in accordance with this Lease. Unless Landlord requires their removal, alterations, changes or improvements, then all additions, alterations, changes or improvements Alterations shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, at Tenant’s sole cost and expense, to remove any such additions, alterations, changes or improvements remain upon the Premises at the expiration or sooner termination of this Lease. Landlord's consent to any such Alteration shall not be construed to mean that same is in compliance with all Requirements, and to repair as herein defined. If Tenant makes any damages to Alterations without the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time prior written approval of Landlord’s approval, Landlord may require that Tenant remove any or all of the same at any time. Tenant hereby agrees shall deliver to indemnify Landlord within thirty (30) days after making final payment to contractors: 1. Full and defend Landlord against, and shall keep the Leased Premises, Property and Park free unconditional lien waivers from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractorssubcontractors and suppliers and 2. Two blue line sets of clear, materialmen or suppliers that Landlord is not liable definable and comprehensive as-built drawings. (b) Tenant shall make any Alterations in a good and workmanlike manner, in accordance with all applicable laws and with as-built conditions provided to Tenant by Landlord. Tenant shall obtain all licenses and permits required for any Alterations or repairs by Tenant. Tenant shall remove any Alterations required to be removed hereunder and restore the Premises in a good and workmanlike manner and in accordance with all applicable Requirements, as herein defined, including but not limited to applicable state, federal and local law and such other requirements as Landlord and any governmental or quasi-governmental agency may impose. (c) Tenant shall promptly pay and discharge all claims for services, supplies, labor or materials furnished or alleged to Tenant on credit and no mechanics’ or other liens shall attach have been furnished to or affect Landlord’s interest for Tenant at or for use in the Leased Premises. (d) Notwithstanding the foregoing, Tenant shall have the right, without Landlord's consent, to make non-structural alterations, improvements and/or additions to the Premises, Property provided that such alterations, improvements and/or additions do not effect the Building systems or Park as structures and do not penetrate the roof, floor or walls and do not exceed a result thereofcost of $25,000.00 in aggregate over a one year period. In addition any such alterations, improvements and/or additions must be performed in a good and workmanlike manner and in compliance with all applicable Requirements. Landlord may require that any such non-structural alterations, improvements, and/or additions be removed at the expiration or earlier termination of the Lease and that Tenant at Tenant's cost and expense restore the Premises to the condition prior to such installation reasonable wear and tear excepted.

Appears in 1 contract

Sources: Lease Agreement (Restoration Hardware Inc)

Alterations. (a) Subject to the other requirements of this Section 8, Tenant may, not more than once within the same 12-month period and without Landlord’s consent, make non-structural, non-mechanical alterations to the Premises which cost less than $10,000 individually or $50,000 in the aggregate and which do not adversely affect or require changes to the HVAC systems or other mechanical, electrical or plumbing systems of the Building, but in each case Tenant shall provide Landlord with prior notice of such alterations and, for those alterations requiring plans and specifications, either “as-built” drawings upon completion of any such alterations or Tenant’s certification that the alterations were completed substantially in accordance with the plans and specifications which shall be delivered to Landlord. Except as set forth in the immediately preceding sentence, alterations to the Premises shall not make additions, alterations, changes or improvements in or to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises be made without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. In the event that Landlord consents If Tenant is permitted to such additions, make alterations, changes or improvements, then all additions, alterations, changes or improvements the work shall be constructed at Tenantdone in accordance with such requirements as Landlord may reasonably impose. Any review or approval by Landlord of plans or specifications with respect to any alteration is solely for Landlord’s sole expense and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, at Tenant’s sole cost and expense, to remove any such additions, alterations, changes or improvements at the expiration or sooner termination of this Leasebenefit, and without any representation or warranty whatsoever to repair any damages Tenant with respect to the Leased Premises caused adequacy, correctness or efficiency thereof. If required by such removal provided Landlord has informed Landlord, which requirement shall be stated in writing to Tenant of such requirement at the time that Landlord receives notice of such alterations or, for alterations requiring Landlord’s approval. consent, when Landlord gives its permission to make such alterations, alterations shall be removed by Tenant hereby agrees upon the termination of the Term and Tenant shall at its expense repair any damage to the Premises or the Building caused by the removal. (b) Tenant shall indemnify and defend Landlord againstfor, from and shall keep the Leased Premises, Property against any and Park free from all mechanics’ and other liens and other such liens arising from encumbrances filed by any work performedperson claiming through or under Tenant and against all costs, material furnishedexpenses, or obligations losses and liabilities (including reasonable attorneys’ fees) incurred by Tenant or at the direction of Tenant Landlord in connection with the Leased Premises, and agrees to obtain any such lien or encumbrance or any action or proceeding brought thereon. Tenant at its expense shall procure the discharge of any lien which attaches as a result record of all such work immediately liens and encumbrances within 30 days after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result notice thereof.

Appears in 1 contract

Sources: Office Lease (Ev3 Inc.)

Alterations. Tenant 1 shall not have the right, from time to time, to make additionsall such non-structural alterations and improvements to the leased premises as may be reasonably necessary or appropriate, for the conduct of Tenant 1 business, provided that prior to commencement of any such work, the Landlord shall in each case have approved in writing the plans and specifications for such work and provided Tenant 1 engages contractors approved by Landlord in its sole discretion. All work done by Tenant 1 shall conform to all applicable governmental regulations and requirements with all required permits to be paid for by Tenant 1. If any such work done by Tenant 1 causes damage to the building structural portions, building roof, floor or windows on the leased premises, then the costs of all maintenance and repairs to such damaged building components shall thereafter be the responsibility of Tenant 1. Notwithstanding the fact that alterations may be made by Tenant 1, during the lease term or any renewal or extension of such term, Tenant 1 shall have the duty to return the leased premises, upon termination or expiration of the lease, to the Landlord in the same condition as when received by Tenant 1, ordinary wear and tear excepted. Tenant 1 shall provide plans depicting proposed improvements to Landlord, designating any fixed, permanent or semi-permanent proposed installations that Tenant 1 proposes to leave in place without removal upon lease termination. All such alterations, changes or improvements and fixtures in or place, designated to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. In the event that Landlord consents to such additions, alterations, changes or improvements, then all additions, alterations, changes or improvements remain upon lease termination shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become remain the property of Landlord; provided. Further, howeverin connection with any improvements and alterations to the leased premises, Tenant 1 shall indemnify the Landlord may, at its option, require Tenant, at Tenant’s sole cost and expense, to remove from any lien arising out of any such additions, alterations, changes work performed or improvements at the expiration or sooner termination of this Lease, and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord againstmaterials furnished, and shall keep indemnify and hold harmless the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising Landlord from any work performedliability or loss, material furnishedof any type or nature, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premisesincluding reasonable attorney's fees, and agrees to obtain the discharge arising out of any lien which attaches as a result or claim based on work performed or materials furnished. Landlord shall have the right to require Tenant 1 to furnish adequate bond or other security acceptable to Landlord for payment of any such work immediately after performed by Tenant 1, and shall have the right to require adequate lien waives on any such lien attaches or payment for work performed by Tenant 1. Landlord shall also have the labor or material is due. Notice is hereby given right to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable post notice of non-liability for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest such work, at appropriate places in the Leased Premises, Property or Park as a result thereofleased premises.

Appears in 1 contract

Sources: Lease Agreement

Alterations. Tenant shall will not make additions, any alterations, changes repairs, additions or improvements in or to the Premises (for purposes of this Article 12, any structural components or the exterior of the Leased Premises foregoing being referred to as the “Work”) or which reduce the value add, disturb or in any way change any plumbing, wiring, life/safety or mechanical systems, locks, or structural portions of the Leased Premises Building without the prior written consent of Landlordthe Landlord as to the character of the Work, which the manner of doing the Work, and the contractor(s) doing the Work. Such consent shall not be unreasonably withheldwithheld or delayed. As a condition to Landlord’s consent to Work proposed by T▇▇▇▇▇, Landlord may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish insurance against liabilities that may arise out of such Work, plans and specifications approved by Landlord and permits necessary for such Work. In the event that addition, Landlord consents may as a condition to such additions, alterations, changes or improvements, then all additions, alterations, changes or improvements shall be constructed at approving Tenant’s sole expense and shallrequest to complete the Work, upon completion thereofnotify Tenant in writing concurrently with such approval, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, at Tenant’s sole cost and expense, to that Tenant must remove any such additions, alterations, changes or improvements at the expiration or sooner earlier termination of this Lease that portion of the Work that is designated by Landlord for removal in such approval (the “Required Removables”), provided that Landlord may only include in Required Removables those alterations that are not usual and customary for a tenant operating in a building of this sort or that requires materially excessive removal costs. In addition, Landlord may not designate any portion of the Tenant Improvements installed pursuant to Section 4 as Required Removables. If Landlord does not expressly describe any Required Removables at the time it consents to the installation or completion of Work, then Tenant shall not be required to remove them upon the expiration or earlier termination of this Lease. If such Work is performed by contractor(s) not retained by Landlord, and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant shall upon completion of such requirement at Work, deliver to Landlord evidence that payment for all such Work has been made by Tenant, contractors’ affidavits and full and final mechanic’s lien waivers. and (ii) pay to Landlord a construction supervision fee of five percent (5%) of the time total cost of Landlord’s approvalsuch Work, but in no event less than $500.00 to reimburse Landlord for the costs incurred by its construction manager in inspecting and supervising such Work, which fee shall be used to offset Operating Expenses. Tenant hereby All such Work shall be done in a good and workmanlike manner using quality materials and shall comply with all applicable governmental laws, ordinances, rules and regulations. T▇▇▇▇▇ agrees to indemnify and defend hold Landlord against, free and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising harmless from any work performedliability, material furnishedloss, cost, damage or obligations incurred expense (including attorney's fees) by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge reason of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is dueWork. Notice is hereby given The provisions of Article 27 of this Lease Agreement shall apply to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereofWork performed under this Article 12.

Appears in 1 contract

Sources: Lease (Surmodics Inc)

Alterations. The Tenant shall not do any painting or decorating, or erect any partitions, make additions, alterations, changes or improvements any alterations in or additions to the demised premises or do any structural components nailing, boring, or screwing into the exterior of the Leased Premises ceilings, walls or which reduce the value of the Leased Premises floors, without the Landlord's prior written consent in each and every instance. Notwithstanding the foregoing, Tenant may install and operate in and about the Premises such trade fixtures, equipment, machinery and appliances as it shall consider necessary or desirable for the conduct of its business, without Landlord's consent, which and shall retain ownership of and shall have the right to remove from the premises any such trade fixtures upon expiration or termination of this Lease, provided Tenant is not in default under the Lease and Tenant restores or repairs any damage to the premises resulting from such removal. Notwithstanding anything contained in this paragraph 9, Landlord's consent shall not be unreasonably withheldwithheld with respect to non-structural alterations with a cost of $15,000.00 or less. 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. The Landlord's decision to refuse such consent shall be conclusive. If the Landlord consents to such alterations or additions before commencement of the work or delivery of any materials into the demised premises or into the Building, the Tenant shall furnish the 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 arise in connection with the alterations or additions. In the event Landlord permits the alterations or additions to be completed by Tenant's contractor, Landlord reserves the right to require that Landlord consents to Tenant shall terminate its contract with any such additions, alterations, changes or improvements, then all additions, alterations, changes or improvements contractor in the event said contractor shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become engaged in a labor dispute which disrupts said contractor's work. Landlord shall also have the property right to order any contractor of Tenant who violates any of Landlord; provided, however, Landlord may, at its option, require Tenant, at Tenant’s sole cost 's requirements or standards of work to cease work and expense, to remove any such additionshimself, alterations, changes or improvements at the expiration or sooner termination of this Leasehis equipment, and his employees from the Building. Landlord or the managing agent of the Building shall be entitled to repair charge a fee of 12% of the cost of the work 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 damages to the Leased Premises caused by such removal provided Landlord has informed Tenant interruption of such requirement at the time either: (a) Landlord's construction; (b) Another tenant's occupancy or construction; or (c) other phases of Landlord’s approval's operation of the Building. Whether the Tenant furnishes the Landlord the foregoing or not, the Tenant hereby agrees to indemnify and defend Landlord againsthold the Landlord, its beneficiaries, partners, and shall keep the Leased Premises, Property their respective agents and Park free from all mechanics’ liens and other such liens arising employees harmless from any work performedand all liabilities of every kind and description which may arise out of or be connected in any way with said alterations or additions. Unless caused by the negligence or willful misconduct of Landlord or its agents, material furnishedemployees or invitees. Upon completing any alterations or additions, or obligations incurred by the Tenant or at shall furnish the direction Landlord with contractors' affidavits and full and final waivers of Tenant in connection lien and receipted bills covering all labor and materials expended and used. All alterations and additions shall comply with the Leased Premises, all insurance requirements and agrees to obtain the discharge with all ordinances and regulations of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is duepertinent governmental authority. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereof.All alterations

Appears in 1 contract

Sources: Industrial Space Lease (Griffith Micro Science International Inc)

Alterations. Tenant shall not make additions, alterations, changes additions or improvements to the Premises or install any Cable in the Premises or to any structural components other portions of the Building or the exterior of Project (collectively referred to as “Alterations”) without first obtaining the Leased Premises or which reduce the value of the Leased Premises without the prior written consent of Landlord in each instance. Prior to starting work, Tenant shall furnish Landlord with plans and specifications reasonably acceptable to Landlord; names of contractors reasonably acceptable to Landlord (provided that Landlord may designate specific contractors with respect to Building systems); copies of contracts; necessary permits and approvals; evidence of contractor’s and subcontractor’s insurance in amounts reasonably required by Landlord; and any security for performance that is reasonably required by Landlord. Changes to the plans and specifications must also be submitted to Landlord for its approval. Alterations shall be constructed in a good and workmanlike manner using materials of a quality that is at least equal to the quality designated by Landlord as the minimum standard for the Building. Landlord may designate reasonable rules, regulations and procedures for the performance of work in the Building and the Project and, to the extent reasonably necessary to avoid disruption to the occupants of the Building and the Project, shall have the right to designate the time when Alterations may be performed. Tenant shall reimburse Landlord within 10 days after receipt of an invoice for sums paid by Landlord for third party examination of Tenant’s plans for any Alterations. In addition, within 10 days after receipt of an invoice from Landlord, which consent Tenant shall pay Landlord a fee for Landlord’s oversight and coordination of any Alterations equal to 10% of the cost of the Alterations. Upon completion, Tenant shall furnish “as-built” plans (if applicable due to the nature of the Alteration), completion affidavits, full and final waivers of lien in recordable form, and receipted bills covering all labor and materials. Tenant shall assure that the Alterations comply with all insurance requirements and Laws. Landlord’s approval of an Alteration shall not be unreasonably withheld. In a representation by Landlord that the event that Landlord consents to such additions, alterations, changes Alteration complies with applicable Laws or improvements, then all additions, alterations, changes or improvements shall will be constructed at adequate for Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, at Tenant’s sole cost and expense, to remove any such additions, alterations, changes or improvements at the expiration or sooner termination of this Lease, and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereofuse.

Appears in 1 contract

Sources: Office Lease Agreement (GoPro, Inc.)

Alterations. Tenant shall not make additions, any alterations, changes additions or improvements (collectively, "Alterations") in or to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises Building without the Landlord's prior written consent consent. Tenant shall only utilize contractors approved by Landlord. Tenant shall, before making any Alterations, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord, which consent and Tenant agrees to carry, and to cause Tenant's contractors and sub-contractors to carry such workmen's compensation, general liability, personal and property damage insurance as Landlord may reasonably require. Upon completion of any Alterations, Tenant shall not be unreasonably withhelddeliver to Landlord one set of "as-built" plans and specifications therefor. In All Alterations installed in the event that Building, either by Tenant or by Landlord consents to such additionson Tenant's behalf, alterations, changes or improvements, then all additions, alterations, changes or improvements shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of LandlordLandlord and shall remain upon and be surrendered with the Building upon the expiration or earlier termination of the Lease; provided, however, that Landlord may, at its option, shall have the right to require Tenant, Tenant to remove such alterations at Tenant’s 's sole cost and expense, to remove any such additions, alterations, changes or improvements at expense upon the expiration or sooner earlier termination of this Lease, which required removal shall be specified by Landlord when Landlord consents to Tenant's requested alterations or shall be specified by Landlord after written request from Tenant in the event of any alteration which does not require Landlord's consent as hereinafter described. Nothing in this section 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 equipment and fixtures from the Building or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense, repair and restore the Building to the condition existing prior to installation (subject to ordinary wear and tear) and repair any damages damage to the Leased Premises caused Building due to such removal. All property that was permitted or required to be removed by Tenant at the end of the Term but which remains in the Building for 10 days after Tenant vacates the Building shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed from the Building by Landlord at Tenant's expense. Notwithstanding the foregoing, Tenant may perform alterations to the Building without Landlord's prior written consent provided such removal alterations (or the performance thereof) do not (i) affect the mechanical, electrical HVAC, life safety, or other Building operating systems, (ii) affect the structural components of the Building or require penetration of the floor or ceiling of the Building, (iii) involve the use or disturbance of any Hazardous Materials or (iv) cost more than Twenty-Five Thousand and No/100 Dollars ($25,000.00) in any one instance, and further provided that Tenant gives Landlord has informed Tenant prior written notice of such alterations and that such alterations (and the performance thereof) shall otherwise be in compliance with the provisions of this Article 7 (except for the requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereof's consent).

Appears in 1 contract

Sources: Lease Agreement (United Stationers Supply Co)

Alterations. Tenant shall will not make additions, any alterations, changes repairs, installations, additions or improvements in or to the Premises, or add, disturb or in any way change any plumbing, wiring, life/safety or mechanical systems, locks, or structural components or the exterior portions of the Leased Premises or which reduce the value Building (for purposes of this Article 8, any of the Leased Premises foregoing being referred to as “Alterations”) without the prior written consent of Landlordthe Landlord as to the character of the Alterations, which the manner of doing the Alterations, and the contractor(s) doing the Alterations. Such consent shall not be unreasonably withheldwithheld or delayed if such Alterations are required of Tenant or is the obligation of Tenant pursuant to this Lease. In As a condition to Landlord’s consent to the Alterations proposed by Tenant, Landlord may impose reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish surety performance and/or payment bonds or other security for the payment of all costs incurred in connection with such Alterations, insurance against liabilities that may arise out of such Alterations, plans and specifications approved by Landlord and permits necessary for such Alterations. If such Alterations are performed by contractor(s) not retained by Landlord, Tenant shall upon completion of such Alterations, (i) deliver to Landlord evidence that payment for all such Alterations have been made by Tenant, including contractors’ affidavits and full and final mechanic’s lien waivers and (ii) pay to Landlord a construction supervision fee of five percent (5%) of the total cost of such Alterations, but in no event less than $500.00 to reimburse Landlord for the costs incurred by its construction manager in inspecting and supervising such Alterations (provided, however, that the construction supervision fee for minor Work approved by Landlord consents to such additions, alterations, changes or improvements, then all additions, alterations, changes or improvements with a total cost less than $1,000.00 shall be constructed charged at Tenant$101.00 per hour). All such Alterations shall be done in a good and workmanlike manner using quality materials and shall comply with all applicable governmental laws, ordinances, rules and regulations. Tenant agrees to indemnify and hold Landlord free and harmless from any liability, loss, cost, damage or expense (including attorney’s sole expense and shall, upon completion thereof, fees) by reason of any of such Alterations. The provisions of Article 18 of this Lease Agreement shall apply to all Alterations performed under this Article 8. All Alterations to the Premises made by Tenant shall at the option of Landlord become the property of Landlord; Landlord and shall be either removed by Tenant at Tenant's sole cost or surrendered to Landlord upon the termination of this Lease Agreement, provided, however, this clause shall not apply, and Tenant shall retain title and rights to all, to movable equipment, whiteboard, artwork, audio visual equipment and industrial and other property or machinery mounted or secured to the Premises, or furniture owned by Tenant which may be removed by Tenant at the end of the Term of this Lease Agreement if Tenant is not then in default. Landlord may, at its option, require shall provide Tenant with notice of Tenant, at Tenant’s sole cost and expense, 's obligation to remove any such additions, alterations, changes or improvements Alteration at the expiration or sooner termination end of this Lease, and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement Lease Term at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord grants consent to such Alteration. If Landlord does not notify Tenant that Tenant is not liable for any labor or materials furnished obligated to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest remove such Alteration, such Alteration may be removed at Tenant's option, as provided in the Leased Premises, Property or Park as a result thereofArticle 25 hereof.

Appears in 1 contract

Sources: Commercial Lease (Celcuity Inc.)

Alterations. Tenant shall not make additionsa. At any time and from time to time, alterations, changes or improvements in or to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. In the event that Landlord consents to such additions, alterations, changes or improvements, then all additions, alterations, changes or improvements shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, at Tenant’s sole cost and expense, may make such structural and non-structural alterations and additions to remove the Leased Premises as Tenant desires, provided that any such additionsalteration or addition when completed shall be of such character as not to diminish the structural integrity of the Building. Any alterations or additions to the Leased Premises shall comply with all state and local building codes, alterationslaws and ordinances. No alterations or additions shall unreasonably diminish the utilities and building components that service the Leased Premises and the building. Title to any alterations or additions (other than Trade Fixtures) made by Tenant shall vest in Landlord, changes or improvements and Tenant shall deliver such documents of conveyance thereof as Landlord may reasonably request at the expiration or sooner termination of this Lease, Landlord shall cooperate at no out of pocket cost to Landlord in securing necessary permits and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approvalapprovals. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from not permit any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens to stand against the Leased Premises for work or material furnished Tenant. b. Landlord covenants and agrees that Landlord shall attach not make any alterations or additions to the Leased Premises without Tenant’s written consent. Landlord shall not permit any mechanics’ or affect other liens to stand against the Leased Premises for work or material furnished to Landlord. c. Landlord acknowledges and agrees that Tenant’s Trade Fixtures may be leased sfrom an equipment lessor and that Tenant may execute and enter into an equipment lease with respect to such Trade Fixtures. Landlord shall execute and deliver a document commercially reasonably acceptable to Landlord in which Landlord: (i) acknowledges and agrees that the Trade Fixtures constitute the personal property of Tenant, and shall not be considered to be part of the Building or Premises, regardless of whether or by what means they become attached thereto; (ii) agrees that it will not claim any interest in such Trade Fixtures; (iii) agrees that any equipment lessor may enter the Leased PremisesBuilding or Premises for the purpose of exercising any right it may have under the provisions of any equipment lease, Property including the right to remove such Trade Fixtures, provided that such equipment lessor agrees to repair any damage resulting from such removal; and (iv) any such other provisions as may be common and reasonable. Landlord waives any statutory landlord’s lien and any attachment for rent on the Trade Fixtures that Landlord may have or Park as a result thereofmay hereafter acquire.

Appears in 1 contract

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

Alterations. Tenant shall not make additions, alterations, changes or improvements in or to perform any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises Tenant Alterations without ----------- first obtaining the prior written consent of Landlord. Landlord may impose such reasonable conditions with respect to Tenant Alterations as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish to Landlord for its approval prior to commencement of any work or entry by Tenant's contractors into the Premises or the Building, security for the payment of all costs to be in connection with any such Tenant Alterations, insurance against liabilities which consent may arise out of the Tenant Alterations and plans and specifications and permits necessary for the Tenant Alterations. Tenant Alterations shall not be unreasonably withhelddone at Tenant's expense by agents or contractors hired by Tenant who are reasonably acceptable to Landlord, or at Landlord's election, by Landlord's employees or contractors hired by Landlord. Before employing any such contractors. Tenant shall submit to Landlord the names and addresses of such contractors. Tenant shall promptly pay the cost, when due, of all Tenant Alterations. In the event that Landlord consents to such additions, alterations, changes or improvements, then all additions, alterations, changes or improvements shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, at Tenant’s sole cost and expense, to remove any such additions, alterations, changes or improvements at the expiration or sooner termination of this Lease, and to repair any damages addition to the Leased Premises caused by such removal provided Landlord has informed Tenant cost of such requirement at Tenant Alterations, Tenant shall also pay to Landlord or to the time managing agent of the Project, as Landlord shall direct, an amount equal to fifteen percent (15%) of all of the costs of all Tenant Alterations, as a coordination and management fee allocable to the Tenant Alterations. Upon completion of any Tenant Alterations, Tenant shall deliver to Landlord’s approval, if payment is made directly to contractors, evidence of payment, contractors' affidavits and full and final waivers of all liens for labor, services and materials sufficient to waive all rights to liens under the Illinois Mechanic's Lien law arising from the work done. Tenant hereby agrees to indemnify indemnity, defend by counsel reasonably acceptable to Landlord and defend Landlord againsthold Landlord, Landlord's beneficiaries, the managing agent of the Project and shall keep their respective agents, partners and employees and the Leased PremisesProject harmless of, Property from and Park free from against any and all mechanics’ liens losses, damages, liabilities, claims, liens, costs and other such liens expenses, including without limitation court costs and reasonable attorneys' fees and expenses, arising from in connection with any work performed, material furnished, or obligations incurred Tenant Alterations. All Tenant Alterations done by Tenant or at the direction its contractors, including work done pursuant to Section 9, shall be done in a first class workerlike manner using only good grades of Tenant in connection materials and shall comply with the Leased Premises, all insurance requirements of Landlord and agrees to obtain the discharge all Laws. Within thirty (30) days after substantial completion of any lien which attaches Tenant Alterations by or on behalf of Tenant, Tenant shall furnish to Landlord "as a result built" drawings of such Tenant Alterations. The Tenant Alterations described in this Section 14 are separate and distinct from work immediately after such lien attaches or payment for performed pursuant to the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereofWorkletter.

Appears in 1 contract

Sources: Sublease Agreement (Inventa Technologies Inc)

Alterations. (a) Except as provided in Paragraph 8(c), Tenant shall not make additionsnot, alterations, changes or improvements in or to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises without the prior written consent of Landlord, Landlord (which consent shall not be unreasonably withheldwithheld or delayed), make any alterations, improvements or additions to the Premises. In the event that If Landlord consents to such any alterations, improvements or additions, alterationsit may impose such conditions with respect thereto as Landlord deems reasonably appropriate, changes including, without limitation, Landlord's approval of plans and specifications for the work (but Tenant shall not be entitled to rely upon such approval as evidencing that the plans and specifications are proper in any respect), use of Landlord's approved contractors to perform the work, insurance against liabilities which may arise out of such work, permits necessary for such work and as-built drawings upon completion of such work and the furnishing to Landlord of such security as is determined by Landlord to be appropriate for the proper completion of such work and its completion free of mechanics', materialmen's and similar liens or improvements, then all additions, alterations, changes claims thereof. All work done by Tenant or improvements its contractors shall be constructed at Tenant’s sole expense done in a first-class workmanlike manner, using only good grades of materials and shallwithout disturbing other tenants and shall comply with all insurance requirements and all applicable laws or ordinances and rules and regulations of governmental departments or agencies. Before proceeding with any such work, upon completion thereof, become the property Tenant shall reimburse Landlord for Landlord's actual out-of-pocket costs of Landlord; provided's architects' review of Tenant's plans and specifications plus a reasonable administrative fee. Any work performed by or for Tenant shall be performed by competent workmen whose labor union affiliations are compatible with those of the workmen who may be employed in the Building by Landlord, howeverits contractors or subcontractors, and Landlord mayshall have the right, at its option, require Tenantto directly supervise the work, which supervision shall be for the protection of Landlord's interest only. (b) All alterations, additions or improvements made by Tenant and all fixtures attached to the Premises shall become the property of Landlord and remain at the Premises or, at Tenant’s sole Landlord's option, any or all of the foregoing shall be removed at the cost and expense, to remove any such additions, alterations, changes or improvements at of Tenant before the expiration or sooner termination of this Lease, Lease and to in such event Tenant shall repair any damages all damage to the Leased Premises caused by such the installation and/or removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approvalthereof. Tenant hereby agrees shall not permit or suffer any signs advertisements or notices to indemnify and defend Landlord againstbe displayed, and shall keep inscribed upon or affixed on any part of the Leased outside or inside of the Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performedor in the Building, material furnished, or obligations incurred by Tenant or at except on the direction entrance doors of Tenant in connection with the Leased Premises, and then only of such size, color and style as Landlord may approve which will not be unreasonably withheld or delayed. Landlord shall have the right to remove unauthorized signs at Tenant's expense. (c) Landlord and Tenant agree that decorations, substitutions, alterations and improvements shall not require the prior written consent of Landlord if the same (i) are not structural in nature and if they do not affect the structural integrity or external appearance of the Building or common areas; (ii) do not adversely affect the basic Building systems; (iii) do not affect electrical, life safety, HVAC, mechanical or plumbing systems or fixtures; (iv) are not visible from any elevator lobby or public area; (v) do not include any restrooms; and, (vi) do not exceed a total cost and expense of $5,000. Notwithstanding the foregoing, Tenant agrees to obtain the discharge deliver written notice to Landlord advising of any lien decoration, substitution and non-structural changes which attaches as a result do not require Landlord's consent at least three (3) business days prior to commencement of such any work immediately after such lien attaches or payment for upon the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereof.

Appears in 1 contract

Sources: Lease Agreement (Rocky Mountain Internet Inc)

Alterations. Tenant shall will not make additions, any alterations, changes repairs, additions or improvements in or to the Premises (for purposes of this Article 12, any structural components or the exterior of the Leased Premises foregoing being referred to as the “Work”) or which reduce the value add, disturb or in any way change any plumbing, wiring, life/safety or mechanical systems, locks, or structural portions of the Leased Premises Building without the prior written consent of Landlordthe Landlord as to the character of the Work, which the manner of doing the Work, and the contractor(s) doing the Work. Such consent shall not be unreasonably withheldwithheld or delayed. As a condition to Landlord’s consent to Work proposed by ▇▇▇▇▇▇, Landlord may impose such reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish insurance against liabilities that may arise out of such Work, plans and specifications approved by Landlord and permits necessary for such Work. In the event that addition, Landlord consents may as a condition to such additions, alterations, changes or improvements, then all additions, alterations, changes or improvements shall be constructed at approving Tenant’s sole expense and shallrequest to complete the Work, upon completion thereofnotify Tenant in writing concurrently with such approval, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, at Tenant’s sole cost and expense, to that Tenant must remove any such additions, alterations, changes or improvements at the expiration or sooner earlier termination of this Lease that portion of the Work that is designated by Landlord for removal in such approval (the “Required Removables”), provided that Landlord may only include in Required Removables those alterations that are not usual and customary for a tenant operating in a building of this sort or that requires materially excessive removal costs. In addition, Landlord may not designate any portion of the Tenant Improvements installed pursuant to Section 4 as Required Removables. If Landlord does not expressly describe any Required Removables at the time it consents to the installation or completion of Work, then Tenant shall not be required to remove them upon the expiration or earlier termination of this Lease. If such Work is performed by contractor(s) not retained by Landlord, and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant shall upon completion of such requirement at Work, deliver to Landlord evidence that payment for all such Work has been made by Tenant, contractors’ affidavits and full and final mechanic’s lien waivers. and (ii) pay to Landlord a construction supervision fee of five percent (5%) of the time total cost of Landlord’s approvalsuch Work, but in no event less than $500.00 to reimburse Landlord for the costs incurred by its construction manager in inspecting and supervising such Work, which fee shall be used to offset Operating Expenses. Tenant hereby All such Work shall be done in a good and workmanlike manner using quality materials and shall comply with all applicable governmental laws, ordinances, rules and regulations. ▇▇▇▇▇▇ agrees to indemnify and defend hold Landlord against, free and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising harmless from any work performedliability, material furnishedloss, cost, damage or obligations incurred expense (including attorney's fees) by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge reason of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is dueWork. Notice is hereby given The provisions of Article 27 of this Lease Agreement shall apply to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereofWork performed under this Article 12.

Appears in 1 contract

Sources: Lease (Surmodics Inc)

Alterations. Tenant shall not make no alterations, additions, alterations, changes or improvements in or to any the Premises (whether structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises non-structural) without the Landlord's prior written consent of Landlordconsent, which consent may be withheld for any reason. If any alteration, addition, or improvement is made by Tenant without such consent, Landlord shall not be unreasonably withheldhave the right to require Tenant to remove the same at any time during the Term. In the event that Landlord consents to such If Tenant shall request Landlord's consent for any alterations, additions, alterations, changes or improvements, then all Tenant shall submit detailed plans, specifications, and an itemized budget for making such alterations, additions, or improvements. Tenant shall pay to Landlord all costs incurred by Landlord for any architectural, engineering, supervisory, or legal services in connection with making a determination concerning consent for any alteration, addition, or improvement requested by Tenant or in connection with making any correction to any work or improvement performed by or at the request of Tenant. Landlord may impose any conditions on and requirements to its consent as Landlord shall in its discretion deem to be necessary or advisable, including without limitation the hours when work may be performed. Any approved alteration, addition, or improvement shall be made only by contractors or mechanics approved by Landlord. Tenant shall provide Landlord with as-built plans and specifications for any alterations, changes additions, or improvements improvements. The review, approval, inspection, or examination by Landlord or any of its agents of any plans, specifications, contractors, or any other items shall be constructed solely for Landlord's benefit and to protect its interests, and neither Landlord nor its agents shall be deemed to have assumed any responsibility for the quality of work of any contractor, or the accuracy, sufficiency, quality, or suitability of such plans, specifications, or other items. Tenant agrees that there shall be no construction of partitions or other obstructions which might interfere with Landlord's free access to mechanical installations or service facilities of the Building or interfere with the moving of Landlord's equipment to or from the enclosures containing said installations or facilities. Tenant covenants and agrees that all work done by Tenant shall be performed in full compliance with all laws, rules, orders, ordinances, regulations, permits, and requirements of any insurance rating bureau used by insurers selected to carry Landlord's insurance, and of any similar body. Before commencing any work, Tenant shall give Landlord at Tenant’s sole expense least ten (10) days written notice of the proposed commencement of such work and shall, if required by Landlord, secure at Tenant's own cost and expense, a completion and lien indemnity bond satisfactory to Landlord for said work and such other comprehensive general public liability insurance, builders risk insurance, and other such insurance coverages so as to protect the insurable interests of Landlord, Tenant, contractors, and subcontractors in amounts and on forms as may be requested by Landlord. Tenant further covenants and agrees that any mechanic's lien filed against the Premises or against the Building for work claimed to have been done, or materials claimed to have been furnished, will be discharged by Tenant, by bond, or otherwise, within ten (10) days after the filing thereof, at the sole cost and expense of Tenant. All alterations, additions, or improvements upon completion thereofthe Premises made by either party, including without limitation, all wall coverings, floor coverings, built-in cabinet work, paneling, and the like, shall, unless Landlord elects otherwise, become the property of Landlord, and shall remain upon, and be surrendered with the Premises, as a part thereof, at the end of the Term or upon earlier termination; provided, however, that Landlord may, at its optionby written notice to Tenant, require Tenant, at Tenant’s sole cost and expense, Tenant to remove any such additionsall improvements, alterations, changes or improvements at the expiration or sooner termination of this Leaseand additions made by Tenant, and to Tenant shall repair any damages to the Leased Premises caused by all damage resulting from such removal provided or, at Landlord's option, shall pay to Landlord has informed all costs arising from such removal. Landlord reserves the right to install new or additional utility facilities throughout the Project for the benefit of Landlord or Tenant or any other tenant of the Project, including, but not limited to, such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord againstutilities as plumbing, electrical systems, security systems, communication systems, and shall keep fire protection and detection systems, so long as such installations do not unreasonably interfere with Tenant's use of the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereof.

Appears in 1 contract

Sources: Office Space Lease (Cayenta Inc)

Alterations. To the extent Landlord is not reimbursed by insurance proceeds, Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the negligent or willful acts of Tenant, Tenant Related Parties (defined in Section 13). If Tenant fails to commence any repairs to the Premises within 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may make the repairs, and Tenant shall pay the reasonable cost of the repairs, together with an administrative charge in an amount equal to 10% of the cost of the repairs. 9.02 Landlord shall keep and maintain in good repair and working order and perform maintenance upon the: (a) Base Building and all structural elements of the Building; (b) mechanical (including HVAC), electrical, plumbing and fire/life safety systems serving the Building in general; (c) Common Areas; (d) roof of the Building; (e) exterior (including) windows of the Building; and (f) elevators serving the Building. Landlord shall promptly make repairs for which Landlord is responsible. Landlord will manage and maintain the Building in a manner consistent with office buildings of similar class, size, and age as the Building located in the vicinity of the Building. 9.03 Tenant shall not make additions, alterations, changes repairs, additions or improvements in or install any Cable (collectively referred to any structural components or as "ALTERATIONS") without first obtaining the exterior of the Leased Premises or which reduce the value of the Leased Premises without the prior written consent of LandlordLandlord in each instance, which consent shall not be unreasonably withheldwithheld or delayed. In However, Landlord's consent shall not be required for any Alteration that satisfies all of the event following criteria (a "COSMETIC ALTERATION"): (a) is of a cosmetic nature such as painting, wallpapering, hanging pictures and installing carpeting; (b) is not visible from the exterior of the Premises or Building; (c) will not affect the Base Building; and (d) does not require work to be performed inside the walls or above the ceiling of the Premises. Cosmetic Alterations shall be subject to all the other provisions of this Section 9.03. Prior to starting work, Tenant shall furnish Landlord with plans and specifications; names of contractors reasonably acceptable to Landlord (provided that Landlord consents may designate specific contractors with respect to such additions, alterations, changes or improvements, then all additions, alterations, changes or improvements Base Building); required permits and approvals; and evidence of contractor's and subcontractor's insurance in amounts reasonably required by Landlord and naming Landlord as an additional insured. Changes to the plans and specifications must also be submitted to Landlord for its approval. Alterations shall be constructed at in a good and workmanlike manner using materials of a quality reasonably approved by Landlord. Tenant shall reimburse Landlord for any reasonable and customary sums paid by Landlord for third party examination of Tenant’s sole expense 's plans for non-Cosmetic Alterations. In addition, Tenant shall pay Landlord a fee for Landlord's oversight and shall, upon completion thereof, become coordination of any non-Cosmetic Alterations equal to $110.00 (the property "Initial Hourly Rate") multiplied by the number of hours of Landlord; provided, however, Landlord may, at its option, require Tenant, at Tenant’s sole cost 's employees spent in such oversight and expense, to remove any such additions, alterations, changes or improvements at the expiration or sooner termination of this Lease, and to repair any damages coordination. The Initial Hourly Rate shall be subject to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant annual escalation in connection accordance with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest changes in the Leased PremisesCPI in the same manner that the Minimum Net worth is subject to escalation pursuant to Section 11.04 below. Upon completion, Property or Park as Tenant shall furnish "as-built" plans for non-Cosmetic Alterations, completion affidavits and full and final waivers of lien. Landlord's approval of an Alteration shall not be deemed a result thereofrepresentation by Landlord that the Alteration complies with Law.

Appears in 1 contract

Sources: Office Lease Agreement (Evergreenbancorp Inc)

Alterations. Tenant shall not make additionsalterations and additions to Tenant’s Premises except in accordance with plans and specifications therefor first approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. However, Landlord’s determination of matters relating to aesthetic issues relating to alterations, changes additions or improvements which are visible outside the Premises (including, without limitation, from common lobbies within the Building) shall be in Landlord’s sole discretion. Without limiting such standard Landlord shall not be deemed unreasonable for withholding approval of any alterations or additions (including, without limitation, any alterations or additions to be performed by Tenant under Article III) which (a) in Landlord’s opinion might adversely affect any structural or exterior element of the Building, any area or element outside of the Premises, or any facility or base building mechanical system serving any area of the Building outside of the Premises, or (b) involve or affect the exterior design, size, height, or other exterior dimensions of the Building or (c) will require unusual expense to readapt the Premises to normal office use on Lease termination or expiration or 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 requirements of insurers of the Building and the other requirements of this Lease with respect to Tenant’s insurance obligations (herein called “Insurance Requirements”) nor deemed a waiver of Tenant’s obligations under this Lease with respect to applicable Legal Requirements and Insurance Requirements nor impose any liability or obligation upon Landlord with respect to the completeness, design sufficiency or compliance of such plans, specifications and work with applicable Legal Requirements and Insurance Requirements nor give right to any other parties. Further, Tenant acknowledges that Tenant is acting for its own benefit and account, and that Tenant shall not be acting as Landlord’s agent in performing any work in the Premises, accordingly, no contractor, subcontractor or supplier shall have a right to lien Landlord’s interest in the Property in connection with any such work. Within thirty (30) days after receipt of an invoice from Landlord, Tenant shall pay to Landlord as a fee for Landlord’s review of any work or plans (excluding any review respecting initial improvements performed pursuant to Article III hereof for which a fee has previously been paid but including any review of plans or work relating to any assignment or subletting), as Additional Rent, an amount equal to the sum of: (i) $150.00 per hour for time spent by Landlord’s in-house personnel, plus (ii) third party expenses incurred by Landlord to review Tenant’s plans and Tenant’s work. All alterations and additions shall be part of the Building unless and until Landlord shall specify the same for removal pursuant to Section 5.2. Landlord agrees to make such election at the time that Landlord approves Tenant’s plans for any such alterations, etc. All of Tenant’s alterations and additions and installation of furnishings shall be coordinated with any work being performed by Landlord and in such manner as to maintain harmonious labor relations and not to damage the Buildings or Site or interfere with construction or operation of the Buildings and other improvements to the Site and, except for installation of furnishings, shall be performed by Landlord’s general contractor or by contractors or workers first approved by Landlord. Except for work by Landlord’s general contractor, Tenant, before its work is started, shall secure all licenses and permits necessary therefor; deliver to Landlord a statement of the names of all its contractors and subcontractors and the estimated cost of all labor and material to be furnished by them and security satisfactory to Landlord protecting Landlord against liens arising out of the furnishing of such labor and material; and cause each contractor to carry insurance in accordance with Section 8.14 herein and to deliver to Landlord certificates of all such insurance. Tenant shall also prepare and submit to Landlord a set of as-built plans, in both print and electronic forms, showing such work performed by Tenant to the Premises promptly after any such alterations, improvements or installations are substantially complete and promptly after any wiring or cabling for Tenant’s computer, telephone and other communications systems is installed by Tenant or Tenant’s contractor. Without limiting any of Tenant’s obligations hereunder, Tenant shall be responsible, as Additional Rent, for the costs of any alterations, additions or improvements in or to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. In the event Building that Landlord consents are required in order to such additions, alterations, changes or improvements, then all additions, alterations, changes or improvements shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, at Tenant’s sole cost and expense, to remove any such additions, alterations, changes or improvements at the expiration or sooner termination of this Lease, and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection comply with the Leased Premises, and agrees to obtain the discharge of any lien which attaches Legal Requirements as a result of any work performed by Tenant. Landlord shall have the right to provide such work immediately after rules and regulations relative to the performance of any alterations, additions, improvements and installations by Tenant hereunder and Tenant shall abide by all such lien attaches or reasonable rules and regulations and shall cause all of its contractors to so abide including, without limitation, payment for the labor costs of using Building services. Tenant agrees to pay promptly when due the entire cost of any work done on the Premises by Tenant, its agents, employees, or material is due. Notice is hereby given to all Tenant’s independent contractors, subcontractors, materialmen and not to cause or suppliers that Landlord is not liable permit any liens for any labor or materials performed or furnished in connection therewith to Tenant on credit and no mechanics’ or other liens shall attach to the Premises or affect the Buildings or the Site and, within ten (10) business days, to discharge or bond over any such liens which may so attach. Tenant shall pay, as Additional Rent, 100% of any real estate taxes on the Property which shall, at any time after commencement of the Term, result from any alteration, addition or improvement to the Premises made by Tenant. Tenant acknowledges and agrees that Landlord shall be the owner of any additions, alterations and improvements in the Premises or the Building to the extent paid for by Landlord. Notwithstanding anything to the contrary herein contained, Tenant shall have the right, without obtaining Landlord’s interest in consent, to make interior nonstructural alterations costing not more than Twenty Thousand and 00/100 Dollars ($20,000.00), provided however that: (i) Tenant shall give prior written notice to Landlord of such alterations; (ii) Tenant shall submit to Landlord plans for such alterations if Tenant utilizes plans for such alterations; and (iii) such alterations shall not materially affect any of the Leased Building’s systems, or the ceiling of the Premises, Property or Park as a result thereof.

Appears in 1 contract

Sources: Lease Agreement (Fleetmatics Group PLC)

Alterations. Tenant shall not make additions, alterations, changes or improvements any alterations in or additions to the Premises (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 structural components or the exterior of the Leased Premises existing electrical outlet or which reduce the value would increase Tenant’s usage of the Leased Premises 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. As to any Alterations to which Landlord has consented, which consent Tenant, at its expense, shall not 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 unreasonably withheldcompleted in compliance therewith and all Laws and all applicable requirements of Landlord’s insurance carriers. In the event that Landlord consents to such additions, alterations, changes or improvements, then all additions, alterations, changes or improvements All Alterations shall be constructed 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 expense by Landlord’s employees or, with Landlord’s consent, by persons requested by Tenant and shall, upon completion thereof, become the property of authorized in writing by Landlord; provided, however, if such work is performed by persons who are not employees of Landlord, Tenant shall pay to Landlord, upon receipt of billing therefor, the costs for supervision and control of such persons as Landlord maymay determine to be necessary. If Landlord authorizes persons requested by Tenant to perform such work, at its option, require Tenant, at Tenant’s sole cost and expense, prior to remove the commencement of any such additionswork, alterationsTenant shall on request deliver to Landlord certificates issued by insurance companies qualified to do business in Colorado evidencing that workmen’s compensation, changes public liability insurance and property damage insurance (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 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 improvements at modified without 30 days prior written notice to Landlord and such Mortgagee. Further, Landlord or such Mortgagee shall have the expiration or sooner termination of this Lease, and right to repair any damages to post notices in the Leased Premises caused in locations which will be visible by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from parties performing any work performed, material furnished, or obligations incurred by Tenant or at on the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers Premises stating that Landlord is not liable responsible for the payment for such work and setting forth such other information as Landlord may deem necessary. Alterations, repair and maintenance work shall be performed in a manner which will not unreasonably interfere with, delay, or impose any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest additional expense upon Landlord in the Leased Premises, Property maintenance or Park as a result thereofoperation of the Building or upon other tenants’ use of their premises.

Appears in 1 contract

Sources: Lease Agreement (Texas Rare Earth Resources Corp.)

Alterations. Section 10.1 Tenant shall not make additionsany alterations or renovations to the Premises without first obtaining Landlord's written consent in each instance. Consent for merely "cosmetic" alterations is not required. If Landlord unreasonably withholds its consent after having been provided with full information and details as herein required, alterationsthen Tenant may, changes as its sole remedy and at its sole cost and risk, proceed with the alteration or improvements in or renovation at its sole risk and expense utilizing a contractor approved by Landlord as provided herein. Landlord shall not be deemed unreasonable by refusing to consent to any structural components alteration which: (i) is or may be visible from the exterior of the Leased Premises Building or the Project, (ii) which may affect the building structure, exterior, load bearing members, walls, stairwells, escalators, or any electrical, mechanical, HVAC communication, alarm or other systems and equipment in the Building or Project or which reduce are prohibited by any underlying ground lease or mortgage. Should Tenant desire to make any alterations to the value Premises, Tenant shall submit all plans and specifications for such proposed alterations to Landlord for Landlord's review before Tenant allows any such work to commence, and Landlord shall approve or disapprove such plans and specifications for any of the Leased Premises without reasons set forth in this Section 10.1 or for any other reason reasonably deemed sufficient by Landlord. Tenant shall select and use only contractors, subcontractors or other repair personnel from those listed on Landlord's approved list maintained by Landlord in the prior Project management office or otherwise approved by Landlord. Upon Tenant's receipt of written consent approval from Landlord and any required approval of any mortgagee or lessor of Landlord, which consent and upon Tenant's payment to Landlord of (a) a reasonable fee prescribed by Landlord for the work of Landlord and Landlord's employees and representatives in reviewing and approving such plans and specifications and (b) the fees, if any charged by any mortgagee or lessor of Landlord for such review and approval, Tenant shall not be unreasonably withheld. In have the event that Landlord consents right to such additions, proceed with the construction of all approved alterations, changes or improvements, then all additions, but only so long as such alterations are in strict compliance with the plans and specifications so approved by Landlord and with the provisions of this Article 10. All alterations, changes whether directly or improvements indirectly caused or necessitated by Tenant's alteration, shall be constructed made at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, at Tenant’s 's sole cost and expense, either by Tenant's contractors or, at Landlord's option, by Landlord on terms reasonably satisfactory to remove Tenant, including a fee of fifteen percent (15%) of the actual costs of such work to cover Landlord's overhead and a fee for Landlord's agent or manager in supervising and coordinating such work. If Tenant's contractor performs such work, a fee of seven and one-half percent (7.5%) of the actual costs of such work shall be paid to Landlord as a fee for Landlord's agent or manager in supervising and coordinating such work to cover overhead and a fee for Landlord's agent or manager for supervising and coordinating such work. In no event, however, shall anyone other than Landlord or Landlord's employees or representatives perform work to be done which affects the Central Areas of the Building. LANDLORD ___________ TENANT ____________ Section 10.2 All construction, alterations and repair work done by or for Tenant shall (a) be performed in such a manner as to maintain harmonious labor relations; (b) not adversely affect the safety of the Project, the Building or the Premises or the systems thereof and not affect the Central Areas of the Building; (c) comply with all building, safety, fire, plumbing, electrical, and other codes and governmental and insurance requirements; (d) not result in any usage in excess of building standard of water, electricity, gas, or other utilities or of heating, ventilating or air-conditioning (either during or after such additionswork) unless prior written arrangements satisfactory to Landlord are made with respect thereto; (e) be completed promptly and in a good and workmanlike manner and in compliance with, and subject to, all of the provisions of Article F of Exhibit "C" hereof; and (f) not disturb Landlord or other tenants in the Building. After completion of any alterations to the Premises, Tenant will deliver to Landlord a copy of "as built" plans and specifications depicting and describing such alterations. Section 10.3 All Leasehold Improvements, changes alterations and other physical additions made to or improvements installed by or for Tenant in the Premises shall be and remain Landlord's property (except for Tenant's furniture, personal property and movable trade fixtures) and shall not be removed without Landlord's written consent. Tenant agrees to remove, at its sole cost and expense, all of Tenant's furniture, personal property and movable trade fixtures, and, if directed to or permitted to do so by Landlord in writing, all, or any part of, the expiration Leasehold Improvements, alterations and other physical additions made by or sooner on behalf of Tenant to the Premises (including, without limitation, all cabling and wiring for computer systems, telephones and the like whether located above the finished ceiling or underneath the floor), on or before the Expiration Date or any earlier date of termination of this Lease. Tenant shall repair, or promptly reimburse Landlord for the cost of repairing all damage done to the Premises or the Building by such removal. Any Leasehold Improvements, alterations or physical additions made by or on behalf of Tenant which Landlord does not direct or permit Tenant to remove at any time during or at the end of the Lease Term shall become the property of Landlord at the end of the Lease Term without any payment to Tenant. If Tenant fails to remove any of Tenant's furniture, personal property or movable trade fixtures by the Expiration Date or any sooner date of termination of the Lease or, if Tenant fails to remove any Leasehold Improvements, alterations and other physical additions made by Tenant to the Premises which Landlord has in writing directed Tenant to remove (including, without limitation, all cabling and wiring for computer systems, telephones and the like whether located above the finished ceiling or underneath the floor), Landlord shall have the right, on the fifth (5th) day after Landlord's delivery of written notice to Tenant to deem such property abandoned by Tenant and to remove, store, sell, discard or otherwise deal with or dispose of such abandoned property in a commercially reasonable manner. Tenant shall be liable for all costs of such disposition of Tenant's abandoned property, and Landlord shall have no liability to repair Tenant in any damages to respect regarding such property of Tenant. The provisions of this Section 10.3 shall survive the Leased Premises caused by such removal provided Landlord has informed Tenant expiration or any earlier termination of such requirement at the time of Landlord’s approvalthis Lease. Tenant hereby agrees appoints Landlord as the attorney-in-fact for Tenant and authorizes Landlord, as such attorney-in-fact, to indemnify and defend execute on behalf of Tenant any ▇▇▇▇ of sale or other document which Landlord againstmay deem necessary to evidence the conveyance of such property, and shall keep the Leased Premisesauthorizes Landlord, Property and Park free from all mechanics’ liens and other as such liens arising from any work performedattorney-in-fact, material furnished, or obligations incurred by Tenant or at the direction to execute on behalf of Tenant in connection with any ▇▇▇▇ of sale or other document which Landlord may deem necessary to evidence the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result conveyance of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereofproperty.

Appears in 1 contract

Sources: Lease Agreement (Teamstaff Inc)

Alterations. Except for the Tenant's Work, which shall be governed exclusively by the terms and conditions of the Workletter, Tenant shall not make additionsmake, alterations, changes or improvements in or to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises without the prior written consent of Landlord, any alterations, additions or improvements to the Premises which: (i) affect the roof of the Landlord's Property, (ii) affect the structural components of the Project, (iii) affect any utility or mechanical systems (or any component part thereof) serving any part of the Project other than the Premises exclusively (including, without limitation, any such systems or component parts thereof located within the Premises), (iv) are or will be visible from outside of the Premises, (v) individually cost (including the cost of all labor, materials and supplies) in excess of $25,000.00 to perform, or (vi) require the consent or approval of any other owner or owners of any portion of the Project or the Mayfair Project under the Easement Agreement, the Original Operating Agreement or the Amended Operating Agreement. Landlord's decision to refuse such consent shall be conclusive. If Landlord consents to such alterations, additions or improvements, before commencement of the work or delivery of any materials onto the Premises or into the Landlord's Property, Tenant shall furnish to Landlord, for Landlord's approval, plans and specifications, names and addresses of contractors, copies of contracts, necessary permits and licenses, evidence of reasonable and appropriate insurance for any contractors performing any such work, and instruments of indemnification against any and all claims, costs, expenses, damages and liabilities which consent may arise in connection with such work, all in such form, substance and amount as may be satisfactory to Landlord. In addition, prior to commencement of any such work or delivery of any materials into the Premises, Tenant shall provide Landlord with appropriate evidence of Tenant's ability to pay for such work and materials in full, and if requested by Landlord, shall deposit with Landlord at such time such security for the payment of said work and materials as Landlord may reasonably require. All alterations, additions and improvements shall be installed in a good, workmanlike manner and only new, high-grade materials shall be used. All such work shall be done only by contractors or mechanics approved by Landlord, which approval shall not be unreasonably withheld. In the event that Tenant further agrees to hold Landlord consents to such additions, 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, changes additions or improvements, then all additions, except to the extent any such liabilities result from Landlord's gross negligence. Before commencing any work in connection with such alterations, changes additions or improvements improvements, Tenant shall furnish Landlord with certificates of insurance from all contractors performing labor or furnishing materials, insuring Landlord against any and all liabilities which may arise out of or be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, at Tenant’s sole cost and expense, to remove connected in any such additions, way with said alterations, changes additions or improvements at the expiration or sooner termination of this Lease, and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approvalimprovements. Tenant hereby agrees shall permit Landlord to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant supervise construction operations in connection with the Leased Premisesforegoing work if Landlord requests to do so. Tenant shall pay the cost of all such alterations, additions and improvements, as well as the cost of decorating the Premises occasioned by such alterations, additions and improvements, including the cost of labor and materials, contractors' profits, overhead and general conditions. Upon completing any alterations, additions or improvements, Tenant shall furnish Landlord with contractors affidavits and full and final waivers of lien, in form required by law, and agrees to obtain receipted bills covering all labor and materials expended and used. All alterations, additions and improvements shall comply with all insurance requirements and with all city and county ordinances and regulations and with the discharge requirements of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit state and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereoffederal statutes and regulations.

Appears in 1 contract

Sources: Lease (Woodroast Systems Inc)

Alterations. Tenant A. Lessee shall not make additions, alterations, changes or improvements allow to be made (except as otherwise provided in this Lease Agreement) any alterations or physical additions (including fixtures) in or to any structural components or the exterior of the Leased Premises Premises, or which reduce the value of place safes, vaults or other heavy furniture or equipment within the Leased Premises Premises, without first obtaining the prior written consent of LandlordLessor. Lessee shall submit requests for consent to make alterations or physical additions together with copies of the plans and specifications for such alterations. Subsequent to obtaining Lessor’s consent and prior to commencement of construction of the alterations, which consent Lessee shall deliver to Lessor the building permit, a copy of the executed construction contract covering the alterations and evidence of contractor’s and subcontractor’s insurance, such insurance being with such companies, for such periods and in such amounts as Lessor may ‘reasonably require, naming the Lessor Parties (as defined on Exhibit “H”) as additional insureds. Lessee shall pay to Lessor upon demand a review fee in the amount of Lessor’s actual costs incurred to compensate Lessor for the cost of review and approval of the plans and specifications and for additional administrative costs incurred in monitoring the construction of the alterations, not to exceed Five Hundred and 00/100 Dollars ($500.00). Lessee shall deliver to Lessor a copy of the “ as-built” plans and specifications for all alterations or physical additions so made in or to the Leased Premises, and shall reimburse Lessor for the actual out of pocket cost incurred by Lessor to update its current architectural plans for the Building. B. Lessee shall indemnify, defend (with counsel reasonably acceptable to Lessor) and hold harmless the Lessor Parties from and against all costs (including reasonable attorneys’ fees and costs of suit), losses, liabilities, or causes of action arising out of or relating to any alterations, additions or improvements made by Lessee to the Leased Premises, including but not limited to any mechanics’ or materialmen’s liens asserted in connection therewith. C. Lessee shall not be unreasonably withheld. In deemed to be the event that Landlord consents to agent or representative of Lessor in making any such additions, alterations, changes or improvements, then all additions, alterations, changes physical additions or improvements to the Leased Premises, and shall have no right, power or authority to encumber any interest in the Land in connection therewith other than Lessee’s leasehold estate under this Lease Agreement. However, should any mechanics’ or other liens be filed against any portion of the Land or any interest therein (other than Lessee’ s leasehold estate hereunder) by reason of Lessee’s acts or omissions or because of a claim against Lessee or its contractors, Lessee shall cause the same to be canceled or discharged of record by bond or otherwise within ten (10) days after written notice by Lessor. If Lessee shall fail to cancel or discharge said lien or liens, within said ten (10) day period, which failure shall be constructed at Tenant’s sole expense and shalldeemed to be a default hereunder, upon completion thereof, become the property of Landlord; provided, however, Landlord Lessor may, at its optionsole option and in addition to any other remedy of Lessor hereunder, require Tenantcancel or discharge the same and upon Lessor’s demand, Lessee shall promptly reimburse Lessor for all actual costs incurred in canceling or discharging such lien or liens. D. Lessee shall cause all alterations, physical additions, and improvements (including fixtures), constructed or installed in the Leased Premises by or on behalf of Lessee to comply with all applicable governmental codes, ordinances, rules, regulations and laws. Lessee acknowledges and agrees that neither Lessor’s review and approval of Lessee’ s plans and specifications nor its observation or supervision of the construction or installation thereof shall constitute any warranty or agreement by Lessor that same comply with such codes, ordinances, rules, regulations and laws. ▇. ▇▇▇▇▇▇ represents and warrants that the Building and Premises are in compliance with applicable governmental codes, ordinances, rules, regulations and laws to accommodate disabled employees and customers of Lessee, including, without limitation, compliance with the Americans with Disabilities Act (42 U.S.C. §§ 12101 et seq.) and the Texas Architectural Barriers Act (Tex.Rev.Civ.Stat. Art 9201) (collectively, the “Accommodation Laws”). Lessor shall be responsible for making all accommodations and alterations to the Common Areas of the Building necessary to comply with the Accommodation Laws. Lessor may perform, at TenantLessee’s sole cost and expense, any accommodations or alterations that are required by the Accommodation Laws to remove any such additions, alterations, changes area outside of the Leased Premises which are triggered by any alterations or improvements at the expiration or sooner termination of this Lease, and to repair any damages additions to the Leased Premises caused by such removal provided Landlord has informed Tenant or Lessee’ s use of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereof.

Appears in 1 contract

Sources: Lease Agreement (Kiromic Biopharma, Inc.)

Alterations. Section 8.1 Tenant shall not make additions, alterations, changes or improvements in or any alterations to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises without the prior first obtaining Landlord's written consent of Landlordthereto, which consent shall not be unreasonably withheld. In the event that Landlord consents to such additions, alterations, changes withheld or improvements, then all additions, alterations, changes or improvements shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlorddelayed; provided, however, that in the event any such proposed alteration would, in the reasonable judgment of Landlord, affect any structural components of the Building or any of the Building Systems, Landlord maymay withhold its consent to any such alteration in its sole discretion. Without in any way limiting Landlord's consent rights, at Landlord may withhold its optionconsent to any alteration until (a) Landlord is satisfied that the contractor proposed by Tenant to make such alterations, require and the insurance coverage to be provided by Contractor in connection with the work, are reasonably acceptable to Landlord, (b) Landlord approves final and complete plans and specifications for the work and (c) the appropriate governmental agency has approved the plans and specifications for such work. Upon Tenant's receipt of written consent from Landlord and any required consent of any mortgagee or lessor of Landlord and any such governmental agency, and upon Tenant's payment to Landlord of any fees charged by any mortgagee or lessor of Landlord for such review and consent, Tenant shall have the right to proceed with the construction of all approved alterations, but only so long as such alterations are made by a contractor reasonably acceptable to Landlord in strict compliance with plans and specifications to which Landlord has consented and with the provisions of this Article 8. All alterations shall be made at Tenant’s 's sole cost and expense, to remove any such additions, alterations, changes or improvements at the expiration or sooner termination of this Lease, and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased PremisesProject, Property the Building and Park the Premises and Landlord's interest therein free from all mechanics’ liens and other such any liens arising from any work performed, material materials furnished, or obligations incurred by Tenant by, or at the direction of Tenant in connection with the Leased Premiseson behalf of, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is dueTenant. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen that neither Landlord nor any mortgagee or suppliers that lessor of Landlord is not shall be liable for any labor or materials furnished to Tenant on credit except as furnished to Tenant by Landlord pursuant to this Lease. Within ten (10) business days after Tenant learns of the filing of any lien, Tenant shall notify Landlord of such lien and no mechanics’ shall either discharge and cancel such lien of record or post a bond sufficient under the laws of the State of Georgia to cause the lien to be canceled of record. If Tenant fails to so discharge or bond over such lien within twenty (20) days after the earlier of Tenant becoming aware of such lien or written demand from Landlord, Landlord shall have the right, at Landlord's option, to pay the full amount of such lien without inquiry into the validity thereof, and Landlord shall be promptly reimbursed by Tenant, as Additional Rent, for all amounts so paid by Landlord, including expenses, interest, and attorneys' fees. Section 8.2 All construction, alterations and repair work done by or for Tenant shall: (a) be performed in such a manner as to maintain harmonious labor relations; (b) not adversely affect any structural component of the Building or any of the Building Systems or the safety of the Project, the Building or the Premises; (c) comply with all building, safety, fire, plumbing, electrical, and other codes and governmental and insurance requirements, including, without limitation, ADA requirements; (d) not result in any usage in excess of building standard water, electricity, gas, or other liens shall attach utilities or heating, ventilating or air-conditioning (either during or after such work) unless prior written arrangements satisfactory to Landlord are made with respect thereto; (e) be completed promptly and in a good and workmanlike manner; and (f) not disturb Landlord or affect Landlord’s interest other tenants in the Leased Building. After completion of any alterations to the Premises, Property Tenant will deliver to Landlord a copy of "as built" plans and specifications depicting and describing such alterations. Section 8.3 Landlord hereby reserves the right and at all times shall have the right to repair, change, redecorate, alter, improve, modify, renovate, enclose or Park as a result thereofmake additions to ally part of the Project (including, without limitation, Common Areas and structural elements and load bearing elements within the Premises) and to enclose and/or change the arrangement and/or location of driveways or parking areas or landscaping or other Common Areas all without being held guilty of an actual or constructive eviction of Tenant or breach of the implied warranty of suitability or of any term of this Lease and without an abatement of Rent.

Appears in 1 contract

Sources: Lease Agreement (GBC Bancorp Inc)

Alterations. After completion of Tenant's Work, Tenant shall not make additions, alterations, changes any alterations or improvements in or additions to the Premises or make any structural components changes to locks on doors or add to, disturb or in any way change any of the wiring, HVAC or plumbing in the Premises or the exterior of Building, without first obtaining the Leased Premises or which reduce the value of the Leased Premises without the prior written consent of Landlord, Landlord which consent shall not be unreasonably withheld, delayed or conditioned. In the event that Landlord consents to All such additions, alterations, changes additions and improvements shall be performed by contractors or improvements, then all additions, mechanics approved by Landlord which consent shall not be unreasonably withheld or delayed. All work with respect to any such alterations, changes additions or improvements shall be constructed performed in a good and workmanlike manner, shall be of a quality equal to or exceeding the then existing construction standards for the 37 <PAGE> Building and must be of a type, and the floors and ceilings must be finished in a manner, customary for general office use and other uses common to similar office buildings in the vicinity. Such alterations shall be diligently prosecuted to completion to the end that the Premises shall be at all times a complete unit except during the period necessarily required for such work. All such alterations, additions and improvements shall be made strictly in accordance with all laws, regulations and ordinances relating thereto, and no interior improvements installed by Landlord in the Premises (including Tenant’s sole expense 's Work) may be removed unless the same are promptly replaced with interior improvements of the same or better quality. Landlord hereby reserves the right to require any contractor or mechanic working the Premises to provide lien waivers and liability insurance covering such alterations, additions or improvements to the Premises. Except as provided below, Tenant shall pay, when due, all claims for labor or materials furnished to or for Tenant at or for use in the Premises, and Tenant shall not permit any mechanic's or materialmen's liens to be recorded against the Premises or the Property for any labor or material furnished to Tenant or Tenant's agents or contractors in connection with work of any character performed on the Premises by or at the direction of Tenant. Tenant shall not be required to pay or otherwise satisfy such claims or discharge such liens so long as it shall, in good faith, at its own expense, contest the same or the validity thereof by appropriate proceedings, provided that Tenant shall, at its cost, post a bond to remove the lien from the Premises or the Property within twenty (20) days if such dispute can not be resolved within the said time period. Tenant shall give Landlord ten (10) days' prior written notice of the commencement of any alterations, additions or improvements and agrees to allow Landlord and Landlord's Lender (defined below) to enter the Premises and post appropriate notices to avoid liability to contractors or material suppliers for payment for such alterations, additions or 38 <PAGE> improvements. All alterations, additions or improvements, except special equipment specific to Tenant's use, shall remain in and be surrendered with the Premises as a part thereof at the expiration or earlier termination of this Lease, without disturbance, molestation or injury, provided that Landlord may, together with the written notice consenting to the construction of any such alterations, additions or improvements, notify Tenant that such alterations, additions or improvements be removed upon completion thereofthe expiration or earlier termination of this Lease. In such event, become all expenses to remove such alterations, additions or improvement and to restore said space to normal building standards shall be borne by Tenant. Notwithstanding the foregoing, upon the expiration or termination of this Lease, Tenant shall remove from the Premises all identifying insignia which are characteristic of Tenant's business, and Tenant shall repair any damage to the Premises or the Building caused by the removal of the same. Notwithstanding anything contained herein to the contrary, Tenant may, upon prior written notice to Landlord, make any nonstructural interior alterations or additions that do not adversely affect the value of the Premises, the structural integrity of the Building or any Building system, without Landlord's consent. All articles of personal property and all business and trade fixtures, machinery and equipment, furniture and movable partitions owned by Tenant or installed by Tenant at its expense in the Premises shall be and remain the property of Landlord; provided, howeverTenant and shall be removed by Tenant at any time during the Lease Term when Tenant is not in default hereunder. If Tenant shall fail to remove all of such property from the Premises at the expiration of the Term hereof or within ten (10) business days after any earlier termination of this Lease for any cause whatsoever, Landlord may, at its option, require Tenantremove the same in any manner that Landlord shall choose, and store such property without liability to Tenant for loss thereof. In such event, 39 <PAGE> Tenant agrees to pay Landlord upon demand any and ail expenses incurred in such removal, including court costs and attorneys' fees and storage charges on such property for any length of time that the same shall be in Landlord's possession. Landlord may, at Tenant’s sole cost its option, without notice, sell said property or any of the same, at private sale and expensewithout legal process, for such price as Landlord may obtain and apply the proceeds of such sale to remove any such additions, alterations, changes or improvements at the expiration or sooner termination of amounts due under this Lease, Lease from Tenant to Landlord and to repair any damages the expense incident to the Leased Premises caused by such removal provided Landlord has informed Tenant and sale of such requirement at the time of Landlord’s approvalsaid property. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereof12.

Appears in 1 contract

Sources: Lease

Alterations. Tenant shall not make any improvements or alterations in or additions, alterations, changes or improvements installations to the Premises (collectively, "Alterations") without submitting plans and specifications therefor to Landlord, and obtaining Landlord's prior written consent in each instance, which Landlord shall not unreasonably withhold or delay. Notwithstanding the foregoing, however, no Alterations shall be permitted to the outside dimensions of the Premises or the Building, existing bearing walls and columns, exterior walls, roof, structural ceiling or foundations, nor shall Tenant install any structural components electrical equipment that would overload the lines in the Premises or interfere with the electrical usage of other tenants, or install any Alterations visible from the exterior of the Leased Premises Building, unless approved in writing by Landlord in Landlord's sole discretion. All Work shall be performed (a) at the sole cost and expense of Tenant by employees of contractors employed by Landlord, or which reduce the value with Landlord's written consent given prior to letting of the Leased Premises without the prior contract, by contractors employed by Tenant under a written consent of contract previously approved in writing by Landlord, which consent and (b) on such terms and under such conditions as Landlord, in its reasonable discretion, shall not be unreasonably withheld. In determine as will protect the event that Premises and the Building from improper contractors' work and against the imposition of any lien resulting from Alterations; without limiting the foregoing, if Landlord consents to any Alterations, such additionsAlterations shall be performed subject to the following requirements: (1) If the Alterations are to be done by Tenant's contractors, alterationsTenant shall furnish to Landlord, changes prior to commencement thereof, building permits and certificates of appropriate insurance and bonds satisfactory in all respects to Landlord. Tenant shall also furnish to Landlord, if Landlord so requests, security for the payment of all costs to be incurred in connection with the Alterations. (2) If required by Landlord, Tenant shall secure at Tenant's own cost and expense a completion and lien indemnity bond satisfactory to Landlord for any Alterations. Upon completion of any Alterations, Tenant shall furnish Landlord with contractors' affidavits and full and final waivers of lien, each conforming to the applicable Pennsylvania statutory requirements, as-built plans of any Alterations and receipted bills covering all labor and materials expended and used. Insofar as applicable to the work or improvementsmaterial for which payment is requested or notice or lien claim is made, then Landlord in its sole discretion shall make available for partial or final payment or release thereof such funds as may have been deposited with it by Tenant for the estimated cost of such work. (3) Any Alterations permitted to be undertaken by Tenant's contractors shall be performed in such a fashion and by such means as necessary to maintain peace and harmony among the other contractors serving the Project and the other tenants and so as not to cause interference with the continuance of work to be performed and services to be rendered to the Project or the other tenants. (4) All Alterations shall comply with all additionsinsurance requirements and with all applicable laws, alterations, changes or improvements ordinances and regulations. All Alterations shall be constructed at in a good and workmanlike manner, and only good grades of material shall be used with a quality equal to or better than that used in the Building. (5) Tenant shall permit Landlord to supervise all Alterations within the Premises. Landlord shall charge a supervisory fee not to exceed (a) fifteen percent (15%) of the total cost of the Alterations, including, without limitation, all labor and material costs, if Landlord's employees or contractors perform the Alterations, and (b) ten percent (10~o) of the total cost of the Alterations, including, without limitation, all labor and material costs, if Tenant’s sole expense 's employees or contractors perform the Alterations. (6) By approving any request for Alterations submitted by Tenant, Landlord does not (i) expressly or implicitly covenant or warrant that any plans or specifications are accurate, safe or sufficient or that the same comply with any applicable laws, ordinances, building codes, or the like, or (ii) consent to the imposition of any lien on the Premises or the Building for any work performed or materials delivered in connection with any such Alterations. Tenant shall be solely responsible for compliance with applicable laws, ordinances, building codes, and/or the like, and shallfor obtaining all necessary permits and governmental approvals and for construction of said improvements in compliance with same. Further, upon completion thereofTenant shall indemnify, defend and hold harmless Landlord and the Premises from any loss, cost or expense, including reasonable legal fees, incurred by Landlord as a result of any defects in design, materials or workmanship resulting from such Alterations. (7) All Alterations shall become the property of Landlord; provided, howeverunless Landlord directs that such Alterations be removed by Tenant at the expiration or earlier termination of this Lease (which direction, Landlord mayas to Alterations for which Tenant has obtained Landlord's consent as provided herein, shall be made by Landlord, if at all, at its optionthe time Landlord grants such consent). In such case, require Tenant, at Tenant’s 's sole expense, shall remove the Alterations and repair all damage resulting from such removal and shall restore the affected areas to a condition reasonably compatible with the remainder of the Premises as reasonably determined by Landlord, or, at Landlord's option, shall pay to Landlord all costs arising from such removal and restoration. If Tenant desires telegraphic, telephonic, burglar alarm, computer installations or signal service beyond that which is to be provided, if any, as part of the Tenant Improvements (all of which shall be at Tenant's sole cost and expense), to remove Landlord shall, upon request, direct where and how all connections and wiring for such service shall be introduced and run. In the absence of any such additionsdirections, alterationsTenant shall make no borings, changes cutting or improvements at install any wires or cable in or about the expiration or sooner termination of this Lease, and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased Premises, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereof.

Appears in 1 contract

Sources: Lease Agreement (Bionx Implants Inc)

Alterations. 15.1 Tenant shall not make or allow to be made any alterations, physical additions, alterations, changes or improvements in or to the Leased Premises (collectively, "ALTERATIONS") without first obtaining Landlord's written consent in each instance, which consent may be given or withheld in Landlord's sole discretion. At the time of said request, Tenant shall submit to Landlord plans and specifications of the proposed Alterations. Landlord shall have a period of not less than sixty days therefrom in which to review and approve or disapprove said plans. Tenant shall pay upon demand the reasonable costs of Landlord's review of such plans and specifications, not to exceed One Thousand Dollars ($1,000.00). The contractor or person selected by Tenant to make such Alterations must be approved in writing by Landlord prior to commencement of any structural components work. Such contractor or person shall carry insurance in forms and amounts reasonably satisfactory to Landlord and shall at all times be subject to Landlord's rules and regulations while in the exterior Building. All Alterations shall be performed in full compliance with plans and specifications approved by Landlord, all applicable Laws and the requirements of the Board of Underwriters, Fire Rating Bureau or similar body. All Alterations shall be performed at Tenant's sole cost and expense (including reasonable costs for Landlord's supervision, not to exceed 5% of the project's cost), at such time and in such manner as Landlord may designate, and shall be promptly completed in a good and workmanlike manner. Tenant shall reimburse Landlord's review and supervision costs within thirty days after receipt of Landlord's invoice(s) therefor. Landlord's approval of the plans, specifications and working drawings for Tenant's Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all applicable Laws. 15.2 Tenant shall give to Landlord at least fifteen business days' prior written notice of commencement of construction of any Alterations. Landlord shall have the right to require that (a) any contractor hired by .Tenant shall, prior to commencing work in the Leased Premises, provide Landlord with a performance bond and labor and materials payment bond in the amount of the contract price for the work, naming Landlord and Tenant (and any other persons designated by Landlord) as co-obligees, and that (b) any such contractor employ such labor as necessary to avoid any delay in or interruption to the progress of work under in the Leased Premises or which reduce elsewhere in the value Building due to union picket lines. Tenant's contractors shall not use any portion of the Leased Premises without common areas of the prior Building for performance of the work unless the written consent of Landlord, which Landlord is first obtained. The granting or withholding of such consent shall not be unreasonably withheld. In at Landlord's sole discretion. 15.3 All Alterations, whether made by Tenant or Landlord or at either's expense, including, without limitation, all Tenant Improvement Work and all carpeting and fixtures of any kind, shall become a part of the event that Landlord consents to such additionsBuilding immediately upon installation in the Leased Premises, alterations, changes or improvements, then all additions, alterations, changes or improvements and shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become remain the property of Landlord; provided, howeverexcept for trade fixtures, Landlord mayoffice supplies and moveable furniture and furnishings placed on the Premises by Tenant that are removable without damage to the Building or the Leased Premises, at its optionwhich shall be subject to Section 16. Notwithstanding any other provisions of this Lease, require Tenant, at Tenant’s sole cost and expense, upon Landlord's written request made within thirty days prior to remove any such additions, alterations, changes or improvements at the expiration or sooner termination of this Lease, Tenant at Tenant's sole cost and expense shall promptly remove any Alterations or Tenant Improvement Work, designated by Landlord to be removed and repair any damages damage to the Leased Premises caused by Promises or the Building resulting from such removal provided Landlord has informed removal. 15.4 Tenant shall be responsible for the entire cost of such requirement at the time Alterations and Tenant Improvement Work (subject to Landlord's obligation to fund the Tenant Improvement Allowance), including any cost or expense of Landlord’s approval. Tenant hereby agrees , relating to indemnify and defend Landlord against, and shall keep the interior of the Leased Premises, Property on account of the need to comply with the ADA (as defined in Section 34) or other Laws. Under no circumstances shall Landlord be responsible to Tenant or any third party for determining whether the Alterations comply with all applicable Laws, including the ADA, regardless of whether Tenant must obtain Landlord's approval of the Alterations or the plans and Park free from all mechanics’ liens and other such liens arising from specifications therefor as a condition to making them. 15.5 Should any work performedconstruction, material furnishedalteration, addition, improvements or obligations incurred decoration of the Leased Premises by Tenant or at interfere with harmonious labor relations in the direction of Tenant in connection with the Leased PremisesBuilding, and agrees to obtain the discharge of any lien which attaches as a result of all such work shall be halted immediately after by Tenant until such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park time as a result thereofconstruction can proceed without such interference.

Appears in 1 contract

Sources: Office Lease (Digital Island Inc)

Alterations. After construction of the Building by Landlord and completion of fixtures and interior improvements by Tenant, Tenant shall not make alterations in or additions to the Building unless Tenant has obtained Landlord's written permission to do so, and subject to Tenant's not being in default hereunder and subject to furnishing Landlord with acceptable plans and specifications, 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 claims, costs, liabilities, and expenses which may arise in connection with said alterations or additions. As a further condition to Landlord's consent to said alterations or additions, alterationsTenant shall advise all subcontractors, changes or improvements in or to any structural components or the exterior of the Leased Premises or which reduce the value of the Leased Premises without the prior written consent of Landlordsuppliers, which consent materialmen, and laborers that they shall not be unreasonably withheldhave the right to file a Mechanic's Lien against the Building and property owned by the Landlord. In Whether the event that Tenant furnished the Landlord consents to such additionsthe foregoing or not, alterations, changes or improvements, then all additions, alterations, changes or improvements shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the property of Landlord; provided, however, Landlord may, at its option, require Tenant, at Tenant’s sole cost and expense, to remove any such additions, alterations, changes or improvements at the expiration or sooner termination of this Lease, and to repair any damages to the Leased Premises caused by such removal provided Landlord has informed Tenant of such requirement at the time of Landlord’s approval. Tenant hereby agrees to indemnify and defend hold the Landlord against, and shall keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising harmless from any and all liabilities of every kind and description which may arise out of or be conducted in any way with said alterations or additions. Before commencing any work performed, material furnished, or obligations incurred by Tenant or at the direction of Tenant in connection with alterations or additions, the Leased PremisesTenant, if requested by Landlord, shall furnish the Landlord with certificates of insurance from all contractors performing labor or furnishing materials insuring the Landlord against any and all liabilities which may arise out of or be connected in any way with said additions or alterations. The Tenant shall pay the cost of all such alterations and additions and also the cost of decorating the Premises occasioned by such alterations and additions. Upon completing any alterations or 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 agrees other governmental units or departments and agencies thereof. All alterations and additions shall be constructed in a good and workmanlike manner and only good grades of materials shall be used. All additions, excepting removable fixtures other than light fixtures, shall become the 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 obtain the discharge Tenant. If the Tenant 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 end of the term, however ended, which the Tenant does not have the right to remove if it is in default hereunder, then Tenant shall conclusively presumed to have conveyed the same to the Landlord under this Lease as a bill ▇▇ sale without further payment or credit by Landlord to the Tenant. All structural changes made by Tenant shall be restored to their original condition at the Tenant's expense if Landlord so requests. Tenant's violation of any lien which attaches as of the terms and conditions of this numbered paragraph 13 shall constitute a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereofdefault hereunder.

Appears in 1 contract

Sources: Lease Agreement (Urosurge Inc)

Alterations. (a) Tenant shall not make additionsno alterations or changes, alterationsstructural or otherwise, changes or improvements in or to any structural components or the exterior part of the Leased Premises Premises, either exterior or which reduce interior, without Landlord's written consent. In the value event of any such approved changes, Tenant shall have all work done at its own expense. Request for such consent shall be accompanied by plans stating in detail precisely what is to be done. Notwithstanding the foregoing to the contrary, Tenant may make non-structural, cosmetic alterations to the interior of the Leased Premises without the prior with Landlord's written consent of Landlord, which consent shall not be unreasonably withheld. In Tenant shall comply with the event that Landlord consents 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, alterationsimprovements (made after the initial improvements to the Premises), changes or improvementsalterations and/or installations made by Tenant (except only office furniture, then all additionsbusiness equipment and trade fixtures including, alterationsbut not limited to, changes or improvements 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 constructed at and remain Landlord's property upon the termination of Tenant’s sole expense and shall, upon completion thereof, become the property 's occupancy of Landlordsaid Premises; provided, however, Landlord mayshall notify Tenant, at its optionthe 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 's sole cost and expense, ordinary wear and tear and damage due to remove casualty not required to be repaired by Tenant excepted. Tenant shall save Landlord harmless from and against all expenses, liens, claims or damages to either property or person which may or might arise by reason of the making of any such additions, alterationsimprovements, changes alterations and/or installations. Landlord reserves the right, subject to Articles 22 and 52, to change, increase or improvements at reduce, from time to time, the expiration number, composition, dimensions or sooner termination 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 LeaseLease is solely for the purpose of ascertaining whether Tenant's proposed alterations will have an adverse impact on the structural components or Common Facilities of the Building and to insure the aesthetic and architectural harmony of the Tenant's proposed alterations with the remainder of the Building. No approval of plans by Landlord shall be deemed to be a representation or warranty by Landlord that such plans or the work provided for therein will comply with applicable codes, laws or regulations or be in conformance with any insurance or other requirements which affect the Premises or the Building, and to repair any damages to Tenant shall have the Leased Premises caused by sole responsibility of complying with all such removal provided Landlord has informed Tenant requirements notwithstanding Landlord's approval of such requirement at the time of Landlord’s approvalTenant's plans. (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. Tenant hereby agrees to indemnify and defend Landlord againstWHENEVER AND AS OFTEN AS ANY LIEN ARISING OUT OF OR IN CONNECTION WITH ANY WORK PERFORMED, and shall keep the Leased PremisesMATERIALS FURNISHED OR OBLIGATIONS INCURRED BY OR ON BEHALF OF TENANT SHALL HAVE BEEN FILED AGAINST THE PREMISES OR THE BUILDING, Property and Park free from all mechanics’ liens and other such liens arising from any work performedOR IF ANY CONDITIONAL ▇▇▇▇ OF SALE SHALL HAVE BEEN FILED FOR OR AFFECTING ANY MATERIALS, material furnishedMACHINERY OR FIXTURES USED IN THE CONSTRUCTION, or obligations incurred by Tenant or at the direction of Tenant in connection with the Leased PremisesAV-BTRL6.LSE MVD-5/6/97 REPAIR OR OPERATION THEREOF, and agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractorsOR ANNEXED THERETO BY TENANT, subcontractorsTENANT SHALL FORTHWITH TAKE SUCH ACTION BY BONDING, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises, Property or Park as a result thereofDEPOSIT OR PAYMENT AS WILL REMOVE OR SATISFY THE LIEN OR CONDITIONAL ▇▇▇▇ OF SALE WITHIN TEN (10) DAYS OF LANDLORD'S WRITTEN REQUEST THEREFOR.

Appears in 1 contract

Sources: Office Lease (Boston Biomedica Inc)