Common use of Alterations Clause in Contracts

Alterations. Tenant shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 5 contracts

Samples: Lease (ConversionPoint Holdings, Inc.), Lease (ConversionPoint Holdings, Inc.), Lease (ConversionPoint Holdings, Inc.)

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Alterations. Absent Landlord’s written consent, Tenant shall may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, additions, decorations, or installations and improvements (collectively referred to as the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that and which are done by contractors and sub-contractors approved by Landlord in its discretion may deem reasonable every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or desirableother 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 use Landlordcarry and cause to be carried by each contractor and sub-contractor, workmen’s designated mechanical compensation, general liability, personal and electrical contractorsproperty damage insurance, obtain all required permits 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 Alterations and Office, Tenant shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable pay or cause to Landlord. Landlord shall be entitled to paid or file a supervision fee bond in the amount stated in the mechanic’s lien within thirty (30) days of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review said filing at Tenant’s architectural planssole cost and expense. Any installation of materials, fixtures and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, like shall become the property of LandlordLandlord upon such installation and shall remain in the Office upon Xxxxxx’s surrender of same. Such Alterations shall be surrendered with However, Landlord may relinquish such right of ownership to the Premises at the end of the Term, except that Landlord may, installations by giving Tenant thirty (30) days written notice to Tenant given at least 30 days prior to the Expiration 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, require 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 remove by which Xxxxxxxx’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Expiration Office to that condition existing on the Commencement Date, or sooner termination date . Any and all property of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or by Landlord may remove such abandoned property at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.expense

Appears in 4 contracts

Samples: Office Lease, Office Lease, Office Lease

Alterations. 3. Tenant shall make no alterations, additions, decorations, changes in or improvements (collectively referred to as “Alterations”) demised premises of any nature without Owner's prior written consent. Subject to the Premises without the prior written consent of Landlord. Landlord Owner and to the provisions of this articles, Tenant at Tenant's expense, may imposemake alterations, as a condition installations, additions or improvement which are nonstructural and which do not affect utility services or plumbing and electrical lines, in or to its consent, any requirements that Landlord in its discretion may deem reasonable the interior of demised premises by using contractors or desirablemechanics first approved by Owner. Tenant shall use Landlord’s designated mechanical and electrical contractorsshall, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable lawsbefore making any alterations, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plansinstallations, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shalladditions or improvement, at its expense, furnish Landlord with asobtain all permits, approvals and certificates required by any governmental or quasi-built drawings governmental bodies and CAD disks compatible with Landlord’s systems(upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such xxxxxxx'x compensation, general liability, personal and property damage insurance as Owner may require. Unless Landlord otherwise agrees in writingIf any mechanic's lien is filed against the demised premises, all Alterations affixed or the building of which the same forms a part, for work claimed to the Premiseshave done for, including without limitation all Tenant Improvements constructed or materials furnished to, Tenant, whether or not done pursuant to this article, the Work Letter (except as otherwise provided same shall be discharged by Tenant within ten days thereafter, at Tenant's expense, bu filling the bond required by law. All fixtures and all paneling, partitions, railing and installations, installed in the Work Letter)premises at any times, but excluding moveable trade fixtures and furnitureeither by Tenant or by Owner in Tenant's behalf, shall shall, upon installations, become the property of Landlord. Such Alterations Owner and shall remain upon and be surrendered with the Premises demised premises unless Owner, by notice to Tenant no later then twenty days prior to the date fixed as the termination of this lease, elects to relinquish Owner's rights thereto and to have them removed by Tenant, in which event, the same shall be removed from the premises by Tenant prior to the expirations of the lease, at Tenant's expense. Nothing in this article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveables office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be requires by Owner. Tenant shall immediately and at its expense, repair and restore the premises to the condition existing prior ro installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the end of the Term, except that Landlord term remaining in the premises after Tenant's removal shall be deemed abandoned and may, at the election of Owner, either be retained as Owner's property or may be removed from the premises by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord Owner at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted's expense.

Appears in 4 contracts

Samples: Learners World Inc, Learners World Inc, Learners World Inc

Alterations. Except as provided in the immediately preceding subparagraph, and except for non-structural and non-Building system alterations not in excess of Seventy-Five Thousand Dollars ($75,000) in any Lease Year, Tenant shall make no alterations, additions, decorations, alterations or improvements additions to the Premises (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord , which consent may imposebe withheld in Landlord’s reasonable discretion, as a condition to its consent, any requirements that and then only by contractors or mechanics approved by Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical writing and electrical contractors, obtain all required permits for upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, to be prepared and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed submitted by Tenant, at its sole cost and expense. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its sole cost and expense, furnish obtain all necessary approvals and permits pertaining to any Alterations approved by Landlord. If Landlord, in approving any Alterations, specifies a reasonable commencement date therefor, Tenant shall not commence any work with respect to such Alterations prior to such date. Tenant hereby indemnifies, defends and agrees to hold Landlord with as-built drawings free and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writingharmless from all liens and claims of lien, and all Alterations affixed other liability, claims and demands arising out of any work done or material supplied to the PremisesPremises by or at the request of Tenant in connection with any Alterations. If permitted Alterations are made, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures they shall be made at Tenant’s sole cost and furniture, expense and shall be and become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by provided notice is given to Tenant given at least 30 days prior to the Expiration Datetime Landlord approves such Alteration, require Tenant to remove by the Expiration DateTenant, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectivelyexpense, the “Required Removables”). In connection with its removal of Required Removablesto remove all partitions, Tenant shall counters, railings and other Alterations installed by Tenant, and to repair any damage damages to the Premises caused by such removal upon the expiration or earlier termination of the Term. If Landlord’s approval is not required in connection with an Alteration, Landlord may require removal of such Alteration, as aforesaid, at any time within thirty (30) days after Tenant’s written request for a determination by Landlord as to whether such Alteration shall be removed upon the expiration or earlier termination of the Term. Any and all costs attributable to or related to the applicable building codes of the city in which the Building is located (or any other authority having jurisdiction over the Building) arising from that removal Tenant’s plans, specifications, improvements, alterations or otherwise shall be paid by Tenant at its sole cost and expense. With regard to repairs, Alterations or any other work arising from or related to this Article 5, Landlord shall restore be entitled to receive an administrative fee of two percent (2%). The construction of initial improvements to the affected area to its pre-existing conditionPremises shall be governed by the terms of the Tenant work letter, reasonable wear attached hereto as Exhibit C, and tear exceptednot the terms of this Article 5.

Appears in 4 contracts

Samples: Lease (Editas Medicine, Inc.), Lease (Editas Medicine, Inc.), Lease (Editas Medicine, Inc.)

Alterations. Except as may be otherwise provided in this Lease as to initial Tenant improvements in accordance with Exhibit 4. Tenant shall make no alterationsnot, additionswithout Landlord's prior written consent, decorationspermit any alteration, improvement, addition or improvements installation in or to the Premises (all of which is collectively referred to as “Alterations”) "Work"), including installation of telephone, computer or internal sound or paging systems or other similar systems, or the performance of any decorating, painting and other similar work in the Premises. In the event Landlord consents to any Work, Landlord reserves the Premises without the prior written consent of right to cause such Work to be performed by contractors and subcontractors designated by Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits pay the cost of preparation of the plans for the Alterations Work, all permit fees and the fees of said contractors and subcontractors. Except with respect to Work performed by Landlord's designated contractor as general contractor, Tenant shall perform pay to Landlord's then applicable construction supervision fee. Before commencement of any Work or delivery of any materials into the work in compliance with all applicable lawsPremises or the Building, regulations Tenant shall furnish to Landlord, for its prior written approval, which approval shall not be unreasonably withheld or delayed, architectural plans and ordinances with contractors specifications certified by a licensed architect or engineer reasonably acceptable to Landlord, and such other documentation as Landlord shall reasonably request. Tenant agrees to hold Landlord, its beneficiaries and their respective agents, partners, officers, servants and employees forever harmless against all claims and liabilities of every kind, nature and description which may arise out of or in any way be connected with any such Work, except to the extent caused by Landlord's gross negligence. At the request of Landlord, Tenant will deliver a written indemnity against claims or damages to tenants or occupants of any other premises affected by such Work. Tenant shall pay Landlord's reasonable costs of reviewing plans and materials submitted to Landlord for approval. Tenant shall pay the cost of all such Work and the cost of decorating and altering the Premises and the Building occasioned by any such Work. Landlord shall have the right to require Tenant to deliver to Landlord cash or other security in an amount and form acceptable to Landlord be entitled held in escrow by Landlord to a supervision fee in the amount of 5% of assure prompt payment for the cost of the Alterationsany such Work and to require Tenant's contractors to evidence workxxx'x xxxpensation, general liability and other insurance coverage, as reasonably required by Landlord. Landlord may elect All alterations, improvements, additions and installations to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided or in the Work Letter), but excluding moveable trade fixtures and furniture, Premises shall become the property part of Landlord. Such Alterations shall be surrendered with the Premises at the end time of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedinstallation.

Appears in 4 contracts

Samples: Office Lease (Pegasus Systems Inc), Office Lease (Pegasus Systems Inc), Office Lease (Pegasus Systems Inc)

Alterations. Except for the Tenant shall Improvements, Tenant will not make no any alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”) to the Premises (including, but not limited to, roof and wall penetrations without the prior written consent of Landlord (not to be unreasonably withheld, or delayed). Tenant may, without the consent of Landlord. Landlord may impose, but at its own cost and expense and in a good workmanlike manner, erect such shelves, bins, machinery, movable lab benches, equipment, trade fixtures (defined as a condition to its consent, any requirements that Landlord fixtures used by Tenant in its discretion specific business and not paid for by Landlord) and other non-structural interior improvements as it may deem reasonable advisable, without altering the basic character or desirablestructure of the Premises or improvements and without overloading or damaging the Premises or Building, and in each case complying with all Applicable Laws. Tenant shall use will not make any alterations, additions or improvements to the Premises which will contravene Landlord’s designated mechanical and electrical contractorspolicies insuring against loss or damage by fire or other hazards, obtain all required permits for the Alterations and shall perform the work including but not limited to commercial general liability, or which will prevent Landlord from securing such policies in compliance with all applicable laws, regulations and ordinances with contractors companies reasonably acceptable to Landlord. If any such alterations, additions or improvements cause the rate of fire or other insurance on the Premises by companies acceptable to Landlord shall to be entitled increased beyond the minimum rate from time to a supervision fee in time applicable to the Premises for permitted uses thereof (as reasonably documented by Landlord), Tenant will pay as Additional Rent the amount of any such increase promptly upon demand by Landlord. Within thirty (30) days receipt of reasonable documentation from Landlord following the completion of any alteration, addition, or improvement at the Premises by Tenant that requires the prior consent of Landlord, Landlord will be reimbursed for any reasonable outside consultant or design professional costs actually incurred by Landlord to review any plans or supervise construction work (not to exceed the lesser of $1,500.00 or 5% of Tenant’s “hard” construction costs). No such reimbursement will be required for any alteration, addition or improvement that does not require the cost consent of Landlord. Any and all alterations, additions, improvements, partitions and fixtures erected by Tenant will be the property of Landlord and will remain at the Premises upon termination of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan Lease or upon earlier vacating of the Premises. All shelves, then bins, machinery, trade fixtures, and other interior non-structural improvements installed by Tenant shall, at its expense, furnish Landlord with as-built drawings will remain the personal property of Tenant and CAD disks compatible with Landlord’s systemsmay be removed by Tenant prior to the termination of this Lease provided such removal may be accomplished without damage to the Premises or Building that cannot be repaired by Tenant as set forth in this subparagraph. Unless Landlord otherwise agrees in writing, all Alterations affixed Prior to vacating the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall will repair any damage to the Premises or Building as a result of any alteration, addition, improvement, or repair to the Premises, or the removal of personal property or trade fixtures by Tenant, or any Tenant Party. Should Tenant fail to conduct any such repair within ten (10) days of written notice from Landlord, Landlord may, at its option, perform same, and Tenant will remit payment to Landlord for the actual cost and expense incurred by Landlord in effecting such repair promptly upon demand. Tenant will have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs, and each such claim will affect and each such lien will attach to, if at all, only the leasehold interest granted to Tenant by this instrument. Tenant covenants and agrees that it will pay or cause to be paid all sums legally due and payable by it on account of any labor performed or materials furnished in connection with any work performed on the Premises at the request of Tenant on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that it will save and hold Landlord harmless from any and all loss, cost or expense based on or arising from that removal out of asserted claims or liens against the leasehold estate or against the right, title and shall restore interest of Landlord in the affected area to its pre-existing condition, reasonable wear and tear exceptedPremises or under the terms of this Lease.

Appears in 3 contracts

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

Alterations. Absent Landlord’s written consent, Tenant shall may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, additions, decorations, or installations and improvements (collectively referred to as the “Alterations”) to the Office provided they are non-structural in nature, which do not effect the Services, utilities or other operations or services of the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that and which are done by contractors and sub-contractors approved by Landlord in its discretion may deem reasonable every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or desirableother 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 use Landlordcarry and cause to be carried by each contractor and sub-contractor, workmen’s designated mechanical compensation, general liability, personal and electrical contractorsproperty damage insurance, obtain all required permits 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 Alterations and Office, Tenant shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable pay or cause to Landlord. Landlord shall be entitled to paid or file a supervision fee bond in the amount stated in the mechanic’s lien within thirty (30) days of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review said filing at Tenant’s architectural planssole cost and expense. Any installation of materials, fixtures and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, like shall become the property of LandlordLandlord upon such installation and shall remain in the Office upon Xxxxxx’s surrender of same. Such Alterations shall be surrendered with However, Landlord may relinquish such right of ownership to the Premises at the end of the Term, except that Landlord may, installations by giving Tenant thirty (30) days written notice to Tenant given at least 30 days prior to the Expiration 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, require 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 remove by which Xxxxxxxx’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Expiration Office to that condition existing on the Commencement Date, or sooner termination date . Any and all property of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or by Landlord may remove such abandoned property at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.expense

Appears in 3 contracts

Samples: Office Lease, Office Lease, Office Lease

Alterations. Tenant shall make no alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord's consent shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord’s 's designated mechanical and electrical contractors, contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the Alterations work and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5% %) of the cost of the Alterationswork. Landlord may elect to cause its architect to review Tenant’s architectural plans, and Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the reasonable cost of that review Premises. Any request for Landlord's consent shall be reimbursed by Tenant. Should made in writing and shall contain architectural plans describing the Alterations proposed by Tenant and consented work in detail reasonably satisfactory to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations alterations, additions or improvements affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter Premises (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, ) shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior the time of Landlord's consent to the Expiration Datealteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone alterations, decorations, fixtures, additions, improvements and data cabling) the like installed either by Tenant or by Landlord at Tenant’s 's request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall and to repair any damage to the Premises arising from that removal removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall restore the affected area be entitled to its pre-existing condition, reasonable wear and tear exceptedprompt reimbursement from Tenant for all costs incurred.

Appears in 3 contracts

Samples: Office Space Lease (Pharmaprint Inc), Assignment of Lease (Imperial Credit Commercial Holdings Inc), Myers Steven & Associates Inc

Alterations. Tenant shall make no alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord’s consent shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, and utilize only building standard materials. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord’s designated mechanical and electrical contractorscontractors for all work affecting the mechanical or electrical systems of the Building. Should Tenant perform any work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to Landlord. Tenant shall obtain all required permits for the Alterations work and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5% %) of the cost of the Alterationswork. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. In no event shall Tenant prosecute any alteration work that results in picketing or labor demonstrations in or about the Building or Project. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations work proposed by Tenant and consented to by Landlord change modify the floor plan internal configuration of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations alterations, additions or improvements affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter Premises (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, ) shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior the time of Landlord’s consent to the Expiration Datealteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone alterations, decorations, fixtures, additions, improvements and data cabling) the like installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”)request. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt payment from Tenant of the cost thereof, inclusive of the standard coordination fee of Landlord’s management agent.

Appears in 3 contracts

Samples: Office Space Lease (United Business Holdings, Inc), Office Space Lease (Infosonics Corp), Office Space Lease (United Business Holdings, Inc)

Alterations. Tenant shall not make no any alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord Tenant, at its own cost and expense, may imposeerect such shelves, bins, machinery and trade fixtures as a condition it desires provided that (a) such items do not overload or damage the same; (b) such items may be removed without injury to its consentthe Premises; and (c) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord's specifications and requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease. All shelves, bins, machinery and trade fixtures installed by Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original condition. Unless otherwise agreed in advance, any requirements that Landlord Tenant improvements to the Premises will become part of the Premises upon installation and will remain in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical place at the expiration of the Term upon receipt of verification of good and electrical contractors, obtain workmanlike completion of all required permits for the Alterations and shall perform the such work in compliance with Landlord’s approvals and all applicable lawslegal requirements, regulations receipt of final lien waivers and ordinances with contractors reasonably acceptable to bills paid affidavits from all contractors, and expiration of all applicable lien periods without the filing of any claim for mechanic’s or materialman’s lien. All improvements shall have the prior written approval of Landlord, and shall be performed by a reputable construction company approved in writing by Landlord, and who shall carry such insurance and meet such other requirements as Landlord shall specify. All invoices for improvements shall be available for inspection by Landlord. If any improvement work by Tenant (or its contractors) is work that will be covered up by the finish work involved in the particular project (i.e., electrical wiring or plumbing to be covered by finished walls, etc.), that will not be readily subject to inspection upon completion of the finish work, then before the finish work is added Tenant must (i) have all inspections required by the City, County or other agency with jurisdiction performed without violation noted, (ii) obtain inspection of such to-be-covered work by an independent third-party architect who shall document such inspection, and (iii) before performing the finish work that will cover such other work, notify Landlord in writing at least three (3) business days before commencement of the finish work to allow Landlord, if it so desires for its own protection, to inspect such to-be-covered work. All alterations, installations, removals and restoration shall be entitled performed in a good and workmanlike manner so as not to a supervision fee in damage or alter the amount of 5% primary structure or structural qualities of the cost building comprising a part of the AlterationsPremises and other improvements situated on the Premises. Landlord may elect No alterations contemplated by Tenant to cause its architect the building comprising a part of the Premises or Premises will in any way be a condition to review the occurrence of the Commencement Date or commencement of Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedrental payment obligations hereunder.

Appears in 3 contracts

Samples: Industrial Triple Net Lease (Orbital Energy Group, Inc.), Industrial Triple Net Lease (Orbital Energy Group, Inc.), Industrial Triple Net Lease (Orbital Energy Group, Inc.)

Alterations. Tenant shall will not make no any modifications, improvements, alterations, additionsadditions or installations (collectively, decorations, or improvements (collectively referred to as “Alterations”) without Landlord’s prior written consent, which consent will not be unreasonably withheld; provided that Landlord’s consent will not be required for Alterations that do not affect the mechanical, electrical, plumbing, exterior (including, without limitation, the roof membrane) or structural systems of any Buildings and that cost less than $50,000.00 (“Minor Alterations”) so long as Tenant provides prior written notice to Landlord detailing the type and scope of such Minor Alterations (a “Minor Alterations Notice”). Landlord will respond to any written Tenant request for consent to Alterations within 10 business days after Landlord’s receipt of such notice, or if Landlord fails to respond within such 10-business day period, Landlord will be deemed to have granted its consent to such request. Landlord will have the right to post notices of non-responsibility or similar notices on the Premises in order to protect the Premises against any liens resulting from such Alterations or Minor Alterations. Tenant agrees not to allow such notices to be removed or defaced. Tenant agrees to indemnify, defend and hold Landlord harmless from any and all Claims which may arise out of or be connected in any way with any Alterations (including Minor Alterations) to the Premises without performed by or at the prior written consent request of LandlordTenant. Landlord may imposeAbsent an agreement by the parties to the contrary, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of will pay the cost of all Alterations (including Minor Alterations). Upon completion of the applicable Alterations, Tenant will furnish Landlord with contractor’s affidavits that include full and final waivers of liens for all amounts due for labor and materials in connection with the applicable Alterations. Landlord may elect to cause its architect to review TenantIn the case of any Alterations that require Landlord’s architectural plansconsent, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish will also provide Landlord with as-built drawings plans and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property specifications of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Termas altered by such Alterations, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any if any. All Alterations (including without limitation Minor Alterations) will comply with all telephone applicable Laws and data cabling) installed either by Tenant will be constructed in a good and workmanlike manner, using materials of good quality and free and clear of all liens or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedclaims therefor.

Appears in 3 contracts

Samples: Lease Agreement (Andina II Holdco Corp.), Lease Agreement (Andina II Holdco Corp.), Lease Agreement (Andina II Holdco Corp.)

Alterations. Tenant shall not make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed alterations to the Premises, including without limitation all Tenant Improvements constructed pursuant any changes to the Work Letter existing landscaping, without Landlord's prior written consent. Tenant may make non-structural alterations costing less than $50,000 per event without Landlord's consent. Regardless of whether Landlord's consent for alteration is required, Tenant must provide Landlord at least fifteen (except as otherwise provided 15) business days prior to the commencement of any alteration with a complete description of each such alteration including any building permit drawing(s) and specifications. Landlord may post notices regarding non-responsibility in accordance with the Work Letter)laws of the state in which the Premises are located. All alterations made by Tenant, but excluding moveable trade fixtures and furniturewhether or not subject to the approval of Landlord, shall become the property of Landlordbe performed by Tenant and its contractors in a first class workmanlike manner and permits and inspections shall be obtained from all required governmental entities. Such Alterations Any alterations made shall remain on and be surrendered with the Premises at the end upon expiration or termination of the Termthis Lease, except that Landlord may, by notice in connection with Tenant's request for Landlord's approval of any such alteration, elect to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by some or all of the Expiration Date, or sooner termination date of this Lease, all or any Alterations alterations which Tenant may have made to the Premises (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”"REQUIRED REMOVABLES"). In connection with its removal of Required RemovablesIf Landlord so elects, Tenant shall repair any damage at its own cost restore the Premises to the Premises arising from that removal condition designated by Landlord in its election or pursuant to any prior approval, before the last day of the Term. Should Landlord consent in writing to Tenant's alteration of the Premises, Tenant shall contract with a contractor approved by Landlord for the construction of such alterations, shall secure all appropriate governmental approvals and permits, and shall restore complete such alterations with due diligence in compliance with plans and specifications approved by Landlord (if required). Tenant shall pay all costs for such construction and shall keep the affected area Premises free and clear of all mechanics' liens which may result from construction by Tenant. Tenant's property shall include, without limitation, Tenant's furniture, furnishings, business machines and equipment, computer conduits, communications equipment and such other property as may be required in the conduct of Tenant's business. Tenant shall have the right, but not the obligation (except at the expiration or prior termination of the Term), to its pre-existing conditionremove the same at any time, reasonable wear to finance the purchase thereof, to grant security interests therein and tear exceptedto otherwise encumber same.

Appears in 2 contracts

Samples: Earthlink Inc, WWW Holdings Inc

Alterations. Tenant shall make no alterationsnot, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent which consent shall not be unreasonably withheld, of LandlordLandlord in each instance, make any alterations, improvements or additions to the Premises. 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 said alterations, improvements, or additions, it may imposeimpose 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, improvements, 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 equipment in the Premises. Tenant's shall promptly pay to Landlord or to Tenant's contractors, as a condition case may, be, when due, the cost of all 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 consent, any requirements that overhead and construction management services allocable to such work and all out-of-pocket costs incurred by Landlord in its discretion may deem reasonable reviewing plans and specifications for said alterations, improvements or desirableadditions. 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 use Landlord’s designated mechanical defend and electrical 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 9 hereof shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and 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 of any such work by Tenant or its contractors, obtain all Tenant shall furnish to Landlord "as built" drawings of such work. Landlord agrees that Tenant shall not be required permits for to remove any alteration, improvement or addition made to the Alterations and shall perform the work Premises in compliance with all applicable lawsthis Section 6 unless Landlord has advised Tenant in writing prior to installation of such alteration, regulations and ordinances with contractors reasonably acceptable improvement or addition that Landlord's consent to Landlord. Landlord shall be entitled such installation is conditioned upon Tenant's agreement to a supervision fee in the amount of 5% remove same upon expiration or termination of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 2 contracts

Samples: Lease (Hewitt Holdings LLC), Lease (Hewitt Associates Inc)

Alterations. Except for cosmetic alterations and projects that do not exceed $50,000.00 during any calendar year of the Term, that do not require a permit from the City of Irvine and that satisfy the criteria in the next following sentence (which cosmetic work shall require notice to Landlord but not Landlord’s consent), Tenant shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. For all Alterations that require the prior written consent of Landlord, Landlord’s consent shall not be unreasonably withheld, conditioned or delayed as long as the proposed Alterations do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (“Standard Improvements”). For all Alterations that require the prior written consent of Landlord, Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, provided that, for projects that do not exceed $100,000.00, Landlord shall not require Tenant to post a lien or completion bond. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to Landlord. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. , and except for cosmetic Alterations not requiring a permit, Landlord shall be entitled to a supervision fee in the amount of 53% of the cost of the Alterations. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect and/or engineers to review Tenant’s architectural architectural, mechanical and electrical plans, and the reasonable cost of that review shall be reimbursed by Tenant. Tenant Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and fixtures, furniture, office/telephone equipment, computers and other personal property shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 45 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”), and to replace any non-Standard Improvements made by Tenant with the applicable Standard Improvements. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion thereof, is a Required Removable and Landlord shall advise Tenant as to which Alteration or any portion thereof shall be deemed a Required Removable within 10 days after receipt of Tenant’s request. If Landlord fails to respond to any request for consent within the 10 day period set forth in the preceding sentence, Tenant shall have the right to provide Landlord with a second request for consent. Tenant’s second request for consent must specifically state that Landlord’s failure to respond within a period of 5 days shall be deemed to be an approval by Landlord. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 2 contracts

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

Alterations. Tenant shall not make no any alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) in or to the Leased Premises without the prior written consent of Landlord. , which consent may be subject to such conditions as Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable appropriate but which consent shall not be unreasonably withheld or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlorddelayed. Landlord shall be entitled use its best efforts to a supervision fee expedite review and approval of Tenant's alteration plans when Tenant's schedule requires expedited review. Except as otherwise expressly provided in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plansTenant Improvements Provisions, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and any such alterations, additions or improvements consented to by Landlord change the shall be made at Tenant's sole cost and expense. Tenant shall secure any and all governmental permits, approvals or authorizations required in connection with any such work, and shall hold Landlord harmless from any and all liability, costs, damages, expenses (including attorneys' fees) and any and all liens resulting therefrom. All alterations, additions and improvements (and expressly including all light fixtures and floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Lettercoverings), but excluding moveable except trade fixtures and furnitureother equipment which do not become a part of the Leased Premises, shall immediately become the property of Landlord without any obligation to pay therefore. Upon the expiration or sooner termination of the Term, Tenant shall, upon written demand by Landlord. Such Alterations shall be surrendered with the Premises , given at least thirty (30) days prior to the end of the Term, except that Landlord may, by notice to at Tenant's sole cost and expense forthwith remove any trade fixtures of Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or designated by Landlord at to be removed, but not alterations, additions or improvements made by Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, and Tenant shall forthwith at its sole cost and expense, repair any damage to the Leased Premises arising from that caused by such removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedof trade fixtures.

Appears in 2 contracts

Samples: Lease (Eschelon Telecom Inc), Eschelon Telecom 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 do any work in or about the Leased Premises or make no alterationsany alterations or additions thereto, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. All such work to which Landlord consents shall be performed and installed at Tenant’s sole cost and expense 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 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 request made in connection with the Initial Work, within thirty (30) days, 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 not Landlord’s consent is required therefor, Tenant shall maintain such insurance as Landlord may impose, reasonably require for the benefit of Landlord or such other parties as a condition to its consent, any requirements that Landlord shall designate in its discretion may deem reasonable or desirablewriting. Tenant shall use reimburse Landlord for Landlord’s designated mechanical and electrical contractors, obtain all required permits actual out-of-pocket costs in reviewing Tenant’s plans for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to any alterations requiring Landlord’s approval. Landlord shall be entitled to a supervision fee provide Tenant with invoices from those professionals from whom Landlord incurred fees in the amount support of 5% of the cost of the AlterationsLandlord’s demand for reimbursement in accordance with this Section. Landlord may elect will make commercially reasonable efforts to cause its architect cooperate with Tenant in connection with any application Tenant makes to review Tenantobtain 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 alterations or improvements, regardless of whether Landlord’s architectural plansconsent is required therefor, and the reasonable cost of that review Tenant shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with complete as-built drawings sepia and CAD disks compatible drawings thereof. Landlord shall not charge Tenant a supervisory fee in connection with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed work performed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedSection.

Appears in 2 contracts

Samples: Lease (Vitamin Shoppe, Inc.), Lease (Vitamin Shoppe, Inc.)

Alterations. Except for cosmetic alteration projects that do not exceed $25,000.00 in aggregate cost during the Term and that satisfy the criteria in the next following sentence (which work shall require notice to Landlord but not Landlord’s consent), Tenant shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. For all Alterations that require the prior written consent of Landlord, Landlord’s consent shall not be unreasonably withheld, conditioned or delayed as long as the proposed Alterations do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (“Standard Improvements”). For all Alterations that require the prior written consent of Landlord, Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable; provided that, for projects that do not exceed $50,000.00, Landlord shall not require Tenant to post a lien or completion bond. Without limiting the generality of the foregoing, Tenant shall use Landlord’s designated mechanical and electrical contractorscontractors for all Alterations work affecting the mechanical or electrical systems of the Building. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to Landlord. Tenant shall obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. , and except for cosmetic Alterations not requiring a permit, Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures fixtures, furniture, office/telephone equipment, computers, and furnitureother personal property, shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”), and to replace any non-Standard Improvements with the applicable Standard Improvements. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the subject Alterations are Required Removables. If Landlord fails to respond to any request for consent within the 10 day period set forth in the preceding sentence, Tenant shall have the right to provide Landlord with a second request for consent. Tenant’s second request for consent must specifically state that Landlord’s failure to respond within a period of 5 business days shall be deemed to be an approval by Landlord. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 2 contracts

Samples: Lease (Lombard Medical, Inc.), Lease (Lombard Medical, Inc.)

Alterations. Tenant shall not make no any alterations, additions, decorationsor improvements to the Leased Premises without Landlord’s prior written consent. Tenant shall promptly remove any alterations, additions, or improvements (collectively referred to as “Alterations”) to the Premises without the prior constructed in violation of this paragraph upon Landlord’s written consent of request. All approved alterations, additions, and improvements will be accomplished in a good and workmanlike manner, in conformity with all applicable laws and regulations, and by a contractor approved by Landlord. Tenant shall apply for and obtain all requisite approvals, consents or permits for such work, at Tenant’s sole cost and expense. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by any alterations, additions or improvements (whether or not made with Landlord’s consent) at the Expiration Datetermination of this Lease and to restore the Premises to its prior condition, or sooner 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 date of this Lease, all or except that Tenant may remove any Alterations (including of Tenant’s furniture and equipment which can be removed without limitation all telephone and data cabling) installed either by material damage to the Leased Premises. Tenant or by Landlord shall repair, at Tenant’s request (collectivelyexpense, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Leased Premises caused by the removal of any such furniture or equipment. Tenant shall keep the property free from any and all liens arising from that removal out of the work performed or materials furnished in making improvements to the Leased Premises, and if a lien shall restore be filed will post a bond or otherwise cause same to be removed within five (5) days of notice thereof. Tenant shall not have the affected area right to its pre-existing conditionencumber the Leased Premises, reasonable wear including any covenants and tear exceptedrestrictions or liens of any kind whatsoever. Tenant shall strictly comply with the Construction Lien Law of the State of Florida. Tenant agrees to obtain and deliver to Landlord prior to the commencement of any work or alteration or the delivery of any materials, a written and unconditional waiver of contractors’ liens with respect to the Leased Premises, the Building and the parcel for all work, service or materials to be furnished at the request or for the benefit of Tenant to the Premises.

Appears in 2 contracts

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

Alterations. Tenant shall make no alterationsnot, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent, which consent shall not be unreasonably withheld, of LandlordLandlord in each instance, make any alterations, improvements, or additions to the Premises. 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 said alterations, improvements, or additions, it may imposeimpose such conditions with respect thereto as Landlord deems appropriate, as a condition 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, improvements, 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 consentprior written consent to Tenant's hiring contractors. Notwithstanding the foregoing, any requirements that Landlord Tenant may hire its own contractors to install mill work, telecommunications equipment and food service equipment in its discretion may deem reasonable or desirablethe Premises. Tenant shall use Landlord’s designated mechanical and electrical promptly pay to Landlord or to Tenant's contractors, obtain as the case may be, when due, the cost of all such work and of all decorating required permits 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, improvements or 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 done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies and the rules and regulations adopted by the Landlord for the Alterations and Building. Within thirty (30) days after substantial completion of any such work by Tenant or its contractors, Tenant shall perform furnish to Landlord "as built" drawings of such work. Landlord agrees that Tenant shall not be required to remove any alteration, improvement or addition made to the work Premises in compliance with all applicable lawsthis Section 6 unless Landlord has advised Tenant in writing prior to installation of such alteration, regulations and ordinances with contractors reasonably acceptable improvement or addition that Landlord's consent to Landlord. Landlord shall be entitled such installation is conditioned upon Tenant's agreement to a supervision fee in the amount of 5% remove same upon expiration or termination of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 2 contracts

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

Alterations. Tenant shall not make no any alterations, additions, decorationsadditions or improvements to the Premises, or improvements (collectively referred to as “Alterations”) to the Premises change any plumbing or wiring, without the prior written consent of Landlord. Landlord may impose, as a condition Plans and specifications for such work shall be submitted to its consent, any requirements that Landlord in its discretion may deem reasonable or desirableadvance. No fixtures shall be removed from the Premises. Landlord shall have the right to approve Tenant’s contractors as well as the general manner and method in which such work is to be performed. Tenant shall use Landlordprovide Landlord with insurance certificates evidencing that all contractors and subcontractors have adequate workmen’s designated mechanical compensation insurance, and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable builder’s risk insurance satisfactory to Landlord. Any such improvements, including wall covering, paneling and built-in cabinet work, but excepting movable furniture and trade fixtures, shall at once become a part of the realty and belong to Landlord and shall be surrendered with the Premises. Upon the request of Tenant, Landlord shall notify Tenant, at the time the improvement is made, if said improvement will be entitled required to a supervision fee in be removed upon the amount of 5% expiration of the cost term. As of the Alterationscommencement date, there are no existing improvements that will be required to be removed by the Tenant upon the expiration of the term. Landlord may elect to cause its architect to review Upon the expiration of the term hereof, Tenant shall, upon written demand by Landlord, at Tenant’s architectural planssole cost and expense, and the reasonable cost of that review shall be reimbursed remove any alterations, additions or improvements made by Tenant. Should , that were (i) previously designated for removal by Landlord at the Alterations proposed time the improvement was made or (ii) designated to be removed at the end of the term, there having been no request by Tenant for a notification at the time the improvement was made; and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its sole cost and expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising caused by such removal. At least twenty (20) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord of the names and addresses of the persons supplying labor and materials so that Landlord may give notice that it shall not be subject for any lien for Tenant’s work, in accordance with Colorado’s mechanics’ lien statutes. Landlord shall have the right to keep posted on the Premises notice to such persons in accordance with such statute. All additions, alterations, changes or improvements made to the Premises by Tenant shall be made in compliance with the Americans with Disabilites Act of 1990 and its implementing regulations, as amended or supplemented from that removal time to time, and shall restore the affected area to its pre-existing conditionall similar applicable state and local laws, reasonable wear rules and tear exceptedregulations.

Appears in 2 contracts

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

Alterations. Other than in connection with Tenant's Work, Tenant shall not make no alterationsany structural alterations in any portion of the Premises, additionsnor make any alterations in the storefront or the exterior of the Premises, decorationswithout Landlord's prior written consent, which consent may be withheld by Landlord in its sole discretion. Tenant shall not make any interior alterations affecting the common utility or improvements common mechanical systems of the Project (collectively referred to as “Alterations”) to including, without limitation electrical, plumbing or heating, ventilating and air conditioning systems), without first obtaining the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Landlord agrees that Tenant may imposemake interior, as a condition to its non-structural alterations which do not affect the common utility or mechanical systems of the Project without Landlord's consent, any requirements provided that all such alterations comply with applicable codes and provided Tenant gives Landlord in its discretion may deem reasonable or desirableprior written notice of said proposed alterations. Tenant All alterations, additions and improvements provided for herein shall use Landlord’s designated mechanical and electrical contractorsbecome, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable lawsupon completion, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of LandlordLandlord subject to the terms of this Lease. Such Alterations shall be surrendered with At the Premises at the end expiration of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, Lease or sooner earlier termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either unless non-removal by Tenant or was agreed to by Landlord at Tenant’s request (collectively, the “Required Removables”). In in connection with its removal of Required Removablesthe Landlord's initial approval, Tenant shall promptly remove all alterations, additions and improvements and any other property placed in the Premises by Tenant and Tenant shall repair any damage caused by such removal. Tenant shall not be required to remove any alterations, additions and improvements unless, within thirty days prior to the Premises arising from expiration of the Term, Landlord advises Tenant that removal it desires for Tenant to remove such alterations, additions or improvements and Tenant shall restore the affected area not in any event be required to its pre-existing condition, reasonable wear and tear exceptedremove any structural improvements.

Appears in 2 contracts

Samples: Retail Lease (New York Restaurant Group Inc), Retail Lease (Smith & Wollensky Restaurant Group Inc)

Alterations. Tenant shall not make alterations and additions to Tenant’s Premises except in accordance with plans and specifications therefor first approved by Landlord, which approval shall not be unreasonably withheld. However, Landlord’s determination of matters relating to aesthetic issues relating to alterations, additions or improvements which are visible outside the Premises shall be in Landlord’s sole discretion. Without limiting such standard Landlord shall not be deemed unreasonable for withholding approval of any alterations or additions (including, without limitation, any alterations or additions to be performed by Tenant under 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, decorationsimprovements 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 improvements (collectively referred independent contractors, and not to as “Alterations”) cause or permit any liens for labor or materials performed or furnished in connection therewith to attach to the Premises without or the prior written consent of Landlord. Landlord Buildings or the Site and immediately to discharge any such liens which may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirableso attach. Tenant shall use Landlord’s designated mechanical and electrical contractorspay, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable lawsas Additional Rent, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5100% of any real estate taxes on the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant Complex which shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end any time after commencement of the Term, except result from any alteration, addition or improvement to the Premises made by Tenant. Tenant acknowledges and agrees that Landlord mayshall 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 Tenant Landlord given at least 30 ten (10) days prior to the Expiration Datecommencement of any work (which notice shall specify the nature of the work in reasonable detail), require Tenant to remove by the Expiration Datemake alterations, additions or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage improvements to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.where:

Appears in 2 contracts

Samples: Lease (Care.com Inc), Lease (Care.com Inc)

Alterations. Tenant will not paint, decorate or change the architectural treatment of any part of the exterior of the Premises or construct any changes to the interior of the Premises, without Landlord’s prior written approval thereto, and will promptly remove any paint, decoration, alteration, addition or changes applied or installed without Landlord’s approval or take such other action with respect thereto as Landlord directs. Tenant shall not make no any structural alterations, additionsadditions or changes to the Premises. Tenant may, decorationsat its own cost and expense erect shelves, or improvements bins, racks and removable (i.e., not attached to the realty) trade fixtures (collectively referred to as AlterationsTrade Fixtures”) in the ordinary course of its business provided such items do not alter the basic character of the Premises, do not damage the Premises, may be removed without injury to the Premises without and the prior written construction, erection and installation thereof complies with all legal requirements and other provisions of this Lease. If Landlord grants consent of Landlord. to any requested alterations, the alterations shall be performed in a good, workmanlike and lien free manner in accordance with all applicable legal requirements and any restrictions which may be imposed by Landlord may impose, as a condition to its consent. All alterations, any requirements that changes, additions and all leasehold improvements made by Tenant or made by Landlord in its discretion may deem reasonable or desirable. on Tenant’s behalf and all fixtures installed by Tenant shall use Landlord’s designated mechanical and electrical contractorswhich are not Trade Fixtures are herein collectively referred to as “Tenant Additions”, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations Tenant Additions shall not be surrendered with the Premises at the end removed by Tenant on, before or following expiration or termination of the Term, Lease without Landlord’s consent except that Landlord may, by notice as may be required pursuant to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedSection 27.1.

Appears in 2 contracts

Samples: Industrial Lease (Wornick CO Right Away Division, L.P.), Industrial Lease (TWC Holding Corp.)

Alterations. Except for cosmetic alteration projects that do not exceed $20,000.00 during each calendar year and that do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (which work shall require notice to Landlord but not Landlord’s consent), Tenant shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Except for cosmetic Alterations not requiring a permit, Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review TenantTxxxxx’s architectural plans, and the reasonable cost of that review shall be reimbursed by TenantTxxxxx. Should the Alterations proposed by Tenant Txxxxx and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Datetime of Landlord’s approval, require Tenant to remove by the Expiration Date, Date or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cablingany Tenant Improvements constructed pursuant to the Work Letter) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 2 contracts

Samples: Lease (Robot Cache US Inc.), Lease (Robot Cache US Inc.)

Alterations. Tenant shall make no alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. If any such improvement requires approval by or notice to the lessor of a superior lease or the holder of a mortgage, no work shall proceed until such approval has been received or such notice has been given. Landlord may impose, as a condition to its consent, any requirements that Landlord Landlord, in its discretion discretion, may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time and contractor for performance of the work. Landlord may require that Tenant enter into an agreement with Landlord for the work to be performed by Xxxxxxxx's contractor, in which event Tenant shall use pay to Landlord’s designated mechanical and electrical contractors, the cost of construction as incurred by Landlord. Should Landlord authorize Tenant to perform the work with a contractor approved by Landlord, Tenant shall obtain all required permits for the Alterations work and shall perform the work in `compliance with all applicable laws, regulations and ordinances with contractors ordinances. of Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Xxxxxxxx's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably acceptable satisfactory to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations alterations, additions or improvements affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter Premises (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, ) shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior the time of Landlord's consent to the Expiration Datealteration or improvement, require Tenant to remove by the Expiration Date, Date or sooner termination date of this Lease, Lease all or any Alterations (including without limitation all telephone alterations, decorations, fixtures, additions, improvements and data cabling) the like installed either by Tenant or by Landlord at Tenant’s request (collectively's request, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall and to repair any damage to the Premises arising from that removal removal. Landlord may require Tenant to remove an improvement provided its part of the initial build-out pursuant to Exhibit H, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Within thirty (30) days after completion of Tenant's alterations requiring the submission of plans to Landlord, Tenant shall restore the affected area furnish to its preLandlord a complete set of "as-existing condition, reasonable wear built" plans and tear exceptedspecifications.

Appears in 2 contracts

Samples: Assignment of Lease (NBC Internet Inc), Xoom Inc

Alterations. Absent Landlord’s written consent, Tenant shall may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, additions, decorations, or installations and improvements (collectively referred to as the “Alterations”) to the Office provided they are nonstructural in nature, which do not effect the Services, utilities or other operations or services of the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that and which are done by contractors and sub-contractors approved by Landlord in its discretion may deem reasonable every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or desirableother 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 use Landlordcarry and cause to be carried by each contractor and sub-contractor, workmen’s designated mechanical compensation, general liability, personal and electrical contractorsproperty damage insurance, obtain all required permits 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 Alterations and Office, Tenant shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable pay or cause to Landlord. Landlord shall be entitled to paid or file a supervision fee bond in the amount stated in the mechanic’s lien within thirty (30) days of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review said filing at Tenant’s architectural planssole cost and expense. Any installation of materials, fixtures and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, like shall become the property of LandlordLandlord upon such installation and shall remain in the Office upon Txxxxx’s surrender of same. Such Alterations shall be surrendered with However, Landlord may relinquish such right of ownership to the Premises at the end of the Term, except that Landlord may, installations by giving Tenant thirty (30) days written notice to Tenant given at least 30 days prior to the Expiration 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, require 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 remove by which Lxxxxxxx’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Expiration Office to that condition existing on the Commencement Date, or sooner termination date . Any and all property of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or by Landlord may remove such abandoned property at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.expense

Appears in 2 contracts

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

Alterations. Tenant shall make Except for those items specified elsewhere herein, no alterations, additions, decorations, additions or improvements (collectively referred to as hereinafter “Alterations”) to the Premises shall be made by Tenant without the prior written consent of Landlord, which shall not be unreasonably withheld. Landlord shall not be deemed unreasonable for withholding its consent to any Alteration which may imposeaffect the structural, as a condition mechanical, exterior or common facilities of the Building, nor for making its approval conditional upon Tenant’s agreement to restore the Premises at the expiration or earlier termination of the Term to its consentcondition prior to such Alteration. All work done in connection with any Alteration shall be done in a good and workmanlike manner employing materials of good quality and in compliance with laws, any requirements that Landlord in its discretion may deem reasonable or desirablerules, orders and regulations of governmental authorities having jurisdiction thereof, by contractors approved by Landlord. Tenant shall use be responsible that its contractors abide by all reasonable procedures, rules and regulations as promulgated by Landlord. All Alterations shall be performed in such a manner so as to maintain harmonious labor relations and not to damage the Building or unreasonably interfere with the construction or operation of the Building. Tenant shall indemnify and hold Landlord harmless from additional costs incurred in supplying service or repairing damage caused by Tenant’s contractors. Tenant shall cause each contractor to carry workmen’s compensation insurance in statutory amounts covering the employees of all contractors and subcontractors, and comprehensive general liability insurance with such limits as Landlord may reasonably require from time to time during the Term of this Lease, but in no event less than the minimum amount of comprehensive general liability insurance Tenant is required to maintain as set forth in Article 11 hereof (all such insurance to be written in companies reasonably approved by Landlord and insuring Landlord, Landlord’s designated mechanical mortgagee and electrical Tenant as well as the contractors, obtain ) and to deliver to Landlord certificates of all required permits for the Alterations and such insurance prior to commencement of any work. Any Alteration made by Tenant after such consent shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural planshave been given, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant any fixtures installed as part thereof shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writingoption, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with Landlord upon the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, expiration or other sooner termination date of this Lease. If Landlord shall fail to exercise such option, all or any Tenant shall remove such Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”)cost upon expiration or termination of this Lease. In connection with its removal of Required Removables, Tenant shall repair any damage to yield up the Premises arising from that removal in good order and shall restore the affected area to its pre-existing conditionrepair, reasonable wear and tear and damage by fire or casualty excepted.

Appears in 2 contracts

Samples: Third Amendment to Lease (Paratek Pharmaceuticals, Inc.), Third Amendment to Lease (Paratek Pharmaceuticals Inc)

Alterations. Tenant All alterations, additions and improvements, except trade fixtures, installed at expense of Tenant, shall make no become the property of the Landlord and shall remain upon and be surrendered with the leased premises as a part of thereof on this lease. Such alterations, additions, decorations, or and improvements (collectively referred to as “Alterations”) to the Premises without may only be made with the prior written consent of Landlord, which consent shall not be unreasonably withheld. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits If consent is granted for the Alterations making of improvements or alterations to the leased premises, such improvements and alterations shall perform not commence until Tenant has furnished to Landlord a certificate of insurance showing coverage in an amount satisfactory to Landlord protecting Landlord from liability for injury to any person and damage to any personal property, on or off the work leased premises in compliance connection with all applicable lawsthe making of such improvements or alterations. No cooling tower, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord equipment, or structure of any kind shall be entitled to a supervision fee in placed on the amount of 5% of roof or elsewhere on the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed leased premises by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property prior written permission of Landlord. Such Alterations If such permission is granted, such work or installations shall be surrendered with done at Tenant's expense and in such a manner that the Premises roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily, so that repairs to the roof can be made, Tenant shall promptly repair at its expense any damages resulting from such removal. At the end termination of this lease Tenant shall deliver the Termleased premises in good order and condition, except that Landlord may, natural deterioration only excepted. Any damage cause by notice to Tenant given the installation or removal of trade fixtures shall be repaired at least 30 days Tenant's expense prior to the Expiration Dateexpiration of the lease term. All alterations, require Tenant to remove improvements, additions, and repairs made by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal be made in good and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedworkmanlike manner.

Appears in 2 contracts

Samples: Land Least Agreement (Cobra Financial Services Inc), Land Least Agreement (Cobra Financial Services Inc)

Alterations. Except for cosmetic alteration projects that do not exceed $20,000.00 during each calendar year and that do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (which work shall require notice to Landlord but not Landlord’s consent), Tenant shall make no alterations, additions, decorations, decorations or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirablereasonable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Datetime of Landlord’s approval, require Tenant to remove by the Expiration Date, Date or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cablingany Tenant Improvements constructed pursuant to the Work Letter) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”); provided, however, that notwithstanding the foregoing, Landlord agrees that the Tenant Improvements as and to the extent set forth in the approved Plan and Cost Estimate shall not constitute Required Removables. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 2 contracts

Samples: Lease (Tarsus Pharmaceuticals, Inc.), Lease (Tarsus Pharmaceuticals, Inc.)

Alterations. Tenant shall may not make no any changes, additions, alterations, improvements or additions to the Premises or attach or affix any articles thereto without Landlord’s prior written consent. All alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to which may be made upon the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then or Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable unattached trade fixtures and furnitureoffice furniture and equipment owned by Tenant) shall not be removed by Tenant, but shall become and remain the property of Landlord. Such Alterations All alterations, improvements, and additions to the Premises (as permitted by Landlord) shall be surrendered with done only by Landlord or contractors or mechanics approved by Landlord, and shall be at Tenant’s sole expense and at such times and in such manner as Landlord may approve. If Tenant shall make any alterations, improvements or additions to the Premises Premises, Landlord may require Tenant, at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date expiration of this Lease, all to restore the Premises to substantially the same condition as existed at the commencement of the Term. Any mechanics or any Alterations (including without limitation all telephone and data cabling) installed either materialmen’s lien for which Landlord has received a notice of intent to file or which has been filed against the Premises or the Building arising out of work done for, or materials furnished to or on behalf of Tenant, its contractors or subcontractors shall be discharged, bonded over, or otherwise satisfied by Tenant within ten (10) days following the earlier of the date Landlord receives (1) notice of intent to file a lien or by (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 request expense, and the amount expended by Landlord, including reasonable attorneys’ fees, shall be paid by Tenant within ten (collectively, the “Required Removables”). In connection with its removal 10) days following Tenant’s receipt of Required Removables, Tenant shall repair any damage to the Premises arising a xxxx from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedLandlord.

Appears in 2 contracts

Samples: Office Building Lease (LifeCare Holdings, Inc.), LifeCare Holdings, Inc.

Alterations. Tenant shall may make no alterations, improvements, additions, decorationsinstallations, or improvements changes to the Premises (collectively referred to as any of the preceding, “Alterations”) only if: (i) Tenant first obtains Landlord’s written consent (which consent may not unreasonably be withheld, conditioned, or delayed), (ii) Tenant complies with all conditions, which may be imposed by Landlord, including but not limited to Landlord’s selection of specific contractors or construction techniques (but Landlord may not unreasonably impose such restrictions), and (iii) Tenant pays to Landlord the Premises without the reasonable costs and expenses of Landlord for architectural, engineering, or other consultants which reasonably may be incurred by Landlord in determining whether to approve any such Alterations. At least 30 days before making any Alterations, Tenant shall submit to Landlord, in written form, proposed detailed plans of such Alterations. Tenant shall, before commencing any Alterations, at Tenant’s sole cost, (i) acquire (and deliver to Landlord a copy of) a permit from appropriate governmental agencies to make such Alterations (any conditions of which permit Tenant shall comply with, at Tenant’s sole cost, in a prompt and expeditious manner), (ii) provide Landlord with 10 days’ prior written consent notice of Landlord. the date the installation of the Alterations is to commence, which notice must explicitly remind Landlord may imposeto post and record an appropriate notice of non-responsibility, as a condition and (iii) obtain (and deliver to its consent, Landlord proof of) reasonably adequate workers compensation insurance with respect to any requirements that Landlord in its discretion may deem reasonable of Tenant’s employees installing or desirable. involved with such Alterations (which insurance Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work maintain in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost force until completion of the Alterations). Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review All Alterations shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall upon installation become the property of Landlord. Such Alterations Landlord and shall remain on and be surrendered with the Premises at the end on termination of the Termthis Lease, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Dateits election, require Tenant to remove any or all of the Alterations, by so notifying Tenant in writing at the time Landlord consents to the Alteration, in which event, Tenant shall, at its sole cost, on or before the Expiration Date, Date or sooner earlier termination date of this Lease, repair and restore the Premises to the condition of the Premises prior to the installation of the Alterations which are to be removed. Tenant shall pay all costs for Alterations and other construction done or caused to be done by Tenant and Tenant shall keep the Premises free and clear of all mechanics’ and materialmen’s lien’s resulting from or relating to any Alterations (including without limitation all telephone or other construction. The term “Alteration” does not include any of the following that are paid for and installed by Tenant and Tenant may remove any of the following that are paid for and installed by Tenant at any time: Tenant’s personal property, equipment, capital equipment, fume hoods, fume snorkels, de-ionized water skids, vacuum pumps, dehumidification units, uninterruptible power supplies, warehouse racks, parts racks, scientific research equipment, portable cold rooms, moveable unattached lunch room and office furnishings and equipment, telecommunications and data equipment (other than cabling) installed either by Tenant or by Landlord at Tenant’s request ), machine shop tools and portable equipment, portable glass wash equipment, equipment monitoring systems, air compressors and emergency generators (collectively, the “Required RemovablesEquipment”). In connection Notwithstanding the foregoing, if installation of any of the Equipment materially effects any of the improvements within the Project, the installation itself (but not the Equipment) is considered an Alteration and subject to the requirements of this Article 13. Landlord acknowledges that Landlord has no lien, right, claim, interest or title in or to the Equipment, except to the extent remaining at the Project after termination of this Lease. Tenant may grant a security interest in the Equipment. Within 14 days following Tenant’s written request, Landlord shall execute an acknowledgement of the foregoing in a commercially reasonable form for the benefit of the secured party under a security interest granted in accordance with its removal of Required Removablesthe preceding sentence, Tenant shall repair any damage allowing the secured party or equipment lessor access to the Premises arising from that for removal and shall restore of the affected area Equipment, subject to its pre-existing condition, Landlord’s reasonable wear and tear exceptedrestrictions.

Appears in 2 contracts

Samples: Lease Agreement (Phenomix CORP), Sublease Agreement (Anadys Pharmaceuticals Inc)

Alterations. After the Commencement Date, Tenant shall not make no alterations, any additions, decorationschanges, alterations or improvements (collectively referred to as “Alterations”) to the Premises or the Building, without the prior written consent of Landlord. Landlord may imposeAll Alterations shall be at Tenant’s sole cost and shall be performed in a good and workmanlike manner and all materials used shall be of a quality comparable to those in the Premises and the Building and shall be in accordance with plans and specifications approved by Landlord. All Alterations shall be performed in accordance with reasonable requirements established by Landlord, as a condition to its consentincluding, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use upon Landlord’s designated mechanical request, provision of a lien and electrical contractors, obtain all required permits for the Alterations and shall perform the work completion bond in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable an amount equal to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5150% of the cost of the Alterations. In any case, Tenant shall pay Landlord may elect a reasonable fee to cause its architect to review cover Landlord’s costs incurred in reviewing Tenant’s architectural plansplans and specifications. Tenant shall maintain a safe working environment, including the continuation of all fire and security protection devices, if any, previously installed in the reasonable cost Premises by Landlord. All damages or injury done to the Premises or the Building by Tenant or by any persons who may be in or upon the Premises or the Building with the express or implied consent of that review Tenant, including but not limited to the cracking or breaking of any glass of windows and doors, shall be reimbursed by Tenant. Should the Alterations proposed paid for by Tenant and consented 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 change consents to any Alterations by Tenant, the floor plan same shall not be deemed a warranty as to the adequacy of the Premisesdesign, then Tenant shallworkmanship or quality of materials, at its expenseand Landlord hereby expressly disclaims any responsibility or liability for the same. Landlord shall under no circumstances have any obligation to repair, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systemsmaintain or replace any portion of any Alterations. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except Except as otherwise provided herein, all Alterations, except Tenant’s moveable personal property that does not become a part of the Building shall remain in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises as a part thereof at the end expiration or sooner termination of this Lease. Landlord may require Tenant to remove any Alterations and to restore the Premises to its condition prior to the completion of any Alterations at the expiration or termination of the Term, except that Landlord may, by notice such work to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord occur at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, expense and Tenant shall repair any all damage to the Premises arising from that or Building occurring as a result of such removal or restoration. If Tenant fails to remove any Alterations as required by Landlord or repair any damage occurring during such removal, Landlord shall be entitled to remove any Alterations or make such repairs, at Tenant’s expense. Tenant shall comply with all applicable laws, codes and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedregulations in connection with all Alterations.

Appears in 2 contracts

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

Alterations. All improvements to the leased premises shall be installed at the cost and expense of Tenant (which cost shall be payable on demand by Landlord as additional rent), but only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and only by Landlord or by contractors and subcontractors approved in writing by Landlord (which approval shall not be unreasonably withheld). In connection with any request for an approval of alterations by Tenant, Landlord may retain the services of an architect and/or engineer and Tenant shall make no reimburse Landlord for the reasonable fees of such architect and/or engineer. All alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. and partitions erected by Tenant shall use Landlord’s designated mechanical be and electrical contractorsremain the property of Tenant during the term of this Lease and Tenant shall, obtain unless Landlord elects at the time of approval or otherwise elects as hereinafter provided, remove all required permits for the Alterations alterations, improvements and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed partitions erected by Tenant and consented restore the leased premises to its original condition by Landlord change the floor plan date of termination of this Lease or upon earlier vacating of the Premisesleased premises; provided, then Tenant shallhowever, that, if at its expensesuch time Landlord so elects, furnish Landlord with as-built drawings such alterations, additions, improvements and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, partitions shall become the property of LandlordLandlord as of the date of termination of this Lease or upon earlier vacating of the leased premises and title shall pass to Landlord under this Lease as by a bxxx of sale. Such Alterations All such removals and restoration shall be surrendered with accomplished in a good workmanlike manner by contractors approved in writing by Landlord so as not to damage the Premises at the end primary structure or structural qualities of the TermBuilding. All alterations, except that Landlord mayadditions or improvements proposed by Tenant shall be constructed in accordance with all governmental laws, by notice to ordinances, rules and regulations and Tenant given at least 30 days shall, prior to construction, provide such assurances to Landlord, including but not limited to, waivers of lien and surety company performance bonds, as Landlord shall require to assure payment of the Expiration Datecosts thereof and to protect Landlord against any loss from any mechanics', require Tenant to remove by the Expiration Datelaborers', materialmen's or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedother liens.

Appears in 2 contracts

Samples: Lease Agreement (Entrade Inc), Lease Agreement (Entrade Inc)

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", and except for Permitted Changes, Tenant shall not make, suffer or permit to be made any alterations, additions or improvements to or of the Demised Premises or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Without Landlord's prior consent, Tenant shall be entitled to make nonstructural alterations and additions which (i) do not adversely affect the plumbing, heating, air conditioning, ventilation, electrical, mechanical and life safety systems of the Demised Premises and the Building (ii) do not materially reduce the overall quality of the leasehold improvements in the Demised Premises below the average level of quality typically found in first-class office buildings in the Buckhead area of Atlanta, Georgia (iii) are not visible from the exterior of the Building (due to unusual lighting of such alterations or additions in close proximity to the Building's exterior windows), and (iv) do not involve a Non-Standard Alteration ("Permitted Changes"). Other than the Permitted Changes, Tenant shall make no alterations in, or additions to, the Demised Premises without first obtaining, in writing, Landlord's consent for such alterations or additions, which consent shall not be unreasonably withheld or conditioned. Any such alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”) to the Demised Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord, except for Permitted Changes shall be made by Landlord change or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within twenty (20) days after receipt of a statement. All such alterations, additions and improvements shall become Landlord's property at the floor plan expiration or earlier termination of the PremisesLease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant, then to be given, if at all, at the time Landlord consents to such alterations, additions and improvements, to have Tenant shallremove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed the Demised Premises to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days its condition prior to the Expiration Dateinstallation of such alterations, require Tenant to remove by the Expiration Dateadditions and improvements, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable normal wear and tear excepted.

Appears in 2 contracts

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

Alterations. Tenant shall not make no any alterations, additions, decorations, additions or improvements to the Premises (collectively referred to as collectively, the “Alterations”) to the Premises without the prior written consent of Landlord. Landlord (which consent shall not be unreasonably withheld or delayed), except for (a) the installation of unattached, movable trade fixtures which may imposebe installed without drilling, as a condition 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 its consent, any requirements that Landlord in its discretion may deem reasonable or desirablecost less than $25,000 (“Permitted Alterations”). Tenant shall use furnish complete plans and specifications to Landlord for its approval at the time Tenant requests Landlord’s designated mechanical consent to any Alterations. Subsequent to obtaining Landlord’s consent and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable prior to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost 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 elect post on and about the Premises or the Project notices of non-responsibility pursuant to cause its architect to applicable Laws. Tenant shall reimburse Landlord within thirty (30) days after the rendition of a xxxx 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 architectural plansplans 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, and the reasonable cost of that review such Alteration shall be reimbursed made by Tenant at Tenant’s sole cost and expense by a contractor reasonably approved in writing by Landlord. Should 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 proposed by which Tenant and consented causes to by be constructed result in Landlord change the floor plan being required to make any alterations and/or improvements to other portions of the PremisesProject in order to comply with any applicable Laws, then Tenant shall, at its expense, furnish shall reimburse Landlord with as-built drawings upon demand for all costs and CAD disks compatible with Landlord’s systemsexpenses incurred by Landlord in making such alterations and/or improvements. Unless Landlord otherwise agrees in writing, all Any Alterations affixed to the Premises, including without limitation all made by Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations Landlord upon installation and shall remain on and be surrendered with the Premises upon the expiration or sooner termination of this Lease, unless Landlord requires the removal of such Alterations. Notwithstanding the foregoing, upon Tenant’s written request at the end time it seeks Landlord’s consent to an Alteration, Landlord agrees to indicate in writing whether it will require such Alteration to be removed upon the expiration or earlier termination of the TermLease. If Landlord requires the removal of such Alterations, except that Landlord mayTenant shall at its sole cost and expense, by notice to Tenant given at least 30 days prior to the Expiration DateDate or the last day of the Renewal Term (as defined in Exhibit G), require Tenant to remove by as the Expiration Datecase may be, or sooner earlier termination date of this Lease, remove all or any portion of any Alterations (including without limitation all telephone and data cabling) installed either made by Tenant or which are designated by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall to be removed and repair any damage to and restore the Premises arising from that removal in a good and shall restore the affected area workmanlike manner to its pre-existing their original condition, reasonable wear and tear exceptedexcepted (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 agrees to indemnify, defend and hold Landlord, its Affiliates, Harvest Properties, Inc. (“Harvest”), Cerberus Real Estate Capital Management, LLC, a Delaware limited liability company (“Cerberus”), and Landlord’s Property Manager, and their respective officers, directors, partners, members, shareholders, employees and agents (collectively, the “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 survive the expiration 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, nor Landlord’s acceptance, that the same comply with sound architectural and/or engineering practices or with all applicable Laws, and Tenant shall be solely responsible for ensuring all such compliance. All voice, data, video, audio and other low voltage control transport system cabling and/or cable bundles installed in the 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 Project upon request.

Appears in 2 contracts

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

Alterations. Except for alteration projects costing less than $5,000.00 and satisfying the criteria in the next following sentence (which work shall require notice to Landlord, but not Landlord’s consent), Tenant shall make no alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord’s consent shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, and utilize only building standard materials. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord’s designated mechanical and electrical contractorscontractors for all work affecting the mechanical or electrical systems of the Building. Should Tenant perform any work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to Landlord. Tenant shall obtain all required permits for the Alterations work and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. ordinances, and Landlord shall be entitled to a supervision fee in the amount of five percent (5% %) of the cost of the Alterationswork. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. In no event shall Tenant prosecute any alteration work that results in picketing or labor demonstrations in or about the Building or Project. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations work proposed by Tenant and consented to by Landlord change modify the floor plan internal configuration of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations alterations, additions or improvements affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter Premises (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, ) shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior the time of Landlord’s consent to the Expiration Datealteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone alterations, decorations, fixtures, additions, improvements and data cabling) the like installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”)request. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build-out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt payment from Tenant of the cost thereof, inclusive of the standard coordination fee of Landlord’s management agent.

Appears in 2 contracts

Samples: Office Space Lease (Intercept Pharmaceuticals Inc), Office Space Lease (Intercept Pharmaceuticals Inc)

Alterations. Tenant Subtenant shall not make no any alterations, additions or other improvements to the Subleased Premises by or on behalf of Subtenant (but not including Subtenant’s moveable trade fixtures or moveable items of personal property) (“Alterations”) without Sublandlord’s prior written consent, which shall not be unreasonably withheld or delayed, and the approval of Master Landlord if required by the terms of the Master Lease. At the time Subtenant requests approval from Sublandlord or Master Landlord, Subtenant must obtain the prior written approval of Master Landlord and Subtenant to any contractors and vendors performing work in the Subleased Premises. Subtenant acknowledges that Master Landlord has a pre-approved list of contractors and vendors from which Subtenant must select its contractor and vendors. Sublandlord shall consent or object to any proposed Alterations within three business days after receipt of all materials required by this Sublease and the Master Lease. If Sublandlord does not consent or object to Subtenant’s proposed Alterations within the three business day period provided above, Sublandlord’s consent will be deemed given. Sublandlord may withhold its approval of any proposed Alterations if Subtenant is in default of any of its obligations under this Sublease at the time Subtenant requests Sublandlord’s approval; provided, however, if Subtenant cures the default within the applicable notice and cure periods set forth in this Sublease, Sublandlord shall reconsider Subtenant’s request for approval. Any Alterations to which Sublandlord and Master Landlord (if required) consent must be constructed and installed in accordance with (i) all requirements contained in the Master Lease, and (ii) any reasonable requirements imposed by Sublandlord to protect Sublandlord’s interest in the Master Lease and/or in the Subleased Premises. All such alterations, additions and improvements consented to by Sublandlord and Master Landlord (if required) will be made using new, first class materials and in a good and workmanlike manner. Subtenant shall be obligated to diligently pursue the completion of all Alterations to the Subleased Premises. Any work that has not been completed in a timely manner may be completed by Sublandlord or Master Landlord, at the expense of Subtenant. Such expense will be collectible as Additional Rent and will be paid by Subtenant within 10 days after delivery of a statement for such expense. At its sole cost and expense, Subtenant shall coordinate all work with a project manager approved by Sublandlord (and Master Landlord, if required), and Sublandlord shall have the right to review all progress in connection with such work. Sublandlord hereby approves Xxxxx Xxxx LaSalle as Subtenant’s project manager. Subtenant shall be solely responsible for any and all expenses additional costs charged by Master Landlord (whether billed directly to Sublandlord or Subtenant) arising out of the approval or installation of the Alterations pursuant to the Master Lease, including without limitation legal expenses, architectural and engineering expenses. Where possible, Subtenant shall coordinate payment of all additional costs directly with Master Landlord. Subtenant will indemnify and hold Sublandlord, Master Landlord, the Subleased Premises, the Premises, and the Building free, clear and harmless of and from all mechanics’ liens and claims of liens, and all other liabilities, liens, claims and demands on account of such work by or on behalf of Subtenant. Prior to the commencement of any work (including, but not limited to, any maintenance, repairs, alterations, additions, decorationsimprovements or installations) in or to the Subleased Premises, by or for Subtenant, Subtenant will give Sublandlord written notice of the proposed work and the names and addresses of persons supplying labor and materials for the proposed work. Sublandlord and/or Master Landlord will have the right to post notices of non-responsibility or similar written notices on the Subleased Premises and the Premises in order to protect the same against any such liens. Upon termination of this Sublease, any Alterations to the Subleased Premises shall remain in the Subleased Premises, and Subtenant shall not have the right to remove such Alteration, unless requested to do so in writing by Sublandlord at such time as Sublandlord’s consent is received, or improvements (collectively referred to as “Alterations”) by Master Landlord to the extent permitted under the Master Lease; provided, however, Sublandlord shall not require Subtenant to remove any Alterations or restore the Subleased Premises without the prior written consent unless such restorations or removal is a requirement of Master Landlord. Landlord may imposeIf Subtenant is required to remove any improvements, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant Subtenant shall, at its sole cost and expense, furnish Landlord restore the Subleased Premises to their condition prior to this Sublease, and restore the Subleased Premises in accordance with as-built drawings all terms and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided conditions in the Work Letter), but excluding moveable trade fixtures and furniture, Master Lease. Subtenant’s obligations under this section shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, survive expiration or sooner earlier termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedSublease.

Appears in 2 contracts

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

Alterations. Except for alteration projects costing less than $10,000.00 and satisfying the criteria in the next following sentence (which work shall require notice to Landlord but not Landlord’s consent), Tenant shall make no alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord, which consent shall be granted or withheld for reasonable reasons within ten (10) business days following receipt by Landlord of Tenant’s request therefor. Landlord’s consent shall not be unreasonably withheld as long as the proposed changes do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, and utilize only building standard materials. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable, including but not limited to a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the manner, time, and contractor for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord’s designated mechanical and electrical contractorscontractors for all work affecting the mechanical or electrical systems of the Building. Should Tenant perform any work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to Landlord. Tenant shall obtain all required permits for the Alterations work and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlordordinances. Except for cosmetic alteration projects that do not require a permit Landlord shall be entitled to a supervision fee in the amount of five percent (5% %) of the cost of the Alterationswork. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. In no event shall Tenant prosecute any alteration work that results in picketing or labor demonstrations in or about the Building or Project. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans (if applicable) describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations work proposed by Tenant and consented to by Landlord change modify the floor plan internal configuration of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations alterations, additions or improvements affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter Premises (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, ) shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior the time of Landlord’s consent to the Expiration Datealteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone alterations, decorations, fixtures, additions, improvements and data cabling) the like installed either by Tenant or by Landlord at Tenant’s request (collectivelyrequest; provided, however, in no event shall Tenant be required to remove any Tenant Improvements at the “Required Removables”)expiration or termination of this Lease. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt payment from Tenant of the cost thereof, inclusive of the standard coordination fee of Landlord’s management agent.

Appears in 2 contracts

Samples: Office Space Lease (Neothetics, Inc.), Office Space Lease (Neothetics, Inc.)

Alterations. Tenant shall make no alterations, additions, decorationschanges, alterations or improvements (collectively referred "Work") to as “Alterations”) the Premises or any electrical, mechanical or fire protection facilities pertaining to the Premises without the prior written consent of Landlord. All Work shall be at Tenant's sole cost and shall be performed in a good and workmanlike manner and all materials used shall be of a quality comparable to those in the Premises and the Building and shall be in accordance with plans and specifications approved by Landlord, and Landlord may imposerequire that all Work be performed under Landlord's supervision. In any case, as Tenant shall pay Landlord a condition reasonable fee to its consent, cover Landlord's overhead or third-party costs in reviewing Tenant's plans and specifications and performing any requirements that Landlord in its discretion may deem reasonable or desirablesupervision of Work. Tenant shall use maintain a safe working environment, including the continuation of all fire and security protection devices, if any, previously installed in the Premises by Landlord’s designated mechanical . All damages or injury done to the Premises or the Building Complex by Tenant or by any persons who may be in or upon the Premises or the Building Complex with the express or implied consent of Tenant, including but not limited to the cracking or breaking of any glass windows and electrical doors, shall be paid for by Tenant and Tenant shall pay for all damage to the Building Complex caused by acts or omissions of Tenant or Tenant's officers, contractors, obtain all required permits 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 Alterations 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, additions and improvements except Tenant's trade fixtures that do not become a part of the Building shall perform remain in an be surrendered with the work in compliance Premises as a part thereof at the expiration or sooner termination of this Lease. Tenant shall comply with all applicable laws, codes and regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedall Work.

Appears in 2 contracts

Samples: Office Lease Agreement (Edgar Online Inc), Office Lease Agreement (Edgar Online Inc)

Alterations. Tenant shall make no alterationsnot, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent, which consent shall not be unreasonably withheld, of LandlordLandlord in each instance, make any alterations, improvements, or additions to the Premises. 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 said alterations, improvements, or additions, it may imposeimpose such conditions with respect thereto as Landlord deems appropriate, as a condition 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, improvements, 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 consentprior written consent to Tenant's hiring contractors. Notwithstanding the foregoing, any requirements that Landlord Tenant may hire its own contractors to install mill work, telecommunications equipment and food service facilities in its discretion may deem reasonable or desirablethe Premises. Tenant shall use Landlord’s designated mechanical and electrical promptly pay to Landlord or to Tenant's contractors, obtain as the case may be, when due, the cost of all such work and of all decorating required permits 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, improvements or 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 done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and ail applicable laws and, ordinances and rules and regulations of governmental departments or agencies and the rules and regulations adopted by the Landlord for the Alterations and Building. Within thirty (30) days after substantial completion of any such work by Tenant or its contractors, Tenant shall perform furnish to Landlord "as built" drawings of such work. Landlord agrees that Tenant shall not be required to remove any alteration, improvement or addition made to the work Premises in compliance with all applicable lawsthis Section 6 unless Landlord has advised Tenant in writing prior to installation of such alteration, regulations and ordinances with contractors reasonably acceptable improvement or addition that landlord's consent to Landlord. Landlord shall be entitled such installation is conditioned upon Tenant's agreement to a supervision fee in the amount of 5% remove same upon expiration or termination of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 2 contracts

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

Alterations. Tenant shall not make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) any alterations to the Premises other than Tenant's initial Tenant Improvements per Exhibit F, or to the Project, including any changes to the existing landscaping, without the Landlord's prior written consent, which shall not be unreasonably withheld, delayed or conditioned for alterations not affecting structural elements or materially altering Building systems. If Landlord gives its consent of Landlord. to such alterations, Landlord may impose, as a condition to its consent, any requirements that Landlord post notices in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for accordance with the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% laws of the cost of state in which the Alterationspremises are located. Landlord may elect to cause its architect to review Tenant’s architectural plans, Any alterations made shall remain on and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end upon expiration or termination of the Termthis Lease, except that Landlord may, by notice on or before expiration of the term, elect to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by any alterations which Tenant may have made to the Expiration DatePremises. At the time Tenant submits plans for alterations to Landlord for Landlord's approval, or sooner Tenant may request that Landlord elect whether such alterations shall be removed at the termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by if so requested, Landlord shall make such election simultaneous with its approval of the alterations. If Landlord elects to require removal of the alterations, then at its own cost Tenant or shall restore the Premises to the condition designated by Landlord at in its election, before the last day of the term or within 30 days after notice of its election is given, whichever is later. Should Landlord consent in writing to Tenant’s request (collectively, 's alteration of the “Required Removables”). In connection with its removal of Required RemovablesPremises, Tenant shall repair any damage to contract with a contractor reasonably approved by Landlord for the construction of such alterations, shall secure all appropriate governmental approvals and permits, and shall complete such alterations with due diligence in compliance with plans and specifications reasonably approved by Landlord. All work performed shall be done in workmanlike manner and with material (when not specifically described in the plans and specifications) of the quality and appearance customary in the trade for first-class construction of the type in which the Premises arising from that removal are located. All such construction shall be performed in a manner which will not interfere with the quiet enjoyment of other tenants of the Project. Tenant shall pay all costs for such construction and shall restore keep the affected area Premises and the Project free and clear of all mechanics' liens which may result from construction by Tenant. If requested by Landlord, Tenant shall post a bond or other security reasonably satisfactory to its pre-existing condition, Landlord to protect against liens. Tenant will pay directly or reimburse Landlord for any reasonable wear and tear exceptedcost incurred by Landlord in reviewing plans and/or monitoring construction.

Appears in 2 contracts

Samples: Office Lease Agreement (F5 Networks Inc), Office Lease Agreement (F5 Networks Inc)

Alterations. Tenant Subtenant shall make no alterations, additionsinstallations, decorations, additions or improvements (collectively referred to as collectively, “Alterations”) to in or about the Sublease Premises without the prior written consent of Sublandlord in each instance, which consent shall not be unreasonably withheld provided that the prior written consent of the Prime Landlord is obtained (to the extent the consent of the Prime Landlord is required pursuant to the Prime Lease). Notwitthstanding the foregoing, Subtenant shall have the right to perform Alterations to the Equipment without obtaining the consent of Sublandlord, provided however, that Subtenant shall obtain the prior consent of the Prime Landlord. Landlord may impose, as a condition to its consent, any requirements the extent that Landlord in its discretion may deem reasonable or desirable. Tenant shall use the Prime Landlord’s designated mechanical consent is required pursuant to the terms of the Prime Lease. Any Alterations consented to by Sublandlord shall be performed by Subtenant at its sole cost and electrical contractors, obtain all required permits for the Alterations expense and shall perform the work in compliance with all applicable lawsof the provisions of the Prime Lease, regulations including the provisions requiring the Prime Landlord’s prior written consent, and ordinances also in compliance with contractors reasonably acceptable to such other reasonable requirements of Sublandlord and Prime Landlord. Subtenant shall pay to Sublandlord any and all amounts payable to Prime Landlord shall be entitled in connection with Prime Landlord’s review and/or inspection of (a) any plans and/or specifications relating to a supervision fee in the amount of 5% of the cost of the any proposed Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the (b) any Alterations proposed by Tenant during and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed subsequent to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall making thereof. Subtenant acknowledges that any such Alterations may become the property of Landlordthe Prime Landlord in accordance with Section 9.02 of the Prime Lease. Such If Sublandlord determines that the services of architects, engineers or other professionals are reasonably required in order to review Subtenant’s plans for any Alterations, and the performance of any inspections of such Alterations (during and subsequent to the making thereof), the fees and expenses of such professionals shall be surrendered with deemed Additional Rent and paid promptly by Subtenant upon being billed therefor. Prior to the Premises at the end expiration (or any sooner termination) of the Term, except that if removal is required by either the Sublandlord or the Prime Landlord may, by notice to Tenant given at least 30 days prior to in accordance with Section 9.02 of the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Prime Lease, Subtenant, at its sole cost and expense, shall remove any and all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectivelyso required to be removed, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area Sublease Premises to its pre-existing conditiongood condition following such removal. Notwithstanding any language to the contrary, reasonable wear but provided that the prior written consent of the Prime Landlord is obtained (to the extent the consent of the Prime Landlord is required pursuant to the Prime Lease), Sublandlord agrees to the installation of security cameras and tear exceptedemployee key card entry systems, all at Subtenant’s sole cost and expense, so long as Sublandlord is notified prior to installation of these systems and these installations are installed by licensed electricians.

Appears in 2 contracts

Samples: Agreement of Sublease (Enzon Pharmaceuticals Inc), Agreement of Sublease (Enzon Pharmaceuticals Inc)

Alterations. Except for cosmetic alteration projects that do not exceed $50,000.00 during each calendar year and that satisfy the criteria in the next following sentence (which work shall require notice to Landlord but not Landlord’s consent), Tenant shall make no alterations, additions, decorations, decorations or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord’s consent shall not be unreasonably withheld as long as the proposed Alterations do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (“Standard Improvements”). Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Without limiting the generality of the foregoing, Tenant shall use Landlord’s designated mechanical and electrical contractorscontractors for all Alterations work affecting the mechanical or electrical systems of the Building. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to Landlord. Tenant shall obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. , and except for cosmetic Alterations not requiring a permit, Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Datetime of Landlord’s approval of any Alterations, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”), and to replace any non-Standard Improvements with the applicable Standard Improvements. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the subject Alterations are Required Removables. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted. Landlord agrees that the Tenant Improvements as and to the extent set forth in the Plan and Cost Estimate referenced in Exhibit X shall not constitute Required Removables.

Appears in 2 contracts

Samples: Lease (MDxHealth SA), Lease (MDxHealth SA)

Alterations. Tenant shall not make no or suffer to be made any alterations, additions, decorationsor improvements which are structural in nature or which affect utility lines or equipment serving other portions of the property, Building or in, on, or improvements (collectively referred to as “Alterations”) to the Premises or any part thereof or make any improvements without the prior written consent of Landlord, which may be withheld in Landlord’s reasonable discretion. Landlord may impose, as a condition to its When applying for such consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expenseif requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. In the event Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed consents to the Premisesmaking of any such alteration, including without limitation all Tenant Improvements constructed pursuant to addition or improvement by Tenant, the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations same shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice made using a contractor acceptable to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectivelysole cost and expense. All alterations, additions or improvements performed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations and Tenant shall, prior to construction, provide to Landlord waivers of lien to protect Landlord against any loss from any mechanics’, materialmen’s or other liens. Tenant shall pay in addition to any sums due pursuant to Paragraph 5 or 6 above any increase in real estate taxes attributable to any such alteration, addition, or. improvement for so long, during the “Required Removables”)Term, as such increase is ascertainable. In connection with its removal Upon the expiration or sooner termination of Required Removablesthe Term as herein provided, Tenant shall upon demand by Landlord, at Tenant’s sole cost and expense, forthwith and with all due diligence remove any such alterations, additions or improvements which are designated by Landlord to be removed, and Tenant shall forthwith and with all due diligence, at its sole cost and expense, repair any damage to and restore the Premises arising from that removal and shall restore the affected area to its pre-existing their original condition, reasonable wear and tear exceptedand loss by casualty excepted Any alteration, additions or improvements to be done by Tenant or Landlord as part of Tenant’s initial occupancy shall be specified in Exhibit B. Any alteration, addition, or improvement in, on, or to the Premises including carpeting, but excepting movable furniture, personal property, and trade fixtures of Tenant, which are removable without material damage to the property or the Premises, shall be and remain the property of Tenant during the Term but shall, unless Landlord elects otherwise, become a part of the realty and belong to Landlord without compensation to Tenant upon the expiration or sooner termination of the Term and title shall pass to Landlord under this Lease as by a xxxx of sale.

Appears in 2 contracts

Samples: Lease Agreement (Cyoptics Inc), Agreement of Lease (Avago Technologies LTD)

Alterations. Tenant shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Datetime of Landlord’s approval, require Tenant to remove by the Expiration Date, Date or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cablingany Tenant Improvements constructed pursuant to the Work Letter) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 2 contracts

Samples: Lease (Medicinova Inc), Lease (Acacia Research Corp)

Alterations. Tenant shall not make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) any alterations to the Premises or the Business Park without the Landlord's prior written consent which shall not be unreasonably withheld. If Landlord gives its consent to such alterations, Landlord may post notices in accordance with the laws of the state in which the Premises are located. All alterations made by Tenant, whether or not subject to the approval of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed performed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings contractors in a first class workmanlike manner and CAD disks compatible with Landlord’s systemspermits and inspections shall be obtained from all required governmental entities. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures Any alterations made shall remain on and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end upon expiration or termination of the Termthis Lease, except that Landlord may, by notice within thirty (30) days before or thirty (30) days after expiration of the Term, elect to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by some or all of the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by alterations which Tenant or by may have made to the Premises. If Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removablesso elects, Tenant shall repair any damage at its own cost restore the Premises to the Premises arising from that removal condition designated by Landlord in its election, before the last day of the Term or within thirty (30) days after notice of its election is given, whichever is later. Should Landlord consent in writing to Tenant's alteration of the Premises, Tenant shall contract with a contractor approved by Landlord for the construction of such alterations. shall secure all appropriate governmental approvals and permits, and shall restore complete such alterations with due diligence in compliance with plans and specifications approved by Landlord. Tenant shall pay all costs for such construction and shall keep the affected area Premises free and clear of all mechanics' liens which may result from construction by Tenant. Notwithstanding anything in this Lease to its pre-existing condition, reasonable wear and tear excepted.the contrary:

Appears in 2 contracts

Samples: Docent Inc, Docent Inc

Alterations. Tenant All alterations, additions and improvements, except trade fixtures, installed at expense of Tenant, shall make no become the property of Landlord and shall remain upon and be surrendered with the leased premises as a part thereof on the termination of this lease. Such alterations, additions, decorations, or and improvements (collectively referred to as “Alterations”) to the Premises without may only be made with the prior written consent of Landlord, which consent shall not be unreasonably withheld. If consent is granted for the making of improvements or alterations to the leased premises, such improvements and alterations shall not commence until Tenant has furnished to Landlord may imposea certificate of insurance showing coverage in an amount satisfactory to Landlord protecting Landlord from liability for injury to any person and damage to any personal property, as on or off the leased premises, in connection with the making of such improvements or alteration. No cooling tower, equipment, or structure of any kind shall be placed on the roof or elsewhere on the leased premises by Tenant without prior written permission of Landlord. If such permission is granted, such work or installation shall be done at Tenant's expense and in such a condition manner that the roof shall not be damaged thereby. If it becomes necessary to its consentremove such cooling tower, equipment or structure temporarily so that repairs to the roof can be made, Tenant shall promptly remove and reinstall the cooling tower, equipment or structure at Tenant's expense and repair at Tenant's expense any requirements that Landlord in its discretion may deem reasonable damage resulting from such removal or desirablereinstallation. Upon termination of this lease, Tenant shall remove or cause to be removed from the roof any such cooling tower, equipment or structure if directed to do so by Landlord. Tenant shall use Landlord’s designated mechanical promptly repair at its expense any damages resulting from such removal. At the termination of this lease, Tenant shall deliver the leased premises in good order and electrical contractorscondition, obtain all required permits for natural deterioration only excepted. Any damage caused by the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord installation of trade fixtures shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review repaired at Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days 's expense prior to the Expiration Dateexpiration of the lease term. All alterations, require Tenant to remove by the Expiration Dateimprovements, or sooner termination date of this Leaseadditions, all or any Alterations (including without limitation all telephone and data cabling) installed either repairs made by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal be made in good and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedworkmanlike manner.

Appears in 2 contracts

Samples: Commercial Lease, Commercial Lease

Alterations. Tenant shall not make no alterations, additions, decorations, or improvements any alterations to the Premises (collectively referred to as “Alterations”) without Landlord’s prior written consent, which consent shall not be unreasonably withheld, provided however that Tenant may make non-structural alterations costing less than $10,000 per event without Landlord’s consent. Regardless of whether Landlord’s consent for an Alteration is required, Tenant must provide Landlord at least fifteen (15) business days prior to the Premises without the prior written consent commencement of Landlordany Alteration with a complete description of each such Alteration including any building permit drawing(s) and specifications. Landlord may imposepost notices regarding non-responsibility in accordance with the laws of the state in which the Premises are located. All Alterations made by Tenant, as a condition whether or not subject to its Landlord’s consent, any requirements that Landlord shall be performed by Tenant and its contractors in its discretion may deem reasonable or desirable. Tenant a first class workmanlike manner and permits and inspections shall use Landlord’s designated mechanical and electrical contractors, obtain be obtained from all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlordgovernmental entities. Landlord shall be entitled respond to a supervision fee in the amount Tenant within fifteen (15) business days of 5% actual receipt of the cost of the Tenant’s written request for consent to any Alterations. If Landlord may elect fails to cause its architect to review Tenant’s architectural plansrespond within thirty (30) days of actual receipt, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises deemed approved and not subject to removal at the end of the Term. At the time Landlord gives its consent to any Alterations, except it shall designate whether Tenant will be required to remove some or all of such Alterations upon the expiration or termination of this Lease or whether Tenant will be able to leave the Alterations and surrender them with the Premises. Everything else notwithstanding, in no event will Tenant be required to remove or restore Alterations that are generic office tenant improvements or engineering (dry) labs. Landlord may, by notice to Tenant given at least 30 upon 60 days prior to written notice before the Expiration Dateexpiration of the Term, require Tenant to remove some or all of the Alterations for which Landlord’s consent was not previously requested. Before the last day of the Term, Tenant shall at its own cost also remove those Alterations for which Landlord previously notified Tenant removal would be required. If Landlord so elects, Tenant shall at its own cost restore those Alterations for which consent was not previously requested to the condition designated by Landlord in its election, before the last day of the Term. Should Landlord consent in writing to Tenant’s Alteration of the Premises, Tenant shall contract with a contractor approved by Landlord for the construction of such Alterations, shall secure all appropriate governmental approvals and permits, and shall complete such Alterations with due diligence in compliance with plans and specifications approved by Landlord. Tenant shall pay all costs for such construction and shall keep the Premises free and clear of all mechanics’ liens which may result from construction by Tenant. Notwithstanding anything in this Lease to the contrary, Landlord will inspect the existing alterations and improvements in the Premises within ninety (90) days of the date the Lease is executed in full by both parties, and Tenant shall not be obligated to remove any elements of the existing alterations and improvements that Landlord approves, but subject to the paragraph immediately above, shall be obligated to remove as of the Expiration DateDate of this Lease any alterations and improvements to the Premises made subsequent to the Commencement Date of the Prior Lease (as defined below) which Landlord has not approved in writing. If Landlord fails to inspect or provide written notice regarding its approval to Tenant within the ninety (90) day period described above, or sooner termination date all existing alterations and improvements shall be deemed approved and need not be removed as of the Expiration Date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 2 contracts

Samples: Lsi Logic Corp, Lsi Logic Corp

Alterations. Tenant shall not, without Landlord's prior written consent, which consent shall not be unreasonably withheld, make no any alterations, additionsimprovements, decorationsadditions or utility installations in, on or improvements (collectively referred to as “Alterations”) to 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 of such alterations, improvements, additions or utility installations at the expiration of the Terms of this Lease, and restore the Premises or the Building to their prior condition. Should Tenant make any 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 Landlordthe Landlord shall be presented to Landlord in written form, with proposed detailed plans. Landlord may imposemay, as a condition to of its consent, any requirements that require Tenant to make revisions in and to the plans and to post a bond or other reasonably satisfactory to Landlord to insure the completion of such 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 furnishing of a 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 discretion may deem reasonable space planners, architects, engineers and contractors to perform all or desirablea portion of the proposed alterations, improvements, additions and utility installations to the Premises, or the Building, at Tenant's sole cost and expense. Tenant shall pay, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant at or for use Landlord’s designated mechanical in the Premises, or 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 electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled have the right to a supervision fee post notices of nonresponsibility as provided by law. If Tenant shall, in good faith, contest the amount validity of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plansany such lien, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premisesclaim 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 with as-built drawings a surety bond satisfactory to Landlord in an amount equal to such contested lien claim or demand indemnifying Landlord and CAD disks compatible with 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 systems'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 otherwise agrees requires the removal as set forth in writingthis Section 11.4, all Alterations affixed to the Premisesalterations, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter)improvements, but excluding moveable trade fixtures additions, and furniture, utility installations shall become the property of Landlord. Such Alterations shall Landlord and remain upon and be surrendered with the Premises at the end expiration of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to . Notwithstanding the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date provisions of this LeaseSection 11.4, all or any Alterations (including without limitation all telephone Tenant's machinery and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectivelyequipment, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from other than that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.which is affixed

Appears in 1 contract

Samples: Lease Agreement (800 Travel Systems Inc)

Alterations. Tenant shall make no alterations, additions, decorations, Any alterations or improvements additions (collectively referred to as AlterationsWork”) made to the Leased Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises , at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all and Tenant shall have no right of reimbursement therefore. Prior to any such alterations or any Alterations additions (including without limitation all telephone and data cabling“Work”) installed either to the Leased Premises by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage provide information, in writing, to Landlord on the scope of work to be done. Landlord must approve, in writing, all such Work to the Leased Premises prior to inception of Work, either demolition or construction, by Tenant. Any alterations or additions (“Work”) made by Tenant to the Leased Premises shall be performed in a good and workmanlike manner, in compliance with all governmental requirements and permits, and without unreasonable interference with the other tenants or the transaction of business in the Facility. Tenant shall make no alterations or additions to the Leased Premises to cause any unreasonable increase in the insurance rate on the Leased Premises. Tenant shall use only licensed contractors, professionals and subcontractors, licensed properly to do business in Louisiana, for any such Work. Tenant warrants that all such contractors, subcontractors, professionals and suppliers shall be paid in a timely manner. Tenant shall secure insurance coverage in the limits and types specified in Exhibit “D” (Exhibit “D-1” – Insurance Requirements) and shall provide a Certificate of Insurance to Landlord (attached as Exhibit “D-2”) evidencing such coverage prior to commencement of any Work to the Leased Premises. Tenant shall indemnify, defend, and hold Landlord and Owner harmless from all claims, liabilities, obligations and expenses, including attorneys’ fees, expert fees and costs arising from that removal or in any way connected with Tenant’s Work, except to the extent caused by Landlord or Owner’s gross negligence or willful misconduct. Upon expiration or termination of this Lease Agreement Tenant shall promptly remove any personal property (movables) belonging to Tenant and any movables not deemed component parts pursuant to Louisiana Civil Code art. 466. Tenant shall restore the affected area to its pre-existing repair or replace, in a like condition, the Leased Premises on or before the expiration of this Lease, or any extension or renewal thereof, less reasonable wear and tear exceptedand damage from casualty.

Appears in 1 contract

Samples: Caddo Lease Agreement

Alterations. Tenant shall not make no any alterations to or that could affect the Structural Components, the Building roof membrane, the Building systems (including the HVAC units and systems), the exterior of the Building (including any changes to the existing landscaping), without Landlord’s prior written consent, which consent may be withheld in Landlord’s sole, subjective and absolute discretion. Tenant shall, however, have the right to make interior, non-structural alterations that do not affect the Building systems with the Landlord’s prior written consent, which consent shall not be unreasonably withheld. Landlord’s consent shall be deemed to have been given if not withheld by the tenth (10th) day following Landlord’s receipt of all plans, specifications and working drawings determined by Landlord’s architect to be sufficient to permit an informed decision with respect to the proposed interior non-structural alteration. If Landlord gives its consent to such alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord may imposepost notices of nonresponsibility and require Tenant to comply with other rules and regulations as Landlord may establish from time to time, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use including submission of plans and specifications for Landlord’s designated mechanical approval, the posting of performance and electrical contractorspayment bonds for any alterations the estimated cost of which is in excess of $100,000.00, obtain all required permits and reimbursement to Landlord for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. any engineering or consulting firms required by Landlord may elect to cause its architect to review Tenant’s architectural plans, proposed plans and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant for an independent roofing consultant and consented to any roofing contractor required by Landlord change if said alterations involve roof penetrations or other work on the floor plan roof. In consideration for Landlord’s review of Tenant’s proposed plans and alterations, upon completion of construction, Landlord shall receive, as additional Rent, an amount equal to four percent (4%) of the Premisestotal construction cost but in no event less than $300.00 per alteration occurrence. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, then except that Landlord, in its sole, subjective and absolute discretion, may elect to require Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to remove any alterations (including the Premises, including without limitation all Tenant Improvements initial tenant improvements constructed pursuant to the Work Letter Agreement to the extent Landlord requires removal) which Tenant may have made to the Premises. However, after completion of the initial tenant improvements, Tenant shall have the right upon submitting to Landlord a request for consent to any subsequent alterations to concurrently request Landlord’s determination whether Landlord will require that such proposed alterations be removed upon expiration or earlier termination of the Lease. If such a request is made, Landlord shall notify Tenant, concurrently with Landlord’s response to the request for approval, whether Landlord will require the removal of such alterations. Landlord’s failure to notify Tenant within ten (except as otherwise provided in 10) business days following receipt of the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations request shall be surrendered with the Premises at the end deemed to be Landlord’s determination to require that such alterations be removed upon expiration or earlier termination of the Term. If Landlord elects or is deemed to have elected to require removal of such alterations, except that Landlord maythen Tenant, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request cost, shall restore the Premises to the condition designated by Landlord in its election, before the last day of the Term or within thirty (collectively30) days after notice of its election is given, whichever is later. Notwithstanding the “Required Removables”). In connection with its removal of Required Removablesforegoing, Tenant shall repair any damage have the right to make non-structural, interior alterations to the Premises arising from that removal do not affect Building systems costing no more than Fifty Thousand Dollars ($50,000.00) in any one Lease Year (the “Cost Threshold”) without obtaining Landlord’s prior consent (“Pre-Permitted Alterations”); provided, however, for any proposed Pre-Permitted Alterations, Tenant shall deliver to Landlord at least fifteen (15) days prior written notice together with reasonably sufficient supporting documentation that the proposed alterations are non-structural, affect only the interior of the Premises, do not affect the Building systems, and are within the Cost Threshold for that Lease Year. Tenant shall, at Landlord’s election, remove all such Pre-Permitted Alterations upon expiration or earlier termination of the Lease. For all alterations approved by Landlord (including all Pre-Permitted Alterations), Tenant shall contract with a licensed California contractor approved by Landlord, for the construction of such alterations, shall secure all appropriate governmental approvals and permits, and shall restore complete such alterations with due diligence in compliance with plans and specifications approved by Landlord. All permitted alterations performed by or through Tenant under this Section 12 shall comply with all applicable Laws. Any valuations or cost analyses of any alterations which are to be submitted to any governmental authority or with the affected area County must be approved by Landlord in its sole and absolute but good faith discretion. All such construction shall be performed in a manner which will not interfere with the quiet enjoyment of other tenants of the Building. Tenant shall pay all costs for such construction and shall keep the Premises and the Building free and clear of all mechanics’, materialmen’s, design professionals’, and other liens which may result from construction by or through Tenant. In the event any such lien is filed as a result of any work undertaken by or through Tenant and such lien is not removed within five (5) days after written demand by Landlord, Landlord shall have the right (but not the obligation) to its pre-existing conditionsatisfy the claim or post a release bond in the statutory amount, reasonable wear in which case any and tear exceptedall costs incurred by Landlord (including any attorneys’ fees) shall be reimbursed by Tenant to Landlord as additional Rent with the next ensuing payment of Base Monthly Rent.

Appears in 1 contract

Samples: Work Letter Agreement (Metropark Usa Inc)

Alterations. Tenant shall make no No alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”) shall be made, and no climate regulating, air conditioning, cooling, heating or sprinkler systems, television or radio antennas or heavy equipment shall be installed in or attached to the Premises without the prior written consent of the Landlord. Landlord may impose, as a condition such consent not to its consent, any requirements that Landlord in its discretion may deem reasonable be unreasonably withheld or desirabledelayed. Tenant is not obligated to request or obtain Landlord's consent to make decorations or nonstructural alterations. All of the aforesaid maintenance and repairs shall use Landlord’s designated mechanical be of quality or class substantially equal to the original work or construction and electrical contractors, obtain in conformity with all required permits fire and casualty insurance rating services and according to all applicable building codes and regulations. Tenant agrees that at all times during the Term it shall maintain at its sole cost and expense the sprinkler systems and lines at the Premises in working order. Tenant acknowledges that throughout the Term Landlord shall keep in force and Tenant shall pay for a service contract with a reputable service company for a quarterly inspection and examination of the Alterations sprinkler systems and lines at the Premises and shall perform also allow inspections and examinations to be conducted at any time upon the work in compliance request of any and all insurance companies which provide or may provide insurance with regard to the Premises. Subject to Tenant's rights set forth at termination clause, Tenant agrees to comply at its sole cost and expense with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% requirements of the cost insurance company or companies conducting such inspections and examinations of the Alterationssprinkler system and lines at the Premises. Landlord may elect to cause its architect to review Tenant’s architectural plans, and Not later than the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan last day of the Premisesterm, then Tenant shall, at its Tenant's expense, furnish Landlord with as-built drawings remove all Tenant's personal property and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all those improvements made by Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall which have not become the property of Landlord. Such Alterations shall be surrendered , including, but not limited to trade fixtures, moveable paneling and the like; repair all injury done by or in connection with the installation or removal of said property and improvements; and surrender the Premises in as good condition as they were at the end beginning of the Termterm, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, excepting reasonable wear and tear exceptedtear, repairs required to be performed by Landlord and damage by fire, the elements, casualty, or other cause not due to the misuse or neglect by Tenant, Tenant's agents, servants, or visitors. All other property of Tenant remaining on the Premises after the last day of the term or earlier termination of this Lease shall be conclusively deemed abandoned and may be removed by Landlord, and Tenant shall reimburse Landlord for the cost of such removal. Landlord may have any such property stored at Tenant's risk and expense. In the event that any mechanics' lien is filed against the premises as a result of alterations, additions or improvements made by the Tenant, the Landlord, at its option, after thirty (30) days notice to the Tenant, may pay the said lien, without inquiring into the validity thereof, and the Tenant shall forthwith reimburse the Landlord the total expense incurred by the Landlord in discharging the said lien, as additional rent hereunder.

Appears in 1 contract

Samples: Lease Agreement (Alfacell Corp)

Alterations. Tenant shall make no alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Landlord may impose, as a condition to its consent, any a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements that Landlord in its discretion may deem reasonable or desirableas to the manner, time, and contractor form performance of the work. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations work and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors ordinances. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably acceptable satisfactory to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations alterations, additions or improvements affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter Premises (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, ) shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior the time of Landlord's consent to the Expiration Datealteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone alterations, decorations, fixtures, additions, improvements and data cabling) the like installed either by Tenant or by Landlord at Tenant’s 's request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall and to repair any damage to the Premises arising from that removal removal. Landlord may require Tenant to remove an improvement provided as part of the initial build-out pursuant to Exhibit X, if any, if and only if the improvement is a non-building standard item and Tenant is notified of the requirement prior to the build- out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Premises for Tenant, Landlord shall restore the affected area be entitled to its pre-existing condition, reasonable wear and tear exceptedprompt reimbursement from Tenant for all Costs incurred. 26 SECTION 7.4.

Appears in 1 contract

Samples: Vision Solutions Inc

Alterations. Tenant shall make no alterations, additions, decorations, or be responsible for the design and construction of the tenant improvements (collectively referred to as “Tenant Improvements” or “Alterations”) ). Tenant shall have final approval, at Tenant’s sole discretion, of all plans for the Tenant Improvements in, about or to the Premises without obtaining the prior written consent of Landlord. However, Tenant shall provide Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirablewith written notice outlining the proposed Tenant Improvements. Tenant shall use have the right to select the general contractor and/or subcontractors for any Alterations, subject to Landlord’s designated mechanical and electrical contractorsapproval which shall not be unreasonably withheld. Landlord shall not charge any construction management fee. With respect to any Alterations, obtain all required permits for the Alterations and shall perform the work in compliance Tenant shall: (a) comply with all applicable lawsRegulations; and (b) will not interfere with the use and occupancy of any other portion of the Premises by any other tenant or its invitees. All Alterations made by Tenant shall remain the property of Tenant until termination of this Lease, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord at which time they shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the TermLandlord if Landlord so elects; provided, except however, that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration DateLandlord’s option, require Tenant to remove by the Expiration Datethat Tenant, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectivelyexpense, remove any or all Alterations made by Tenant and restore the “Required Removables”)Premises to their prior condition by the termination of this Lease provided that Tenant shall be notified in writing of any such requirement at the time Landlord provide consent to the Alterations. In connection with its removal of Required RemovablesNotwithstanding the foregoing, Tenant shall repair remove from the Premises any specialized Tenant Improvements that were paid for or installed for Tenant’s use during the Lease Term. All removals and restoration shall be accomplished in a good and workmanlike manner so as not to cause any damage to the Premises arising from whatsoever and in compliance with Section 33 of this Lease. Tenant shall not be responsible for the removal or restoration costs associated with any Tenant Improvements that removal and shall restore were completed prior to the affected area to its pre-existing condition, reasonable wear and tear exceptedTerm Commencement Date.

Appears in 1 contract

Samples: Commercial Lease (Ultragenyx Pharmaceutical Inc.)

Alterations. Tenant LESSEE shall not make no alterationsstructural alterations or additions of any kind to leased premises, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord but may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees make nonstructural alterations provided LESSOR consents thereto in writing, all Alterations affixed which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Lessee may make nonstructural alterations, which cost less than $10,000.00 without Lessor's consent. All such allowed alterations shall be at LESSEE's expense and shall conform to LESSOR's construction specifications. LESSOR shall respond to LESSEE's request for consent within three (3) days of the request. If LESSOR provides any services or maintenance for LESSEE in connection with such alterations or otherwise under this lease, any just invoice will be promptly paid. LESSEE shall not permit any mechanics' liens, or similar liens, to remit upon the leased premises in connection with work of any character performed or claimed to have been performed at the direction of LESSEE and shall cause any such lien to be released or removed forthwith without cost to LESSOR. Any alterations or additions shall become part of the leased premises and the property of LESSOR. LESSEE shall have the right to remove same provided that any resultant damage is restored or repaired prior to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable termination hereof. LESSEE's trade fixtures and furniture, shall become equipment are the property of Landlord. Such Alterations LESSEE as set forth in Exhibit A. Any alterations completed by LESSOR shall be surrendered with LESSOR's "building standard" unless noted otherwise. LESSOR shall have the Premises right at any time to change the end arrangement of parking areas, stairs, walkways or other common areas of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to 100 building of which the Expiration Date, require Tenant to remove by leased premises are a part provided such changes do not affect access or use of the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedleased premises.

Appears in 1 contract

Samples: 4 Lease Agreement Lease (Ultratech Stepper Inc)

Alterations. Tenant shall not make no any alterations, additions, decorationsadditions or improvements to the Premises, or improvements (collectively referred to as “Alterations”) to the Premises change any plumbing or wiring, without the prior written consent of Landlord. Plans and specifications for such work shall be submitted to and approved in writing by Landlord may imposeprior to commencement of any such work. No fixtures, permanently attached, shall be removed from the Premises. Landlord shall have the right to approve Tenant's contractors as a condition well as the general manner and method in which such work is to its consentbe performed. Prior to commencement of any work, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical provide Landlord with insurance certificates evidencing that all contractors and electrical contractorssubcontractors have workmen's compensation insurance, obtain all required permits for the Alterations and shall perform the work builder's risk insurance in compliance amounts and with all applicable laws, regulations and ordinances with contractors reasonably acceptable coverages satisfactory to Landlord. Any such improvements, including wall covering, paneling and built--in cabinet work, but excepting movable furniture and trade fixtures, shall at once become a part of the realty and belong to Landlord and shall be entitled to a supervision fee in surrendered with the amount of 5% Premises. Upon the expiration of the term hereof, Tenant shall, upon written demand by Landlord, at Tenant's sole cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plansand expense, and the reasonable cost of that review shall be reimbursed remove any alterations, additions or improvements made by Tenant. Should the Alterations proposed by Tenant and consented to , designated by Landlord change the floor plan of the Premises, then to be removed; and Tenant shall, at its sole cost and expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from caused by such removal. At least twenty (20) days prior to the commencement of any work on the Premises, Tenant shall notify Landlord of the names and addresses of the persons supplying labor and materials so that removal and Landlord may give notice that it shall restore not be subject for any lien for Tenant's work, in accordance with Colorado's mechanics' lien statutes. Landlord shall have the affected area right to its pre-existing condition, reasonable wear and tear exceptedkeep posted on the Premises notice to such persons in accordance with such statute.

Appears in 1 contract

Samples: Lease Agreement (Front Range Capital Trust I)

Alterations. Tenant shall make no alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”; which term shall include Tenant’s Work) to the Premises without the prior written consent of the Landlord. , which consent Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable shall not unreasonably withhold or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlorddelay. Landlord shall either approve or disapprove any proposed contractors and plans and specifications for the Tenant Work and any Alterations within ten (10) Business Days of receipt of Tenant’s request therefor together with all information reasonably required by Landlord with respect thereto. All Alterations shall be entitled made at Tenant’s sole cost and expense (including the expense of complying with all Laws, including those regarding Hazardous Materials, if applicable, and the Americans With Disabilities Act of 1990, as heretofore amended and as amended from time to time (the “ADA”) and Title 24 requirements), in a supervision fee good and workmanlike manner, by a contractor reasonably approved by Landlord. Tenant, at Tenant’s expense (or, at Landlord’s election, Landlord at Tenant’s expense) shall perform any work required to be performed in areas outside the amount of 5% of the cost Premises by reason of the Alterations. Landlord may elect Tenant shall submit to cause its architect Landlord, for Landlord’s prior written approval, complete plans and specifications for all work to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed done by Tenant. Should Such plans and specifications shall be prepared by responsible licensed architect(s) and engineer(s) approved in writing by Landlord, shall comply with all applicable Laws, shall not adversely affect the Alterations proposed by Base Building Components (as defined in Section 12.B. below), shall be in a form sufficient to secure the approval of all government authorities with jurisdiction over the approval thereof, and shall be otherwise satisfactory to Landlord in Landlord’s reasonable discretion. Tenant shall provide Landlord advance written notice of the licensed architect(s) and consented engineer(s) whom Tenant proposes to engage to prepare such plans and specifications. Landlord shall notify Tenant in writing whether Landlord approves or disapproves such architect(s) and engineer(s). Landlord’s approval or consent to any such work shall not impose any liability upon Landlord, and no action taken by Landlord change in connection with such approval, including, without limitation, attending construction meetings of Tenant’s contractors, shall render Tenant the floor plan agent of Landlord for purposes of constructing any Alterations. Tenant shall reimburse Landlord within thirty (30) days after Landlord’s written demand for Landlord’s reasonable out of pocket expenses in connection with any Alterations, such as additional cleaning expenses, additional security services, fees and charges paid to third party architects, engineers and other consultants for review of the Premiseswork and the plans and specifications with respect thereto, then Tenant shalland to monitor contractor compliance with Building or Project construction requirements, at its expenseand for other miscellaneous reasonable out of pocket costs incurred by Landlord as result of the work (collectively, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems“Reimbursable Costs”); provided, however, that in no event shall the Reimbursable Costs for any Alteration exceed two percent (2%) of the total hard costs of such Alteration. Unless Landlord otherwise agrees in writingAny Alterations, all Alterations including, without limitation, moveable partitions that are affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter Premises (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures moveable, free standing partitions) and furnitureall carpeting, shall at once become part of the Building and the property of Landlord. Such Except as Landlord shall otherwise agree in writing as respects any particular Alterations, at Landlord’s sole election made in writing at the time the Alterations in question are consented to by Landlord (or, with respect to Cosmetic Alterations, within ten (10) Business Days after Tenant gives Landlord notice thereof), any or all Alterations made for or by Tenant shall be surrendered with removed by Tenant from the Premises at the end expiration or sooner termination of this Lease and the Term, except that Landlord may, Premises shall be restored by notice Tenant to Tenant given at least 30 days their condition prior to the Expiration Datemaking of the Alterations, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable ordinary wear and tear excepted; provided, however, that Tenant shall not be required to remove any Alterations that are of a type and quantity that would reasonably be installed by or for a typical tenant using space for general office purposes in a normal and customary manner. Notwithstanding the foregoing, Tenant shall have the right, without Landlord’s consent, to make any Alteration that meets all of the following criteria (a “Cosmetic Alteration”): (a) the Alteration is decorative in nature (such as paint, carpet or other wall or floor finishes, movable partitions or other such work), (b) at least ten (10) days prior to commencement of work with respect to such Alteration, Tenant provides Landlord with plans with respect thereto or, if the Alteration is of such a nature that formal plans will not be prepared for the work, Tenant provides Landlord with a reasonably specific written description of the work, (c) such Alteration does not affect the Base Building Components or any structural components of the Building, and such Alteration is not visible from the exterior of the Premises, (d) the work will not decrease the value of the Premises, does not require a building permit or other governmental permit, uses only new materials comparable in quality to those being replaced and is performed in a workmanlike manner and in accordance with all Laws, (e) the work does not involve opening the ceiling of the Premises, (f) the work does not involve any Hazardous Materials other than incidental quantities of the same in normal and customary construction materials, such as paint, and (g) the total cost of the Alteration, including architectural and engineering fees, if any, does not exceed Sixty-Six Thousand Dollars ($66,000.00). Tenant hereby acknowledges that notwithstanding anything contained herein to the contrary, Landlord is not and shall not be deemed to be a “participating owner” with respect to any Alterations (including, without limitation, Tenant’s Work). Prior to commencement of any work at the Premises, Tenant shall obtain from all contractors, subcontractors, laborers, materialmen, and suppliers performing work in the Premises for Tenant a writing or writings duly executed by authorized representatives of such contractors, subcontractors, laborers, materialmen, or suppliers containing the following language or substantially identical provisions: “Contractor acknowledges and agrees that it is performing a work of improvement on a Tenant’s leasehold interest and agrees to limit any right to impose a mechanic’s or materialman’s lien to Tenant’s leasehold interest. Contractor further agrees that the work of improvement is not being performed at Landlord’s insistence, is not being performed for the benefit of Landlord or Landlord’s ownership (fee) interest, and that Landlord is not directing Contractor’s work. Contractor further agrees that Landlord is not participating in the work of improvement or in Tenant’s enterprise. Contractor further agrees that it will provide Landlord with written notice of commencement of work within three (3) business days following commencement, so that Landlord may timely post a Notice of Non-Responsibility. Contractor waives and relinquishes the benefit of the “participating owner” doctrine as stated in California law, and further waives and relinquishes any right it may otherwise have had to impose any mechanic’s or materialman’s lien on Landlord’s ownership interest in the property.

Appears in 1 contract

Samples: Hortonworks, Inc.

Alterations. Tenant shall not make no alterationsany alterations in or additions to the Premises (subsequent to the work in the Premises performed by Landlord in accordance with Section 3.2, additionsif any), decorations, including installation of any equipment or improvements machinery which requires modification of or additions to any existing electrical outlet or which would increase Tenant’s usage of electricity beyond Permitted Power (collectively all such alterations being referred to collectively as “Alterations”) to the Premises ), without in each instance first obtaining the prior written consent of Landlord. As to any Alterations to which Landlord may imposehas consented, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish shall pay all engineering and design costs incurred by Landlord with as-built drawings attributable to the Alterations and CAD disks compatible obtain all required governmental permits and certificates, and cause such Alterations to be completed in compliance therewith and all Laws and all applicable requirements of Landlord’s insurance carriers. All Alterations shall be performed in a good and workmanlike manner, using new materials and equipment equal or better in quality to the original installations in the Premises. All repair and maintenance work required to be performed by Tenant pursuant to the provisions of Section 9.2 below, and any Alterations permitted by Landlord pursuant hereto, shall be done at Tenant’s expense by Landlord’s employees or, with Landlord’s systemsconsent, by persons requested by Tenant and 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 may determine to be necessary. Unless If Landlord otherwise agrees in writingauthorizes persons requested by Tenant to perform such work, all Alterations affixed prior to the Premisescommencement of any such work, including Tenant shall on request deliver to Landlord certificates issued by insurance companies qualified to do business in Colorado evidencing that workmen’s compensation, 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 modified without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior written notice to Landlord and such Mortgagee. Further, Landlord or such Mortgagee shall have the Expiration Dateright to post notices in the Premises in locations which will be visible by parties performing any work on the Premises stating that Landlord is not responsible for the payment for such work and setting forth such other information as Landlord may deem necessary. Alterations, require Tenant to remove by the Expiration Daterepair and maintenance work shall be performed in a manner which will not unreasonably interfere with, delay, or sooner termination date impose any additional expense upon Landlord in the maintenance or operation of this Lease, all the Building or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal upon other tenants’ use of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedtheir premises.

Appears in 1 contract

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

Alterations. The Tenant shall not make no any alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the said Demised Premises without the prior written consent of the Landlord which consent shall not be unreasonably withheld, conditioned, or delayed; provided however that Landlord shall have no obligation to consent to structural change, roof penetrations, or changes which affect the building mechanical systems. Simultaneous with any request for Landlord. Landlord may impose, ’s consent and as a condition to its consentLandlord’s consideration of same, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical supply Landlord with copies of all plans relating to any proposed alteration and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee check in the amount of 5% $500 to cover Landlord’s costs of reviewing and approving said request. If Tenant does make any additions, alterations or improvements (“Work”), Tenant must notify Landlord at the same time Tenant notifies any government officials to request permits or perform any inspections of said Work so that Landlord may have a representative present at said inspections. Upon completion of any Work, Tenant shall provide the Landlord with “as-built” plans of the cost Work. All erections, alterations, additions and improvements, whether temporary or permanent in character, which may be made upon the Demised Premises either by the Landlord or the Tenant, except furniture or movable trade fixtures installed at the expense of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and shall at the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan option of the PremisesLandlord, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations the Landlord and shall remain upon and be surrendered with the Demised Premises as a part thereof at the end termination of the Termthis lease, except that Landlord may, by notice to Tenant given at least 30 days prior without compensation to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease (API Nanotronics Corp.)

Alterations. Tenant shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall may use Landlord’s designated mechanical and electrical contractorscontractors (the “Designated Entities”); provided, however, that if Tenant elects to not use the Designated Entities, Landlord may have such Designated Entities review Tenant’s plans, and the actual cost therefor shall be reimbursed by Xxxxxx. Tenant shall obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review TenantXxxxxx’s architectural plans, and the reasonable cost of that review shall be reimbursed by TenantXxxxxx. Should the Alterations proposed by Tenant Xxxxxx and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter Premises (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, ) shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Datetime of Landlord’s approval, require Tenant to remove by the Expiration Date, Date or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted. 7.4.

Appears in 1 contract

Samples: ReShape Lifesciences Inc.

Alterations. Tenant shall make no alterations, all additions, decorations, or improvements and alterations (collectively referred to as hereinafter “Alterations”) on the Leased Premises, and on and to the appurtenances and equipment thereof, required by any governmental authority specifically as a result of Tenant’s business operations, provided however, that notwithstanding the foregoing any Alterations required to be made to the Leased Premises by any governmental authorities as a result of the Landlord Work shall be made by Landlord, at its sole cost and expense. Except as provided in the immediately preceding sentence, Tenant shall not create any openings in the roof or exterior walls, or make any other structural Alterations to the Leased Premises without the Landlord’s prior written consent, which consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord withhold in its discretion may deem reasonable or desirablesole discretion. Notwithstanding the foregoing, Tenant shall use have the right, without Landlord’s designated mechanical consent to perform non-structural Alterations to the Leased Premises provided that Tenant complies with all Applicable Laws. As to any Alterations which Tenant is required hereunder to perform or to which Landlord consents, such work shall be performed strictly in accordance with plans and electrical specifications therefor first approved in writing by Landlord, which Landlord shall provide in writing from Landlord to Tenant given within ten (10) days after Landlord receives Tenant’s plans and specifications). Upon completion of any Alterations by Tenant, Tenant shall provide Landlord with such documents as Landlord may reasonably require (including, without limitation, sworn contractors, obtain all required permits ’ statements and supporting lien waivers) evidencing payment in full for such work. In the event Tenant makes any Alterations and shall perform the work not in compliance with all applicable lawsthe provisions of this Section 9.2, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, upon written notice from Landlord, promptly remove such Alterations and restore the Leased Premises to their condition immediately prior to the making thereof. If Tenant fails so to remove such Alterations and restore the Leased Premises as aforesaid, Landlord may, at its expenseoption, furnish and in addition to all other rights or remedies of Landlord with as-built drawings under this Lease, at law or in equity, enter the Leased Premises and CAD disks compatible with Landlord’s systems. Unless perform said obligation of Tenant and Tenant shall reimburse Landlord otherwise agrees in writingfor the cost to Landlord thereof, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of immediately upon being billed therefor by Landlord. Such Alterations entry by Landlord shall not be surrendered with the Premises at the end deemed an eviction or disturbance of Tenant’s use or possession of the TermLeased Premises nor render Landlord liable in any manner to Tenant, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, extent of Landlord’s negligence or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedwillful misconduct.

Appears in 1 contract

Samples: Escrow Agreement (Global Power Equipment Group Inc.)

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Alterations. Tenant In the event that Subtenant desires to make alterations, additions or improvements to the Sublease Premises, Subtenant shall concurrently provide to each of Sublandlord and Master Landlord, in accordance with the notice provisions herein, a description of the proposed alterations, additions or improvements, together with and a copy of the proposed plans and specifications for review and approval. Subtenant shall make no alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”) in or to the Sublease Premises without the prior written consent of both Sublandlord and, if required by the Master Lease, Master Landlord. The parties acknowledge that Sublandlord may undertake certain Alterations at the Building, which Alterations will not exceed $100,000.00 in cost in any 12-month period, without the consent of Master Landlord pursuant to Section 6.03 of the Master Lease. Subtenant understands and agrees that Sublandlord shall allocate portions of such Alterations to the various subtenants at the Building in Sublandlord’s sole discretion, and may imposeallocate all, some or none of such Alterations to the Sublease Premises as Sublandlord may from time to time determine is appropriate. Sublandlord shall not unreasonably withhold, condition or delay its consent to any proposed alteration, addition or improvement. Notwithstanding the foregoing, it shall not be unreasonable for Sublandlord to withhold consent to any alteration, addition or improvement for which Master Landlord does not provide consent. Sublandlord shall give its consent or reasons for failure to consent to any proposed alteration, addition or improvement within ten (10) business days after Sublandlord has received from Subtenant a condition to its consentdescription of the proposed alterations, any requirements that Landlord in its discretion may deem reasonable additions or desirableimprovements together with and a copy of the proposed plans and specifications. Tenant shall use Landlord’s designated mechanical and electrical contractorsAny such approved alterations, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord additions or improvements shall be entitled to a supervision fee installed in accordance with the amount of 5% terms of the cost of Master Lease. In the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plansevent that Subtenant makes any such alterations, and additions or improvements, Subtenant shall restore the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Sublease Premises at the end expiration or earlier termination of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area Sublease Term to its pre-condition existing conditionas of the Sublease Commencement Date, reasonable wear and tear excepted, unless Master Landlord otherwise agrees in writing. If Master Landlord agrees in writing that any alterations, additions or improvements installed by Subtenant may remain in the Sublease Premises upon the expiration or earlier termination of this Sublease, Sublandlord shall not have the right to require that Subtenant remove those alterations, additions or improvements upon the expiration or earlier termination of this Sublease. The parties acknowledge that Subtenant intends to perform certain alterations at the inception of this Sublease (the “Initial T.I’s”), as more fully set forth in Exhibit D hereto. Subject to Master Landlord’s consent to the Initial T.I.’s, Sublandlord consents to the Initial T.I.’s. Master Landlord’s consent to the Initial T.I.’s is a condition precedent to this Sublease being effective as between Sublandlord and Subtenant.

Appears in 1 contract

Samples: Niku Corp

Alterations. Except for cosmetic alteration projects that do not exceed $18,140.00 during each calendar year and that satisfy the criteria in the next following sentence (which work shall require notice to Landlord but not Landlord’s consent), Tenant shall make no alterations, additions, decorations, decorations or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirablerequirements. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Except for cosmetic Alterations not requiring a permit, Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Datetime of Landlord’s approval, require Tenant to remove by the Expiration Date, Date or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cablingany Tenant Improvements constructed pursuant to the Work Letter) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease (Connect Biopharma Holdings LTD)

Alterations. Except for cosmetic alteration projects that do not exceed $125,000.00 during each calendar year and that satisfy the criteria in the next following sentence (which work shall require notice to Landlord but not Landlord’s consent), Tenant shall make no alterations, additions, decorations, decorations or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord’s consent shall not be unreasonably withheld as long as the proposed Alterations do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (“Standard Improvements”). Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Without limiting the generality of the foregoing, Tenant shall use Landlord’s designated mechanical and electrical contractorscontractors for all Alterations work affecting the mechanical or electrical systems of the Building. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to Landlord. Tenant shall obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. , and except for cosmetic Alterations not requiring a permit, Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord, Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Datesimultaneously with Landlord’s consent, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”), and to replace any non-Standard Improvements with the applicable Standard Improvements, Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the subject Alterations are Required Removables. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease (Axonics Modulation Technologies, Inc.)

Alterations. Except for cosmetic alteration projects that do not exceed $100,000.00 and that satisfy the criteria in the next following sentence (which work shall require notice to Landlord but not Landlord’s consent), Tenant shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord’s consent shall not be unreasonably withheld as long as the proposed Alterations do not materially and adversely affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only materials equal to or greater in quality to the existing finishes or Landlord’s building standard materials if no similar existing materials exist (“Standard Improvements”). Within 10 days after receipt of Tenant’s request in accordance with the terms of this paragraph, Landlord shall provide a written response to Tenant. In the event Landlord fails to give or withhold its consent to any Alterations within 10 days of Tenant’s request, Tenant shall have the right to provide Landlord a second request for consent. Tenant’s second request for consent must specifically state that Landlord’s failure to respond within a period of 10 days shall be deemed an approval by Landlord. If Landlord fails to respond continues for 5 days after receipt of Tenant’s second request for consent, the request shall be deemed approved. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Without limiting the generality of the foregoing, unless Landlord otherwise agrees in writing, Tenant shall use Landlord’s designated mechanical and electrical contractorscontractors for all Alterations work affecting the mechanical or electrical systems of the Building. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to Landlord. Tenant shall obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. , and except for Alterations not requiring a permit, Landlord shall be entitled to a supervision fee in the amount of 53% of the cost of actual hard costs associated with the Alterations. Any request for Landlord’s consent to Alterations shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by TenantTenant unless Tenant uses architectural, electrical and HVAC consultants that are approved by Landlord or part of the Landlord’s pre-qualified vendors, in which case Tenant will not be obligated to pay for Landlord’s review. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior the time of Landlord’s consent to the Expiration DateAlterations, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations not consistent with the original Tenant Improvements (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the subject Alterations are Required Removables. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted. Notwithstanding anything to the contrary in this paragraph 7.3 or elsewhere in the Lease, Landlord agrees Tenant’s interior design, furnishings and decoration of the Premises are not Alterations requiring the consent or other input of Landlord.

Appears in 1 contract

Samples: Lease (Clean Energy Fuels Corp.)

Alterations. Tenant shall make no Tenant, may, without Xxxxxxxx's prior consent, but with prior written notice to Landlord, install alterations, additions, decorationsor improvements to the interior of the Premises costing $10,000 or less in any calendar year; so long as the alterations, additions, or improvements (collectively referred i) are nonstructural, (ii) do not affect Building systems, and (iii) are not visible from the exterior of the Premises ("Permitted Alterations"). Tenant shall not make any alterations to as “the Premises, or to the Project, including any changes to the existing landscaping, except for Permitted Alterations”) , without Landlord's prior written consent. With respect to any alterations, Landlord may post notices in accordance with the laws of the state in which the premises are located. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, except that Landlord may elect to require Tenant to remove any alterations which Tenant may have made to the Premises and to restore the Premises to the condition existing as of the Commencement Date. Landlord may make such election at any time, except that at the time of requesting Xxxxxxxx's consent to a specific alteration, Tenant may also at such time ask Landlord in writing to elect whether Tenant must remove the same at the end of the Term, and upon such request Landlord agrees to indicate at the time of granting consent (if the same is granted) as to whether Tenant must remove the same. If Landlord elects to have Tenant remove an alteration, Tenant at its sole cost shall restore the Premises to the condition designated by Landlord in its election, before the last day of the term or within thirty (30) days after notice of its election is given, whichever is later. All such restoration and repair work, including without limitation the patching and spackling walls, shall be performed by a contractor approved of in advance by Landlord. Should Landlord consent in writing to Tenant's alteration of the Premises, Tenant shall contract with a contractor approved by Landlord for the construction of such alterations, shall secure all appropriate governmental approvals and permits, and shall complete such alterations with due diligence in compliance with plans and specifications approved by Landlord. Prior to commencing any work, Xxxxxx's contractor(s) shall provide Landlord with proof of commercial general liability insurance satisfactory to Landlord in its discretion, and Landlord may require that Landlord and its property manager be named as additional insureds and be beneficiaries of a waiver of subrogation with respect to such insurance. All such construction shall be performed in a manner which will not interfere with the quiet enjoyment of other tenants of the Project. Tenant shall pay all costs for such construction and shall keep the Premises and the Project free and clear of all mechanics' liens which may result from construction by Tenant. Tenant shall not use any portion of the common areas in connection with an alteration without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Basic Lease Terms (Cellcyte Genetics Corp)

Alterations. Tenant Lessee shall make no alterationsnot, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord may imposeLessor, as a condition to its consentmake any alterations, any requirements that Landlord in its discretion may deem reasonable improvements or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed additions to the Premises. If Lessor consents to said alterations, improvements or additions, it may impose such conditions with respect thereto as Lessor deems appropriate, including without limitation requiring Lessee to furnish Lessor with security for the payment of all Tenant Improvements constructed pursuant costs to be incurred in connection with such work and the plans and specifications together with all permits necessary for such work. The work necessary to make any alterations, improvements or additions to the Work Letter (premises shall be done at Lessee's expense by employees of or contractors hired by Lessor except to the extent Lessor gives its prior written consent to Lessee's hiring contractors. Lessee shall promptly pay to Lessor or to Lessee's contractors, as otherwise provided the case may be, when due, the cost of all such work and of all decorating required by reason thereof. Upon completion of such work, Lessee shall deliver to Lessor, if payment is made directly to contractors, evidence of payment, contractor's affidavits and full final waivers of all liens for labor, services or materials. Lessee shall defend and hold Lessor and the Land and the Building harmless from all costs, damages, liens, and expenses related to such work. Lessor reserves the right to require separate documentation in the Work Letter)event it elects to have third-party financing of any improvements to be performed by Lessor. All work done by Lessee or its contractors shall be done in a first-class, but excluding moveable trade fixtures workmanlike manner, using only good grades of materials and furnitureshall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies. All alterations, improvements and additions to the premises, whether temporary or permanent in character, made or paid for by the Lessor or Lessee shall become the Lessor's property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this LeaseLease and shall, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectivelyunless Lessor requests their removal, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage be relinquished to the Premises arising from that removal and shall restore the affected area to its pre-existing Lessor in good condition, reasonable ordinary wear and tear excepted.

Appears in 1 contract

Samples: Asset Purchase Agreement (Susquehanna Media Co)

Alterations. Other than Landlord’s Work and Tenant’s Work, which shall be governed by Exhibit C, Tenant shall not make no alterations, additions, decorationsany alterations to the Premises, or to the Project, including any changes to the existing landscaping, without Landlord’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant shall have the right to make alterations and improvements (collectively referred to as “Alterations”) to the Premises without Landlord’s consent (but only after having provided not less than 15 days prior written notice to Landlord) where the same (i) will not materially affect the structural components of the building in which the Premises is located or the building systems, and (ii) will not exceed the cost of $10,000. If Landlord gives its consent to alterations, Landlord may post notices of non-responsibility in accordance with the laws of the state in which the premises are located. Tenant may, at the time of requesting Landlord’s consent to alterations, further request in writing that Landlord elect, at the time of granting consent, whether such alterations must be removed upon termination of the Lease. If Tenant so requests, Landlord shall make such election at the time of granting consent to the alteration (or if no consent is required, then within fifteen days of Tenant’s request). Failure of Landlord to respond to Tenant’s request shall be deemed an election that the alteration need not be removed on termination of this Lease. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, except that Landlord may, within 30 days before or 30 days after expiration of the term, elect to require Tenant to remove any alterations which Tenant may have made to the Premises except such alterations as Tenant has received consent to leave as provided above. If Landlord elects to require removal of an alteration, at its own cost Tenant shall restore the Premises to the condition designated by Landlord in its election, before the last day of the term or within 30 days after notice of its election is given, whichever is later. Should Landlord consent in writing to Tenant’s alteration of the Premises, Tenant shall contract with a contractor approved by Landlord for the construction of such alterations, which approval shall not be unreasonably withheld, delayed or conditioned, shall secure all appropriate governmental approvals and permits, and shall complete such alterations with due diligence in compliance with plans and specifications reasonably approved by Landlord. All such construction shall be performed in a manner which will not unreasonably interfere with the quiet enjoyment of other tenants of the Project. Tenant shall pay all costs for such construction and shall keep the Premises and the Project free and clear of all mechanics’ liens which may result from construction by Tenant. Tenant shall not use any portion of the common areas in connection with an alteration without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Letter Agreement (Blue Nile Inc)

Alterations. Section 8.1 Tenant shall not make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) any alterations to the Premises without the prior first obtaining Landlord's written consent thereto; provided, however, Tenant may make decorative or cosmetic changes (e.g., installing shelving, hanging pictures, moving computer or telephone cabling within the Premises) within the Premises without first obtaining Landlord's consent, so long as the cost of such decorative or cosmetic changes being performed at any one time do not exceed $1,000.00. 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 may impose, as a condition withhold its consent to its consent, any requirements that Landlord such alteration in its discretion sole discretion. Without in any way limiting Landlord's consent rights, Landlord may deem reasonable or desirable. withhold its final consent to any alteration until (a) Landlord is satisfied that the contractor proposed by Tenant shall use Landlord’s designated mechanical to make such alterations, and electrical contractorsthe insurance coverage to be provided by Contractor in connection with the work, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors 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; provided, however, Landlord shall give its preliminary consent, if at all, prior to Tenant obtaining such approval. 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 sole cost and expense. Tenant shall keep the Project, the Building and the Premises and Landlord's interest therein free from any liens arising from any work performed, materials furnished, or obligations incurred by, or on behalf of, Tenant. Notice is hereby given that neither Landlord nor any mortgagee or lessor of Landlord shall be entitled liable for any labor or materials furnished to Tenant 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 shall either discharge and cancel such lien of record or post a supervision fee in 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 5% of such lien without inquiry into the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plansvalidity thereof, and the reasonable cost of that review Landlord shall be promptly reimbursed by Tenant. Should the Alterations proposed , as Additional Rent, for all amounts so paid by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter)expenses, but excluding moveable trade fixtures interest, and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedattorneys' fees actually incurred.

Appears in 1 contract

Samples: Lease Agreement (Viryanet LTD)

Alterations. Except for cosmetic alterations and projects that do not exceed $15,000.00 during any calendar year of the Term, that do not require a permit from the City of Milpitas and that satisfy the criteria in the next following sentence (which cosmetic work shall require notice to Landlord but not Landlord’s consent), Tenant shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord’s consent shall not be unreasonably withheld as long as the proposed Alterations do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (“Standard Improvements”). Landlord may impose, as a condition to its consent, any requirements that Landlord in its reasonable discretion may deem reasonable or desirable. Without limiting the generality of the foregoing, Tenant shall use Landlord’s designated mechanical and electrical contractorscontractors for all Alterations work affecting the mechanical or electrical systems of the Building. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to Landlord. Tenant shall obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. , and except for cosmetic Alterations not requiring a permit, Landlord shall be entitled to a supervision fee in the amount of 53% of the cost of the Alterations. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable and actual out-of-pocket cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term. Notwithstanding the foregoing, except that Landlord may, shall have the right by written notice to Tenant given at least 30 days prior the time of Landlord’s consent to the Expiration Date, any Alterations requested by Tenant to require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”), and to replace any non-Standard Improvements with the applicable Standard Improvements. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the subject Alterations are Required Removables. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease (Aviat Networks, Inc.)

Alterations. Tenant shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee provide Tenant with an allowance in the amount of 5% Four Hundred Thousand and NO/100 Dollars ($400,000.00) (the "TENANT ALLOWANCE") solely for the payment of costs associated with the alteration, addition, repair and/or improvement of the cost Premises (the "TENANT IMPROVEMENTS"). The Tenant Allowance shall be used only to reimburse Tenant for the costs of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plansdesign, construction, permits, consultants, fixtures, and expenses directly associated with the reasonable cost Tenant Improvements. In no event shall Tenant be entitled to any credit or benefit for any unused portion of that review the Tenant Allowance over the amount expended for completion of the Tenant Improvements, and any sums not applied to the Tenant Improvements by January 31, 2005, shall be reimbursed deemed forfeited by Tenant. Should the Alterations proposed by Tenant Any and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant shall be made in accordance with the terms and conditions applicable to the Work Letter (except Alterations, as otherwise provided set forth in the Work LetterLease including, without limitation, Paragraph 14 and Landlord's prior written approval in accordance with Paragraph 14 of any Alterations prior to commencing construction of the same. Prior to commencing construction of the Tenant Improvements, Tenant shall (a) provide to Landlord for Landlord's written approval the name of the contractor which Tenant proposes to engage for construction of the Tenant Improvements (together with evidence of insurance, references and such other documentation as Landlord may reasonably request), but excluding moveable trade fixtures and furniture, shall become the property of (b) submit to Landlord for Landlord. Such Alterations shall be surrendered 's written approval in accordance with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone Paragraph 14 working drawings and data cabling) installed either by Tenant or by Landlord at Tenant’s request plans (collectively, the “Required Removables”)"WORKING PLANS") for the Tenant Improvements, which shall be compatible with the design, construction and equipment of the Building, and shall comply with all applicable governmental laws, codes or ordinances including, without limitation, the ADA. In connection If Landlord disapproves the Working Plans, then Tenant shall correct any problem or deficiency and shall re-submit the revised Working Plans to Landlord for approval. Tenant shall allow sufficient time prior to the commencement of the Tenant Improvements for Landlord to enter the Premises and post appropriate notices to avoid liability to contractors or material suppliers for payment for any of the Tenant Improvements. Landlord shall, from time to time, disburse the Tenant Allowance, or portions thereof, within twenty (20) days following (i) Landlord's receipt of a written statement and accompanying sufficiently detailed evidence showing the work has been completed along with its removal copies of Required Removableslien releases and waivers from all contractors who completed work on the Tenant Improvements, and (ii) Landlord's inspection of the Premises and verification of the completion of such work. Notwithstanding anything in the Lease to the contrary, upon the expiration or earlier termination of the Lease, Tenant shall repair not be required to remove any damage to of the Premises arising from that removal and shall restore Tenant Improvements constructed with the affected area to its pre-existing condition, reasonable wear and tear exceptedTenant Allowance.

Appears in 1 contract

Samples: Lease (Infocrossing Inc)

Alterations. Tenant Subtenant shall not make no any alterations, additions, decorations, or additions and improvements (collectively referred to as “Alterations”) in or to the Sublease Premises without obtaining the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Sublandlord and Master Landlord in accordance with Section 5 of the Master Lease. Subject to the terms and conditions of the Master Lease, Subtenant will have the right, subject to approval by Sublandlord and Master Landlord, which may be withheld or granted as set forth in the Master Lease, to make alterations to the Sublease Premises, including but not limited to the addition of offices and conference rooms, modification of the demo room and other alterations. Sublandlord shall not unreasonably withhold such consent and shall request that Master Landlord provide such consent (where Sublandlord has consented) which request shall be at Subtenant’s sole cost and expense. All Alterations shall be made at Subtenant’s sole expense and by contractors or mechanics approved by Sublandlord and Master Landlord (which consent as to Sublandlord shall not be unreasonably withheld or delayed) shall be made at such times and in such manner as Sublandlord may from time to time designate, and shall at its discretion may deem reasonable option become the property of Sublandlord without its obligation to pay therefore; provided, however, that Sublandlord shall bear the cost, if any, for removing any such Alterations that so become the property of Sublandlord. All work with respect to any Alterations shall be performed in a good and workmanlike manner, shall be of a quality equal to or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits exceeding the then existing construction standards for the Alterations Building and shall perform the work be constructed in compliance with all applicable plans approved by Sublandlord and Master Landlord. Alterations shall be diligently prosecuted to completion to the end that the Sublease Premises shall be at all times a complete unit except during the period necessarily required for such work. All Alterations shall be made strictly in accordance with all laws, regulations and ordinances relating thereto, including all building codes. Subtenant at its expense shall obtain any and all permits and consents of applicable governmental authorities (collectively “Permits”) in connection with contractors reasonably acceptable to Landlordall Alterations. Landlord Subtenant shall be entitled liable to Sublandlord and Master Landlord for the reasonable costs of any improvements to the Building (whether or not on the Sublease Premises) which may be required as a supervision fee consequence of Subtenant’s Alterations. No interior improvements installed in the amount of 5% Sublease Premises may be removed unless the same are promptly replaced with interior improvements of the cost same or better quality. Sublandlord hereby reserves the right to require any contractor, subcontractor or materialman working in or providing materials to the Sublease Premises to provide lien waivers and builder’s risk and liability insurance covering the Alterations to the Sublease Premises as reasonably required by Master Landlord or Sublandlord. Subtenant shall give Master Landlord and Sublandlord ten (10) days written notice prior to the commencement of any Alterations and shall allow Master Landlord and Sublandlord to enter the Sublease Premises and post appropriate notices to avoid liability to contractors or material suppliers for payment for any Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, All Alterations (whether made by Sublandlord or Subtenant) shall remain in and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Sublease Premises as a part thereof at the end termination of this Sublease, without disturbance, molestation or injury, provided that Master Landlord and/or Sublandlord may require any Alterations to be removed upon termination of this Sublease in accordance with Article 14 of the TermMaster Lease. In such event, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant all expenses to remove by the Expiration Date, or sooner termination date of this Lease, all or any said Alterations (including without limitation whether made by Sublandlord or Subtenant) shall be paid by Subtenant. Subtenant shall comply at its sole expense with all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, provisions of the “Required Removables”). In connection with its Master Lease regarding removal of Required Removablespersonal property, Tenant shall including furniture, fixtures and equipment, at the termination of the Sublease and repair any damage to of the Sublease Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedrequired by such removal.

Appears in 1 contract

Samples: Sublease (Bluearc Corp)

Alterations. Tenant (a)Except as expressly provided in Paragraph 41 and Exhibit D, and except for Cosmetic Alterations (as defined below),Tenant shall make no alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”) to the Premises or install fixtures in the Premises without first obtaining Landlord's consent, which consent shall not be unreasonably withheld. In no event, however, may the prior written 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, Building mechanical, utility or life safety systems, or the Building facade. At the time such consent is requested, Tenant shall furnish to Landlord a description of Landlordthe proposed work, including detailed specifications and floor plans, 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 may impose, require reasonable changes to such plans and specifications as a condition to the granting of its consent. In addition Landlord, may require as a condition to the granting of such consent to any requirements work costing in excess of one month’s Base Rent (at the rate then in effect) 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 (1.5) times any and all estimated costs of the proposed work, to insure Landlord in its discretion may deem reasonable or desirableagainst any liability from mechanics' and materialmen's liens and to insure completion of the work. Before commencing any work, Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for give Landlord at least five (5) days written Exhibit 10.1 notice of the Alterations and shall perform the proposed commencement of such work in compliance with all applicable lawsorder to give Landlord an opportunity to prepare, regulations post and ordinances with contractors reasonably acceptable record such notice as may be permitted by law to protect Landlord. Landlord shall be entitled to a supervision fee 's interest in the amount Premises and the Building from mechanics' and materialmen's liens. Within a reasonable period following completion of 5% 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. As used in this Lease, “Cosmetic Alterations” shall mean (i) replacement of carpeting or wall coverings, paint, and affixing in a reasonable and customary manner to the walls and ceilings of the cost Premises audio-visual and CCTV systems and equipment (and technological innovations that supplement or supplant the same), provided the latter do not fall within (B) below and/or require extra strengthening of the Alterations. Landlord may elect affected wall or ceiling or special support or bracing; and (ii) any other alterations, additions and improvements to cause its architect to review Tenant’s architectural plans, and the reasonable cost of Premises that review shall be reimbursed by Tenant. Should (A) are not visible from the Alterations proposed by Tenant and consented to by Landlord change the floor plan exterior of the Premises, then Tenant shall(B) do not affect the Building’s structure or materially, at its expenseadversely affect the Building’s mechanical, furnish Landlord with as-built drawings electrical, plumbing and CAD disks compatible with Landlord’s systemsfire/life safety systems and (C) do not cost in excess of $25,000 in any instance. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Cosmetic Alterations shall be surrendered with not include any installations on the roof of the Building or the affixing to walls or ceilings of the Premises at any audio-visual or CCTV systems and equipment or any technological innovations that supplement or supplant the end same which require special support, bracing or strengthening of the Termaffected wall or ceiling or that adversely affect the Building’s mechanical, except that Landlord maytechnical, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, plumbing or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedfire/life safety systems.

Appears in 1 contract

Samples: Lease (RingCentral Inc)

Alterations. Tenant shall make no alterations, additions, decorations, additions or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord's consent shall not be unreasonably withheld as long as the proposed changes do not adversely affect the structural, electrical or mechanical components or systems of the Building and are not visible from the exterior of the Premises. Landlord may impose, as a condition to its consent, any reasonable requirements, including but not limited to (i) a requirement that any work anticipated to cost in excess of $175,000.00 be covered by a lien and completion bond satisfactory to Landlord and (ii) requirements that Landlord in its discretion may deem reasonable or desirableas to the manner, time, and contractor 13 for performance of the work. Without limiting the generality of the foregoing, Tenant shall use Landlord’s 's designated mechanical and electrical contractors, contractors for all work affecting the mechanical or electrical systems of the Building. Tenant shall obtain all required permits for the Alterations work and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlordordinances. Landlord shall be entitled to a supervision fee in the amount of five percent (5% %) of the cost of the Alterationswork if Landlord or its management agent for the Project is actively involved in the supervision of the work. Landlord may elect to cause its architect to review Tenant’s architectural plans, and Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the reasonable cost of that review Premises. Any request for Landlord's consent shall be reimbursed by Tenant. Should made in writing and shall contain architectural plans describing the Alterations proposed by Tenant and consented work in detail reasonably satisfactory to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations alterations, additions or improvements affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter Premises (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, ) shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior the time of Landlord's consent to the Expiration Datealteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone alterations, decorations, fixtures, additions, improvements and data cabling) the like installed either by Tenant or by Landlord at Tenant’s 's request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall and to repair any damage to the Premises arising from that removal and removal. However, Tenant shall restore be required to fund the affected area cost of removing an improvement shown in the "Plan" (as defined in Exhibit X hereto) only to its pre-existing conditionthe extent so specifically provided in Exhibit X. Except as otherwise provided in this Lease or in any Exhibit to this Lease, reasonable wear and tear exceptedshould Landlord make any alteration or improvement to the Premises at the request of Tenant, Landlord shall be entitled to prompt reimbursement from Tenant for all costs reasonably incurred.

Appears in 1 contract

Samples: Quest Software Inc

Alterations. Tenant shall not make no any improvements, alterations, additions, decorations, additions or improvements installations in or to the Premises (collectively hereinafter referred to as “Alterations”the "Work") without Landlord's prior written consent, which consent shall not be unreasonably withheld, delayed or conditioned. Notwithstanding the preceding sentence, Tenant need not obtain Landlords consent to Work in any single instance where the projected cost of such Work is less than Ten Thousand Dollars ($10,000) but only if no part of such Work will be visible from anywhere outside of the Premises. Along with any request for Landlord's consent and before commencement of the Work or delivery of any materials to be used in the Work to the Premises without or into the prior written consent Facility, Tenant shall furnish Landlord with plans and specifications, names and addresses of Landlordcontractors and necessary permits and licenses. Tenant agrees to defend and hold Landlord forever harmless from any and all claims and liabilities of any kind and description that may arise out of or be connected in any way with said improvements, alterations, additions or installations. All Work shall be done only by contractors or mechanics reasonably approved by Landlord and at such time and in such manner as Landlord may imposefrom time to time reasonably designate. All Work done by Tenant, its agents, employees, or contractors shall be done in such a manner as a condition to its consentavoid labor disputes. Except as provided in Section 4.02 hereof, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of pay the cost of all such improvements, alterations, additions or installations and also the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural planscost for restoring, or repairing the Premises and the reasonable cost of that review shall be reimbursed Facility occasioned by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premisessuch improvements, then Tenant shallalterations, at its expenseadditions or installations, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable ordinary wear and tear excepted. Upon completion of the Work, Tenant shall furnish Landlord with final waivers of liens. The Work shall comply with all insurance requirements and all laws, ordinances, rules and regulations of all governmental authorities and shall be constructed in a good and workmanlike manner. Tenant shall permit Landlord to inspect construction operations in connection with the Work. Tenant shall not be allowed, without Landlord's reasonable approval, to perform such Work if such action would materially interfere with Landlord's operation of the Facility.

Appears in 1 contract

Samples: Lease (SBS Technologies Inc)

Alterations. Tenant shall will have the limited right to make no alterations, additions, decorations, or improvements additions and installations to the Leased Premises (collectively referred to as all such alterations, additions and installations, “Alterations”) at its own expense, from time to time during the Lease Term, provided that Tenant has received the prior written consent of Landlord for any Alterations that (i) affect any Building Systems, the roof of the Building or the Parking Garage, the foundation of the Building or the Parking Garage or (ii) cost $250,000 or more in any one instance or in a series of instances related to the same Alterations, which consent will be granted or withheld in Landlord’s reasonable discretion; provided, however, that Tenant may install trade fixtures, including infrastructure necessary for broadcast operations, racking, security and telecommunication systems, without reference to such monetary limits or consent requirements; and provided, further, that Tenant complies with the reasonable and customary requirements of Landlord as provided in Paragraph D below. Tenant will immediately notify Landlord of any such matter. Notwithstanding anything herein to the contrary, Tenant will make no structural Alterations to the Leased Premises without obtaining the prior written consent of Landlord. , which consent will be in Landlord’s sole discretion, which consent may be granted, withheld or conditioned upon such requirements as Landlord may impose, as a condition to its consent, any requirements that Landlord deem necessary in its discretion may deem reasonable or desirablesole discretion. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain All Alterations will at all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall times be entitled made to a supervision fee in standard that is equal to or better than the amount of 5% of Building Standard. All Alterations made to the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed Leased Premises by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall will become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end Landlord upon surrender of the Term, except that Leased Premises unless Landlord mayelects, by written notice to Tenant given at least 30 days prior to the Expiration Dateexpiration of the Lease Term, to require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at such items upon Tenant’s request (collectivelysurrender of the Leased Premises, in which case Tenant will, at its sole expense, prior to surrender of the “Required Removables”). In connection with its removal of Required RemovablesLeased Premises, Tenant shall repair remove such items and restore any damage to the Leased Premises arising from that removal and shall restore the affected area unless otherwise agreed to its pre-existing condition, reasonable wear and tear exceptedin writing by Landlord.

Appears in 1 contract

Samples: Commercial Lease (Starz)

Alterations. Tenant Subtenant shall make no alterationsalterations or changes (collectively, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Subleased Premises or the Building of any kind or nature without the Sublandlord’s prior written consent of Landlord. Landlord may impose, as a condition to its consent, which consent shall not be unreasonably withheld, conditioned or delayed. It is agreed that it will be reasonable for Sublandlord to withhold its reasonable consent to any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Alterations if Subtenant has not obtained Original Sublandlord’s and Landlord’s designated mechanical and electrical contractorsreasonable consent to such Alterations, obtain all to the extent that Landlord’s consent to such Alterations is required permits for pursuant to Section 12 of the Alterations and shall perform the work in compliance Original Lease. In addition, Sublandlord’s consent may be conditioned upon Subtenant complying with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost provisions of Section 12 of the AlterationsOriginal Lease. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant Sublandlord shall, at its expensethe time of granting consent to any Alterations, furnish Landlord with as-built drawings and CAD disks compatible with provide to Subtenant in writing Sublandlord’s reasonable determination of whether Subtenant shall be required to remove such Alteration upon the expiration or earlier termination of the Sublease Term. Without limiting the generality of the foregoing, wherever Landlord’s systemsconsent or approval is required, or wherever information, documentation, sums of money, or other items are required to be delivered to Landlord pursuant to Section 12 of the Original Lease, Sublandlord’s and Original Sublandlord’s consent and approval shall also be required, and Subtenant shall also be required to make all such deliveries to Sublandlord (provided, however, Subtenant shall not be obligated to pay any review, supervisory or other fee to Sublandlord in connection with any Alterations by Subtenant). Unless Landlord otherwise agrees in writingAny review or approval by Sublandlord of any Alterations or any plans and specifications with respect to any Alterations, all Alterations affixed is solely for Sublandlord’s benefit, and without representation or warranty to Subtenant with respect to the Premisesadequacy, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter)correctness or efficiency thereof, but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered their compliance with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, law or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedotherwise.

Appears in 1 contract

Samples: Sub Sublease Agreement (Looksmart LTD)

Alterations. (a) Tenant shall make no alterations, additions, decorations, changes in or improvements (collectively referred to as “Alterations”) to the Demised Premises of any nature without Landlord’s prior written consent which consent shall not be unreasonably withheld or delayed, provided, however, that Tenant shall be entitled to make installations, alterations or additions costing less than $5,000.00 and which do not affect the mechanical, electrical, plumbing or structural systems of the Building, without obtaining the prior written consent of Landlord (hereinafter, all changes requiring Landlord’s consent and those not requiring Landlord’s consent will be called “Tenant’s Changes”). All fixtures, equipment and other tenant improvements installed in the Demised Premises by Tenant at its expense which is not consistent with standard office use shall be and shall remain the property of Tenant and shall be removed by Tenant at the expiration of the Lease Term; and provided that Tenant shall repair and restore any damage to the Demised Premises caused by the installation and/or removal of any such fixtures, equipment or other tenant improvements. Subject to the preceding sentence, if Tenant desires to leave any tenant improvements which it has made to the Demised Premises, Tenant may leave such improvements only with the prior written consent of Landlord. Landlord may impose, and such improvements shall then remain as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% part of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, Demised Premises and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlordthe Landlord at the expiration of the Lease Term. Such Alterations Nothing in this Article shall be surrendered with 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 items from the Demised Premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense repair and restore the Demised Premises to substantially the condition existing prior to the installation and Tenant will repair any damage to the Demised Premises or the Building due to such removal. All property permitted or required to be removed by Tenant at the end of the Term, except that Landlord Lease Term remaining in the Demised Premises after Tenant’s removal shall be deemed abandoned and may, by notice to Tenant given at least 30 days prior to the Expiration Dateelection of Landlord, require Tenant to remove by either be retained as Landlord’s property or may be removed from the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or Demised Premises by Landlord at Tenant’s request (collectively, the “Required Removables”)expense. In connection with its removal of Required Removables, Landlord agrees that Tenant shall repair not be required to remove any damage part of Landlord’s Work pursuant to the Premises arising from that removal attached Work Letter, including any halls, doors, corridors, ceiling tiles, and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedcarpeting.

Appears in 1 contract

Samples: Lease Agreement (Clickable Enterprises Inc)

Alterations. Tenant shall make no alterations, additions, decorations, not permit alterations in or improvements (collectively referred to as “Alterations”) to the Leased Premises unless and until Landlord has approved the plans therefor in writing. As a condition of such approval, Landlord may require Tenant to remove the alterations and restore the Leased Premises upon termination of this Lease; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant may, however, make non-structural alterations to the interior of the Leased Premises (excluding the roof) without the prior written such consent of the Landlord but upon notice to the Landlord, as long as they are not visible from the outside, do not involve puncturing, relocating or removing the roof or any existing walls, will not affect the electrical, plumbing, HVAC, and/or life safety systems. Landlord and Tenant acknowledge and agree that Tenant may impose, as install a condition glass insert on storage room to its consent, any requirements that Landlord in its discretion may deem reasonable or desirablemake it a conference room and hang additional cabinets within the Leased Premises. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain ensure that all required permits for the Alterations and alterations shall perform the work be made in compliance accordance with all applicable laws, regulations and ordinances with contractors reasonably acceptable building codes, in a good and workmanlike manner and of quality equal to Landlordor better than the original construction of the Building. Landlord No person shall be entitled to a supervision fee in any lien derived through or under Tenant for any labor or material furnished to the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plansLeased Premises, and the reasonable cost of that review nothing in this Lease shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented construed to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with constitute Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed 's consent to the Premisescreation of any lien. If any lien is filed against the Leased Premises for work claimed to have been done for or material claimed to have been furnished to Tenant, including without limitation Tenant shall cause such lien to be discharged of record within thirty (30) days after filing. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys' fees in connection with any construction or alteration for work performed by or on behalf of Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in with respect to any such costs, losses, expenses or attorneys’ fees result from the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property acts or omissions of Landlord or any affiliate of Landlord). Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice as a precondition to Tenant given at least 30 days prior to the Expiration Dategranting any required consent, require Tenant to, at Landlord's option, to remove utilize Xxxxx Xxxxx Construction, LLC or a subsidiary or affiliate (“Xxxxx Xxxxx”), who shall receive a fee as Landlord's construction manager or general contractor, to perform all work on any alterations to the Leased Premises. Otherwise, any contractors and subcontractors engaged by Tenant for any such alterations shall be subject to Landlord’s prior written consent. Prior to commencing any alterations performed by any contractor other than Xxxxx Xxxxx, Tenant shall: (a) obtain all permits, licenses, and approvals required for Tenant to perform such work; (b) deliver to Landlord: (i) copies of such permits, licenses, and approvals and (ii) evidence reasonably satisfactory to Landlord that Tenant and/or Tenant’s contractor has procured workers’ compensation, general liability, and personal and property damage insurance as Landlord may reasonably require; (c) cause any such work to be performed (i) in accordance with the Expiration Dateplans approved by Landlord and (ii) in a good and workmanlike manner and in compliance with all applicable laws; (d) ensure that all contractors, subcontractors, laborers, and suppliers performing work or supplying materials are paid in full; and (e) during the performance of Tenant’s work, observe and perform all of its obligations under this Lease. iration or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedLease term.

Appears in 1 contract

Samples: Office Sublease

Alterations. Tenant (a) Subtenant shall not make no alterationsor cause, additionssuffer or permit the making of any non-structural alteration, decorationsaddition, change, replacement, installation or improvements (collectively referred to as “Alterations”) addition in or to the Subleased Premises other than moving furniture and installing other furniture, furnishings and trade fixtures which are not affixed to the Subleased Premises or making cosmetic or decorative changes without obtaining the prior written consent of Sublandlord in each instance and, if required pursuant to the Xxxxxxxxx, the consent of the Overlandlord. Such consent by Sublandlord shall not be unreasonably withheld, conditioned or delayed. Subtenant shall not make or cause, suffer or permit the making of any structural or non-structural alteration, addition, change, replacement, installation or addition in or to the Subleased Premises at any time without the prior written consent of Landlordthe Overlandlord and Sublandlord in each instance (which consent from Sublandlord shall be at its sole discretion). Landlord may imposeProvided Sublandlord shall have provided its consent to such alterations, Sublandlord shall use reasonable efforts to obtain the consent of the Overlandlord, if required, as a condition to its consentdetermined by Sublandlord, any requirements that Landlord in its discretion at Subtenant’s sole reasonable cost and expense. Notwithstanding the foregoing, Subtenant may deem reasonable make non-structural alterations, changes, replacements installations or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of additions the cost of each of which do not exceed $50,000.00 without the Alterationsconsent of Sublandlord. Landlord may elect to cause its architect to review Tenant’s architectural plansAny such alteration, and the reasonable cost of that review addition, change, replacement, installation or addition shall be reimbursed by Tenant. Should made only in strict accordance with the Alterations proposed by Tenant terms, conditions and consented to by Landlord change the floor plan provisions of the PremisesXxxxxxxxx. Any such alteration, then Tenant addition, change, replacement, installation or addition shall, at its expenseupon installation, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations Sublandlord and shall be surrendered with the Subleased Premises upon the expiration or earlier termination of this Sublease, unless Sublandlord shall notify Subtenant to remove same; provided that Subtenant shall not be obligated to remove alterations done to the Building standard utilizing finishes and materials substantially similar to those existing in the Subleased Premises as of the date hereof, and with regard to those alterations which are not standard, Sublandlord must notify Subtenant as of the time of Sublandlord’s consent whether the same must be removed at the end of the TermTerm or the earlier termination of this Sublease; provided, except further, that Landlord may, by notice to Tenant given at least 30 days prior to Subtenant shall have the Expiration Date, require Tenant right to remove by its movable furniture, fixtures, furnishings and equipment (excluding, however, all furniture, fixtures, furnishings and equipment and other personal property delivered with possession upon the Expiration Commencement Date, ) upon the expiration or sooner earlier termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at TenantSublease. Sublandlord reserves the right to charge Subtenant a reasonable supervisory fee associated with Subtenant’s request (collectively, the “Required Removables”)alterations. In connection with its removal no event shall the Subtenant be entitled to tint the windows of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedSubleased Premises.

Appears in 1 contract

Samples: Sublease (Patients & Physicians, Inc.)

Alterations. Except for cosmetic alteration projects that do not exceed $100,000.00 during each calendar year and that do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (which work shall require notice to Landlord but not Landlord’s consent), Tenant shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord’s consent shall not be unreasonably withheld as long as the proposed Alterations do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (“Standard Improvements”). Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Without limiting the generality of the foregoing, Tenant shall use Landlord’s designated mechanical and electrical contractorscontractors for all Alterations work affecting the mechanical or electrical systems of the Building. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to Landlord. Tenant shall obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. , and except for cosmetic Alterations not requiring a permit, Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Datetime of Landlord’s approval, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cablingany Tenant Improvements constructed pursuant to the Work Letter) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”), and to replace any non-Standard Improvements with the applicable Standard Improvements. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the subject Alterations are Required Removables. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease (Capitol Investment Corp. V)

Alterations. Tenant shall have the right to make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) non-structural Alterations to the Leased Premises without Landlord’s consent provided the prior written cost does not exceed a total of $200,000 in any calendar year. Any other Alterations shall require Landlord’s consent which shall not be unreasonably withheld or delayed. Any construction performed in the Additional Premises shall not be considered an alteration and shall be governed by Section 3 of this Lease. At the time Tenant requests Landlord. Landlord may impose, as a condition to its ’s consent for any Alterations that require Landlord’s consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical deliver plans and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable specifications to Landlord. Landlord shall be entitled notify Tenant, within ten (10) business days after receipt of Tenant’s plans and specifications, whether Landlord offers to a supervision fee in the amount of 5% of the cost of perform the Alterations, along with a draft construction budget. Tenant shall notify Landlord may elect within 10 business days whether Tenant wishes to cause its architect proceed with the Alterations and whether it elects to review retain Landlord to perform the Alterations in accordance with the construction budget provided by Landlord. In the event Landlord consents to the Alterations but does not to perform the work, Tenant shall comply with the following: (i) not less than 10 business days prior to commencing any Alteration, Tenant shall deliver to Landlord final plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s architectural planscontractors and subcontractors have adequate insurance coverage naming Landlord, and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor which consent shall not be unreasonably withheld, (iii) the reasonable cost of that review Alteration shall be reimbursed constructed with new materials, in a good and workmanlike manner, and in compliance with all Legal Requirements and the plans and specifications delivered to, and approved by TenantLandlord. Should If Landlord is not the Alterations proposed by contractor, Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish shall provide Landlord with as-built drawings plans, in both CAD and CAD disks compatible PDF format, along with Landlord’s systemsback-up disks, upon completion of the work. Unless Landlord otherwise agrees in writing, all All Alterations affixed attached to the PremisesBuilding shall become part of the realty immediately upon installation and, including without limitation all except for Alterations which Landlord requires Tenant Improvements constructed to remove pursuant to the Work Letter (except as otherwise provided in the Work Letter)this Lease, but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Leased Premises without payment by Landlord. If Landlord’s consent to the Alterations is conditioned upon Tenant’s removal of such Alterations at the end expiration or termination of the Lease Term, except that Landlord may, by notice then Tenant will remove the Alterations and will repair any resulting damage and will restore the Leased Premises to Tenant given at least 30 days the condition existing prior to the Expiration DateAlteration. If any contractor performing work on behalf of Tenant files a mechanics lien against the Property, require Tenant then Tenant, within 15 days after receipt of notice that a lien has been filed shall either discharge the lien or post sufficient security in the amount of the lien to remove by guaranty the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedlien.

Appears in 1 contract

Samples: Rocket Pharmaceuticals, Inc.

Alterations. Except in accordance with clause 29, the Tenant shall not make no alterationsany external or structural alteration or addition to the Property and shall not make any opening in any boundary of the Property. The Tenant shall not make any internal, additionsnon-structural alteration to the Property without the consent of the Landlord, decorationssuch consent not to be unreasonably withheld. The Tenant shall not install any Service Media at the Property nor alter the route of any Service Media at the Property without the consent of the Landlord, such consent not to be unreasonably withheld. The Tenant shall not carry out any alteration to the Property which would, or improvements may reasonably be expected to, have an adverse effect on the asset rating in any Energy Performance Certificate commissioned in respect of the Property. Signs The Tenant shall not attach any signs, fascia, awnings, placards, boards, posters and advertisements (collectively referred to as “Alterations”Signs) to the Premises without exterior of the prior written consent Property or display any inside the Property so as to be seen from the outside except such name plate outside the entrance door to the Property stating the name only of Landlord. Landlord may impose, the Tenant as a condition to its consent, any requirements that the Landlord in its reasonable discretion may deem reasonable or desirableapprove. The Tenant shall use Landlord’s designated mechanical allow the Landlord to fix to and electrical contractors, obtain all required permits for keep at the Alterations and shall perform Property (but not so as to interfere with the work in compliance with all applicable laws, regulations and ordinances with contractors Tenant's business) any sale board or re-letting board (during the last six months of this Contractual Term only) as the Landlord reasonably acceptable to Landlordrequires. Landlord shall be entitled to a supervision fee in Returning the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed Property to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at Landlord At the end of the Term, except that Landlord may, by notice to term the Tenant given at least 30 days prior shall return the Property to the Expiration DateLandlord in the repair and condition required by this lease. At the end of the term, require the Tenant shall remove from the Property all fittings and chattels belonging to remove or used by it and all stock (whether or not belonging to it). The Tenant irrevocably appoints the Landlord to be the Tenant’s agent to store or dispose of any fittings, chattels, stock or items it has fixed to the Property and which have been left by the Expiration Date, Tenant on the Property for more than ten working days after the end of the term. The Landlord shall not be liable to the Tenant by reason of that storage or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”)disposal. In connection with its removal of Required Removables, The Tenant shall repair indemnify the Landlord in respect of any damage claim made by a third party in relation to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedstorage or disposal.

Appears in 1 contract

Samples: Dated 2015

Alterations. 3. Tenant shall make no alterations, additions, decorations, changes in or improvements (collectively referred to as “Alterations”) to the Premises demised premises of any nature without Landlord's prior written consent. Subject to the prior written consent of Landlord. Landlord , and to the provisions of this article, Tenant and Tenant's expense, may imposemake alterations, as a condition to its consentinstallments, any requirements that Landlord in its discretion may deem reasonable additions or desirable. Tenant shall use Landlord’s designated mechanical improvements which are non-structural and which do not adversely affect utility services or plumbing and electrical contractorslines, obtain all required permits for in or to the Alterations and shall perform interior of the work in compliance with all applicable laws, regulations and ordinances with demised premises by using contractors reasonably acceptable to or mechanics first approved by Landlord. Landlord shall be entitled to a supervision fee All fixtures and all paneling, partitions, railings and like installations, installed in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural planspremises at any time, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord in Tenant's behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the demised premises unless Landlord, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, the same shall be removed from the premises by Tenant prior to the expiration of the lease, at Tenant’s request (collectively, the “Required Removables”)'s expense. In connection with its Nothing in this article shall be construed to give Landlord title to or to prevent Tenant's removal of Required Removablestrade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at its expense, repair and restore the premises to the condition existing prior to installation and repair any damage to the Premises arising demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the end of the term remaining in the premises after Tenant's removal shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed from that removal the premises by Landlord at Tenant's expense. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall restore deliver promptly duplicates of all such permits, approvals and certificates to Landlord and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such xxxxxxx'x compensation reasonably, general liability, personal and property damage insurance as Landlord may require. If any mechanic's lien or U.C.C. financing statement is filed against the affected area demised premises or the building of which the same forms a part, for work claimed to its pre-existing conditionhave been done for, reasonable wear and tear exceptedor materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within ten days after notice, at Tenant's expense, by filing the bond required by law or otherwise.

Appears in 1 contract

Samples: Lease (Maxwell Shoe Co Inc)

Alterations. Tenant shall make no alterations, additions, decorations, or Landlord acknowledges that it has consented to all alterations and improvements (collectively referred to as “Alterations”) made to the Premises by Tenant prior to the Effective Date, including clean rooms and approximately 12,000 square feet of office space. Tenant shall not make any additional alterations to the Project or the Phase after the Effective Date other than to the Premises (the Premises shall include the outdoor tank farm). Tenant shall not make any additional alterations to the Premises after the Effective Date without the Landlord’s prior written consent of Landlordin each instance which consent shall not be unreasonably withheld or delayed but which may be issued subject to reasonable conditions. If Landlord gives its consent to such alterations, Landlord may imposepost notices in accordance with the laws of the state in which the Premises are located. All alterations other than Tenant’s trade fixtures, as and any equipment and personal property, shall be a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for part of the Alterations Premises and shall perform the work in compliance with all applicable laws, regulations remain on and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end upon expiration or termination of the Termthis Lease, except for those which Landlord elects shall be removed by written notice given during the Lease Term or within sixty (60) days thereafter; provided, however, Landlord hereby agrees that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, it accepts and will not require Tenant to remove by the Expiration Date, at expiration or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either the approximately 12,000 square feet of additional office space added by Tenant or the wiring, or plumbing now or hereafter installed by Landlord Tenant in accordance with the provisions of this Lease. If any alterations are to be removed, Tenant at its own cost shall restore the Premises to the condition existing prior to such alteration being made, before the last day of the term or, if later, within thirty (30) days (or such additional time as reasonably shall be necessary to remove same) of Landlord’s written notice to Tenant to remove the same. Any request for Landlord’s consent to alterations shall be made at least thirty (30) days before any work is commenced and shall be accompanied by (i) detailed and cost plans and specifications for all alterations, and (ii) Tenant’s request written agreement to provide, upon completion of work, a complete set of as-built plans and specifications. Landlord may issue such consent subject to conditions (collectively, the “Required Removables”including but not limited to conditions requiring deposit with Landlord of funds and/or bonds to cover one-third (1/3) of anticipated alteration costs). In connection All alterations shall be constructed only after obtaining Landlord’s prior written consent and only in conformity with its removal all Laws. The issuance of Required RemovablesLandlord’s consent shall not be a waiver of nor any opinion regarding Xxxxxx’s obligation to comply with all Laws. Should Landlord consent in writing to Tenant’s alteration of the Premises, Tenant shall repair any damage contract with a contractor approved by Landlord for the construction of such alterations (which approval shall not be unreasonably withheld or delayed but which may be issued subject to reasonable conditions), shall secure all appropriate governmental approvals and permits, and shall complete such alterations with due diligence in compliance with the plans and specifications approved by Landlord, All such construction shall be performed in a manner which will not unreasonably interfere with the quiet enjoyment of other tenants of the Project. Tenant shall pay all costs for construction of alterations and shall keep this Lease, the Premises arising and the Project free and clear of all liens which may result from that removal work by third parties authorized by Xxxxxx. If any such lien is filed, and not removed within ten (10) days of written notice thereof from Landlord to Tenant, the same shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedbe an event of default hereunder.

Appears in 1 contract

Samples: Lease (Nlight, Inc.)

Alterations. Tenant shall will not make no or cause to be made any material alterations, additions, decorationsor improvements to or of the Premises or any part of the Premises, or attach any fixture of equipment to the Premises, without first obtaining Landlord's written consent. Any alterations, additions, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of consented to by Landlord will be made by Tenant at Tenant's sole cost and expense according to plans and specifications approved by Landlord, and any contractor or person selected by Tenant to make them must first be approved by Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shallrequire, at its expenseoption, furnish that Tenant provide Landlord with as-built drawings at Tenant's sole cost and CAD disks compatible with Landlord’s systemsexpense a lien and completion bond, or payment and performance bond, in an amount equal to a the estimated cost of any contemplated alterations, fixtures, and improvements, to insure Landlord against any liability for mechanics' or materialmen's liens and to ensure the completion of such work. Unless All alterations, additions, fixtures, and improvements, whether temporary or permanent in character, made in or upon the Premises either by Tenant or Landlord otherwise agrees in writing(other than furnishings, all Alterations affixed to the Premisestrade fixtures, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letterand equipment installed by Tenant), but excluding moveable trade fixtures and furniturewill be Landlord's property and, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date Term of this Lease, all or any Alterations (including will remain on the premises without limitation all telephone and data cabling) installed either by Tenant or by compensation to Tenant. If Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removablesrequests, Tenant shall will remove all such alterations, fixtures, and improvements from the Premises and return the Premises to the condition in which they were delivered to Tenant. If Landlord requests, Tenant will remove all such alterations, fixtures, and improvements from the Premises and return the Premises to condition in which they were delivered to Tenant. Upon such removal Tenant will immediately and fully repair any damage to the Premises arising from that removal and shall restore premises occasioned by the affected area to its pre-existing condition, reasonable wear and tear exceptedremoval.

Appears in 1 contract

Samples: Lease Agreement (Fields Technologies Inc)

Alterations. Tenant shall not make no any alterations, improvements, additions, decorations, utility installations or improvements repairs (collectively referred to as “Alterations” or singly as an “Alteration”) to the Premises without Premises, except in accordance with this Section 4.2 and with the prior written consent of Landlord, which Landlord agrees not unreasonably to withhold as to nonstructural Alterations (nonstructural Alterations being those that do not affect the Building’s structure, roof, exterior or mechanical, electrical, plumbing, life safety or other Building systems or architectural design, character or use of the Building or Premises). Without limiting any of the terms hereof, Landlord may imposewill not approve any Alterations requiring unusual expense to readapt the Premises to normal office use on lease termination or increasing the cost of construction, insurance or taxes on the Building or of Landlord’s services to the Premises, unless Tenant first gives assurances or security acceptable to Landlord that such re-adaptation will be made prior to such termination without expense to Landlord and makes provisions acceptable to Landlord for payment of such increased cost. All Alterations made by Tenant shall be made in accordance with plans and specifications which have been approved in writing by the Landlord, pursuant to a duly issued permit, and in accordance with all Laws and Restrictions, the provisions of this Lease and in a good and first-class workmanlike manner using new materials of same or better quality as base building Xxxxxxxxx Xxxxx – AWARE Lease standard materials, finishes and colors, free of all liens and encumbrances. All Alterations shall be performed by a contractor or contractors selected by Tenant and approved in writing by Landlord. Tenant shall pay to Landlord a fee equal to five percent (5%) of the cost of any such Alterations to compensate Landlord for the overhead and other costs it incurs in reviewing the plans therefor and in monitoring the construction of the Alterations. If, as a result of any Alterations made by Tenant, Landlord is obligated to comply with the Americans With Disabilities Act or any other Laws and Restrictions and such compliance requires Landlord to make any improvement or Alteration to any portion of the Building, as a condition to its Landlord's consent, Landlord shall have the right to require Tenant to pay to Landlord prior to the construction of any requirements that Alteration by Tenant, the entire cost of any improvement or alteration Landlord in its discretion may deem reasonable is obligated to complete by such law or desirableregulation. Tenant agrees to obtain or cause its contractor(s) to obtain, prior to the commencement of any work or Alterations, “builder’s all risk” insurance in an amount and with such coverages approved by Landlord and worker’s compensation insurance in the statutorily required amount(s) and evidence of all such insurance shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for be furnished to Landlord prior to the Alterations and shall perform the performance by such contractor(s) or person(s) of any work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlordrespect of the Premises. Landlord shall be entitled have the right to stop any work not being performed in conformance with this Lease, and, at its option, may repair or remove non-conforming work at the expense of Tenant. Tenant hereby indemnifies and holds Landlord harmless from and against any liens, encumbrances and violations of Laws and Restrictions. The filing of any lien or encumbrance, or the violation of Laws and Restrictions, shall constitute a supervision fee in the amount default hereunder. The repair and indemnity obligations of 5% of Tenant hereunder, including Tenant’s obligations to repay Landlord the cost of repairing or removing Alterations, shall survive the Alterationstermination of this Lease. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the All Alterations proposed performed by Tenant and consented in the Premises shall remain therein (unless Landlord directs Tenant to by Landlord change remove the floor plan same on termination or expiration of the Premises, then Tenant shallthis Lease) and, at its expensetermination or expiration, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Termas a part thereof, except that Landlord mayfor Tenant’s usual trade furniture and equipment, by notice if movable, installed prior to or during the Lease term at Tenant’s cost, which trade furniture and equipment Tenant given at least 30 days shall remove in their entirety prior to the Expiration Date, require Tenant to remove by the Expiration Date, termination or sooner termination date expiration of this Lease, all or any Alterations (including without limitation all telephone provided that if Tenant is then in default hereunder, Landlord may direct that no such trade fixtures, furniture and data cabling) installed either by equipment be removed. Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall agrees to repair any and all damage to the Premises arising resulting from that such removal and shall restore (including removal of Tenant’s Alterations directed by Landlord) or, if Landlord so elects, to pay Landlord for the affected area to its pre-existing condition, reasonable wear and tear exceptedcost of any such repairs forthwith after billing therefor.

Appears in 1 contract

Samples: Disturbance and Attornment Agreement (Aware Inc /Ma/)

Alterations. Tenant shall will not make no any alterations, additionsrepairs, decorations, additions or improvements (collectively referred to as “Alterations”) in or to the Premises or add, disturb or in any way change any locks, plumbing or wiring therein without the prior written consent of the Landlord as to the character of the alterations, additions or improvements to be made, the manner of doing the work, and the contractor doing the work. Tenant's request for Landlord's written consent to any such alterations, repairs, additions, or improvements to the Premises ("Alterations") shall be accompanied by reasonably detailed plans and specifications for the Alterations. Landlord may imposeshall provide its written consent within ten (10) business days of receipt of such reasonably detailed plans and specifications or shall provide to Tenant, in writing, its reasons for rejection of such proposed Alterations. If Landlord fails to provide such written consent or provide reasons for rejection within said ten (10) business day period, Landlord shall be deemed to have consented to the Alterations. Notwithstanding the above, Tenant shall be entitled to make cosmetic and decorating Alterations to the Premises wherein the aggregate cost of such Alterations are less than $25,000.00 without Landlord's consent, provided, Tenant must, in all events, notify Landlord of Tenant's Alterations and provide to Landlord copies of plans and specifications detailing the Alterations. Such consent shall not be unreasonably withheld, if such alterations, repairs, additions or improvements are the obligations of Tenant pursuant to this Lease Agreement. All such work shall comply with the applicable governmental laws, ordinances, rules and regulations. The Landlord as a condition to its consent, any requirements that Landlord in its discretion said consent may deem reasonable or desirablerequire a surety performance and/or payment bond from the Tenant for said actions. Tenant shall use Landlord’s designated mechanical agrees to indemnify and electrical contractorshold Landlord free and harmless from any liability, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable lawsloss, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural planscost, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, damage or sooner termination date of this Lease, all or any Alterations expense (including without limitation all telephone and data cablingattorney's fees) installed either by Tenant reasons of any said alteration, repairs, additions or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedimprovements.

Appears in 1 contract

Samples: Lease Agreement (Ebenx Inc)

Alterations. Tenant shall not make no or allow any alterations, additions, decorations, or improvements to the Premises or any part of the Premises (collectively referred to as “Alterations”) to the Premises ), without the Landlord’s prior written consent consent, which shall not be unreasonably withheld, conditioned or delayed, subject to all the terms and conditions of Landlordthis Lease. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable withhold or desirablecondition approval of Alterations that affect the building systems or structure of the Building. Subject to the requirements of the Rules and Regulations attached as Exhibit D and the Tenant shall use Landlord’s designated mechanical Construction Standards and electrical contractorsRequirements attached as Schedule 1 to the Rules and Regulations, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. no Landlord consent shall be entitled to a supervision fee required for Tenant’s installation of furnishings, fixtures, equipment, or decorative improvements, none of which shall either (a) cost more than Five Thousand Dollars ($5,000.00) in the amount of 5% aggregate, or (b) affect Building systems or the structure of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plansBuilding, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan repainting or recarpeting of the Premises, then provided that Tenant shallprovide Landlord seven (7) days notice prior to commencing such work. If and to the extent that any Alterations require improvements to the Premises or to the Building to comply with applicable Legal Requirement (“Compliance Improvements”), at its expenseif Tenant elects to undertake such Alterations, furnish Landlord with as-built drawings and CAD disks compatible with Tenant shall be responsible for the payment of the costs of all such Compliance Improvements. All Alterations shall immediately become Landlord’s systems. Unless Landlord otherwise agrees in writingproperty and, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that shall remain on the Premises without compensation to Tenant, unless Landlord may, elects by notice to Tenant given at least 30 days the time of installation to have Tenant remove any Alterations that are peculiar to Tenant’s use of the Premises and are not normally required or used by other tenants. In this event, Tenant shall bear the cost of restoring the Premises to their condition prior to the Expiration Date, require installment of the Alterations. All Alterations shall comply with the requirements of the Rules and Regulations which are Exhibit D and the Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone Construction Standards and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage Requirements which is Schedule 1 to the Premises arising from that removal Rules and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedRegulations.

Appears in 1 contract

Samples: Office Lease (Java Detour Inc.)

Alterations. Except for cosmetic alteration projects that do not exceed $50,000.00 during each calendar year, that do not require a permit from the City of Irvine and that do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (which work shall require notice to Landlord but not Landlord’s consent), Tenant shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord’s consent shall not be unreasonably withheld, conditioned or delayed as long as the proposed Alterations do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (“Standard Improvements”). Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Without limiting the generality of the foregoing, Tenant shall use Landlord’s designated mechanical and electrical contractorscontractors for all Alterations work affecting the mechanical or electrical systems of the Building. Should Tenant perform any Alterations work that would necessitate any ancillary Building modification or other expenditure by Landlord, then Tenant shall promptly fund the cost thereof to Landlord. Tenant shall obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. , and except for cosmetic Alterations not requiring a permit, Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Any request for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Alterations shall be constructed in a good and workmanlike manner using materials of a quality reasonably approved by Landlord Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Datesimultaneously with Landlord’s consent, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”), and to replace any non-Standard Improvements with the applicable Standard Improvements. Tenant, at the time it requests approval for a proposed Alteration, may request in writing that Landlord advise Tenant whether the Alteration or any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant’s request, Landlord shall advise Tenant in writing as to which portions of the subject Alterations are Required Removables. In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease (Lantronix Inc)

Alterations. Tenant, at Tenant's sole expense, may install necessary trade fixtures, equipment and furniture in the Premises provided that such items are installed and are removable without structural damage to the Building. Said trade fixtures, equipment and furniture shall remain Tenant's property and shall be removed by Tenant prior to expiration of the Term or upon earlier termination of this Lease. Landlord reserves the fight to approve or disapprove of any alterations to the exterior appearance of the Building and any interior improvements visible from outside the Premises on wholly aesthetic grounds. Such improvements must be submitted for Landlord's written approval prior to installation or Landlord may remove or replace such items at Tenant's sole expense. Upon Landlord's prior written approval, which shall not be unreasonably withheld, delayed or conditioned. Tenant may make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) non-structural alterations to the Premises and may also install temporary improvements in the interior of the Premises, provided that such improvements are installed and are removable without structural damage to the Building and excepting minor, non-structural alterations such as painting or re- carpeting which do not cost in excess of $25,000 which Tenant may perform without Landlord's consent. All approvals given by Landlord pursuant to this Article H shall be deemed conditioned upon (i) Tenant's acquiring all applicable permits required by governmental authorities, (ii) furnishing of copies of such permits together with a copy of the plans and specifications to Landlord prior written consent to commencement of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work thereon, and (iii) the compliance by Tenant with all conditions of said permits in a prompt and expeditious manner. Any alterations or installations by Tenant during the term of this Lease shall be done in a good and workmanlike manner, with good and sufficient materials, and in compliance with all applicable lawsRegulations. If a notice of completion is required for such work, regulations Tenant shall file it and ordinances provide Landlord with contractors reasonably acceptable a copy. Tenant shall, at Tenant's cost, provide Landlord with a set of "as-built" drawings for any work which Tenant undertakes. Tenant shall repair, at Tenant's sole expense, all damage to Landlordthe Premises and/or Building caused by the installation or removal of trade fixtures, equipment, furniture or temporary improvements. If Tenant fails to remove the foregoing items on termination of this Lease, Landlord shall shall, be entitled the owner of such items. The parties agree that although Tenant's storage racks will be bolted to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to they will remain the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the personal property of Landlord. Such Alterations shall Tenant, and will be surrendered with the Premises removed by Tenant on or prior to at the end expiration or earlier termination of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone Lease and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall promptly repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedcaused by such removal.

Appears in 1 contract

Samples: Lease (Am General Corp)

Alterations. Section 10.1 Tenant shall not at any time during the Term make no alterations, additions, decorations, or improvements any alterations (collectively referred to as “including "Specialty Alterations" defined below) to the Premises without the prior first obtaining Landlord's written consent of Landlord. thereto, which consent Landlord may imposeshall not unreasonably withhold or delay; provided, as a condition to its consenthowever, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for not be deemed unreasonable by refusing to consent to any alterations which are visible from the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% exterior of the cost Building or the Project including but not limited to signage, which will or are likely to cause any weakening of any part of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan structure of the Premises, then 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. "Specialty Alterations" are defined as alterations consisting of kitchens, executive bathrooms, raised computer floors, computer, telephone and telecommunications wiring and cabling in the Premises and Building, computer installations, supplemental air conditioning systems, safe deposit boxes, vaults, libraries or file rooms requiring reinforcement of floors, internal staircases, conveyors, dumbwaiters, and other alterations of a similar character which Landlord designates as Specialty Alterations by written notice delivered to Tenant shall, at its expense, furnish when Landlord with as-built drawings and CAD disks compatible with Landlord’s systemsapproves Tenant's plans containing such alterations. Unless Landlord otherwise agrees in writing, all Alterations affixed Should Tenant desire to make any alterations to the Premises, including without limitation Tenant shall submit all plans and specifications for such proposed alterations to Landlord for Landlord's review before Tenant Improvements constructed pursuant allows any such work to commence, and Landlord shall promptly approve or disapprove such plans and specifications for any of the Work Letter (except as otherwise provided 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 Work Letter), but excluding moveable trade fixtures Project management office. Upon Xxxxxx's receipt of written approval from Landlord and furniture, shall become the property any required approval of any mortgagee or lessor of Landlord. Such Alterations shall be surrendered with the Premises at the end , and upon Tenant's payment to Landlord of the Term, except that reasonable costs incurred by Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations for such review and approval (including without limitation all telephone and data cabling) installed either a reasonable fee for the actual time spent by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”employees of Landlord). In connection with its removal of Required Removables, Tenant shall repair any damage have the right to proceed with the Premises arising from that removal 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 restore the affected area to its pre-existing condition, reasonable wear be made at Tenant's sole cost and tear exceptedexpense.

Appears in 1 contract

Samples: Lease Agreement (Advanced Life Sciences Holdings, Inc.)

Alterations. Within a reasonable time period following Landlord’s receipt of a written request by Tenant given the availability of Landlord’s employees, Landlord shall, at Tenant’s sole cost and expense, perform the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), electrical and plumbing systems within the Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the event that Tenant so requests that Landlord perform any of the foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which request shall be accompanied by reasonable documentation of such costs and expenses), Tenant shall pay to Landlord the amount incurred by Landlord in connection with the performance of such work on Tenant’s behalf (and the reimbursement of such costs and expenses shall be deemed Additional Rent for purposes of this Lease). Subject to the terms of Section 15 below, to the extent Landlord is not reimbursed by insurance proceeds (and if Landlord fails to carry insurance expressly required of Landlord by the terms of this Lease, to the extent such insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) any repairs to the Premises without required of Tenant by the prior written consent terms of Landlord. this Lease for more than 15 days after notice from Landlord (although notice shall not be required in an emergency), Landlord may imposemake the repairs, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. and Tenant shall use Landlord’s designated mechanical and electrical contractorspay the reasonable cost of the repairs, obtain all required permits for the Alterations and shall perform the work in compliance together with all applicable laws, regulations and ordinances with contractors reasonably acceptable a reasonable administrative charge not to Landlord. Landlord shall be entitled exceed to a supervision fee in the amount of 510% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedrepairs.

Appears in 1 contract

Samples: Office Lease Agreement (Netsuite Inc)

Alterations. Tenant shall make no No alterations, additions, decorationsor improvements to the Premises (other than the Tenant Improvements) shall be made without first having the consent in writing of Landlord which consent shall not be unreasonably withheld or delayed; nor shall such alternations, additions, or improvements (collectively referred to as “Alterations”) to interfere with or damage the mechanical or electrical systems or the structure of the Premises without or the Building. Further, Tenant shall not install or maintain any apparatus or device which will increase the usage of electrical power, water, or gas for the Premises to an amount greater than would be required for normal general office use for space of comparable size, unless Tenant shall have first obtained the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. and Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable have delivered to LandlordLandlord a written agreement to pay additional costs related thereto. Landlord shall be entitled have the right to a supervision fee approve all window treatments in the amount of 5% of Premises. Notwithstanding the cost of foregoing, Tenant shall have the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with right without Landlord’s systems. Unless Landlord otherwise agrees in writingconsent to undertake and perform nonstructural alterations and improvements which Tenant considers necessary or appropriate to enhance and supplement heating, all Alterations affixed to ventilating, air conditioning, electrical and communications equipment and systems serving the PremisesPremises and Tenant’ s operations therein, including without limitation all Tenant Improvements constructed pursuant the installation and removal of non-load bearing partition walls, and the construction of control rooms which may be necessary or appropriate to support such operations. Nothing herein is meant to interfere with Tenant’s ability to control the Work Letter (except floor layout in the Premises. Except as otherwise provided in this Lease, any alterations, additions or improvements consented to by the Work LetterLandlord shall be made at Tenant’ s sole expense. Tenant shall secure any and all governmental permits, approvals, or authorizations required in connection with any such work and shall hold Landlord harmless from any and all liability, costs, damages, expenses (including attorney’ s fees) and liens resulting therefrom. All alterations (expressly excluding all trade fixtures, office furniture systems, security systems, appliances and equipment), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Landlord upon termination of this Lease; provided however that Landlord may require Tenant to remove all or a portion or the alterations made to the Premises at the end termination of this Lease if Landlord designates in writing such removal when the Termalterations are requested in writing by Tenant. Such property which does not become the property of Landlord shall remain the property of Tenant, except that Landlord may, by notice to and Tenant given at least 30 days prior to shall have the Expiration Date, require Tenant right to remove by such property from the Expiration DatePremises. Tenant agrees to indemnify and hold Landlord harmless against and from all claims for mechanic’ s, materialmen’s or other liens in connection with any alterations, additions, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by improvements to which Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with may give its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedconsent.

Appears in 1 contract

Samples: Building Lease (DERMAdoctor, LLC)

Alterations. Tenant Lessee shall not make no alterations, additions, decorations, or improvements (collectively referred permit any other person to as “Alterations”) make any alterat~on5 to the Premises premises without the prior written consent of LandlordLessor. Landlord may impose, as a condition Should Lessor consent to its consent, the making of any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for alterations to the Alterations and shall perform premises by Lessee the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord alterations shall be entitled to made at the sole cost and expense of Lessee by a supervision fee contractor or other person selected by Lessee and approved in the amount of 5% of the cost of the Alterationswriting before work commences by Lessor. Landlord may elect to cause its architect to review Tenant’s architectural plansAny and all alterations, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premisesadditions, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed or Improvements made to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, premises shall on expiration or sooner termination of this lease become the property of Landlord. Such Alterations shall be surrendered with Lessor and remain on the Premises at the end of the Termpremises; provided, except however, that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, on expiration or sooner termination of this lease and written demand being given by Lessor, Lessee shall at Lessee's sole cost and expense remove all alterations, additions, and improvements made to the premises by Lessee and pay all costs of repairing any damages to the premises caused by their removal. Maintenance and Repairs Lessee admits, by entering into possession under this lease, that the premises are now in a good, clean, and safe condition and repair. Lessee shall, at all times during the term of this lease and any renewal or extension thereof, maintain, at Lessee's sole cost and expense, the premises, and every part of the premises, in a good, clean, and safe condition, and shall on expiration or sooner termination of this lease surrender the premises to Lessor in as good condition and repair as they are' in on the date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing conditionlease, reasonable wear and tear and damage by the elements excepted. Lessee hereby waives any right to make repairs to the premises at the expense of Lessor as provided by any law on statute now or hereafter enacted. Inspection by Lessor Lessee shall permit Lessor or Lessor's agents, representatives, or employees to enter the premises at all reasonable times for the purpose of inspecting the premises to determine whether Lessee is complying with the terms of this lease and for the purpose of doing other lawful acts that may be necessary to protect interest in the premises under this lease.

Appears in 1 contract

Samples: Holloman Corp

Alterations. Tenant shall not make no alterationsor permit any Alterations in, additionson or about the Premises, decorationsexcept for nonstructural Alterations not exceeding Five Thousand Dollars ($5,000.00) in cost per calendar year, or improvements (collectively referred to as “Alterations”) to the 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. With regard to Alterations not requiring Landlord's consent, Tenant shall provide Landlord copies of all plans and specifications therefor prior to the construction thereof. Notwithstanding the foregoing Tenant shall not, without the prior written consent of Landlord, make any: (i) Alterations to the structure or exterior of the Building; (ii) Alterations to and penetrations of the roof of the Building; and (iii) Alterations visible from outside the Premises, to which Landlord may imposewithhold Landlord's consent on wholly aesthetic grounds. All Alterations shall be installed at Tenant's sole expense, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable lawslaws and the CC&Rs, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord by a licensed contractor, shall be entitled to done in a supervision fee good and workmanlike manner conforming in quality and design with the amount of 5% Premises existing as of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plansCommencement Date, and shall not diminish the reasonable cost value of that review either the Building or the Premises. All Alterations made by Tenant shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations Landlord upon installation and shall not be surrendered with the Premises deemed Tenant's Personal Property; provided, however, that Landlord shall at the end time consent for the Alterations is requested, notify Tenant, whether Tenant must at the expiration or earlier termination of the Term, except that remove, at Tenant's expense, any or all Alterations installed by Tenant and return the Premises to their condition prior to the installation of such Alterations, normal wear and tear excepted. Notwithstanding any other provision of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord maywritten notice of Tenant's intention to perform work on the Premises, by notice to Tenant given whether or not Landlord's consent is required, at least 30 twenty (20) days prior to the Expiration Datecommencement of such work to enable Landlord to post and record a Notice of Nonresponsibility or other notice deemed proper before the commencement of any such work. Landlord, at Landlord's option at the expiration or earlier termination of the Term, may require Tenant to remove by the Expiration Date, some or sooner termination date all of this Lease, all or any Alterations (including installed without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear exceptedLandlord's consent.

Appears in 1 contract

Samples: Tvia Inc

Alterations. Subject to Landlord's prior written approval of plans ----------- and specifications, which approval shall not be unreasonably withheld or delayed, Tenant shall may make no alterations, additions, decorations, or alterations and improvements (collectively referred to as “Alterations”) to the Leased Premises without reasonably necessary and appropriate for the prior written consent conduct of Landlord. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirableTenant's business. Tenant shall use have no right to make any exterior or structural alterations to any building without Landlord’s designated mechanical 's prior written consent. If Landlord consents to Tenant's proposed alterations, Landlord shall inform Tenant in connection with such consent whether Landlord will require Tenant to remove the proposed alterations and electrical contractorsrestore the Premises at the expiration of the term. All such alterations, obtain additions and improvements shall be at the sole cost and expense of Tenant. With the exception of any movable partitions, trade fixtures, appliances and equipment which may be installed with Landlord's consent, all required permits for such alterations, additions and improvements shall become the Alterations property of Landlord and shall perform remain in and be surrendered with the work in compliance with all applicable lawsPremises as a part thereof at the termination of this Lease, regulations and ordinances with contractors reasonably acceptable without disturbance or injury, provided that, at Landlord's option (which option must be exercised at the time consent to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural planssuch alteration is given as provided above), and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings remove such alterations and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with restore the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable normal wear and tear excepted, at the expiration or earlier termination of this Lease. If Tenant performs work on the Premises, Tenant agrees to comply with all laws, ordinances, rules and regulations of any authorized public authority. Tenant further agrees to defend, indemnify and save Landlord and its property free and harmless from lien, damage, loss or expense arising out of said work. Tenant shall have the right to construct on, or move additional structures or buildings onto, the Premises subject to thirty (30) days prior written notice to and approval by Landlord. Said buildings or structures shall be constructed in accordance with the Grant County Building. Code. Landlord's approval shall not be unreasonably withheld in light of the present use and type of buildings on the Premises. Tenant shall bear all costs and expenses associated with construction of said additional structures or buildings. Ownership of any buildings built and permanently attached to the Premises shall revert to Landlord, and Tenant agrees to execute any documents necessary to convey title to said buildings to Landlord. Ownership of structures moved to or constructed on the Premises which may be readily relocated shall remain with Tenant. Tenant shall have, the right to remove said movable structures at any time upon thirty (30) days prior written notice to Landlord. Tenant shall not be charged any additional rent for the newly constructed or moved structures.

Appears in 1 contract

Samples: Commercial Lease (Primex Technologies Inc)

Alterations. Except for cosmetic alteration projects that do not exceed $10,000.00 during each calendar year and that do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (which work shall require notice to Landlord but not Landlord’s consent), Tenant shall make no alterations, additions, decorations, decorations or improvements (collectively referred to as Alterations”) to the Premises without the prior written consent of Landlord, it being understood that Tenant’s installation of audio visual equipment and wiring shall not be considered Alterations. Landlord may impose, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Except for cosmetic Alterations not requiring a permit, Landlord shall be entitled to a supervision fee in the amount of 5% of the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Zafgen, Inc.

Alterations. Other than the construction specified in paragraph 6.2 and non-structural alterations costing less than $5,000, Tenant shall not make no or suffer to be made any alterations, additions or improvements to the Premises or any part thereof, including the attachment of any fixtures or equipment, without obtaining Landlord’s prior written consent, which consent shall not be unreasonably withheld. When applying for such consent, Tenant shall furnish complete plans and specifications for such alterations, additions or improvements. All alterations, additions, decorationsfixtures and improvements, whether temporary or improvements (collectively referred to as “Alterations”) to permanent in character, made in or upon the Premises without the prior written consent of Landlord. either by Landlord may imposeor Tenant, as a condition to its consent, any requirements that Landlord in its discretion may deem reasonable or desirable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 5% at once become part of the cost of the Alterations. realty and belong to Landlord may elect to cause its architect to review Tenant’s architectural plansand, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Termterm hereof, except that Landlord may, by notice shall remain on the Premises without compensation of any kind to Tenant given at least 30 days prior to except as herein provided in this Lease. Movable furniture and equipment shall remain the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date property of Tenant. Notwithstanding any other provision contained in this Lease, all Tenant agrees that it shall, upon Landlord’s written request, at its sole cost and expense, promptly remove any alterations, additions, fixtures, communication system or any Alterations (including without limitation all telephone and data other cabling) installed either by Tenant , or improvements designated by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall to be removed and repair any damage to the Premises arising resulting from such removal. Such removal shall be made prior to the expiration or termination of this Lease if Landlord gives Tenant such written request no less than thirty (30) days prior to the expiration or termination of this Lease, provided that if Tenant requests that Landlord make the determination as to whether or not Landlord will require removal of certain improvements at the time of Tenant’s installation of such improvements, then Landlord will make such determination at the time requested by Tenant. All work done by or for Tenant costing in excess of $5,000 per set of improvements shall be performed by a licensed general contractor who, if the cost of the work exceeds $10,000, shall provide a full payment and performance bond naming both Landlord and Tenant as insured. Tenant shall restore not be required to remove the affected area initial Tenant Improvements installed pursuant to its pre-existing condition, reasonable wear and tear exceptedthe Work Letter.

Appears in 1 contract

Samples: Work Letter Agreement (Constant Contact, Inc.)

Alterations. Tenant shall make no alterations, additions, decorations, or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, any such requirements that Landlord in its discretion may deem reasonable or desirableas are reasonable. Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all required permits for the Alterations and shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall be entitled to a supervision fee in the amount of 53% of the cost of such Alterations requiring a permit from the AlterationsCity of Irvine or which would affect the Building mechanical and/or operating systems. Landlord may elect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises, including without limitation all Tenant Improvements constructed pursuant to the Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures and furniture, shall become the property of Landlord. Such Alterations Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at least 30 days prior to the Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s request (collectively, the “Required Removables”). In connection with its removal of Required Removables, Tenant shall repair any damage to the Premises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Lease (TigerLogic CORP)

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