Alterations. Absent Landlord’s written consent, Tenant may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expense
Appears in 5 contracts
Sources: Office Lease, Office Lease, Office Lease
Alterations. Absent Landlord’s written consent, Tenant may shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and additions, decorations, or improvements (the collectively referred to as “Alterations”) to the Office provided they are non- structural in naturePremises without the prior written consent of Landlord. Landlord may impose, which do not effect the Servicesas a condition to its consent, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by any requirements that Landlord in every instanceits discretion may deem reasonable or desirable. Before making Alterations, Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and permits for the Alterations and upon receiving sameshall perform the work in compliance with all applicable laws, Tenant regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall deliver duplicate or certified copies be entitled to Landlord a supervision fee in the amount of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence 5% of such insurance to Landlord prior to Tenant’s commencing 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 a mechanic’s lien be filed against the Office and/or Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, for work done or claimed to have been done or materials supplied for then Tenant or 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 OfficePremises, including without limitation all Tenant shall pay or cause Improvements constructed pursuant to be paid or file a bond the Work Letter (except as otherwise provided in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materialsWork Letter), but excluding moveable trade fixtures and the like furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. Howevermay, Landlord may relinquish such right of ownership by notice to the installations by giving Tenant thirty (30) given at least 30 days written notice prior to the Termination Date Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of such relinquishment of ownershipthis Lease, in which event, they shall become all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s and must be removed upon request (collectively, the Termination Date“Required Removables”). Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender In connection with its removal of possession of the OfficeRequired Removables, Tenant shall remove all personal property repair any damage to the Premises arising from that removal and installations shall restore the affected area to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished its pre-existing condition, reasonable wear and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensetear excepted.
Appears in 5 contracts
Sources: Lease Agreement (ConversionPoint Holdings, Inc.), Lease Agreement (ConversionPoint Holdings, Inc.), Lease Agreement (ConversionPoint Holdings, Inc.)
Alterations. Absent (a) Tenant shall not make or allow to be made any alterations, additions, or improvements in or to the Premises (collectively, “Alterations”) without first obtaining Landlord’s written consent, which consent shall be granted or denied in Landlord’s sole discretion.
(b) ▇▇▇▇▇▇ agrees that all such work shall be done at Tenant’s sole cost and expense and in a good and workmanlike manner, that the structural integrity of the Building shall not be impaired, and that no liens shall attach to all or any part of the Premises, the Building, or the Property by reason thereof. Tenant may make no alterations shall obtain, at its sole expense, all permits required for such work.
(c) Unless otherwise elected by Landlord as hereinafter provided, all Alterations made by Tenant shall become the property of Landlord and shall be surrendered to Landlord on or before the Lease Expiration Date except as otherwise set forth in this Lease. Notwithstanding the foregoing, movable equipment, trade fixtures, personal property, furniture, or any other items that can be removed without material harm to the Office. With LandlordPremises will remain Tenant’s written consentproperty (collectively, “Tenant Owned Property”) and shall not become the property of Landlord but shall be removed by Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (not later than the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every oneLease Expiration Date. Tenant shall carry repair at its sole cost and cause expense all damage caused to be carried the Premises or the Building by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as the removal of any Alterations that Tenant is required to remove or Tenant Owned Property. Landlord requires, naming Landlord as insured may remove any Tenant Owned Property or Alterations that Tenant is required but fails to remove at the Lease Expiration Date and Tenant shall deliver evidence of such insurance pay to Landlord prior to the reasonable cost of removal. Tenant’s commencing obligations under this Section 8 shall survive the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done expiration or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days earlier termination of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensethis Lease.
Appears in 4 contracts
Sources: Lease Agreement (Greenland Technologies Holding Corp.), Lease Agreement (Greenland Technologies Holding Corp.), Lease Agreement (Greenland Technologies Holding Corp.)
Alterations. Absent Except as may be otherwise provided in this Lease as to initial Tenant improvements in accordance with Exhibit 4. Tenant shall not, without Landlord’s 's prior written consent, Tenant may make no alterations permit any alteration, improvement, addition or installation in or to the Office. With Landlord’s written consentPremises (all of which is collectively referred to as "Work"), Tenantincluding installation of telephone, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities computer or internal sound or paging systems or other operations similar systems, or services the performance of any decorating, painting and other similar work in the Premises and which are done Premises. In the event Landlord consents to any Work, Landlord reserves the right to cause such Work to be performed by contractors and sub-subcontractors designated by Landlord. Tenant shall pay the cost of preparation of the plans for the Work, all permit fees and the fees of said contractors approved and subcontractors. Except with respect to Work performed by Landlord in every instance. Before making AlterationsLandlord's designated contractor as general contractor, Tenant shall obtain pay to Landlord's then applicable construction supervision fee. Before commencement of any Work or delivery of any materials into the Premises or the Building, Tenant shall furnish to Landlord, for its prior written approval, which approval shall not be unreasonably withheld or delayed, architectural plans and 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 permitsclaims and liabilities of every kind, approvalsnature and description which may arise out of or in any way be connected with any such Work, certificates required 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 municipal authorities or other agencies having jurisdiction such Work and the cost of decorating and altering the Premises and the Alterations and upon receiving same, Building occasioned by any such Work. Landlord shall have the right to require Tenant shall to deliver duplicate or certified copies to Landlord of each cash or other security in an amount and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance form acceptable to Landlord prior be held in escrow by Landlord to assure prompt payment for the cost of any such Work and to require Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed 's contractors to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon evidence work▇▇▇'▇ ▇▇▇’s surrender of samepensation, general liability and other insurance coverage, as reasonably required by Landlord. HoweverAll alterations, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownershipimprovements, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property additions and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining or in the Office after Premises shall become part of the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property Premises at Tenant’s expensethe time of installation.
Appears in 4 contracts
Sources: Office Lease (Pegasus Systems Inc), Office Lease (Pegasus Systems Inc), Office Lease (Pegasus Systems Inc)
Alterations. Absent Tenant shall make no alterations, additions or improvements to the Premises without the prior written consent of Landlord. Landlord’s written 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, Tenant any requirements that Landlord in its discretion may make no alterations 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 Officemanner, time, and contractor for performance of the work. With Without limiting the generality of the foregoing, Tenant shall use Landlord’s written consent, Tenant, at Tenant’s sole cost designated mechanical and expense, may make alterations, installations and improvements (electrical contractors for all work affecting the “Alterations”) to mechanical or electrical systems of the Office provided they are non- structural in nature, which do not effect the Services, utilities Building. Should Tenant perform any work that would necessitate any ancillary Building modification or other operations or services of expenditure by Landlord, then Tenant shall promptly fund the Premises and which are done by contractors and sub-contractors approved by Landlord in every instancecost thereof to Landlord. Before making Alterations, Tenant shall obtain all permitsrequired permits for the work and shall perform the work in compliance with all applicable laws, approvalsregulations and ordinances, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant Landlord shall deliver duplicate or certified copies be entitled to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond supervision fee in the amount stated of five percent (5%) of the cost of the work. 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 mechanicBuilding or Project. Any request for Landlord’s lien within thirty (30) days of said filing at 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 sole architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Should the work proposed by Tenant modify the internal configuration of the Premises, then Tenant shall, at its expense, furnish Landlord with as-built drawings and expenseCAD disks compatible with Landlord’s systems. Any installation of materialsUnless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and the like furniture) shall become the property of Landlord upon such installation and shall remain in be surrendered with the Office upon ▇▇▇▇▇▇Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord’s surrender consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of samethis Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant’s request. HoweverTenant shall repair any damage to the Premises arising from that removal and restore the affected area to its pre-existing condition, reasonable wear and tear excepted. Landlord may relinquish such right require Tenant to remove an improvement provided as part of ownership the initial build-out pursuant to Exhibit X, if any, if and only if the installations by giving improvement is a non-building standard item and Tenant thirty (30) days written notice is notified of the requirement prior to the Termination Date 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 such relinquishment of ownershipTenant, in which event, they Landlord shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant entitled to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession prompt payment from Tenant of the Officecost thereof, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇inclusive of the standard coordination fee of Landlord’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensemanagement agent.
Appears in 4 contracts
Sources: Office Space Lease, Office Space Lease (United Business Holdings, Inc), Office Space Lease (Infosonics Corp)
Alterations. Absent Landlord’s written consentTenant will not make any modifications, Tenant may make no alterations to the Office. With Landlord’s written consentimprovements, Tenant, at Tenant’s sole cost and expense, may make alterations, additions or installations and improvements (the collectively, “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 Office provided they are non- structural Premises performed by or at the request of Tenant. Absent an agreement by the parties to the contrary, Tenant 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 natureconnection with the applicable Alterations. In the case of any Alterations that require Landlord’s consent, which do not effect the Services, utilities or other operations or services Tenant will also provide Landlord with as-built plans and specifications of the Premises and which are done as altered by contractors and sub-contractors approved by Landlord in every instance. Before making such Alterations, Tenant shall obtain if any. All Alterations (including Minor Alterations) will comply with all permitsapplicable Laws and will be constructed in a good and workmanlike manner, approvals, certificates required by any using materials of good quality and free and clear of all municipal authorities liens or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseclaims therefor.
Appears in 3 contracts
Sources: Lease Agreement (Andina II Holdco Corp.), Lease Agreement (Andina II Holdco Corp.), Lease Agreement (Andina II Holdco Corp.)
Alterations. Absent Landlord’s written consent, Tenant may make no alterations a. At any time and from time to the Office. With Landlord’s written consenttime, Tenant, at Tenant’s sole cost and expense, may make alterations, installations such structural and improvements (the “Alterations”) non-structural alterations and additions to the Office Leased Premises as Tenant desires, provided they are non- that any such alteration or addition when completed shall be of such character as not to diminish the structural in nature, which do not effect the Services, utilities or other operations or services integrity of the Building. Any alterations or additions to the Leased Premises shall comply with all state and which are done by contractors local building codes, laws and sub-contractors approved by Landlord in every instanceordinances. Before making Alterations, Tenant No alterations or additions shall obtain all permits, approvals, certificates required by any unreasonably diminish the utilities and all municipal authorities or other agencies having jurisdiction of building components that service the Leased Premises and the Alterations and upon receiving same, building. Title to any alterations or additions (other than Trade Fixtures) made by Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractorvest in Landlord, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence such documents of such insurance conveyance thereof as Landlord may reasonably request at the expiration or sooner termination of this Lease, Landlord shall cooperate at no out of pocket cost to Landlord prior in securing necessary permits and approvals. Tenant shall not permit any mechanics’ or other liens to stand against the Leased Premises for work or material furnished Tenant.
b. Landlord covenants and agrees that Landlord shall not make any alterations or additions to the Leased Premises without Tenant’s commencing written consent. Landlord shall not permit any mechanics’ or other liens to stand against the AlterationsLeased Premises for work or material furnished to Landlord.
c. Landlord acknowledges and agrees that Tenant’s Trade Fixtures may be leased from an equipment lessor and that Tenant may execute and enter into an equipment lease with respect to such Trade Fixtures. Should Landlord shall execute and deliver a mechanicdocument commercially reasonably acceptable to Landlord in which Landlord: (i) acknowledges and agrees that the Trade Fixtures constitute the personal property of Tenant, and shall not be considered to be part of the Building or Premises, regardless of whether or by what means they become attached thereto; (ii) agrees that it will not claim any interest in such Trade Fixtures; (iii) agrees that any equipment lessor may enter the Building or Premises for the purpose of exercising any right it may have under the provisions of any equipment lease, including the right to remove such Trade Fixtures, provided that such equipment lessor agrees to repair any damage resulting from such removal; and (iv) any such other provisions as may be common and reasonable. Landlord waives any statutory landlord’s lien be filed against and any attachment for rent on the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Trade Fixtures that Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property have or may remove such abandoned property at Tenant’s expensehereafter acquire.
Appears in 3 contracts
Sources: Lease (Natural Grocers by Vitamin Cottage, Inc.), Lease (Natural Grocers by Vitamin Cottage, Inc.), Lease (Natural Grocers by Vitamin Cottage, Inc.)
Alterations. Absent Tenant shall make no alterations, additions or improvements to the Premises without the prior written consent of Landlord’s written . 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, Tenant any requirements that Landlord in its discretion may make no alterations 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 Office. With Landlord’s written consentmanner, Tenanttime, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services contractor for performance of the Premises work. Without limiting the generality of the foregoing, Tenant shall use Landlord's designated mechanical and which are done by electrical contractors and sub-contractors approved by Landlord in every instancefor all work affecting the mechanical or electrical systems of the Building. Before making Alterations, Tenant shall obtain all permitsrequired permits for the work and shall perform the work in compliance with all applicable laws, approvalsregulations and ordinances, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant Landlord shall deliver duplicate or certified copies be entitled to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond supervision fee in the amount stated in of five percent (5%) of the mechanic’s lien within thirty (30) days cost of said filing at Tenant’s sole cost and expensethe work. Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any installation of materialsrequest for Landlord's consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and the like furniture) shall become the property of Landlord upon such installation and shall remain in be surrendered with the Office upon ▇▇▇▇▇▇’s surrender Premises at the end of samethe Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. However, Landlord may relinquish such right require Tenant to remove an improvement provided as part of ownership the initial build-out pursuant to Exhibit X, if any, if and only if the installations by giving improvement is a non-building standard item and Tenant thirty (30) days written notice is notified of the requirement prior to the Termination Date 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 such relinquishment of ownershipTenant, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by entitled to prompt reimbursement from Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensefor all costs incurred.
Appears in 3 contracts
Sources: Office Space Lease (Myers Steven & Associates Inc), Office Space Lease (Pharmaprint Inc), Assignment of Lease (Imperial Credit Commercial Holdings Inc)
Alterations. Absent Landlord’s written consentExcept for those items specified elsewhere herein, Tenant may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and additions or improvements (the hereinafter “Alterations”) to the Office provided they are non- structural in naturePremises shall be made by Tenant without the prior written consent of Landlord, which do shall not effect be unreasonably withheld. Landlord shall not be deemed unreasonable for withholding its consent to any Alteration which may affect the Servicesstructural, utilities mechanical, exterior or other operations or services 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 condition prior to such Alteration. All work done in connection with any Alteration shall be done in a good and which are done workmanlike manner employing materials of good quality and in compliance with laws, rules, orders and regulations of governmental authorities having jurisdiction thereof, by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every oneLandlord. Tenant shall carry 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 to be carried by each contractor and sub-contractor, to carry workmen’s compensationcompensation insurance in statutory amounts covering the employees of all contractors and subcontractors, and comprehensive general liability, personal and property damage insurance, in liability insurance with such amounts limits as Landlord requiresmay reasonably require from time to time during the Term of this Lease, naming Landlord but in no event less than the minimum amount of comprehensive general liability insurance Tenant is required to maintain as insured and Tenant shall deliver evidence of set forth in Article 11 hereof (all such insurance to be written in companies reasonably approved by Landlord and insuring Landlord, Landlord’s mortgagee and Tenant as well as the contractors) and to deliver to Landlord certificates of all such insurance prior to Tenant’s commencing the Alterationscommencement of any work. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to Any Alteration made by Tenant after such consent shall have been done or materials supplied for Tenant or to the Officegiven, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanicand any fixtures installed as part thereof shall, at Landlord’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materialsoption, fixtures and the like shall become the property of Landlord upon the expiration or other sooner termination of this Lease. If Landlord shall fail to exercise such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Officeoption, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property Alterations at Tenant’s expensecost upon expiration or termination of this Lease. Tenant shall yield up the Premises in good order and repair, reasonable wear and tear and damage by fire or casualty excepted.
Appears in 3 contracts
Sources: Assignment, Assumption, Amendment and Consent, Assignment, Assumption, Amendment and Consent (Paratek Pharmaceuticals, Inc.), Assignment, Assumption, Amendment and Consent (Paratek Pharmaceuticals Inc)
Alterations. Absent The Tenant shall not make any alteration, addition or improvement to the Leased Premises without prior written consent of the Landlord and Landlord’s mortgagee, which consent shall not be unreasonably withheld except those improvements shown on Exhibit “A”. Upon the expiration of this Lease, Tenant shall not remove any alterations, additions or improvements attached to floors, walls or ceilings or any extension thereof, except Tenant’s equipment and trade fixtures. Any such alterations, additions or improvements (other than Tenant’s equipment and trade fixtures) shall be the property of Landlord and shall remain with the Leased Premises upon termination of this Lease. For any alterations, additions or improvements (“Additional Tenant Improvements”) which the Tenant wishes to make, the Tenant shall provide Landlord and Landlord’s mortgagee with copies of detailed plans and specifications for review and approval, which are prepared and sealed by an architect and/or engineer licensed in the State of Michigan, prior to requesting Landlord’s written consent, and Tenant may make no alterations shall pay all costs incurred in connection therewith and in connection with review or inspection by any engineer or architect retained by Landlord and/or its mortgagee, which costs shall be paid by Tenant within ten (10) days following presentation of an invoice therefor. Tenant shall not commence any work without the prior written consent of Landlord and Landlord’s mortgagee and payment of the above costs. Without limiting the generality of the foregoing, Landlord reserves the right to condition its consent on the appropriateness of the materials proposed to be used by Tenant in relation to the Office. With Landlord’s written consentmaterials comprising the existing improvements, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and the extent to which such improvements (are in harmony with the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction remainder of the Premises and the Alterations impact of proposed improvements on the structural integrity of the building, roof and upon receiving foundation and/or building systems. All permits, inspection fees and all costs associated with the Additional Tenant Improvements shall be paid by Tenant (provided that Landlord shall cooperate, at no cost to Landlord, in connection with any applications or permits which are required to be signed by the owner of the Premises). All work performed by Tenant shall be performed by responsible contractors, shall comply with all applicable provisions of this Lease and shall be accomplished in a manner so as not to void any warranties which may be existing with respect to the Premises. Prior to commencement of any work, and until completion of the same, Tenant shall deliver duplicate obtain and maintain at its sole expense builder’s risk insurance with such carriers and in such amount as may be required by Landlord and its mortgagee, which policy(ies) shall name Landlord and its mortgagee as additional insured, and shall provide that the same shall not be canceled or certified copies amended without thirty (30) days’ prior written notice to Landlord of each and every oneLandlord. Tenant shall carry and cause provide Landlord with a copy of such policy(ies) prior to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and commencing any work. Tenant shall deliver evidence of such insurance to Landlord prior to provide Landlord, at Tenant’s commencing the Alterations. Should a mechanicexpense, with “as-built” construction drawings, certified by Tenant’s lien be filed against the Office and/or Premisesarchitect or engineer, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days following completion of said filing at Tenant’s sole cost and expensethe Additional Tenant Improvements. Any installation of materials, All Additional Tenant Improvements constituting fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to excluding Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon ) shall become the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all sole property of Tenant remaining in Landlord and shall, at the Office after election of Landlord, become encumbered by any mortgage(s) encumbering the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensePremises.
Appears in 3 contracts
Sources: Assignment and Assumption of Lease, Assignment and Assumption of Lease (Veri-Tek International, Corp.), Assignment and Assumption of Lease (Veri-Tek International, Corp.)
Alterations. Absent Landlord’s written consent, Landlord shall: improve exterior courtyard in its sole discretion; install French style double doors with glass (or similar) to replace solid double doors currently installed on courtyard side of Leased Premises and reinstall door or window (that is currently boarded up) on courtyard side of Leased Premises. Tenant may make no alterations to shall improve the Office. With Landlord’s written consent, Tenantbathroom and kitchen area of the leased premises, at Tenant’s sole cost expense and expensesubject to Landlord’s written approval. In lieu of a Tenant Improvement Allowance, may make alterations, installations Landlord shall provide Tenant with a three month abatement of rent only. Taxes and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do Insurance shall not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every onebe abated. Tenant shall carry and cause make no other alterations or improvements to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in the Leased Premises without advance written permission of Landlord. Tenant shall provide Landlord with a detailed description of any such amounts as Landlord requires, naming Landlord as insured alterations or improvements and Tenant shall deliver evidence of such insurance to not commence work until Landlord prior to Tenant’s commencing has approved the Alterationswork in writing. Should a mechanic’s lien be filed against any addition or alteration made by Tenant cause any increase in the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to insurance rate on the Officepremises, Tenant shall pay or cause such increase in addition to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expenseagreed monthly rental amount. Any installation of materials, fixtures and such additions or changes made to the like premises by Tenant shall become the property of Landlord upon such installation and shall remain in Landlord, at the Office upon ▇▇▇▇▇▇’s surrender termination of same. Howeverthis Lease, Landlord may relinquish such without any right of ownership reimbursement therefor. Tenant shall promptly remove any items belonging to Tenant and repair or replace in a like condition the Leased Premises on or before the expiration of this Lease, or any extension or renewal thereof. Any alterations or additions made by Tenant to the installations by giving Leased Premises shall be performed in a good and workmanlike manner, in compliance with all governmental requirements and permits. Tenant thirty (30) days written notice prior to the Termination Date shall secure sufficient builders risk, liability and workers compensation insurance, naming Landlord as an additional insured and provide proper evidence 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 insurance coverage to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseDocuSign Envelope ID: CF34738C-2DF5-4E6D-861A-E373C468AB8F
Appears in 2 contracts
Sources: Triple Net Commercial Lease Agreement (Digital Brands Group, Inc.), Triple Net Commercial Lease Agreement (Digital Brands Group, Inc.)
Alterations. Absent Tenant shall not, without the prior written consent which consent shall not be unreasonably withheld, of Landlord 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 impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, insurance against liabilities which may arise out of such work, revisions to the plans and specifications for such work and permits necessary for such work. The work necessary to make any alterations, improvements, or additions to the Premises shall be done at Tenant's expense by employees of, or contractors hired by, Landlord’s , except to the extent Landlord gives its prior written consentconsent to Tenant's hiring contractors. Notwithstanding the foregoing, Tenant may make no alterations hire its own contractors to install mill work, telecommunications equipment and food service equipment in the OfficePremises. With Landlord’s written consentTenant's shall promptly pay to Landlord or to Tenant's contractors, Tenantas a case may, at Tenant’s sole be, when due, the cost of all such work and expense, may make alterations, installations and improvements of all decorating required by reason thereof. Tenant will also pay to Landlord an amount equal to five percent (the “Alterations”5%) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of all of the Premises costs of such work to reimburse Landlord for its overhead and which are done by contractors construction management services allocable to such work and suball out-contractors approved of-pocket costs incurred by Landlord in every instancereviewing plans and specifications for said alterations, improvements or additions. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving sameUpon completion, Tenant shall deliver duplicate 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 certified copies to Landlord of each and every onematerials. Tenant shall carry defend and cause 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 be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterationswork. Should a mechanic’s lien be filed against the Office and/or Premises, for All work done or claimed to have been done or materials supplied for 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 Office, Tenant shall pay or cause to be paid or file a bond in rules and regulations adopted by the amount stated in Landlord for the mechanic’s lien within Building. Within thirty (30) days after substantial completion of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon any such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations work by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Officeor its contractors, Tenant shall remove all personal property and installations furnish to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Landlord "as built" drawings of such work. Landlord agrees that Tenant shall immediately restore and repair not be required to remove any alteration, improvement or addition made to the Office Premises in compliance with this Section 6 unless Landlord has advised Tenant in writing prior to installation of such alteration, improvement or addition that condition existing on Landlord's consent to such installation is conditioned upon Tenant's agreement to remove same upon expiration or termination of the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseLease.
Appears in 2 contracts
Sources: Office Lease (Hewitt Associates Inc), Office Lease (Hewitt Holdings LLC)
Alterations. Absent Tenant shall not make any alterations to the Premises, including any changes to the existing landscaping, without Landlord’s 's prior written consent, . Tenant may make no 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 (15) business days prior to the Officecommencement of any alteration with a complete description of each such alteration including any building permit drawing(s) and specifications. With Landlord’s written consent, Landlord may post notices regarding non-responsibility in accordance with the laws of the state in which the Premises are located. All alterations made by Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) whether or not subject to the Office provided they are non- structural approval of Landlord, shall be performed by Tenant and its contractors in naturea first class workmanlike manner and permits and inspections shall be obtained from all required governmental entities. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, which do not effect the Servicesexcept that Landlord may, utilities in connection with Tenant's request for Landlord's approval of any such alteration, elect to require Tenant to remove some or other operations or services all of the alterations which Tenant may have made to the Premises and which are done ("REQUIRED REMOVABLES"). If Landlord so elects, Tenant shall at its own cost restore the Premises to the condition designated by contractors and sub-contractors 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 in every instance. Before making Alterationsfor the construction of such alterations, Tenant shall obtain secure all appropriate governmental approvals and permits, approvals, certificates required and shall complete such alterations with due diligence in compliance with plans and specifications approved by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one(if required). Tenant shall carry pay all costs for such construction and cause to shall keep the 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 carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, required in such amounts as Landlord requires, naming Landlord as insured and the conduct of Tenant's business. Tenant shall deliver evidence have the right, but not the obligation (except at the expiration or prior termination of such insurance the Term), to Landlord prior remove the same at any time, to Tenant’s commencing finance the Alterations. Should a mechanic’s lien be filed against the Office and/or Premisespurchase thereof, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in grant security interests therein and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseotherwise encumber same.
Appears in 2 contracts
Sources: Standard Modified Gross Office Lease (WWW Holdings Inc), Standard Modified Gross Office Lease (Earthlink Inc)
Alterations. Absent Subtenant shall make no alterations, installations, additions or improvements (collectively, “Alterations”) 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, to the extent that the Prime Landlord’s 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 expense and in compliance with all of the provisions of the Prime Lease, including the provisions requiring the Prime Landlord’s prior written consent, Tenant may make no alterations and also in compliance with such other reasonable requirements of Sublandlord and Prime Landlord. Subtenant shall pay to Sublandlord any and all amounts payable to Prime Landlord in connection with Prime Landlord’s review and/or inspection of (a) any plans and/or specifications relating to any proposed Alterations, and (b) any Alterations during and subsequent to the Officemaking thereof. With LandlordSubtenant acknowledges that any such Alterations may become the property of the Prime Landlord in accordance with Section 9.02 of the Prime Lease. If Sublandlord determines that the services of architects, engineers or other professionals are reasonably required in order to review Subtenant’s written consentplans for any Alterations, Tenantand the performance of any inspections of such Alterations (during and subsequent to the making thereof), the fees and expenses of such professionals shall be deemed Additional Rent and paid promptly by Subtenant upon being billed therefor. Prior to the expiration (or any sooner termination) of the Term, if removal is required by either the Sublandlord or the Prime Landlord in accordance with Section 9.02 of the Prime Lease, Subtenant, at Tenantits sole cost and expense, shall remove any and all Alterations so required to be removed, and shall restore the Sublease Premises to good condition following such removal. Notwithstanding any language to the contrary, 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 employee key card entry systems, all at Subtenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts so long as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord Sublandlord is notified prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures these systems and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the these installations are installed by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenselicensed electricians.
Appears in 2 contracts
Sources: Sublease Agreement (Enzon Pharmaceuticals Inc), Sublease Agreement (Enzon Pharmaceuticals Inc)
Alterations. Absent (a) Tenant shall not make any alterations, additions or improvements (collectively "Alterations") of a structural nature in or to the Building or any Alterations to the exterior of the Building, without Landlord’s 's prior written consent, Tenant which consent may make no alterations to the Office. With be withheld in Landlord’s written consent's sole discretion, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every each instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry be permitted to make interior, non-structural alterations without Landlord's consent.
(b) Tenant shall give Landlord at least twenty (20) days prior written notice before commencing any Alterations requiring Landlord's consent and cause to shall submit Tenant's plans for such Alterations at the same time. All Alterations shall be carried by each contractor done in a good and sub-contractorworkmanlike manner, and Tenant shall ensure that all of Tenant's contractors engaged in such work shall at all times maintain satisfactory builders risk insurance, workmen’s compensation, general liability, personal 's compensation insurance and adequate public liability and property damage insurance. Tenant agrees to indemnify Landlord for any loss, in cost, damage or expense, including reasonable attorney's fees, resulting from any mechanic's lien being filed on the Premises and to release any such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days after receipt of said filing at written notice of such filing. Following completion of any material Alterations costing in excess of $50,000.00, Tenant shall provide Landlord with a set of plans showing such Alterations.
(c) All Alterations made by Tenant or by Landlord on Tenant’s sole cost and expense. Any installation 's behalf pursuant to the provisions of materials, fixtures and the like this Lease shall become remain the property of Landlord upon such installation and the Tenant during the Term. All Alterations (including wall to wall carpet) to the Premises shall remain upon the Premises and be surrendered with the Premises at the expiration of the Term without disturbance, molestation or injury. At the expiration of the Term, Tenant shall be required to remove any Alterations that would be considered atypical in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish a commercial office building unless Tenant has obtained Landlord's consent to such right of ownership to the installations by giving Tenant thirty (30) days written notice Alterations prior to the Termination Date of such relinquishment of ownershipinstallation thereof (which consent shall not be unreasonably withheld, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property conditioned or may remove such abandoned property at Tenant’s expensedelayed).
Appears in 2 contracts
Sources: Deed of Lease (Amerigroup Corp), Deed of Lease (Amerigroup Corp)
Alterations. Absent Tenant shall not make any alterations, additions or improvements to the Premises, or change any plumbing or wiring, without the prior written consent of Landlord. Plans and specifications for such work shall be submitted to Landlord in advance. No fixtures shall be removed from the Premises. Landlord shall have the right to approve Tenant’s written consentcontractors as well as the general manner and method in which such work is to be performed. Tenant shall provide Landlord with insurance certificates evidencing that all contractors and subcontractors have adequate workmen’s compensation insurance, and builder’s risk insurance satisfactory to Landlord. Any such improvements, including wall covering, paneling and built-in cabinet work, but excepting movable furniture and trade fixtures, shall at once become a part of the realty and belong to Landlord and shall be surrendered with the Premises. Upon the request of Tenant, Landlord shall notify Tenant, at the time the improvement is made, if said improvement will be required to be removed upon the expiration of the term. As of the commencement date, there are no existing improvements that will be required to be removed by the Tenant upon the expiration of the term. Upon the expiration of the term hereof, Tenant may make no alterations to the Office. With shall, upon written demand by Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make remove any alterations, installations and additions or improvements made by Tenant, that were (i) previously designated for removal by Landlord at the “Alterations”time the improvement was made or (ii) designated to be removed at the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services end of the Premises and which are done term, there having been no request by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of for a notification at the Premises and time the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured improvement was made; 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 Premisesshall, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s its sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership repair any damage to the installations Premises caused by giving Tenant thirty such removal. At least twenty (3020) days written notice prior to the Termination Date commencement of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon any work on the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the OfficePremises, Tenant shall remove all personal property notify Landlord of the names and installations 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 which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and 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 immediately restore be made in compliance with the Americans with Disabilites Act of 1990 and repair the Office its implementing regulations, as amended or supplemented from time to that condition existing on the Commencement Date. Any time, and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant similar applicable state and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenselocal laws, rules and regulations.
Appears in 2 contracts
Sources: Lease (Nivalis Therapeutics, Inc.), Lease (Nivalis Therapeutics, Inc.)
Alterations. Absent Tenant may make alterations, improvements, additions, installations, or changes to the Premises (any of the preceding, “Alterations”) only if: (i) Tenant first obtains Landlord’s written consentconsent (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 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 may make no alterations shall submit to the OfficeLandlord, in written form, proposed detailed plans of such Alterations. With Landlord’s written consentTenant shall, Tenantbefore commencing any Alterations, at Tenant’s sole cost cost, (i) acquire (and expense, may deliver to Landlord a copy of) a permit from appropriate governmental agencies to make alterations, installations and improvements such Alterations (the “Alterations”) to the Office provided they are non- structural in nature, any conditions of which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, permit Tenant shall obtain all permitscomply with, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost cost, in a prompt and expense. Any expeditious manner), (ii) provide Landlord with 10 days’ prior written notice of the date the installation of materialsthe Alterations is to commence, fixtures which notice must explicitly remind Landlord to post and record an appropriate notice of non-responsibility, and (iii) obtain (and deliver to Landlord proof of) reasonably adequate workers compensation insurance with respect to any of Tenant’s employees installing or involved with such Alterations (which insurance Tenant shall maintain in force until completion of the like Alterations). All Alterations shall upon installation become the property of Landlord upon such installation and shall remain on and be surrendered with the Premises on termination of this Lease, except that Landlord may, at its election, require Tenant to remove any or all of the Alterations, by so notifying Tenant in writing at the Office upon ▇▇▇▇▇▇’s surrender of same. However, time Landlord may relinquish such right of ownership consents to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownershipAlteration, in which event, they shall become Tenant’s Tenant shall, at its sole cost, on or before the Expiration Date or earlier termination of this Lease, repair and must be removed upon restore the Termination Date. Nothing herein is meant Premises to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession condition of the Office, Premises prior to the installation of the Alterations which are to be removed. Tenant shall remove pay all personal property costs for Alterations and installations other construction done or caused to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished be done by Tenant and Tenant shall immediately restore keep the Premises free and repair clear of all mechanics’ and materialmen’s lien’s resulting from or relating to any Alterations or other construction. The term “Alteration” does not include any of the Office to following that condition existing on the Commencement Date. Any are paid for and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned installed by Tenant and Landlord may either retain such abandoned property or Tenant may remove such abandoned property any of the following that are paid for and installed by Tenant at any time: Tenant’s expensepersonal 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), machine shop tools and portable equipment, portable glass wash equipment, equipment monitoring systems, air compressors and emergency generators (collectively, the “Equipment”). 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 the preceding sentence, allowing the secured party or equipment lessor access to the Premises for removal of the Equipment, subject to Landlord’s reasonable restrictions.
Appears in 2 contracts
Sources: Sublease Agreement (Anadys Pharmaceuticals Inc), Lease Agreement (Phenomix CORP)
Alterations. Absent Landlord’s written consentA. From time to time after delivery of the Vessel into Charterer's service, Tenant Charterer may make no structural and other alterations to the Office. With Landlord’s Vessel, its machinery, or electrical equipment, only with Owner's prior written consentapproval, Tenantwhich shall not be unreasonably withheld, at Tenant’s sole cost and expense, may make alterations, installations and improvements (provided the “Alterations”) alterations to the Office provided they Vessel and its equipment are non- structural in nature, which do not effect returned to their original state at or prior to the Services, utilities or other operations or services termination of this Charter and Redelivery of the Premises Vessel to Owner. Owner, however, has the option to retain any alterations made by Charterer at a mutually agreed price. In addition, leased equipment may be placed on board the Vessel by Charterer. At the time of Redelivery, Owner has the right at Owner's expense to continue the lease for such equipment should the lease permit or may require Charterer to have such equipment removed. As to equipment otherwise placed aboard the Vessel by Charterer, Charterer shall have the right to remove same upon Redelivery, provided that if Owner desires to retain the equipment on board the Vessel, it may purchase the equipment at a price to be agreed upon at the time of Redelivery. Any additions or alterations permitted by this Article are subject to approval by the Vessel's classification society and, if required, the U. S. Coast Guard. Notwithstanding anything to the contrary contained in this Charter, Charterer shall not have the right to remove any gaming equipment other than in accordance with that certain Master Lease Agreement (Palm Beach Princess and which Empress II Gaming Equipment), dated as of July 6, 2004, between PDS Gaming Corporation, as Lessor, and Charterer and ITGV ("Master Lease"), as lessee, without the prior written approval of PDS Gaming Corporation and Owner.
B. Charterer's house colors are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterationscurrently painted on the Vessel, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant Vessel shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause continue to be carried by each contractor so painted during the term of this Charter. Charterer shall have the right to rename the Vessel, and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause for all associated costs therefor. Prior to be paid or file a bond Redelivery, Charterer shall rename the Vessel at its expense in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of sameaccordance with Owner's reasonable instructions. However, Landlord may relinquish such Owner shall in no event have the right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date use of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date Charterer's trademark following Redelivery.
C. The Vessel shall be deemed abandoned by Tenant kept painted and Landlord may either retain such abandoned property or may remove such abandoned property metal surfaces preserved at Tenant’s expenseall times, and Charterer shall maintain the Vessel in as good a condition as delivered, normal wear and tear excepted.
Appears in 2 contracts
Sources: Bareboat Charter and Option to Purchase (International Thoroughbred Breeders Inc), Bareboat Charter and Option to Purchase (International Thoroughbred Breeders Inc)
Alterations. Absent Landlord’s written consent, Tenant may shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and additions, decorations, or improvements (the collectively referred to as “Alterations”) to the Office provided they are non- structural in naturePremises without the prior written consent of Landlord. Landlord may impose, which do not effect the Servicesas a condition to its consent, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by any requirements that Landlord in every instanceits discretion may deem reasonable or desirable. Before making Alterations, Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and permits for the Alterations and upon receiving sameshall perform the work in compliance with all applicable laws, Tenant regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall deliver duplicate or certified copies be entitled to Landlord a supervision fee in the amount of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence 5% of such insurance to Landlord prior to Tenant’s commencing 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 a mechanic’s lien be filed against the Office and/or Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, for work done or claimed to have been done or materials supplied for then Tenant or 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 OfficePremises, including without limitation all Tenant shall pay or cause Improvements constructed pursuant to be paid or file a bond the Work Letter (except as otherwise provided in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materialsWork Letter), but excluding moveable trade fixtures and the like furniture, shall become the property of Landlord upon such installation and shall remain in be surrendered with the Office upon ▇▇▇▇▇▇Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord’s surrender approval, require Tenant to remove by the Expiration Date or sooner termination date of same. Howeverthis Lease, Landlord may relinquish such right of ownership all or any Alterations (including without limitation any Tenant Improvements constructed pursuant to the installations Work Letter) installed either by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become or by Landlord at Tenant’s and must be removed upon request (collectively, the Termination Date“Required Removables”). Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender In connection with its removal of possession of the OfficeRequired Removables, Tenant shall remove all personal property repair any damage to the Premises arising from that removal and installations shall restore the affected area to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished its pre-existing condition, reasonable wear and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensetear excepted.
Appears in 2 contracts
Sources: Lease (Medicinova Inc), Lease (Acacia Research Corp)
Alterations. Absent Landlord’s written consent, 5.2.1 Tenant may shall not make no any alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (Premises that affect the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services structure of the Premises and Building or any Building system (electrical, plumbing, mechanical or life safety), or install any wall or floor covering without Landlord's prior written consent which are done by contractors and sub-contractors approved by Landlord may be withheld in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and 's sole discretion. With respect to any other alteration requested by ▇▇▇▇▇▇, Landlord's consent shall not be unreasonably withheld. Should Landlord consent in writing to Tenant's alteration of the Premises, Tenant shall immediately restore contract with a contractor approved by Landlord for the construction of such alterations (which contractor shall provide Landlord with such certificates of insurance as Landlord shall reasonably require, which certificates of insurance shall name both Landlord and repair Landlord's property manager as additional insureds), shall secure all appropriate governmental approvals and permits, and shall complete such alterations with due diligence in compliance with the Office to that condition existing on plans and specifications approved by Landlord. All such construction shall be performed in a manner which will not interfere with the Commencement Datequiet enjoyment of other tenants of the Building. Any such alterations, wiring, cables, or conduit installed by Tenant shall at once become part of the Premises and all property belong to Landlord except for removable machinery and unattached movable trade fixtures and attached lab equipment. Landlord may at its option require that Tenant remove any alterations, wiring, cables or conduit installed by or for Tenant and restore the Premises to the original condition upon termination of Tenant remaining this Lease. Landlord shall have the right to post notices of non-responsibility in connection with work being performed by ▇▇▇▇▇▇ in the Office after the Termination Date shall be deemed abandoned Premises. Work by Tenant and shall comply with all laws then applicable to the Premises. Tenant shall not allow any liens to attach to the Building or Tenant's interest in the Premises as a result of its activities or any alterations. Landlord may either retain perform alterations to or change the configuration of the Building and other common areas.
5.2.2 Throughout the term of the Lease and notwithstanding the provisions of Section 18 below, Landlord shall have a continuing right (but shall not be obligated) to make alterations and/or improvements to the common areas and any other portions of the Building for any purposes that Landlord deems necessary, in its reasonable business judgment, including, without limitation, alterations or improvements that will affect the operation, design, use or aesthetic of the Building. Landlord shall make reasonable efforts to complete all such abandoned property or may remove such abandoned property at alterations and improvements so as to minimize, to the extent feasible, disturbance to Tenant’s expense.
Appears in 2 contracts
Sources: Office Lease (AbSci Corp), Office Lease (AbSci Corp)
Alterations. Absent Tenant shall not make any alterations, additions, or improvements in or to the Leased Premises without the prior written consent of Landlord’s written consent, which consent may be subject to such conditions as Landlord may deem appropriate but which consent shall not be unreasonably withheld or delayed. Landlord shall use its best efforts to expedite review and approval of Tenant's alteration plans when Tenant's schedule requires expedited review. Except as otherwise expressly provided in the Tenant Improvements Provisions, any such alterations, additions or improvements consented to by Landlord 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 coverings), except trade fixtures and other 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 may make no alterations shall, upon written demand by Landlord, given at least thirty (30) days prior to the Office. With Landlord’s written consent, Tenantend of the Term, at Tenant’s 's sole cost and expense forthwith remove any trade fixtures of Tenant designated by Landlord to be removed, but not alterations, additions or improvements made by Tenant, and Tenant shall forthwith at its sole cost and expense, may make alterations, installations and improvements (the “Alterations”) repair any damage to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services Leased Premises caused by such removal of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expense.
Appears in 2 contracts
Sources: Lease Agreement (Eschelon Telecom Inc), Lease Agreement (Eschelon Telecom Inc)
Alterations. Absent 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 written consent), Tenant may shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and additions, decorations, or improvements (the collectively referred to as “Alterations”) to the Office provided they are non- structural in naturePremises without the prior written consent of Landlord. For all Alterations that require the prior written consent of Landlord, which Landlord’s consent shall not be unreasonably withheld, conditioned or delayed as long as the proposed Alterations do not effect affect the Servicesstructural, utilities 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 contractors 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 operations or services of expenditure by Landlord, then Tenant shall promptly fund the Premises and which are done by contractors and sub-contractors approved by Landlord in every instancecost thereof to Landlord. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and permits for the Alterations and upon receiving sameshall perform the work in compliance with all applicable laws, Tenant regulations and ordinances with contractors reasonably acceptable to Landlord, and except for cosmetic Alterations not requiring a permit, Landlord shall deliver duplicate or certified copies be entitled to Landlord a supervision fee in the amount of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence 5% of such insurance to Landlord prior to Tenant’s commencing 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 a mechanic’s lien be filed against the Office and/or Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, for work done or claimed to have been done or materials supplied for then Tenant or 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 OfficePremises, including without limitation all Tenant shall pay or cause Improvements constructed pursuant to be paid or file a bond the Work Letter (except as otherwise provided in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost Work Letter), but excluding moveable trade fixtures, furniture, office/telephone equipment, computers, and expense. Any installation of materialsother personal property, fixtures and the like shall become the property of Landlord upon such installation and shall remain in be surrendered with the Office upon ▇▇▇▇▇▇’s surrender Premises at the end of same. Howeverthe Term, except that Landlord may relinquish such right of ownership may, by notice to the installations by giving Tenant thirty (30) given at least 30 days written notice prior to the Termination Date Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of such relinquishment of ownershipthis Lease, in which event, they shall become all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s and must be removed upon request (collectively, the Termination Date. Nothing herein is meant to give Landlord any ownership rights in “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 trade fixturesrequest, office furniture and equipment Landlord shall advise Tenant in writing as to which can be easily moved. Upon the Termination Date and surrender of possession portions of the Officesubject 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 remove all personal property and installations have the right to which ▇▇▇▇▇▇▇▇provide Landlord with a second request for consent. Tenant’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office second request for consent must specifically state that Landlord’s failure to that condition existing on the Commencement Date. Any and all property respond within a period of Tenant remaining in the Office after the Termination Date 5 business days shall be deemed abandoned 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 Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseshall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.
Appears in 2 contracts
Sources: Lease (Lombard Medical, Inc.), Lease (Lombard Medical, Inc.)
Alterations. Absent Landlord’s written consentA. From time to time after delivery of the Vessel into Charterer's service, Tenant Charterer may make no structural and other alterations to the Office. With Landlord’s Vessel, its machinery, or electrical equipment, only with Owner's prior written consentapproval, Tenantwhich shall not be unreasonably withheld, at Tenant’s sole cost and expense, may make alterations, installations and improvements (provided the “Alterations”) alterations to the Office provided they Vessel and its equipment are non- structural in nature, which do not effect returned to their original state at or prior to the Services, utilities or other operations or services termination of this Charter and Redelivery of the Premises Vessel to Owner. Owner, however, has the option to retain any alterations made by Charterer at a mutually agreed price. In addition, leased equipment may be placed on board the Vessel by Charterer. At the time of Redelivery, Owner has the right at Owner's expense to continue the lease for such equipment should the lease permit or may require Charterer to have such equipment removed. As to equipment otherwise placed aboard the Vessel by Charterer, Charterer shall have the right to remove same upon Redelivery, provided that if Owner desires to retain the equipment on board the Vessel, it may purchase the equipment at a price to be agreed upon at the time of Redelivery. Any additions or alterations permitted by this Article are subject to approval by the Vessel's classification society and, if required, the U. S. Coast Guard. Notwithstanding anything to the contrary contained in this Charter, Charterer shall not have the right to remove any gaming equipment other than in accordance with that certain Master Lease Agreement (Palm Beach Princess and which Empress II Gaming Equipment), dated as of July 6, 2004, between PDS Gaming Corporation, as Lessor, and Charterer and ITGPB ("Master Lease"), as lessee, without the prior written approval of PDS Gaming Corporation and Owner.
B. Charterer's house colors are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterationscurrently painted on the Vessel, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant Vessel shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause continue to be carried by each contractor so painted during the term of this Charter. Charterer shall have the right to rename the Vessel, and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause for all associated costs therefor. Prior to be paid or file a bond Redelivery, Charterer shall rename the Vessel at its expense in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of sameaccordance with Owner's reasonable instructions. However, Landlord may relinquish such Owner shall in no event have the right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date use of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date Charterer's trademark following Redelivery.
C. The Vessel shall be deemed abandoned by Tenant kept painted and Landlord may either retain such abandoned property or may remove such abandoned property metal surfaces preserved at Tenant’s expenseall times, and Charterer shall maintain the Vessel in as good a condition as delivered, normal wear and tear excepted.
Appears in 2 contracts
Sources: Bareboat Charter and Option to Purchase (International Thoroughbred Breeders Inc), Bareboat Charter and Option to Purchase (International Thoroughbred Breeders Inc)
Alterations. Absent Landlord’s written consent, Tenant may shall not make no any alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements Premises (the “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 Office provided they are non- structural 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 nature, which do not effect accordance with the Services, utilities or other operations or services laws of the Premises and state in which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises are located. All Alterations made by Tenant, whether or not subject to Landlord’s consent, shall be performed by Tenant and the Alterations its contractors in a first class workmanlike manner and upon receiving same, permits and inspections shall be obtained from all required governmental entities. Landlord shall respond to Tenant shall deliver duplicate or certified copies to Landlord within fifteen (15) business days of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence actual receipt of such insurance to Landlord prior to Tenant’s commencing the written request for consent to any Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed If Landlord fails to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien respond within thirty (30) days of said filing actual receipt, the Alterations shall be deemed approved and not subject to removal at Tenantthe end of the Term. At the time Landlord gives its consent to any Alterations, 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, upon 60 days prior written notice before the expiration of the Term, require Tenant to remove some or all of the Alterations for which Landlord’s sole consent was not previously requested. Before the last day of the Term, Tenant shall at its own cost and expensealso remove those Alterations for which Landlord previously notified Tenant removal would be required. Any installation of materialsIf Landlord so elects, fixtures and the like Tenant shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership at its own cost restore those Alterations for which consent was not previously requested to the installations condition designated by giving Tenant thirty (30) days written notice prior to Landlord in its election, before the Termination Date last day of such relinquishment of ownership, the Term. Should Landlord consent 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 writing to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession Alteration of the OfficePremises, Tenant shall remove contract with a contractor approved by Landlord for the construction of such Alterations, shall secure all personal property appropriate governmental approvals and installations 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 which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished 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 restore above, shall be obligated to remove as of the Expiration Date of this Lease any alterations and repair improvements to the Office Premises made subsequent to that condition existing on the Commencement DateDate of the Prior Lease (as defined below) which Landlord has not approved in writing. Any If Landlord fails to inspect or provide written notice regarding its approval to Tenant within the ninety (90) day period described above, all existing alterations and all property of Tenant remaining in the Office after the Termination Date improvements shall be deemed abandoned by Tenant approved and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseneed not be removed as of the Expiration Date of this Lease.
Appears in 2 contracts
Sources: Standard Single Tenant NNN Lease (Lsi Logic Corp), Standard Single Tenant NNN Lease (Lsi Logic Corp)
Alterations. Absent Tenant shall make no alterations, additions or improvements to the Premises without the prior written consent of Landlord’s written , 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, Tenant any requirements that Landlord, in its discretion, may make no alterations 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 Office. With Landlord’s written consentmanner, Tenant, at Tenant’s sole cost time and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services contractor for performance of the Premises and which are done by contractors and sub-contractors approved by work. Landlord in every instance. Before making Alterations, may require that Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of enter into an agreement with Landlord for the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause work to be carried performed by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished 's contractor, in which event Tenant shall pay to Landlord, 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 work and shall perform the work in `compliance with all applicable laws, regulations and ordinances. of Under no circumstances shall Tenant make any improvement which incorporates asbestos-containing construction materials into the Premises. Any request for ▇▇▇▇▇▇▇▇'s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (excluding moveable trade fixtures and furniture) shall become the property of Landlord and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date or sooner termination date of this Lease all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request, and to repair any damage to the Premises arising from that 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 immediately restore furnish to Landlord a complete set of "as-built" plans and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensespecifications.
Appears in 2 contracts
Sources: Assignment of Lease (NBC Internet Inc), Assignment of Lease (Xoom Inc)
Alterations. Absent 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 's written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Without Landlord's prior consent, Tenant may shall be entitled to make nonstructural alterations and additions which (i) do not adversely affect the plumbing, heating, air conditioning, ventilation, electrical, mechanical and life safety systems of the Demised Premises and the Building (ii) do not materially reduce the overall quality of the leasehold improvements in the Demised Premises below the average level of quality typically found in first-class office buildings in the Buckhead area of Atlanta, Georgia (iii) are not visible from the exterior of the Building (due to unusual lighting of such alterations or additions in close proximity to the Building's exterior windows), and (iv) do not involve a Non-Standard Alteration ("Permitted Changes"). Other than the Permitted Changes, Tenant shall make no alterations in, or additions to, the Demised Premises without first obtaining, in writing, Landlord's consent for such alterations or additions, which consent shall not be unreasonably withheld or conditioned. Any such alterations, additions or improvements to the OfficeDemised Premises consented to by Landlord, except for Permitted Changes shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within twenty (20) days after receipt of a statement. With All such alterations, additions and improvements shall become Landlord’s written consent, 's property at the expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by notice to Tenant, to be given, if at Tenant’s all, at the time Landlord consents to such alterations, additions and improvements, to have Tenant remove such alterations, additions and improvements, in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its sole cost and expense, may make alterations, installations and improvements (the “Alterations”) Demised Premises to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice its condition prior to the Termination Date installation of such relinquishment of ownershipalterations, in which eventadditions and improvements, they shall become Tenant’s normal wear and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensetear excepted.
Appears in 2 contracts
Sources: Lease Agreement (Premiere Global Services, Inc.), Lease Agreement (Premiere Global Services, Inc.)
Alterations. Absent Tenant shall not make 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 Landlord’s '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 to such alterations, Landlord may post notices in accordance with the laws of the state in which the premises are located. Any alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, except that Landlord may, on or before expiration of the term, elect to require Tenant to remove any alterations which Tenant may make no have made to the Premises. At the time Tenant submits plans for alterations to Landlord for Landlord's approval, Tenant may request that Landlord elect whether such alterations shall be removed at the Officetermination of this Lease, and if so requested, Landlord shall make such election simultaneous with its approval of the alterations. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make If Landlord elects to require removal of the alterations, installations and improvements (then at its own cost Tenant shall restore the “Alterations”) Premises to the Office provided they are non- structural condition designated by Landlord in natureits election, which do not effect before the Services, utilities or other operations or services last day of the Premises and which are done by contractors and sub-contractors 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 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 every instancecompliance with plans and specifications reasonably approved by Landlord. Before making Alterations, 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 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 obtain pay all permits, approvals, certificates required by any costs for such construction and all municipal authorities or other agencies having jurisdiction of shall keep the Premises and the Alterations Project free and upon receiving sameclear of all mechanics' liens which may result from construction by Tenant. If requested by Landlord, Tenant shall deliver duplicate post a bond or certified copies other security reasonably satisfactory to Landlord of each and every oneto protect against liens. Tenant shall carry and cause to be carried will pay directly or reimburse Landlord for any reasonable cost incurred by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, Landlord in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office reviewing plans and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensemonitoring construction.
Appears in 2 contracts
Sources: Office Lease Agreement (F5 Networks Inc), Office Lease Agreement (F5 Networks Inc)
Alterations. Absent Landlord’s written consenta. Tenant shall not make any alterations, Tenant may make no alterations additions or improvements to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost Premises (including but not limited to roof and expense, may make alterations, installations and improvements wall penetrations) (the collectively “Alterations”) to without the Office provided they are non- structural in natureprior written consent of Landlord, which do not effect consent may be granted or withheld in Landlord’s sole discretion. All Alterations erected by Tenant shall be and remain the Servicesproperty of Tenant during the Term, utilities or other operations or services of and shall be removed by Tenant from the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing vacation of the AlterationsPremises. Should a mechanicNotwithstanding the foregoing, if Landlord so elects prior to the Expiration Date or Tenant’s lien be filed against earlier vacation of the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like all such Alterations shall become the property of Landlord upon such installation Landlord, at no cost or expense to Landlord, and shall remain be delivered to Landlord with the Premises.
b. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good and workmanlike manner, erect such shelves, bins, machinery and trade fixtures within the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord Premises as it may relinquish such right of ownership to the installations by giving Tenant thirty deem advisable (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become collectively “Tenant’s Personal Property”), without altering the basic character of the Buildings or improvements and must without overloading or damaging the Buildings or improvements, and in each case in compliance with all Laws. All of Tenant’s Personal Property shall be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and by Tenant prior to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession vacation of the OfficePremises.
c. Upon removal by Tenant of all Alterations, if applicable, and Tenant’s Personal Property, Tenant shall remove all personal property restore the Premises to their original condition, reasonable wear and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished tear excepted. All such removals and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date restoration shall be deemed abandoned by Tenant accomplished in a good and Landlord may either retain such abandoned property workmanlike manner so as not to damage the primary structure or may remove such abandoned property at Tenant’s expensestructural qualities of the Buildings and other improvements situated within the Premises.
Appears in 2 contracts
Sources: Lease Agreement (RHINO BIOTECH LTD), Lease Agreement (RHINO BIOTECH LTD)
Alterations. Absent Landlord’s written consentTenant shall not make any alterations, Tenant may make no alterations additions or improvements to the Officepremises (including but not limited to roof and wall penetrations) without the prior written consent of Landlord, not to be unreasonably withheld. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make All alterations, installations additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements (and partitions erected by Tenant and restore the “Alterations”) premises to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services their original condition as of the Premises Commencement Date (ordinary wear and which are done tear excepted) by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities the date of termination of this Lease or other agencies having jurisdiction upon earlier vacating of the Premises and the Alterations and upon receiving samepremises; provided, Tenant shall deliver duplicate or certified copies to however, that if Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord so elects prior to Tenant’s commencing termination of this Lease or upon earlier vacating of the Alterations. Should a mechanic’s lien be filed against the Office and/or Premisespremises, for work done or claimed to have been done or materials supplied for Tenant or to the Officesuch alterations, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost additions, improvements and expense. Any installation of materials, fixtures and the like partitions shall become the property of Landlord as of the date of termination of this Lease or upon such installation earlier vacating of the premises and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership be delivered up to the installations Landlord with the premises. Equipment and furniture that do not constitute fixtures which are installed by giving Tenant thirty (30) days written notice may be removed by Tenant prior to the Termination Date termination of such relinquishment of ownershipthis lease if Tenant so elects, in which eventprovided no default by Tenant hereunder shall then exist, they and shall become Tenant’s and must be removed by the date of termination of this Lease or upon earlier vacating of the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily movedpremises if required by Landlord. Upon any such removal Tenant shall restore the Termination Date and surrender of possession premises to their original condition as of the Office, Tenant Commencement Date (ordinary wear and tear excepted). All such removals and restoration shall remove all personal property be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and installations other improvements to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing be situated on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensepremises.
Appears in 2 contracts
Sources: Lease Agreement (Carlyle Golf Inc), Lease Agreement (Carlyle Golf Inc)
Alterations. Absent 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 written consent), Tenant may shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and additions, decorations, or improvements (the collectively referred to as “Alterations”) to the Office provided they are non- structural in naturePremises without the prior written consent of Landlord. For all Alterations that require the prior written consent of Landlord, which Landlord’s consent shall not be unreasonably withheld, conditioned or delayed as long as the proposed Alterations do not effect affect the Servicesstructural, utilities 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 operations or services of expenditure by Landlord, then Tenant shall promptly fund the Premises and which are done by contractors and sub-contractors approved by Landlord in every instancecost thereof to Landlord. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and permits for the Alterations and upon receiving sameshall perform the work in compliance with all applicable laws, Tenant regulations and ordinances with contractors reasonably acceptable to Landlord, and except for cosmetic Alterations not requiring a permit, Landlord shall deliver duplicate or certified copies be entitled to Landlord a supervision fee in the amount of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence 3% of such insurance to Landlord prior to Tenant’s commencing 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, mechanical and electrical plans, and the reasonable cost of that review shall be reimbursed by Tenant Should a mechanic’s lien be filed against the Office and/or Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, for work done or claimed to have been done or 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 supplied for Tenant or of a quality reasonably approved by Landlord Unless Landlord otherwise agrees in writing, all Alterations affixed to the OfficePremises, including without limitation all Tenant shall pay or cause Improvements constructed pursuant to be paid or file a bond the Work Letter (except as otherwise provided in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost Work Letter), but excluding moveable trade fixtures, furniture, office/telephone equipment, computers and expense. Any installation of materials, fixtures and the like other personal property shall become the property of Landlord upon such installation and shall remain in be surrendered with the Office upon ▇▇▇▇▇▇’s surrender Premises at the end of same. Howeverthe Term, except that Landlord may relinquish such right of ownership may, by notice to the installations by giving Tenant thirty (30) given at least 45 days written notice prior to the Termination Date Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of such relinquishment of ownershipthis Lease, in which event, they shall become all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s and must be removed upon request (collectively, the Termination Date. Nothing herein is meant to give Landlord any ownership rights in “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 trade fixtures, office furniture and equipment which can be easily movedrequest. Upon If Landlord fails to respond to any request for consent within the Termination Date and surrender of possession of 10 day period set forth in the Officepreceding sentence, Tenant shall remove all personal property and installations have the right to which ▇▇▇▇▇▇▇▇provide Landlord with a second request for consent. Tenant’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office second request for consent must specifically state that Landlord’s failure to that condition existing on the Commencement Date. Any and all property respond within a period of Tenant remaining in the Office after the Termination Date 5 days shall be deemed abandoned 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 Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseshall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.
Appears in 2 contracts
Sources: Lease (Inari Medical, Inc.), Lease (Inari Medical, Inc.)
Alterations. Absent Landlord’s written consentSubject to the requirements of Section 12 of the Primary Lease, Tenant may provided that Subtenant submits reasonably detailed plans therefor to Sublandlord and to Primary Landlord at least fifteen (15) business days before the commencement of construction, Subtenant shall be entitled to make no interior, non-structural alterations to the OfficeSublease Space from time to time, including, without limitation, the removal or relocation of interior, non-load bearing walls and partitions. With Landlord’s Subtenant shall make no structural or exterior changes or alterations to the Sublease Space without the prior written consentconsent of Primary Landlord and Sublandlord. The consent of Sublandlord shall not be unreasonably withheld or delayed. Subtenant shall, Tenantprior to the expiration or earlier termination of this Sublease, at Tenant’s its sole cost and expense, may make alterations, installations and improvements (restore the “Alterations”) Sublease Space to the Office provided they are non- structural condition that existed prior to the making of any alterations made by Subtenant (ordinary wear and tear and any alterations consented to by Primary Landlord and Sublandlord excepted, unless such restoration was a condition to such consent), if then requested to do so by Sublandlord and Primary Landlord. This obligation of restoration shall expressly survive the expiration or earlier termination of this Sublease. Any work performed by Subtenant, or at its instance, in naturethe Sublease Space shall be done in good and workmanlike manner using materials of the same quality as used by the Primary Landlord in constructing the building on the Primary Property. Subtenant shall not, at any time, permit any work to be performed in the Sublease Space, except by duly licensed contractors or artisans, each of whom must carry adequate workmen’s compensation insurance, general public liability insurance, and “all-risk” builders risk insurance, certificates of which do not effect shall be furnished to Primary Landlord and Sublandlord prior to commencement of any such work. Subtenant shall keep the ServicesSublease Space free and clear of all mechanic’s liens arising out of any work performed or alleged to be performed for or at the request of Subtenant or its agents or subtenants. Nothing contained in this Sublease shall constitute any consent or request by Primary Landlord or Sublandlord, utilities express or implied, for the performance of any labor or services, or the furnishing of any materials or other operations property in respect to the Sublease Space, or services any part thereof, nor as giving Subtenant any right, power or authority to contract for, or permit the performance of, any labor or services, or the furnishing of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities materials or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insuranceproperty, in such amounts fashion as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence would permit the making of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed any claim against the Office and/or Premises, for work done Primary Landlord and Sublandlord or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond their respective interests in the amount stated Property in respect thereof. In the mechanic’s event such work results in a claim of lien, Subtenant shall hold Primary Landlord and Sublandlord harmless from such lien within thirty (30) days or claim of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenselien.
Appears in 2 contracts
Sources: Sublease, Sublease (Trimeris Inc)
Alterations. Absent 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 written consent), Tenant may shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and additions, decorations or improvements (the collectively referred to as “Alterations”) to the Office provided they are non- structural in nature, which Premises without the prior written consent of Landlord. Landlord’s consent shall not be unreasonably withheld as long as the proposed Alterations do not effect affect the Servicesstructural, utilities 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 contractors 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 operations or services of expenditure by Landlord, then Tenant shall promptly fund the Premises and which are done by contractors and sub-contractors approved by Landlord in every instancecost thereof to Landlord. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and permits for the Alterations and upon receiving sameshall perform the work in compliance with all applicable laws, Tenant regulations and ordinances with contractors reasonably acceptable to Landlord, and except for cosmetic Alterations not requiring a permit, Landlord shall deliver duplicate or certified copies be entitled to Landlord a supervision fee in the amount of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence 5% of such insurance to Landlord prior to Tenant’s commencing 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 a mechanic’s lien be filed against the Office and/or Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, for work done or claimed to have been done or 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 supplied for Tenant or of a quality reasonably approved by Landlord Unless Landlord otherwise agrees in writing, all Alterations affixed to the OfficePremises, including without limitation all Tenant shall pay or cause Improvements constructed pursuant to be paid or file a bond the Work Letter (except as otherwise provided in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materialsWork Letter), but excluding moveable trade fixtures and the like furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord upon such installation may, by notice to Tenant given at the time 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 shall remain 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 Office upon ▇▇▇▇▇▇Alteration or any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant’s surrender of same. Howeverrequest, Landlord may relinquish such right of ownership shall advise Tenant in writing as to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession portions of the Officesubject Alterations are Required Removables. In connection with its removal of Required Removables, Tenant shall remove all personal property repair any damage to the Premises arising from that removal and installations shall restore the affected area to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished its pre-existing condition, reasonable wear and tear excepted. Landlord agrees that the Tenant shall immediately restore Improvements as and repair to the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining extent set forth in the Office after the Termination Date Plan and Cost Estimate referenced in Exhibit X shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensenot constitute Required Removables.
Appears in 2 contracts
Sources: Lease (MDxHealth SA), Lease (MDxHealth SA)
Alterations. Absent A. Tenant shall make no change, alteration, addition or improvement (each hereinafter referred to as an “alteration”) in or to the demised premises, without the prior written consent of Landlord, which consent may be withheld in Landlord’s written consentsole discretion if such alteration is not a “Tenant Alteration” (defined below) that complies with items (i) –(v) in Paragraph B below, Tenant may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done then only by contractors or mechanics and sub-contractors in such manner and with such materials as shall be reasonably approved by Landlord in every instanceLandlord, such approval not to be unreasonably delayed. Before making Except for “Specialty Alterations” (as hereinafter defined), Tenant shall obtain all permitshave no obligation to remove any permitted alterations, approvals, certificates required additions and improvements made by any and all municipal authorities or other agencies having jurisdiction Tenant in accordance herewith at the expiration of the Premises and the Alterations and upon receiving sameterm of this lease; provided, however, Tenant shall deliver duplicate or certified copies be required to remove any Specialty Alterations that Landlord of each and every oneso designates at the time Landlord grants its consent thereto. Tenant For purposes hereof, the term “Specialty Alterations” shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty mean (30i) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, (ii) raised flooring, (iii) alterations which penetrate floor slabs or affect the exterior of the Building and (iv) safes or vaults and other installations which would be unusually difficult or expensive to remove. All alterations, to the demised premises, including, without limitation, window and central air conditioning equipment and duct work, if any, and fixtures, equipment and built-ins, except movable office furniture and equipment which can installed at the expense of Tenant, shall, unless Landlord elects otherwise in writing at the time consent is requested, become the property of Landlord, and shall be easily moved. Upon surrendered with the Termination Date and surrender of possession demised premises at the expiration or sooner termination of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Dateterm of this lease. Any such alterations, additions and all property of Tenant remaining in improvements that Landlord shall designate at the Office after the Termination Date time consent is requested, shall be deemed abandoned removed by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property any damage repaired, at Tenant’s expenseexpense prior to the expiration of the term of this lease.
Appears in 2 contracts
Sources: Lease Agreement (On Deck Capital Inc), Lease Agreement (On Deck Capital Inc)
Alterations. Absent Within a reasonable time period following Landlord’s receipt of a written consent, request by Tenant may make no alterations to given the Office. With availability of Landlord’s written consentemployees, TenantLandlord shall, at Tenant’s sole cost and expense, may make alterationsperform the following maintenance and repair obligations of Tenant within the Premises: repair and maintain the mechanical (including HVAC), installations electrical and improvements (plumbing systems within the “Alterations”) to Premises, lighting, floor covering, affixed interior partitions, doors, stairs and demising walls. In the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services event that Tenant so requests that Landlord perform any of the Premises and foregoing work on Tenant’s behalf, within 10 days of Landlord’s request therefore (which are done request shall be accompanied by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence reasonable documentation 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 Officecosts and expenses), Tenant shall pay or cause to be paid or file a bond in Landlord the amount stated incurred by Landlord in connection with the mechanic’s lien within thirty (30) days performance of said filing at such work on Tenant’s sole cost and expense. Any installation of materials, fixtures behalf (and the like reimbursement of such costs and expenses shall become be deemed Additional Rent for purposes of this Lease). Subject to the property 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 upon by the terms of this Lease, to the extent such installation insurance would not have covered the loss), Tenant shall reimburse Landlord for the cost of repairing damage to the Building caused by the acts of Tenant, Tenant Related Parties and their respective contractors and vendors. If Tenant fails to make any repairs to the Premises required of Tenant by the terms of this Lease for more than 15 days after notice from Landlord (although notice shall remain not be required in the Office upon ▇▇▇▇▇▇’s surrender of same. Howeveran emergency), Landlord may relinquish such right of ownership to make the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownershiprepairs, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair pay the Office reasonable cost of the repairs, together with a reasonable administrative charge not to that condition existing on exceed to 10% of the Commencement Date. Any and all property cost of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenserepairs.
Appears in 2 contracts
Sources: Office Lease Agreement, Office Lease Agreement (Netsuite Inc)
Alterations. Absent 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 written building standard materials (which work shall require notice to Landlord but not Landlord’s consent), Tenant may shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and additions, decorations, or improvements (the collectively referred to as “Alterations”) to the Office provided they are non- structural in naturePremises without the prior written consent of Landlord. Landlord may impose, which do not effect the Servicesas a condition to its consent, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by any requirements that Landlord in every instanceits discretion may deem reasonable or desirable. Before making Alterations, Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and permits for the Alterations and upon receiving sameshall perform the work in compliance with all applicable laws, Tenant regulations and ordinances with contractors reasonably acceptable to Landlord. Except for cosmetic Alterations not requiring a permit, Landlord shall deliver duplicate or certified copies be entitled to Landlord a supervision fee in the amount of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence 5% of such insurance to Landlord prior to Tenant’s commencing the cost of the Alterations. Landlord may elect to cause its architect to review T▇▇▇▇▇’s architectural plans, and the reasonable cost of that review shall be reimbursed by T▇▇▇▇▇. Should a mechanic’s lien be filed against the Office and/or Alterations proposed by T▇▇▇▇▇ and consented to by Landlord change the floor plan of the Premises, for work done or claimed to have been done or materials supplied for then Tenant or 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 OfficePremises, including without limitation all Tenant shall pay or cause Improvements constructed pursuant to be paid or file a bond the Work Letter (except as otherwise provided in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materialsWork Letter), but excluding moveable trade fixtures and the like furniture, shall become the property of Landlord upon such installation and shall remain in be surrendered with the Office upon ▇▇▇▇▇▇Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord’s surrender approval, require Tenant to remove by the Expiration Date or sooner termination date of same. Howeverthis Lease, Landlord may relinquish such right of ownership all or any Alterations (including without limitation any Tenant Improvements constructed pursuant to the installations Work Letter) installed either by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become or by Landlord at Tenant’s and must be removed upon request (collectively, the Termination Date“Required Removables”). Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender In connection with its removal of possession of the OfficeRequired Removables, Tenant shall remove all personal property repair any damage to the Premises arising from that removal and installations shall restore the affected area to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished its pre-existing condition, reasonable wear and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensetear excepted.
Appears in 2 contracts
Sources: Lease Agreement (Robot Cache US Inc.), Lease Agreement (Robot Cache US Inc.)
Alterations. Absent Except for Pre-Approved Alterations, Tenant will not make or suffer to be made any major alterations, additions or improvements to or of the Demised Premises or any part of the Demised Premises, or attach any fixtures or equipment to the Demised Premises, without first obtaining Landlord’s written consent. All such alterations, additions and improvements consented to by Landlord will be performed by contractors and subject to conditions specified by Landlord (which may include Landlords approval of Tenants contractors, requiring the posting of a mechanic’s or materialmen’s ▇▇▇▇ ▇▇▇▇, Insurance naming Landlord as “Additional Insured”). Subject to Tenant’s rights in Article 16.00, all alterations, additions, fixtures and improvements, whether temporary or permanent in character, made in or upon the Demised Premises either by Tenant or Landlord, will immediately become Landlord’s property and at the end of the Term will remain on the Demised Premises without compensation to Tenant. Other than Pre-Approved Alterations, by notice given to Tenant no less than ten (10) days prior to the expiration of this Lease, Landlord may require that Tenant remove any or all alterations, additions, fixtures and improvements which are made in or upon the Demised Premises after the initial improvements to the Demised Premises unless specified to the contrary they shall be removed by Tenant. In that event, Tenant may make no alterations to the Office. With Landlord’s written consentwill remove such alterations, Tenantadditions, fixtures and improvements at Tenant’s sole cost and expense, may make will restore the Demised Premises to the condition in which they were before such alterations, installations additions, fixtures, improvements and improvements (additions were made, reasonable wear and tear excepted. For the “Alterations”) to purposes of this Lease, Pre-Approved Alterations shall mean those alternations described in the Office provided they Tenant’s Work Exhibit attached hereto as Exhibit C. Such Pre-Approved Alterations are non- structural in nature, which do not effect hereby approved by the Services, utilities or other operations or services written consent of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in not require removal at the Office upon ▇▇▇▇▇▇’s surrender expiration of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensethis Lease.
Appears in 2 contracts
Sources: Office Lease Agreement, Office Lease Agreement (Acacia Communications, Inc.)
Alterations. Absent Landlord’s written consent, Tenant may make no alterations Notwithstanding anything in this Sublease to the Officecontrary, except as otherwise expressly provided in this Section 9, Subtenant shall not make any alterations, improvements, or additions to the Sublease Space (“Alterations”) without the prior written consent of Sublandlord and of Landlord. With Subtenant shall reimburse Sublandlord for all out-of-pocket costs payable by Sublandlord with regard to reviewing any proposed Alterations and all other reasonable out-of-pocket costs Sublandlord may incur in connection with reviewing Subtenant’s proposed Alterations including, without limitation, fees and costs for engineers, architects, attorneys and other consultants. Upon expiration of the Sublease Term, to the extent allowed under the Prime Lease, Subtenant shall remove (i) all of its trade fixtures and personal property from the Sublease Space and repair any damage resulting from such installation or removal, and (ii) upon request from Sublandlord or Landlord’s written consent, Tenantall Alterations that either had not been approved by Sublandlord and/or Landlord in writing, or for which Sublandlord or Landlord required their removal at the time they granted their consent in connection therewith, and Subtenant shall promptly restore the Sublease Space to the condition then existing prior to such removal. Notwithstanding anything in this Sublease to the contrary, if Landlord notifies Sublandlord to remove any Alterations at the expiration or earlier termination of the Prime Lease, then Subtenant, at Tenant’s its sole cost and expense, may make alterations, installations and improvements (shall remove such Alterations before the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities Expiration Date or other operations or services earlier termination of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instancethis Sublease. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond The obligations set forth in the amount stated in preceding sentence shall survive the mechanic’s lien within thirty (30) days termination or expiration of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensethis Sublease.
Appears in 2 contracts
Sources: Sublease Agreement, Sublease Agreement (Verrica Pharmaceuticals Inc.)
Alterations. Absent Landlord’s written consentSubject to the terms and provisions of this Sublease, Tenant may Subtenant shall accept the existing improvements to the Premises in their “as is” condition as of the date hereof and shall have no obligation to remove those existing improvements at the end of the Term. Additionally, Subtenant shall have no obligation to remove the existing raised flooring at the end of the Term. Subtenant shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make other alterations, installations and installations, additions or improvements (the collectively, “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of about the Premises and which are done by contractors and sub-contractors approved by without the prior written consent of Prime Landlord in every instance. Before making Alterationseach instance as provided in the Prime Lease, Tenant it being understood that any Alterations consented to by Prime Landlord shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed deemed to have been done consented to by Sublandlord provided and on condition that (a) Prime Landlord’s consent states that neither Subtenant nor Sublandlord shall be required to restore the Premises upon expiration or materials supplied for Tenant or earlier termination of this Sublease to the Officecondition prior to such installation of Alteration and (b) all requests for such consent shall be delivered to Sublandlord for delivery to Prime Landlord. If Prime Landlord’s consent does not so state, Tenant then Sublandlord’s consent to such alterations shall pay not be unreasonably withheld, conditioned or cause to delayed. All Alterations shall be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing performed by Subtenant at Tenant’s its sole cost and expenseexpense and in compliance with all of the provisions of the Prime Lease, including the provisions requiring Prime Landlord’s prior written consent. Any installation In the event that Subtenant shall make any Alterations, Subtenant shall, if required by Prime Landlord and Sublandlord, upon consent for making such Alteration, restore the Premises to their original condition at the commencement of materials, fixtures the Sublease (reasonable wear and tear excepted) at the like shall become the property expiration of Landlord upon such installation and shall remain this Sublease. Subtenant will only be required to restore Specialty Alterations (as defined in the Office upon ▇▇▇▇▇▇Prime Lease) if required by Prime Landlord. Subtenant hereby indemnifies and holds Sublandlord harmless from any liability, it may incur to Prime Landlord or others resulting from Subtenant’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseAlterations.
Appears in 2 contracts
Sources: Sublease Agreement, Sublease Agreement (Getty Images Inc)
Alterations. Absent Landlord’s written consentOther than the Tenant Improvements, Tenant may shall not make no any structural alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and or improvements in or additions (the “Alterations”) to the Office provided they are non- structural Premises or make any changes to locks on doors or add to, disturb or in natureany way change any of the wiring or plumbing in the Premises or the Buildings, without first obtaining the written consent of Landlord, and, when appropriate, in accordance with plans and specifications approved by Landlord, which consent shall not be unreasonably withheld. All such Alterations shall be at the sole cost and expense of Tenant and shall be performed by contractors or mechanics approved by Landlord, which consent shall not be unreasonably withheld. All work with respect to any such Alterations shall be done in a good and workmanlike manner, shall be of a quality equal to or exceeding the then existing construction standards for the Buildings and must be of a type, and the floors and ceilings must be finished in a manner, customary for general office use and other uses common to similar office buildings in the vicinity. Such Alterations shall be diligently prosecuted to completion. All such Alterations shall be made strictly in accordance with all laws, regulations and ordinances relating thereto, and no interior improvements installed by Landlord in the Premises may be removed unless the same are promptly restored to a condition similar or better. Landlord hereby reserves the right to require any contractor or mechanic working the Premises to provide lien waivers and liability insurance covering such Alterations to the Premises. Tenant shall give Landlord ten (10) days’ written notice of the commencement of any Alterations and agrees to allow Landlord and its Lender to enter the Premises at reasonable times and post appropriate notices to avoid liability to contractors or material suppliers for payment for such Alterations. Notwithstanding anything contained herein to the contrary, Tenant may make any nonstructural interior Alterations that do not effect adversely affect the Servicesvalue of the Premises, utilities the structural integrity of the Buildings or other operations any Building system without Landlord’s consent. No Alterations shall adversely affect either the strength or exterior appearance, or the mechanical, electric or plumbing services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every oneBuildings. Tenant shall carry reimburse Landlord for any reasonable sums expended by Landlord for examination and cause approval of architectural or mechanical plans and specifications of the Alterations provided that Landlord shall not charge any examination fee in connection with the Tenant Improvements. Tenant shall also reimburse Landlord for reasonable direct costs incurred during any inspection of the Alterations. All damages or injury done to the Premises or Buildings by Tenant or by any persons who may be carried in or upon the Premises or Buildings with the express or implied consent of Tenant, including but not limited to the cracking or breaking of any glass of windows and doors, shall be paid for by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured Tenant and Tenant shall deliver evidence pay for all damage to the Buildings caused by negligent acts or omissions of such insurance to Landlord prior to Tenant or Tenant’s commencing officers, contractors, agents, invitees while in the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done licensees, or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseemployees.
Appears in 1 contract
Sources: Lease Agreement (Blue Nile Inc)
Alterations. Absent Landlord’s written consent, Tenant may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of accept the Leased Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every onein "as is" condition. Tenant shall carry make no alterations, additions or improvements to the office space (such as subdividing partitions of installing walls, paneling, bookshelves, floor covering, cabinets, and cause similar items) without obtaining the prior written consent of Landlord. Such consent shall not be unreasonably withheld in the case of minor alterations to conform the office space to the use of Tenant. Tenant shall bear the cost and be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and solely responsible for the property damage insuranceor bodily injury resulting from any alterations which are permitted by Landlord hereunder. When made, in such amounts as Landlord requiresadditions or improvements made by Tenant (except only moveable office furniture, naming Landlord as insured book shelves and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30similar equipment) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain upon and be surrendered with the office space at the termination of this Lease or upon Tenant's vacating said premises. Landlord may, at its option, however, require Tenant to remove any such additions or improvements which Landlord designates in written notice, delivered to Tenant specifying the Office upon ▇▇▇▇▇▇’s surrender items to be removed. Upon receipt of samesuch notice Tenant shall complete the removal of the designated items not later than the date of the expiration or earlier termination of this Lease or five (5) days after receiving such notice, whichever is later. HoweverTenant agrees to and shall promptly reimburse Landlord for any expenses which Landlord incurs in connection with removing such items (if Tenant fails to do so) and restoring the office space to its original condition. Tenant, Landlord may relinquish such right of ownership at its sole cost and expense, shall comply with all applicable laws, rules and regulations relating to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseLeased Premises.
Appears in 1 contract
Alterations. Absent Landlord’s written consent(a) Sublessee shall not make any alterations, Tenant may make no alterations additions or improvements to the OfficeSubleased Premises (“Alterations”) without the prior written consent of Sublessor. With Landlord’s written consent, Tenant, Such consent may be granted or withheld in the reasonable discretion of Sublessor and may be granted subject to any reasonable terms or conditions which Sublessor may impose. All Alterations shall be made at Tenant’s Sublessee's sole cost and expense, may make alterationsin a good and workmanlike manner, installations in accordance with all applicable Governmental Requirements and improvements in accordance with the Prime Lease.
(b) Upon the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities expiration or other operations or services sooner termination of the Sublease Term, all Alterations shall remain on the Subleased Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Sublessor unless the Prime Landlord upon shall give written notice to Sublessor or Sublessee to remove the same at the time consent to such Alteration was requested. When requesting Prime Landlord’s approval of any Alterations, Sublessee will specifically request that Prime Landlord identify any Alterations that will not be required to be removed, and Sublessee agrees that any Alterations not so identified will be required to be removed. Sublessee will remove any Alterations which the Prime Landlord requires be removed, and will repair and restore in accordance with the Prime Lease any damage to the Subleased Premises caused by the installation or removal of such Alterations. Should Sublessee fail to do so, Sublessor may do so, and the cost and expense thereof, together with interest at the Overdue Interest Rate from the date such costs and expenses were incurred by Sublessor, shall remain in the Office upon be paid by Sublessee to Sublessor as Additional Rent within ten (10) days after Sublessee’s receipt of a b▇▇▇▇▇▇’s surrender ▇ and supporting documentation setting forth such costs and expenses. As used herein, the “Overdue Interest Rate” shall be the rate of same. However, Landlord may relinquish such right interest referenced in clause (b) of ownership to the installations by giving Tenant thirty Section 3 (30Rent) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseOriginal Prime Lease.
Appears in 1 contract
Alterations. Absent 6.1 Tenant shall not make any alterations, improvements or changes in the Premises (“Alterations”) without Landlord’s prior written consent, . Any Alterations shall be completed by Tenant may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense: (i) with due diligence, in a good and workmanlike manner, using existing and/or new materials; (ii) in compliance with plans and specifications approved by Landlord; (iii) in compliance with the construction rules and regulations promulgated by Landlord from time to time; (iv) in accordance with all applicable Laws (including all work, whether structural or non-structural, inside or outside the Premises, required to comply fully with all applicable Laws and necessitated by Tenant’s work); and (v) in compliance with any other reasonable conditions established by Landlord. Such conditions may make alterationsinclude requirements for Tenant to provide payment or performance bonds or additional insurance from Tenant or Tenant’s contractors, installations and improvements (the “Alterations”) subcontractors or design professionals. Landlord also may require that any Alterations be subject to the Office provided they are non- structural supervision of Landlord or its designee. If any work outside the Premises, or any work on or adjustment of any of the Building Systems, is required in natureconnection with or as a result of Tenant’s Alterations, which do not effect such work shall be performed at Tenant’s expense by contractors designated by Landlord. Landlord’s right to review and approve (or withhold approval of) Tenant’s plans, drawings, specifications, contractor(s) and other aspects of construction work proposed by Tenant is intended solely to protect Landlord, the ServicesProperty and Landlord’s interests. No approval or consent by Landlord shall be deemed or construed to be a representation or warranty by Landlord as to the adequacy, utilities sufficiency, fitness or suitability of such work or compliance of such work with applicable laws or other operations or services requirements. Except as otherwise provided in Landlord’s consent, all Alterations shall, upon installation, become part of the Premises realty and which are done by contractors be the property of Landlord. Landlord shall review and sub-contractors approved by Landlord in every instance. respond to Tenant’s requests for approval of any Alterations within a commercially reasonable period of time considering the particular facts and circumstances.
6.2 Before making any Alterations, Tenant shall obtain submit to Landlord for Landlord’s prior approval reasonably detailed final plans and specifications prepared by a licensed architect or engineer, a copy of the construction contract, including the name of the contractor and all subcontractors proposed by Tenant to make the Alterations, and a copy of the contractor’s license. Tenant shall reimburse Landlord upon demand for any expenses incurred by Landlord in connection with any Alterations made by Tenant, including reasonable fees charged by Landlord’s contractors or consultants to review plans and specifications prepared by Tenant and to update the existing as-built plans and specifications of the Building to reflect the Alterations. In the event Landlord consents to the use by Tenant of its own architect and/or contractor for the installation of any such Alterations, prior to the commencement of such work, Tenant shall provide Landlord with evidence that Tenant’s contractor has procured workers’ compensation, liability and property damage insurance (naming Landlord as an additional insured) in a form and in an amount approved by Landlord, and evidence that Tenant’s architect and/or contractor has procured the necessary permits, approvals, certificates required by any and all municipal authorities approvals from the appropriate governmental authorities. Landlord’s approval pursuant to this Section 6.2 shall not be unreasonably withheld or other agencies having jurisdiction of delayed.
6.3 Tenant shall keep the Premises and the Property free and clear of all liens arising out of any work or Alterations performed, materials furnished or obligations incurred by Tenant. If any such lien attaches to the Premises or the Property, and upon receiving sameTenant does not cause such lien to be released by payment, bonding or otherwise within ten (10) days after the attachment of such lien, Landlord shall have the right, but not the obligation, to cause such lien to be released, and any sums expended by Landlord in connection with such lien shall be payable by Tenant shall deliver duplicate or certified copies to on demand, with interest thereon from the date of expenditure by Landlord of each and every oneat the Interest Rate (as defined in Section 16.2 - Interest). Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as give Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty at least ten (3010) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written days’ notice prior to the Termination Date commencement of such relinquishment any Alterations and shall cooperate with Landlord in posting and maintaining notices of ownership, nonresponsibility in which event, they shall become Tenant’s and must be removed upon connection therewith.
6.4 Subject to the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender provisions of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseSection 5 -
Appears in 1 contract
Alterations. Absent Tenant will not make or permit alterations, improvements or additions in or to the Premises (collectively "Alterations") without Landlord’s 's prior, written consent, which shall not be unreasonably withheld, delayed or conditioned. Notwithstanding the foregoing, Tenant may shall be allowed to make no alterations Alterations to the OfficePremises with estimated costs not to exceed $25,000 without such consent, provided only that such Alterations do not effect the exterior or structural portions of the Premises, do not adversely effect the building systems and are made in compliance with all Laws. Additionally, Landlord hereby consents to construction of the Tenant Improvements, subject to the provisions of Exhibit C. Tenant's request for any required consent shall be in writing, accompanied by proposed plans and specifications. With respect to any proposed Alterations with a estimated cost in excess of the Security Deposit then held by Landlord’s written consent, TenantLandlord may require Tenant to provide Landlord, at Tenant’s sole 's cost and expense, may make alterationsa payment and performance bond, installations and improvements (the “Alterations”) in an amount equal to the Office provided they are non- structural estimated cost of such Alterations in nature, which do not effect the Services, utilities or other operations or services excess of the Premises Security Deposit then held by Landlord, to insure Landlord against any liability for any mechanic's and which are done by contractors materialmen's liens and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction to insure completion of the Premises and the work. Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to will be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing performed at Tenant’s sole 's cost and expense. Any installation and all plans must be submitted to Landlord for approval, and building permits must be obtained prior to commencement of materialsany construction remodeling. All alterations, fixtures additions and the like improvements constructed by Tenant shall become remain the property of Tenant during the Lease Term and may be further altered or removed during the term of this Lease, subject to the provisions herein with respect to Alterations. Subject to Paragraph 23, at the expiration or sooner termination of the Lease Term, all alterations, additions, or improvements shall be surrendered to Landlord upon such installation as a part of the realty and shall remain in then become Landlord's property. Tenant will promptly notify Landlord of the Office upon ▇▇▇▇▇▇’s surrender of samevalue thereof for insurance and tax purposes. HoweverNotwithstanding the foregoing, Landlord may relinquish such right of ownership Tenant shall be entitled to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownershipremove, in which eventaddition to its furniture, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture equipment and equipment which can be easily movedother personal property, the following items: operating room lighting, laboratory benches and casework. Upon Should Tenant make any Alterations in violation of such approval or the Termination Date and surrender requirements of possession of the Office, Tenant shall remove all personal property and installations to which this ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished ▇ ▇▇.▇, ▇▇▇▇▇▇▇▇ may, at any time during the Term, either remove any part or all of the same on Tenant's behalf and at Tenant's expense, or require that Tenant do so. Tenant shall give Landlord written notice not less than ten (10) days prior to the commencement of any work in the Premises by or on behalf of Tenant, and Landlord shall have the right to post notices of non- responsibility in or on the Premises or the Building as provided by law. All Alterations, repairs and replacements by Tenant shall be made, constructed and installed in accordance with all applicable laws, rules and ordinances (and Tenant shall immediately restore perform all work necessary to comply fully with all laws, ordinances and repair regulations necessitated by the Office Alterations, whether structural or non-structural, within or without the Premises) and the requirements of any insurance carrier, and shall be of a quality and class at least equal to the original work, performed in a good and workmanlike manner using grades of materials of a quality that condition existing is not less than that currently installed within the Premises. Tenant shall ensure that all work is performed in a manner that does not obstruct access to or through the Building or its common areas and that does not interfere either with other tenants' use of their premises or with any other work being undertaken in the Building. Before construction begins, Tenant shall deliver to Landlord reasonable evidence that damage to, or destruction of, the Alterations during construction will be covered either by the policies that Tenant is required to carry under Paragraph 14 or by a policy of builder's insurance in an amount reasonably acceptable to Landlord. If Landlord requires Tenant to provide builder's "all-risk" insurance for the proposed Alterations, Tenant shall provide to Landlord a copy of the policy, any endorsements, and an original certificate of insurance that complies with Paragraph 14. Tenant shall cause each contractor and subcontractor to maintain all workers' compensation insurance required by law and liability insurance (including property damage) in amounts reasonably required by Landlord. Tenant shall provide evidence of insurance to Landlord before construction begins Tenant will provide Landlord the opportunity to monitor all work. Tenant shall provide Landlord with permit drawings, job cards, as built sepia drawings (but only for work with a cost in excess of $25,000) and temporary certificates of occupancy for all Alterations promptly upon their completion. Should Tenant make any Alterations without Landlord's prior written approval as required herein, or in violation of such approval or the requirements of this ▇▇▇▇▇▇▇▇▇ ▇▇.▇, ▇▇▇▇▇▇▇▇ may, at any time during the Term, either remove any part or all of the same on Tenant's behalf and at Tenant's expense, or require that Tenant do so. If during the Commencement Date. Any and term of this Lease, any Alteration, whether structural or otherwise to all property or any portion of the Premises or Building is required by Law (including, but not limited to, alterations required by the Americans with Disabilities Act of 1990 or any amendments thereto or any regulations prorogated thereunder (collectively the "ADA") solely because of (i) Tenant's unique use or occupancy of the Premises or change of use or occupancy of the Premises, (ii) Tenant's application for any permit or governmental approval, (iii) Tenant's construction or installation of any leasehold improvements, trade fixtures or Alterations, (iv) any violation by Tenant of any Law (including any requirement of the ADA), (v) any special use of the Premises or any part thereof by Tenant or any subtenant or assignee of Tenant remaining (including, but not limited to any use for a facility which constitutes, or if open to the public would generally constitute a "place of public accommodation" under the ADA requirements), or (vi) any special needs of the employees of Tenant or any assignee or subtenant of Tenant, then Tenant shall promptly make the same at its sole cost and expense. Within ten (10) days after receipt, Tenant shall notify Landlord in writing and provide Landlord with copies of (i) any notices alleging any violation of any Law relating to the Office after Premises or Tenant's occupancy or use of the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property Premises, including any notices alleging violation of the Project or may remove such abandoned property at Tenant’s expensethe ADA to any portion of the Project or the Premises; (ii) any claims made or threatened in writing regarding non-compliance with the ADA or any Law relating to the Project or the Premises; or (iii) any governmental or regulatory actions or investigations instituted or threatened regarding non-compliance with the ADA or any Law relating to any portion of the Project or the Premises.
Appears in 1 contract
Sources: Lease (Intuitive Surgical Inc)
Alterations. Absent Tenant shall make no alterations, additions or improvements to the Premises without the prior written consent of Landlord’s written , which consent shall not be unreasonably withheld. Landlord may impose, as a condition to its consent, Tenant may make no alterations a requirement that all work be covered by a lien and completion bond satisfactory to Landlord and requirements as to the Office. With Landlord’s written consentmanner, Tenanttime, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services contractor form performance of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instancework. Before making Alterations, Tenant shall obtain all permitsrequired permits for the work and shall perform the work in compliance with all applicable laws, approvalsregulations and 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 satisfactory to Landlord. Unless Landlord otherwise agrees in writing, certificates required by any and all municipal authorities alterations, additions or other agencies having jurisdiction of improvements affixed to the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, excluding moveable trade fixtures and the like furniture) shall become the property of Landlord upon such installation and shall remain in be surrendered with the Office upon ▇▇▇▇▇▇’s surrender Premises at the end of samethe Term, except that Landlord may, by notice to Tenant given at the time of Landlord's consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant's request and to repair any damage to the Premises arising from that removal. However, Landlord may relinquish such right require Tenant to remove an improvement provided as part of ownership the initial build-out pursuant to Exhibit X, if any, if and only if the installations by giving improvement is a non-building standard item and Tenant thirty (30) days written notice is notified of the requirement prior to the Termination Date of such relinquishment of ownershipbuild- out. Except as otherwise provided in this Lease or in any Exhibit to this Lease, in which eventshould Landlord make any alteration or improvement to the Premises for Tenant, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by entitled to prompt reimbursement from Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensefor all Costs incurred. 26
Appears in 1 contract
Alterations. Absent Landlord’s written consent, Tenant may make no Any alterations or additions (“Work”) made to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of the Leased Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation Landlord, at the termination of this Lease, and Tenant shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such have no right of ownership reimbursement therefore. Prior to any such alterations or additions (“Work”) to the installations Leased Premises by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall 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 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 all any personal property (movables) belonging to Tenant and installations any movables not deemed component parts pursuant to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Louisiana Civil Code art. 466. Tenant shall immediately restore 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 repair the Office to that condition existing on the Commencement Date. Any tear and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensedamage from casualty.
Appears in 1 contract
Sources: Lease Agreement
Alterations. Absent Tenant shall make no alterations, additions or improvements 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, 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. Landlord may require that Tenant enter into an agreement with Landlord for the work to be performed by Landlord’s written consentcontractor, in which event Tenant may make no alterations shall pay to Landlord, in advance as Additional Rent, the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (of construction as estimated by Landlord with a final reconciliation payment to be made by the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services appropriate party upon completion of the Premises and which are done by contractors and sub-contractors work. Should Landlord authorize Tenant to perform the work with a contractor approved by Landlord in every instance. Before making AlterationsLandlord, Tenant shall obtain all permitsrequired permits for the work and shall perform the work in compliance with all applicable laws, approvalsregulations and ordinances. In any event, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant Landlord shall deliver duplicate or certified copies be entitled to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond supervision fee in the amount stated in of the mechaniclesser of Landlord’s lien within thirty actual costs incurred for supervision and five percent (305%) days of said filing at Tenant’s sole the total cost and expenseof the work. Under no circumstances shall Tenant make any improvement, which incorporates asbestos-containing construction materials into the Premises. Any installation of materialsrequest for Landlord’s consent shall be made in writing and shall contain architectural plans describing the work in detail reasonably satisfactory to Landlord. Unless Landlord otherwise agrees in writing, all alterations, additions or improvements affixed to the Premises (including any office partitions or telephone systems paid for from the Tenant Improvement Allowance but excluding moveable trade fixtures and the like furniture) shall become the property of Landlord upon such installation and shall be surrendered with the Premises and shall remain permanently affixed to the Building at the end of the Lease Term, except that Landlord may, by notice to Tenant given at the time of Landlord’s consent to the alteration or improvement, require Tenant to remove by the Expiration Date or sooner termination date of this Lease all or any alterations, decorations, fixtures, additions, improvements and the like installed either by Tenant or by Landlord at Tenant’s request, and to repair any damage to the Premises arising from that removal. Except as provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Office upon ▇▇▇▇▇▇’s surrender of same. HoweverPremises for Tenant, Landlord may relinquish such right of ownership shall be entitled to the installations by giving reimbursement from Tenant for all costs incurred. Within thirty (30) days written notice prior to the Termination Date after completion of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon alterations requiring the Termination Date. Nothing herein is meant submission of plans to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Officeas set forth herein, Tenant shall remove all personal property furnish to Landlord a complete set of “as-built” plans and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensespecifications.
Appears in 1 contract
Alterations. Absent Landlord’s written consent, Tenant (a) Alterations may make no alterations not be made to the Office. With Landlord’s Leased Premises without the prior written consentconsent of Lessor and any alterations of the Leased Premises excepting movable furniture, Tenantequipment and trade fixtures shall, at Tenant’s sole cost Lessor's option, become part of the realty and expensebelong to Lessor. This provision, may among other things, applies to all draperies, special wall coverings or floor coverings as well as additional electrical fixtures or circuits.
(b) Should Lessee desire to alter the Leased Premises and Lessor approves and consents in writing to such alterations Lessee shall permit Lessor to make said alterations, installations if Lessor agrees to make said alterations, and improvements amortize the total cost of same as additional rental for the balance of the Lease term or any extension thereof if applicable and mutually agreeable. Should Lessor elect to not provide said alterations, Lessee shall only contract with a contractor approved by Lessor and all said alterations shall be subject to Lessor's approval and written consent relative to design, location, materials and workmanship.
(the “Alterations”c) to the Office provided they are non- structural Notwithstanding anything in natureparagraph 8(b) above, which do not effect the ServicesLessee may, utilities upon written consent of Lessor, install trade fixtures, machinery or other operations or services trade equipment in conformance with the ordinances of the Premises applicable city and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterationscounty, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord same may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Dateconditions of the Lease and if the Leased Premises are not damaged by such removal. Nothing herein is meant Lessee shall return the Leased premises on the termination of this Lease in the same condition as when rented to give Landlord Lessee, reasonable wear and tear excepted. Lessee shall keep the Leased Premises, the Building, and property in which the Leased Premises are situated free from any ownership rights liens arising out of any work performed for, materials furnished to, or obligations incurred by Lessee. All such work, provided for above, shall be done at such times and in such manner as Lessor may from time to time designate.
(d) All fixtures, improvements, alterations, and additions which may be installed by either Lessor or Lessee in or about the Leased Premises which are in any manner attached to the floors, walls or ceilings, except trade mixtures, shall belong to and be the property of Lessor and shall remain on the Leased Premises during the term of this lease and at the expiration or termination hereof, except for such property, if any, which the Lessor may designate that Lessee either shall or may remove, by notice in writing to Lessee prior to such expiration or termination. To avoid confusion as to trade versus permanent fixtures Lessee may request Lessor to identify the status of any fixtures prior to installation. Lessee agrees to repair all damage to the Leased Premises caused by any such removal (including removal of trade fixtures) and to Tenant’s trade fixtures, office furniture and equipment restore the Leased Premises to the condition in which can be easily moved. Upon they were prior to the Termination Date and surrender removal of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Datesaid articles. Any and all such property of Tenant remaining so designated by Lessor to be removed, which shall be left in or upon the Office after the Termination Date Leased Premises, shall be deemed to have been abandoned by Tenant Lessee and Landlord may either retain such abandoned property be retained or may remove such abandoned property at Tenant’s expensedisposed of by Lessor, as Lessor shall desire.
Appears in 1 contract
Alterations. Absent 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 written consent), Tenant may shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and additions, decorations or improvements (the collectively referred to as “Alterations”) to the Office provided they are non- structural in naturePremises without the prior written consent of Landlord. Landlord may impose, which do not effect the Servicesas a condition to its consent, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instanceany reasonable requirements. Before making Alterations, Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and permits for the Alterations and upon receiving sameshall perform the work in compliance with all applicable laws, Tenant regulations and ordinances with contractors reasonably acceptable to Landlord. Except for cosmetic Alterations not requiring a permit, Landlord shall deliver duplicate or certified copies be entitled to Landlord a supervision fee in the amount of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence 5% of such insurance to Landlord prior to Tenant’s commencing the cost of the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed Landlord may elect to have been done or materials supplied for Tenant or cause its architect to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon review ▇▇▇▇▇▇’s surrender architectural plans, and the reasonable cost of same. However, Landlord may relinquish such right of ownership to the installations that review shall be reimbursed by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇. Should the Alterations proposed by ▇▇▇▇▇▇ 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 ownership interest has been relinquished 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 Tenant furniture, shall immediately restore and repair become the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date Landlord and shall be deemed abandoned surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time 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 any Tenant Improvements constructed pursuant to the Work Letter) installed either by Tenant and or by Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenserequest (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
Alterations. Absent Landlord’s written consentLessor agrees that Lessee may at its own expense, Tenant may from time to time during the term hereof, make no such interior alterations and changes in and to the Office. With Landlord’s written consentLeased Premises, Tenantas it finds necessary or convenient for its purposes, at Tenant’s sole cost and expense, may make provided that such interior alterations, installations additions or changes shall not materially and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services adversely affect any of the Buildings; provided, however, that Lessee shall not make any structural changes or alterations, including the removal of any bearing or non-bearing walls without the prior written consent of Lessor. Such consent may be conditioned on a requirement that the Leased Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction be restored at the end of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every onelease term. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount If not so stated in the mechanic’s lien within thirty (30) days of said filing consent, any structural alterations, additions and changes shall, at Tenant’s sole cost and expense. Any installation of materialsLessor's option, fixtures either be removed and the like shall become Leased Premises restored at the property Lessee's expense, or remain on the Leased Premises at the end of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender term of same. Howeverthis Lease, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownershipor any renewal term hereof, in which eventevent such alterations, they additions and changes shall be considered as improvements to and become Tenant’s a part of the real estate of Lessor. Lessee agrees that any interior alterations, additions and must changes aforesaid made by it will be removed erected or made in a first class, good and workmanlike manner and all shall be subject to the terms and conditions of this Lease. Lessee may not expand the Leased Premises without the prior written consent of Lessor. It is understood and agreed, however, that all trade equipment, machinery and fixtures of every kind and description placed in and upon the Termination Date. Nothing herein is meant Leased Premises by Lessee during the term of this Lease shall be and remain personal property belonging to give Landlord any ownership rights in and to Tenant’s trade fixturesLessee, office furniture and equipment which can be easily moved. Upon and, at the Termination Date and surrender of possession expiration of the Officeterm of this Lease, Tenant or any renewal hereof, Lessee shall have the right, and at Lessor's option, shall have the obligation, to remove all such personal property from the Leased Premises, restoring and installations repairing at its expense any damage to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on Leased Premises directly caused by the Commencement Date. Any and all property removal of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseitems of personal property.
Appears in 1 contract
Sources: Lease Agreement (Amazon Com Inc)
Alterations. Absent Landlord’s written consent, Tenant may shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements additions, decorations, or improvements, except as set forth in Exhibit X, (the collectively referred to as “Alterations”) to the Office provided they are non- structural in naturePremises without the prior written consent of Landlord, which do such consent not effect the Servicesto be unreasonably withheld or delayed. Landlord may impose, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by as a condition to its consent, any requirements that Landlord in every instanceits discretion may deem reasonable. Before making Alterations, Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and permits for the Alterations and upon receiving sameshall perform the work in compliance with all applicable laws, Tenant regulations and ordinances with contractors reasonably acceptable to Landlord. Except for cosmetic alterations not requiring a permit, Landlord shall deliver duplicate or certified copies be entitled to Landlord a supervision fee in the amount of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence 5% of such insurance to Landlord prior to Tenant’s commencing 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 a mechanic’s lien be filed against the Office and/or Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, for work done or claimed to have been done or materials supplied for then Tenant or 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 OfficePremises, including without limitation all Tenant shall pay or cause Improvements constructed pursuant to be paid or file a bond the Work Letter (except as otherwise provided in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materialsWork Letter), but excluding moveable trade fixtures and the like furniture, shall become the property of Landlord upon such installation and shall remain in be surrendered with the Office upon ▇▇▇▇▇▇’s surrender Premises at the end of same. Howeverthe Term, except that Landlord may relinquish such right of ownership may, by notice to the installations by giving Tenant thirty (30) given at least 30 days written notice prior to the Termination Date Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of such relinquishment of ownershipthis Lease, in which event, they shall become all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s and must be removed upon request (collectively, the Termination Date“Required Removables”). Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender In connection with its removal of possession of the OfficeRequired Removables, Tenant shall remove all personal property repair any damage to the Premises arising from that removal and installations shall restore the affected area to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished its pre-existing condition, reasonable wear and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensetear excepted.
Appears in 1 contract
Alterations. Absent Landlord’s written consentTenant shall not make or suffer to be made any alterations, Tenant may make no alterations additions or improvements to the Office. With Landlord’s written consentPremises (collectively, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to without the Office provided they are non- structural in natureprior written consent of Landlord, which do consent shall not effect unreasonably be withheld. Landlord may condition its consent upon provision of adequate security such as a payment bond, in amount and form reasonably satisfactory to Landlord, covering the Serviceswork to be done by Tenant’s contractor. In addition, utilities or other operations or services Landlord may require Tenant to restore the Premises to its prior condition upon expiration of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instanceLease Term. Before making Except as expressly otherwise provided, any Alterations, Tenant except movable furniture and trade fixtures, shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction upon installation become a part of the Premises realty and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies belong to Landlord of each and every oneLandlord. Tenant shall carry not install any antenna, satellite dish or other fixture or equipment on the roof or in the Common Area. All Alterations shall be made by an Arizona licensed contractor reasonably acceptable to Landlord. Under no circumstances shall Tenant commence any work until Landlord has been provided with certificates evidencing that all the contractors and cause to be carried by each contractor subcontractors performing the work have in full force and sub-contractor, effect adequate workmen’s compensation, general liability, personal and property damage compensation insurance, public liability and builder’s risk insurance in such amounts as Landlord requires, naming Landlord as insured and on terms reasonably satisfactory to Landlord. Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanicnot permit any mechanics’ or materialmen’s lien be filed to stand against the Office and/or Premises, Premises for work done or claimed to have been done any labor or materials supplied for Tenant or provided to the Office, Premises by any contractor or other person hired or retained by Tenant. Tenant shall pay or cause any such lien to be paid discharged (by bonding or file a bond in the amount stated in the mechanic’s lien otherwise) within thirty ten (3010) days of said filing at Tenant’s sole cost after demand by Landlord, and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon if it is not discharged within such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. Howeverperiod, Landlord may relinquish such right of ownership to pay or otherwise discharge the installations by giving lien and immediately recover all amounts so expended from Tenant thirty (30) days written notice prior to as additional rent, with interest thereon at the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination DateDefault Rate. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining The obligations set forth in the Office after immediately preceding sentence shall survive the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property expiration or may remove such abandoned property at Tenant’s expensetermination of this Lease.
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Alterations. Absent Landlord’s written consent, A. Tenant may shall not make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make any alterations, improvements or installations and improvements (the collectively, “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the OfficePremises without Landlord’s prior written consent. All alterations and improvements shall be subject to the terms and conditions of the Prime Lease, Tenant and in those instances where applicable, shall pay or cause be subject to be paid or file a bond the Prime Landlord’s approval as provided in the amount stated in Prime Lease. Any Alterations consented to by Landlord shall be performed at the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expenseexpense of Tenant, subject to Landlord’s obligation to pay to Tenant the Improvement Allowance described below. Any installation of materialssuch Alterations may be installed by contractors reasonably approved in advance by Landlord, fixtures and the like but shall become the property of Landlord upon (subject to the terms of the Prime Lease and the remainder of this Sublease). Landlord may condition its approval to any Alterations on the removal of the same (other than with respect to Alterations made by Tenant before the Commencement Date to the extent such Alterations are approved by Landlord and Prime Landlord and Prime Landlord agrees in writing that it will not require such Alterations to be removed), and restoration before the Expiration Date of any damage caused by the installation and shall remain in removal of Alterations. In the Office upon ▇▇▇▇▇▇’s surrender of same. However, event Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and does not specify that any approved Alterations must be removed at the end of the Term at the time of its consent, Tenant will be permitted to leave such Alterations in the Premises upon the Termination Date. Nothing termination or earlier expiration of this Sublease.
B. Notwithstanding anything herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Officecontrary, Tenant shall be solely responsible for the timely preparation and submission to Landlord and Prime Landlord of final plans, specifications, construction drawings, and such other documents relating thereto as may be required by the Prime Lease in connection with any Tenant proposed Alterations. Landlord shall respond to any submittal of plans, specifications, drawings and related documents within five (5) business days, and in order to facilitate a timely processing of plans, specifications, drawings and related documents, Tenant may submit to Prime Landlord copies of any submittals at the same time as Tenant submits them to Landlord. Landlord acknowledges that Tenant desires to alter the Premises by adding the following: a built-in reception desk, 24/7 air conditioning for a server room, HVAC and electrical improvements, double door glass entry and side lights for the conference room, new carpet, new paint (including up to three accent colors), AV electrical for flat screen and conference room floor core. Tenant (with assistance from Landlord as necessary) shall seek Prime Landlord’s approval of the space plan attached hereto as Exhibit F in advance of Sublease execution, and Prime Landlord shall not require Tenant to remove the foregoing described initial improvements. Such plans, specifications, drawings and related documents shall be subject to (i) the reasonable approval of Landlord pursuant to this Sublease (provided that Landlord hereby approves the plans attached hereto as Exhibit F) and (ii) the approval of Prime Landlord pursuant to the terms of the Prime Lease. Tenant shall design and construct such Alterations in accordance with the terms and conditions of the Prime Lease. Tenant shall comply with and observe the provisions of the Prime Lease (including obtaining the approval of the Prime Landlord as required therein). Tenant shall pay for the construction and installation of such Alterations (subject to Landlord’s obligation to pay to Tenant the Improvement Allowance) and all personal property fees payable to Prime Landlord under the Prime Lease in connection with such improvements. Notwithstanding the foregoing, Landlord will perform the following work, at its sole cost and installations expense and not as a charge against the Improvement Allowance (as defined below), as more particularly outlined on Exhibit G attached hereto (which work has been approved by Prime Landlord): (i) install a common corridor on the floor, including all demising walls for such corridor, (ii) install a double door entry to which the Premises, and (iii) install a demising wall on the south side of the floor, separating the Premises from the Landlord’s retained premises. In addition, Landlord will reimburse Tenant (in addition to the Improvement Allowance) for the cost of installation of a demising wall on the north side of the floor, as depicted on Exhibit G within 30 days after Tenant submits an invoice from its contractor showing the cost of such demising wall.
C. Landlord shall provide to Tenant an improvement allowance in the sum of $18.00 per rentable square foot of the Premises (i.e., the sum of $196,344) to be used by Tenant to pay for the cost of improvements to the Premises (the “Improvement Allowance”) in conformance with an improvement plan prepared by an interior space planner approved by Landlord. Tenant agrees to hire ▇▇▇▇▇▇▇▇ ▇▇▇▇ & Associates for the space planning project. Subject to Prime Landlord’s ownership interest has been relinquished and Landlord’s approval of each contractor, Tenant shall have the right (i) to bid competitively the tenant improvement work among Backs Construction and other contractors approved by Prime Landlord and Landlord, and (ii) to select the general contractor and supervise the construction. Landlord shall not charge any supervisory fee or project management fee relating to the tenant improvement work. Landlord will disburse the improvement allowance in monthly progress payments as the work progress, subject to the following procedures: (i) a request for payment from Tenant’s contractor; (ii) contractor’s certification of the percentage of completion of the work; (iii) supporting invoices from all subcontractors, laborers, materialmen and suppliers; (iv) executed conditional mechanic’s lien releases from all of the contractors, subcontractors and materials suppliers submitting invoices to be paid and executed unconditional mechanic’s lien releases from all of the subcontractors, materialmen and materials suppliers with respect to previously invoiced work for which Landlord previously disbursed a portion of the improvement allowance and (v) a retainage of ten percent (10%), which will be disbursed by Landlord upon Substantial Completion of the improvements.
D. Tenant may use the Improvement Allowance for the cost of space planning, plans and specifications, permits, moving expenses (not to exceed $5.00 per square foot) and the tenant improvements described in Section VIII.B above. Any Improvement Allowance payable for soft costs, permits or moving costs will be paid to Tenant within ten (10) days after invoicing (which invoice will contain copies of invoices from the applicable vendor).
E. Subject to Prime Landlord’s approval, Tenant may use contractors selected by Tenant for the build out of the Premises; provided, however, Back Construction is hereby pre-approved for the build out of the Premises. Tenant shall use commercially reasonable efforts to complete the tenant improvements within 120 days after the issuance of a building permit (if required) therefor (and if no permit is required, then within 120 days after the Commencement Date), and Tenant shall immediately restore construct such tenant improvements in conformance with the final plans and repair specifications that have been approved by Prime Landlord and Landlord. Tenant shall cause the Office installation of the demising wall for the Premises to that condition existing on the Commencement Date. Any and all property of Tenant remaining be afforded priority in the Office after construction scheduling so that such demising wall is substantially completed early in the Termination Date construction process. Landlord shall not charge Tenant or its contractors for any parking, utilities or other building services during the construction or move-in period. All future Alterations shall be deemed abandoned by Tenant subject to the terms and Landlord may either retain such abandoned property or may remove such abandoned property at Tenantconditions of the Prime Lease and Prime Landlord’s expenseand Landlord’s approval.
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Sources: Sublease (Celladon Corp)
Alterations. Absent Subtenant shall accept the existing improvements to the Premises in their "as is" condition as of the date hereof and shall have no obligation to remove those existing improvements at the end of the Term. Subtenant shall make no other alterations, installation, additions or improvements (collectively, "Alterations") in or about the Premises without the prior written consent of Sublandlord and Prime Landlord in each instance as provided in the Prime Lease. So long as Prime Landlord so consents, Sublandlord will not unreasonably withhold or delay its consent. Sublandlord's consent shall be deemed given if Sublandlord does not respond to Subtenant's request for approval with 15 days of Sublandlord's receipt of the request, but such consent shall not bind Prime Landlord unless it too has consented. Any alterations consented to by Sublandlord and Prime Landlord shall be performed by Subtenant at its sole cost and expense and in compliance with all of the provisions of the Prime Lease, including the provisions requiring Prime Landlord’s 's prior written consent, Tenant may and also in compliance with other reasonable requirements of Sublandlord and Prime Landlord. In the event that Subtenant shall make no alterations any Alterations, Subtenant shall, if required by Sublandlord and Prime Landlord, restore premises to their original condition at the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services commencement of the Premises Sublease (reasonable wear and which are done by contractors tear excepted) at the expiration of this Sublease. Subtenant will only be required to restore Specialty Alterations (as defined in the Prime Lease) if Sublandlord expressly requires such restoration in writing at the time it gives its approval. Subtenant hereby indemnifies and sub-contractors approved by holds Sublandlord harmless from any liability it may incur to Prime Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the others resulting from Subtenant's Alterations. Should a mechanic’s lien be filed against Sublandlord agrees to permit the Office and/or installation of louvers in the Premises, for work done or claimed to have been done or materials supplied for Tenant or to so long as the Office, Tenant Prime Landlord shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensealso consent thereto.
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Alterations. Absent Except for cosmetic alteration projects that do not exceed $40,000.00 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 written building standard materials (which work shall require notice to Landlord but not Landlord’s consent), Tenant may shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and additions, decorations or improvements (the collectively referred to as “Alterations”) to the Office provided they are non- structural in naturePremises without the prior written consent of Landlord, which do shall not effect the Servicesbe unreasonably withheld, utilities conditioned or other operations or services of the Premises and which are done by contractors and sub-contractors approved by delayed. Landlord may impose, as a condition to its consent, any requirements that Landlord in every instanceits discretion may deem reasonable or desirable. Before making Alterations, Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and permits for the Alterations and upon receiving sameshall perform the work in compliance with all applicable laws, Tenant regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall deliver duplicate or certified copies be entitled to Landlord a supervision fee in the amount of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence 5% of such insurance to Landlord prior to Tenant’s commencing 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 a mechanic’s lien be filed against the Office and/or Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, for work done or claimed to have been done or materials supplied for then Tenant or 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 OfficePremises, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at but excluding moveable trade fixtures, furniture and Tenant’s sole cost and expense. Any installation of materialspersonal property, fixtures and the like shall become the property of Landlord upon such installation and shall remain in be surrendered with the Office upon ▇▇▇▇▇▇Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord’s surrender approval, require Tenant to remove by the Expiration Date or sooner termination date of same. Howeverthis Lease, all or any Alterations installed either by Tenant or by Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become at Tenant’s and must be removed upon request (collectively, the Termination Date“Required Removables”). Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender In connection with its removal of possession of the OfficeRequired Removables, Tenant shall remove all personal property repair any damage to the Premises arising from that removal and installations shall restore the affected area to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished its pre-existing condition, reasonable wear and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensetear excepted.
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Alterations. Absent Landlord’s written consent8.1. Tenant shall not make any alterations, Tenant may make no alterations additions, or improvements to the Office. With Demised Premises of a structural nature without the prior written consent of Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities Landlord may grant or other operations or services deny in its sole discretion. Except for improvements of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterationsa decorative nature, Tenant shall obtain all permitsnot make any nonstructural improvements without the prior written consent of Landlord which consent Landlord may grant or deny in its reasonable discretion. All alterations, approvalsadditions, certificates required by improvements and fixtures, except any trade fixtures installed in the Demised Premises at the sole expense of Tenant and all municipal authorities or other agencies having jurisdiction of which can be removed without causing material damage to the Building, shall remain upon and be surrendered with the Demised Premises and become the Alterations and upon receiving sameproperty of Landlord at the termination of this Lease (except for trade fixtures which Tenant may remove in its discretion provided Tenant restores the Demised Premises to good condition after such removal), unless Landlord requests their future removal at the time of installation in which event Tenant shall deliver duplicate or certified copies remove the same and restore the Demised Premises to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing their original condition at Tenant’s sole cost and 's expense. Any installation linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of materials, fixtures the Demised Premises is a permanent fixture and the like shall become the property of the Landlord upon without credit or compensation to Tenant.
8.2. All construction work done by Tenant within the Demised Premises shall be performed in a good and workmanlike manner, in compliance with all governmental requirements, and the requirements of any contract or deed or trust to which the Landlord may be a party and in such installation manner as to cause a minimum of interference with other construction in progress and shall remain with the transaction of business in the Office upon ▇▇▇▇▇▇’s surrender of sameBuilding. HoweverTenant agrees to indemnify Landlord and hold it harmless against any loss, Landlord may relinquish liability or damage resulting from such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownershipwork, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office shall, if requested by Landlord, furnish bond or other security satisfactory to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property against any loss, liability or may remove such abandoned property at Tenant’s expensedamage.
Appears in 1 contract
Alterations. Absent Landlord’s written consent, Tenant may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expensemay, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which without ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished 's prior consent, but with prior written notice to Landlord, install alterations, additions, or improvements to the interior of the Premises costing $10,000 or less in any calendar year; so long as the alterations, additions, or improvements (i) are nonstructural, (ii) do not affect Building systems, and (iii) are not visible from the exterior of the Premises ("Permitted Alterations"). Tenant shall immediately not make any alterations to 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 and repair the Office Premises to that the condition existing on as of the Commencement Date. Any Landlord may make such election at any time, except that at the time of requesting ▇▇▇▇▇▇▇▇'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 all property upon such request Landlord agrees to indicate at the time of granting consent (if the same is granted) as to whether Tenant remaining 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 Office 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 Termination Date patching and spackling walls, shall be deemed abandoned 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, ▇▇▇▇▇▇'s contractor(s) shall provide Landlord with proof of commercial general liability insurance satisfactory to Landlord in its discretion, and Landlord may either retain require that Landlord and its property manager be named as additional insureds and be beneficiaries of a waiver of subrogation with respect to such abandoned property or 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 remove such abandoned property at result from construction by Tenant’s expense. Tenant shall not use any portion of the common areas in connection with an alteration without the prior written consent of Landlord.
Appears in 1 contract
Alterations. Absent Landlord’s written consentExcept as set forth in Section 27 of this Lease, Tenant may shall not make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make any alterations, installations and additions or improvements (the “collectively, along with Tenant's Initial Alteration, "Alterations”") to the Office provided they are non- structural in naturePremises without Landlord's prior written consent (Tenant's Initial Alteration specifically being subject to Landlord's consent), which do not effect except that no consent shall be required for one or more minor (that is, costing less than $10,000 US) modifications to the Services, utilities or other operations or services interior of the Premises Building, provided any such modification is non-structural and does not affect the Building's mechanical or electrical systems or services. Landlord agrees not to unreasonably condition, delay or withhold its consent to any Alterations for which its consent is required and which are done by contractors nonstructural and sub-contractors do not affect the Building's mechanical or electrical systems or services and which, in Landlord's reasonable judgment, do not materially reduce the value or utility of the Building. Tenant shall provide to Landlord for its reasonable approval plans and specifications with respect to any Alteration (including, without limitation, engineering and mechanical plans and specifications) as well as any modifications to any such plans and specifications that have been previously approved by Landlord. All Alterations performed by Tenant at the Premises (whether or not subject to Landlord's consent) shall be performed at Tenant's expense (except as contemplated in SECTION 5(B) above) in a good and workmanlike manner and of a quality and standard equivalent to the standards for construction set by Landlord, from time to time, for the Building and by a contractor or contractors (including major subcontractors) licensed by applicable authorities and reasonably approved by Landlord, and such Alterations shall be performed in accordance with such approved plans and specifications and Laws. Tenant shall give Landlord fifteen (15) days prior notice before commencing any Alterations which require Landlord's consent. Tenant shall be responsible for any alterations, additions or improvements required by Laws to be made by Landlord to or in every instancethe Building as a result of Tenant's proposed Alterations. Before making Upon the Expiration Date or sooner termination of the Term, any Alterations, except movable furniture and trade fixtures (including, without limitation, Telecommunications Equipment (as hereinafter defined), telephone switching hardware, computer equipment and air compressors), shall become Landlord's property and shall be surrendered with the Premises, unless, prior to the installation thereof, Landlord directs Tenant to remove such Alterations, whereupon Tenant shall remove same at its expense and restore the Premises to the condition existing prior to such Alterations, normal wear and tear excepted. Notwithstanding the foregoing, in the event Tenant desires to remove any Alteration which is not furniture or trade fixtures or any of the other items set forth above, Tenant shall obtain all permitsso provide in its request to Landlord to perform such Alteration (or, approvals, certificates if consent is not required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving samewith respect to such Alteration, Tenant shall deliver duplicate separately so notify Landlord) and upon approval by Landlord, or certified copies notice to Landlord Landlord, as the case may be, such Alterations shall remain Tenant's property upon the expiration or earlier termination of each and every onethis Lease. Tenant shall carry keep the Premises free from claims arising out of any work performed on Tenant's behalf (other than work performed by Landlord or its agents) and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as shall not affect any interest of Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensePremises.
Appears in 1 contract
Alterations. Absent Except for alteration projects costing less than $25,000.00 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 or improvements 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 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, Tenant any requirements that Landlord in its reasonable discretion may make no alterations 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 Officemanner, time, and contractor for performance of the work. With Without limiting the generality of the foregoing, Tenant shall use Landlord’s written consent, Tenant, at Tenant’s sole cost designated mechanical and expense, may make alterations, installations and improvements (electrical contractors for all work affecting the “Alterations”) to mechanical or electrical systems of the Office provided they are non- structural in nature, which do not effect the Services, utilities Building. Should Tenant perform any work that would necessitate any ancillary Building modification or other operations or services of expenditure by Landlord, then Tenant shall promptly fund the Premises and which are done by contractors and sub-contractors approved by Landlord in every instancecost thereof to Landlord. Before making Alterations, Tenant shall obtain all permitsrequired permits for the work and shall perform the work in compliance with all applicable laws, approvalsregulations and ordinances, certificates required by any and all municipal authorities or other agencies having jurisdiction Landlord shall be entitled to a supervision fee in the amount of three percent (3%) of the Premises cost of the work, which fee shall not be imposed if the nature and scope of the Alterations Tenant work is exclusively cosmetic (i.e. carpet and upon receiving samepaint) in nature and not part of a larger Tenant improvement project, in which case the fee shall be applied. Under no circumstances shall Tenant shall deliver duplicate or certified copies to Landlord of each and every onemake any improvement which incorporates asbestos-containing construction materials into the Premises. Tenant shall carry use commercially reasonable efforts not to 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 be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to review Tenant’s commencing architectural plans, and the Alterationsreasonable cost of that review shall be reimbursed by Tenant. Should a mechanic’s lien be filed against the Office and/or work proposed by Tenant modify the internal configuration of the Premises, for work done 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, additions or claimed to have been done or materials supplied for Tenant or improvements affixed to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty Premises (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, excluding moveable trade fixtures and the like furniture) shall become the property of Landlord upon such installation and shall remain be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord’s consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, such alteration or improvement installed either by Tenant or by Landlord at Tenant’s request. Tenant shall repair any damage to the Premises arising from that removal and restore the affected area to its pre- existing condition, reasonable wear and tear excepted. Tenant shall not be required to remove any improvements existing in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession Premises as of the Officedate of this Lease or any of the paint or carpet improvements made as part of the improvements described in Exhibit X of this Lease; provided, however, Tenant shall be obligated to remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining supplemental HVAC unit in the Office after Premises. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Termination Date Premises at the request of Tenant, Landlord shall be deemed abandoned by entitled to prompt payment from Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenantof the reasonable cost thereof, inclusive of the standard coordination fee of Landlord’s expensemanagement agent (but exclusive of any fees in any way pertaining to the management of any contractor affiliated with Landlord).
Appears in 1 contract
Alterations. Absent (a) Tenant shall not make or allow to be made any alterations, additions, or improvements in or to the Premises (collectively, “Alterations”) without first obtaining Landlord’s written consent, which consent shall be granted or denied in Landlord’s sole discretion.
(b) Tenant may make agrees that all such work shall be done at Tenant’s sole cost and expense and in a good and workmanlike manner, that the structural integrity of the Building shall not be impaired, and that no alterations liens shall attach to all or any part of the Premises, the Building, or the Property by reason thereof. Tenant shall obtain, at its sole expense, all permits required for such work.
(c) Unless otherwise elected by Landlord as hereinafter provided, all Alterations made by Tenant shall become the property of Landlord and shall be surrendered to Landlord on or before the Lease Expiration Date except as otherwise set forth in this Lease. Notwithstanding the foregoing, movable equipment, trade fixtures, personal property, furniture, or any other items that can be removed without material harm to the Office. With LandlordPremises will remain Tenant’s written consentproperty (collectively, “Tenant Owned Property”) and shall not become the property of Landlord but shall be removed by Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (not later than the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every oneLease Expiration Date. Tenant shall carry repair at its sole cost and cause expense all damage caused to be carried the Premises or the Building by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as the removal of any Alterations that Tenant is required to remove or Tenant Owned Property. Landlord requires, naming Landlord as insured may remove any Tenant Owned Property or Alterations that Tenant is required but fails to remove at the Lease Expiration Date and Tenant shall deliver evidence of such insurance pay to Landlord prior to the reasonable cost of removal. Tenant’s commencing obligations under this Section 8 shall survive the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done expiration or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days earlier termination of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensethis Lease.
Appears in 1 contract
Sources: Lease Agreement (Greenland Technologies Holding Corp.)
Alterations. Absent Landlord’s written consent, Tenant may shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and additions, decorations, or improvements (the collectively referred to as “Alterations”) to the Office provided they are non- structural in nature, which Premises without the prior written consent of Landlord. Landlord’s consent shall not be unreasonably withheld as long as the proposed Alterations do not effect affect the Servicesstructural, utilities 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, including but not limited to a requirement that all work in excess of $200,000.00 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 contractors 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 operations or services of expenditure by Landlord, then Tenant shall promptly fund the Premises and which are done by contractors and sub-contractors approved by Landlord in every instancecost thereof to Landlord. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and permits for the Alterations and upon receiving sameshall 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. In no event shall Tenant prosecute any work that results in picketing or labor demonstrations in or about the Building or Project. Any request for Landlord’s consent shall deliver duplicate or certified copies 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 each that review shall be reimbursed by Tenant. Should the Alterations proposed by Tenant and every oneconsented 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. Tenant Alterations shall carry be constructed in a good and cause to be carried workmanlike manner using materials of a quality reasonably approved by each contractor and sub-contractorLandlord, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance ensure that no Alteration impairs any Building system or Landlord’s ability to perform its obligations hereunder. Unless Landlord prior otherwise agrees in writing, all Alterations affixed 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 including without limitation all Tenant or Improvements constructed pursuant to the Office, Tenant shall pay or cause to be paid or file a bond Work Letter (except as otherwise provided in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materialsWork Letter), but excluding moveable trade fixtures and the like furniture, shall become the property of Landlord upon such installation and shall remain in be surrendered with the Office upon ▇▇▇▇▇▇’s surrender Premises at the end of same. Howeverthe Term, except that Landlord may relinquish such right may, by notice to Tenant given at the time of ownership its consent thereto, and for all Alterations not consented to the installations by giving Tenant thirty (30) Landlord by notice given at least 30 days written notice prior to the Termination Date Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of such relinquishment of ownershipthis Lease, in which event, they shall become all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s and must be removed upon request (collectively, the Termination Date. Nothing herein is meant to give Landlord any ownership rights in “Required Removables”), and to Tenant’s trade fixtures, office furniture and equipment which can be easily movedreplace any non-Standard Improvements with the applicable Standard Improvements. Upon the Termination Date and surrender In connection with its removal of possession of the OfficeRequired Removables, Tenant shall remove all personal property repair any damage to the Premises arising from that removal and installations shall restore the affected area to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished its pre-existing condition, reasonable wear and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensetear excepted.
Appears in 1 contract
Sources: Lease (Meade Instruments Corp)
Alterations. Absent Landlord’s written consent, Tenant may shall not make no any alterations to the Office. With Premises or the Property without Landlord’s 's prior written consent. 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, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) whether or not subject to the Office provided they are non- structural approval of Landlord, shall be performed by Tenant and its contractors in nature, which do not effect the Services, utilities or other operations or services of a first class workmanlike manner and permits and inspections shall be obtained from all required governmental entities. Any alterations made shall remain on and be surrendered with the Premises and which are done by contractors and sub-contractors approved by upon expiration or termination of this Lease, except that Landlord in every instance. Before making Alterationsmay, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant before or thirty (30) days written notice prior after expiration of the Term, elect to require Tenant to remove some or all of the alterations which Tenant may have made to the Termination Date of such relinquishment of ownership, Premises except for the Approved Work as set forth in which event, they shall become Tenant’s and must be removed upon the Termination Date(P)29.b. Nothing herein is meant to give hereof. If Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Officeso elects, Tenant shall remove all personal property and installations at its own cost restore the Premises to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and the condition designated by Landlord in its election, before the last day of the Term or within thirty (30) days after notice of its election is given, whichever is later. Should Landlord consent in writing to Tenant's alteration of the Premises, Tenant shall immediately restore contract with a contractor approved by Landlord for the construction of such alterations, shall secure all appropriate governmental approvals and repair 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 Office to that condition existing on the Commencement Date. Any Premises free and clear of all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned mechanics' liens which may result from construction by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expense.
Appears in 1 contract
Alterations. Absent Tenant shall not make or permit any Alterations in, on or about the Premises, except for nonstructural Alterations not exceeding Five Thousand Dollars ($5,000.00) in cost per calendar year, without the prior written consent of Landlord’s written , 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 may make no alterations shall provide Landlord copies of all plans and specifications therefor prior to the Officeconstruction thereof. With Notwithstanding the foregoing Tenant shall not, without the prior written consent of Landlord’s written consent, Tenantmake 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 withhold Landlord's consent on wholly aesthetic grounds. All Alterations shall be installed at Tenant’s 's sole cost and expense, may make alterationsin compliance with all applicable laws and the CC&Rs, installations by a licensed contractor, shall be done in a good and improvements (workmanlike manner conforming in quality and design with the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services Premises existing as of the Premises Commencement Date, and which are done shall not diminish the value of either the Building or the Premises. All Alterations made by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any be and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in not be deemed Tenant's Personal Property; provided, however, that Landlord shall at the Office upon ▇▇▇▇▇▇’s surrender time consent for the Alterations is requested, notify Tenant, whether Tenant must at the expiration or earlier termination of same. Howeverthe Term, Landlord may relinquish such right of ownership remove, at Tenant's expense, any or all Alterations installed by Tenant and return the Premises to the installations by giving Tenant thirty (30) days written notice their condition prior to the Termination Date installation of such relinquishment Alterations, normal wear and tear excepted. Notwithstanding any other provision of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Officethis Lease, Tenant shall remove be solely responsible for the maintenance and repair of any and all personal property and installations Alterations made by it to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and the Premises. Tenant shall immediately restore and repair the Office give Landlord written notice of Tenant's intention to that condition existing perform work on the Commencement DatePremises, whether or not Landlord's consent is required, at least twenty (20) days prior to the commencement 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. Any and Landlord, at Landlord's option at the expiration or earlier termination of the Term, may require Tenant to remove some or all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseany Alterations installed without Landlord's consent.
Appears in 1 contract
Alterations. Absent Landlord’s written consent, Tenant may A. Subtenant shall not make no any alterations in or additions to the OfficePremises ("Alterations") without the prior written consent of Sublandlord and Prime Landlord (if required). With As used herein, the term "Alterations" shall include the initial work to be performed by Subtenant to prepare the Premises for the conduct of Subtenant's business. If Sublandlord consents to any proposed Alteration, Sublandlord shall request the consent of Prime Landlord’s written consent, Tenantif such consent is required under the Prime Lease. If Alterations by Subtenant are consented to as aforesaid, Subtenant shall comply with all of the covenants of Sublandlord contained in the Prime Lease pertaining to the performance of such Alterations (which covenant, including, without limitation, any insurance obligations, shall be for the benefit of both Sublandlord and Prime Landlord). In addition, Subtenant shall indemnify, defend and hold harmless Sublandlord and Prime Landlord against liability, loss, cost, damage, liens and expense imposed on Sublandlord or Prime Landlord arising out of the performance of Alterations by Subtenant, including, without limitation, the removal of the Alterations as contemplated pursuant to Section 17 hereof.
B. Without limiting the generality of the foregoing, Subtenant shall perform all Alterations (i) at Tenant’s Subtenant's sole cost and expense, may make alterations(ii) using contractors, installations mechanics or any other professionals that have been approved by Sublandlord and improvements Prime Landlord, which approval shall not be unreasonably withheld by Sublandlord, (the “Alterations”iii) in accordance with plans and specifications approved by Sublandlord and Prime Landlord, and (iv) in a good and workmanlike manner employing materials of good quality and so as to comply with all zoning, building, fire, health, safety and other codes, ordinances, laws and regulations relating to such construction including, but not limited to, certificate of occupancy, permit and Americans with Disabilities Act requirements. All such work shall be subject to the Office provided they are non- structural in nature, which do not effect the Services, utilities supervision and review of Sublandlord and its employees and agents. Subtenant shall be required to pay any supervisory or other fee payable to Prime Landlord with respect to the applicable work. Any work requiring access to, or going through, any space other than the Premises must receive the written approval of both Sublandlord and Prime Landlord.
C. Sublandlord may impose reasonable guidelines as may be necessary to protect its occupancy, security and operational requirements, including placing reasonable restrictions on times when any work may be performed in order to prevent undue interference with the rights, business operations or services and access to the Building (including parking and common areas) and the respective premises of all other occupants of the Premises Building. In constructing and which are done by contractors completing any work in or about the Premises, Subtenant (its employees, agents and sub-contractors approved by Landlord contractors) shall do so in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any a manner so as to prevent undue intrusion and all municipal authorities noise to Sublandlord or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond tenants in the amount stated in the mechanic’s lien within thirty (30) days Building. As a condition of said filing at Tenant’s sole cost its approval and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date commencement of any work, Sublandlord may require that Subtenant post a completion bond or security deposit in an amount reasonably required by Sublandlord to cover the cost of any such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseproposed work.
Appears in 1 contract
Sources: Sublease (Epocrates Inc)
Alterations. Absent 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 written consent), Tenant may shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and additions, or improvements (the collectively referred to as “Alterations”) to the Office provided they are non- structural in nature, which Premises without the prior written consent of Landlord. Landlord’s consent shall not be unreasonably withheld as long as the proposed Alterations do not effect materially and adversely affect the Servicesstructural, utilities 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 contractors 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 operations or services of expenditure by Landlord, then Tenant shall promptly fund the Premises and which are done by contractors and sub-contractors approved by Landlord in every instancecost thereof to Landlord. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and permits for the Alterations and upon receiving sameshall perform the work in compliance with all applicable laws, Tenant regulations and ordinances with contractors reasonably acceptable to Landlord, and except for Alterations not requiring a permit, Landlord shall deliver duplicate or certified copies be entitled to Landlord a supervision fee in the amount of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence 3% of such insurance to Landlord prior to Tenant’s commencing the 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 Tenant 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 a mechanic’s lien be filed against the Office and/or Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, for work done or claimed to have been done or 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 supplied for Tenant or of a quality reasonably approved by Landlord Unless Landlord otherwise agrees in writing, all Alterations affixed to the OfficePremises, including without limitation all Tenant shall pay or cause Improvements constructed pursuant to be paid or file a bond the Work Letter (except as otherwise provided in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materialsWork Letter), but excluding moveable trade fixtures and the like furniture, shall become the property of Landlord upon such installation and shall remain be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord’s consent to the Alterations, 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 Office upon ▇▇▇▇▇▇Alteration or any portion thereof, is a Required Removable. Within 10 days after receipt of Tenant’s surrender of same. Howeverrequest, Landlord may relinquish such right of ownership shall advise Tenant in writing as to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession portions of the Officesubject Alterations are Required Removables. In connection with its removal of Required Removables, Tenant shall remove all personal property repair any damage to the Premises arising from that removal and installations shall restore the affected area to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished its pre-existing condition, reasonable wear and Tenant shall immediately restore and repair tear excepted. Notwithstanding anything to the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining contrary in this paragraph 7.3 or elsewhere in the Office after the Termination Date shall be deemed abandoned by Tenant and Lease, Landlord may either retain such abandoned property or may remove such abandoned property at agrees Tenant’s expenseinterior design, furnishings and decoration of the Premises are not Alterations requiring the consent or other input of Landlord.
Appears in 1 contract
Sources: Lease (Clean Energy Fuels Corp.)
Alterations. Absent Landlord’s written consent, Tenant may make no alterations Subject to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services last paragraph of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterationsthis Article 5, Tenant shall obtain all permitsmake no alterations, approvalsadditions or improvements in or to the demised premises without first obtaining the written consent of Landlord. Tenant understands that Landlord's consent will be conditioned on Tenant's compliance with Landlord's requirements in effect at the time permission is requested, certificates which requirements will include, without limitation, Landlord's approval of plans, specifications, contractors, insurance, and hours of construction. Tenant will be required to pay as additional rent to Landlord a reasonable fee for supervising Tenant's contractor and for Landlord's related costs, such as, but not limited to, trash removal and utilities. Prior to the commencement of any work in or to the demised premises by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving sameTenant's contractors, Tenant shall deliver duplicate or certified copies to Landlord of each certificates issued by applicable insurance companies evidencing that workmen's compensation and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal public liability insurance and property damage insurance, all in amounts and with companies, and on forms satisfactory to Landlord, are in force and effect and maintained by all contractors and subcontractors engaged by Tenant to perform such amounts work. Each such certificate shall provide that it may not be cancelled without ten (10) days, prior written notice to Landlord. Upon completion of such work, Tenant shall provide Landlord with as-built plans and specifications and with lien releases from every person who supplied labor or materials for the work. All work done by Tenant shall be performed in full compliance with all laws, rules, orders, ordinances, directions, regulations and requirements of all governmental agencies, offices, departments, bureaus and boards having jurisdiction over the Building. Before commencing any work with an aggregate cost of Ten Thousand and No/100 Dollars ($10,000.00) or less, Tenant shall give Landlord at least forty-eight (48) hours prior verbal notice of the commencement of such work. Before commencing any work with an aggregate cost in excess of Ten Thousand and No/100 Dollars ($10,000.00), Tenant shall give Landlord at least five (5) days' written notice of the commencement of such work; and shall, during the course of such work, post and keep posted in conspicuous places on the demised premises such notice as Landlord requires, naming requires to protect Landlord as insured and from having its interest in the demised premises made subject to a mechanic's lien. Tenant shall deliver evidence of such insurance secure, at Tenant's own cost and expense, a completion and lien indemnity bond satisfactory to Landlord prior to Tenant’s commencing the Alterationsfor said work. Should a Any mechanic’s 's lien be filed against the Office and/or Premises, demised premises or against the Building or the land upon which the Building is located or any of the areas used in connection with the operation of the Building for work done or claimed to have been done for, or materials supplied for claimed to have been furnished to Tenant, shall be discharged by Tenant, by bond or otherwise, within ten (10) days after the filing thereof, at the cost and expense of Tenant. All alterations, additions or improvements upon the demised premises made by either Landlord or Tenant or including, without limiting the generality of the foregoing, all paneling, partitions, railings, and the like, unless Landlord elects otherwise (which election shall be made by giving a notice pursuant to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty provisions of Article 23 below not less than three (303) days prior to the expiration or other termination of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like this lease or any renewal or extension thereof) shall become the property of Landlord upon such installation Landlord, and shall remain in upon and be surrendered with the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to demised premises at the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession end of the Officeterm of this lease. If Tenant removes any property from the demised premises, Tenant shall remove all personal property and installations repair or, at Landlord's option, shall pay to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished Landlord the cost of repairing any damage arising from such removal. Landlord and Tenant agree that alterations, additions and improvements shall immediately restore not require the prior written consent of Landlord if the same (i) are not structural in nature and repair if they do not affect the Office structural integrity or external appearance of the Building; (ii) do not adversely affect the basic Building systems; (iii) do not affect electrical, life safety, HVAC, mechanical or plumbing systems or fixtures; (iv) are not visible from any elevator lobby or public area; and (v) do not include any restrooms. Notwithstanding the foregoing, Tenant agrees to that condition existing on deliver written notice to Landlord advising of any alteration, addition and/or improvement which do not require Landlord's consent at least three (3) business days prior to commencement of any work upon the Commencement Date. Any demised premises, and Tenant agrees to comply with all property other requirements of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain this Article 5 with respect to such abandoned property or may remove such abandoned property at Tenant’s expensealterations, additions and/or improvements.
Appears in 1 contract
Sources: Office Lease (Hagler Bailly Inc)
Alterations. Absent 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 written building standard materials (which work shall require notice to Landlord but not Landlord’s consent), Tenant may shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and additions, decorations or improvements (the “collectively referred to as “ Alterations”) to the Office provided they are non- structural in naturePremises without the prior written consent of Landlord, which do it being understood that Tenant’s installation of audio visual equipment and wiring shall not effect the Servicesbe considered Alterations. Landlord may impose, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by as a condition to its consent, any requirements that Landlord in every instanceits discretion may deem reasonable or desirable. Before making Alterations, Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and permits for the Alterations and upon receiving sameshall perform the work in compliance with all applicable laws, Tenant regulations and ordinances with contractors reasonably acceptable to Landlord. Except for cosmetic Alterations not requiring a permit, Landlord shall deliver duplicate or certified copies be entitled to Landlord a supervision fee in the amount of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence 5% of such insurance to Landlord prior to Tenant’s commencing 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 a mechanic’s lien be filed against the Office and/or Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, for work done or claimed to have been done or materials supplied for then Tenant or 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 OfficePremises, including without limitation all Tenant shall pay or cause Improvements constructed pursuant to be paid or file a bond the Work Letter (except as otherwise provided in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materialsWork Letter), but excluding moveable trade fixtures and the like furniture, shall become the property of Landlord upon such installation and shall remain in be surrendered with the Office upon ▇▇▇▇▇▇’s surrender Premises at the end of same. Howeverthe Term, except that Landlord may relinquish such right of ownership may, by notice to the installations by giving Tenant thirty (30) given at least 30 days written notice prior to the Termination Date Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of such relinquishment of ownershipthis Lease, in which event, they shall become all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s and must be removed upon request (collectively, the Termination Date“Required Removables”). Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender In connection with its removal of possession of the OfficeRequired Removables, Tenant shall remove all personal property repair any damage to the Premises arising from that removal and installations shall restore the affected area to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished its pre-existing condition, reasonable wear and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensetear excepted.
Appears in 1 contract
Sources: Lease (Zafgen, Inc.)
Alterations. Absent Other than the construction specified in paragraph 6.2 and non-structural alterations costing less than $5,000, Tenant shall not make 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, fixtures and improvements, whether temporary or permanent in character, made in or upon the Premises either by Landlord or Tenant, shall at once become part of the realty and belong to Landlord and, at the end of the term hereof, shall remain on the Premises without compensation of any kind to Tenant except as herein provided in this Lease. Movable furniture and equipment shall remain the property of Tenant. Notwithstanding any other provision contained in this Lease, Tenant agrees that it shall, upon Landlord’s written consent, Tenant may make no alterations to the Office. With Landlord’s written consent, Tenantrequest, at Tenant’s its sole cost and expense, may make promptly remove any alterations, installations additions, fixtures, communication system or other cabling, or improvements designated by Landlord to be removed and improvements (the “Alterations”) repair any damage to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instanceresulting from such removal. Before making Alterations, Tenant Such removal shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord made prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done expiration or claimed to have been done or materials supplied for termination of this Lease if Landlord gives Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within such written request no less than thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date 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 relinquishment improvements, then Landlord will make such determination at the time requested by Tenant. All work done by or for Tenant costing in excess of ownership$5,000 per set of improvements shall be performed by a licensed general contractor who, in which event, they shall become Tenant’s and must be removed upon if the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession cost of the Officework exceeds $10,000, shall provide a full payment and performance bond naming both Landlord and Tenant as insured. Tenant shall not be required to remove all personal property and installations the initial Tenant Improvements installed pursuant to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseWork Letter.
Appears in 1 contract
Sources: Lease (Constant Contact, Inc.)
Alterations. Absent Landlord’s written consent, Tenant may shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and additions, decorations, or improvements (the collectively referred to as “Alterations”) to the Office provided they Premises without the prior written consent of Landlord. Landlord may impose, as a condition to its consent, such requirements as are non- structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instancereasonable. Before making Alterations, Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and permits for the Alterations and upon receiving sameshall perform the work in compliance with all applicable laws, Tenant regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall deliver duplicate or certified copies be entitled to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond supervision fee in the amount stated of 3% of the cost of such Alterations requiring a permit from the City 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 mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materialsWork Letter), but excluding moveable trade fixtures and the like furniture, shall become the property of Landlord upon such installation and shall remain in be surrendered with the Office upon ▇▇▇▇▇▇’s surrender Premises at the end of same. Howeverthe Term, except that Landlord may relinquish such right of ownership may, by notice to the installations by giving Tenant thirty (30) given at least 30 days written notice prior to the Termination Date Expiration Date, require Tenant to remove by the Expiration Date, or sooner termination date of such relinquishment of ownershipthis Lease, in which event, they shall become all or any Alterations (including without limitation all telephone and data cabling) installed either by Tenant or by Landlord at Tenant’s and must be removed upon request (collectively, the Termination Date“Required Removables”). Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender In connection with its removal of possession of the OfficeRequired Removables, Tenant shall remove all personal property repair any damage to the Premises arising from that removal and installations shall restore the affected area to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished its pre-existing condition, reasonable wear and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensetear excepted.
Appears in 1 contract
Sources: Lease Agreement (TigerLogic CORP)
Alterations. Absent Landlord’s written consent, Tenant may shall not make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make any alterations, installations and improvements additions, changes or modifications (the “Alterations”) to the Office provided they are non- structural Premises without first obtaining Landlord’s prior written consent, in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are each instance. Whether any such work is done by contractors and sub-contractors approved Tenant or by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon on ▇▇▇▇▇▇’s surrender behalf, Tenant shall indemnify, defend and hold Landlord harmless from any claims and/or damages from such work. Tenant shall also comply with NRS 108 et seq. in commencing and completing alterations, including, but not limited, bond and notice requirements thereto. Landlord shall have the right to record and serve statutory notices of samenon responsibility. However, Landlord may relinquish such right of ownership In no event shall Tenant be allowed to make any Alterations to the installations by giving Tenant thirty (30) days written notice prior Premises without first obtaining all approvals from all governmental authorities regarding operation of its purposed business in the Premises. Any Alterations to the Termination Date Premises or the building of which they are a part which are required by reason of any present or future law, ordinance, rule, regulation or order of any governmental authority having jurisdiction over the Premises or The Falls Office Park or of any insurance company insuring the Premises, and regardless of whether or not such relinquishment Alterations pertain to the nature, construction or structure of ownershipthe building or to the use made thereof by Tenant, in which eventshall be at the sole cost of Tenant regardless of whether the work is performed by Landlord or Tenant. All Alterations, they shall become Tenant’s and must be removed to or upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s Premises, except removable trade fixtures, office furniture shall at once when made or installed be deemed to have attached to the real property and equipment which can be easily moved. Upon to have become the Termination Date and surrender of possession property of the OfficeLandlord. The foregoing includes, without limitation, any modifications to the Premises required by the Americans with Disabilities Act. If the cost of any Alterations equal or exceed Five Thousand Dollars ($5,000.00), then Tenant shall provide Landlord a performance bond in the contract amount prior to commencement of any such work. In addition to the forgoing, Tenant shall remove comply with the terms of Nevada Revised Statutes (NRS) Chapter 108 in all personal property instances, including without limitation using a construction control account to pay its contractor and installations to which ▇▇▇▇▇▇▇▇subcontractors. All “Tenant’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date Work” shall be deemed abandoned performed by Tenant a duly licensed and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensequalified contractor(s).
Appears in 1 contract
Alterations. Absent Landlord’s written consentExcept as provided in the Tenant Work Letter, Tenant may shall make no alterations or additions to the Office. With Premises (“Alterations”) without the prior written consent of Landlord, which consent may be withheld in Landlord’s written consentsole discretion, and then only by contractors or mechanics approved by Landlord in writing and upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, to be prepared and submitted by Tenant, at its sole cost and expense. Tenant shall, at its sole cost and expense, obtain all necessary approvals and permits pertaining to any Alterations approved by Landlord, and Tenant agrees that any cabling or wiring installed by (or at the direction of) Tenant shall meet the requirements of all applicable laws, statutes, ordinances, regulations and codes. If Landlord, in approving any Alterations, specifies a commencement date therefor, Tenant shall not commence any work with respect to such Alterations prior to such date. Tenant hereby indemnifies, defends and agrees to hold Landlord free and harmless from all liens and claims of lien, and all other liability, claims and demands arising out of any work done or material supplied to the Premises by or at the request of Tenant in connection with any Alterations. If permitted Alterations are made, they shall be made at Tenant’s sole cost and expense and shall be and become the property of Landlord, except that Landlord may, by written notice to Tenant given at the time Landlord consents to such Alterations require Tenant, at Tenant’s expense, to remove all partitions, counters, railings and other Alterations installed by Tenant, and to repair any damages to the Premises caused by such removal. Upon the expiration or earlier termination of this Lease, Tenant shall remove all cabling and wiring installed by (or at the direction of) Tenant during the term of this Lease, and shall repair any damages to the Premises caused by such removal at Tenant’s sole cost and expense, may make alterations, installations and improvements unless Landlord delivers written notice to Tenant (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within given at least thirty (30) days prior to the end of said filing at the Term) requiring Tenant not to remove such cabling or wiring. In the event Landlord requires Tenant not to remove any such cabling or wiring, Tenant shall leave such cabling or wiring in working order and in a good condition, properly labeled. 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 Tenant’s plans, specifications, improvements, alterations or otherwise shall be paid by Tenant at its sole cost and expense. Any installation of materialsWith regard to repairs, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. HoweverAlterations or any other work arising from or related to this Article 5, Landlord may relinquish shall be entitled to receive an administrative/supervision fee (which fee shall vary depending upon whether or not Tenant orders the work directly from Landlord) sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord’s involvement with such right work. If Landlord performs any Alterations on behalf of ownership the Tenant, any administrative or management fees paid to Landlord associated with the installations by giving Tenant thirty (30) days written notice prior to the Termination Date oversight of such relinquishment of ownership, in which event, they work shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession not exceed five percent (5%) of the Officedirect costs of the Alterations. If Tenant performs the Alterations, Tenant any administrative or management fees paid to Landlord shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair not exceed three percent (3%) of the Office to that condition existing on direct costs of the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseAlterations.
Appears in 1 contract
Sources: Office Lease (Medivation, Inc.)
Alterations. Absent 6.1 Tenant shall not make any additions, alterations, improvements or changes (collectively, “Tenant Improvements”) in or to the Premises or the Building without the prior written approval of Landlord, including, without limitation, any penetration of the roof from the interior or exterior of the Premises (which must be performed by the contractor that installed the roof, or such other contractor acceptable to Landlord in its sole and absolute discretion). Any request to make Tenant Improvements shall be accompanied by a set of plans drawn by a licensed architect and a proposed timeline for the completion of the work. All Tenant Improvements shall be at the sole cost and expense of Tenant. Any Tenant Improvements shall be made promptly and in a good and workmanlike manner and in compliance with all insurance requirements and with all applicable permits, authorizations, building regulations, zoning laws and all other governmental rules, regulations, ordinances, statutes and laws, now or hereafter in effect pertaining to the Premises or Tenant’s use thereof and such Tenant Improvements shall be done by recognized union labor if so required by Landlord. Prior to the commencement of such work, Tenant shall give evidence to Landlord that appropriate insurance satisfactory to Landlord has been obtained by Tenant and Tenant’s contractor for the protection of Landlord and its tenants and invitees from damage or injury resulting from the making of such Tenant Improvements. In addition, prior to the commencement of such work, Tenant, if required by Landlord, shall secure, at Tenant’s expense, performance, labor and materials bonds for the full cost of such work satisfactory to Landlord. Landlord will direct electricians as to where and how telephone wires are to be introduced. No boring or cutting for wires will be allowed without the consent of Landlord. The location of telephones, call boxes and other office equipment affixed to the Premises shall be subject to the reasonable approval of Landlord. Tenant shall not lay linoleum, tile, carpet or other similar floor coverings and the same shall not be affixed to the floor of the Premises in any manner except as approved by Landlord. The expense of repairing any damage resulting from a violation of this rule or removal of any floor covering shall be borne by Tenant. Any Tenant Improvements made by Tenant shall at Landlord’s written consentoption become the property of Landlord upon the expiration or sooner termination of this Lease. However, Landlord shall have the right to require Tenant may make no alterations to the Office. With Landlord’s written consent, Tenantremove such Tenant Improvements, at Tenant’s sole cost and expense, may make alterations, installations upon such termination of this Lease and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of surrender the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice same condition as it was prior to the Termination Date making of any or all such relinquishment Tenant Improvements, ordinary wear and tear excepted.
6.2 Tenant shall not alter, manipulate or in any manner make any changes or interfere with the operation of ownershipthe Building fire sprinkler system or other life safety equipment.
6.3 Tenant will not create or permit to be created or to remain, in which eventand will discharge, they shall become Tenant’s and must be removed any lien, encumbrance or charge upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Officeequipment, Tenant shall remove all or personal property and installations to which ▇▇▇▇▇▇▇▇located within the Premises.
6.4 Landlord’s ownership interest has been relinquished and Tenant approval of any drawing plans or specifications shall immediately restore and repair not constitute any assumption of any liability for the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property accuracy or may remove such abandoned property at Tenant’s expensesufficiency thereof.
Appears in 1 contract
Sources: Lease (1847 Holdings LLC)
Alterations. Absent (a) Tenant shall make no changes in or to the Demised Premises of any nature without Landlord’s prior written consentconsent 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 make no alterations leave such improvements only with the prior written consent of Landlord, and such improvements shall then remain as part of the Demised Premises and become the property of the Landlord at the expiration of the Lease Term. Nothing in this Article shall be construed to give Landlord title to or to prevent Tenant’s removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such 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 Officeinstallation and Tenant will repair any damage to the Demised Premises or the Building due to such removal. With All property permitted or required to be removed by Tenant at the end of the Lease Term remaining in the Demised Premises after Tenant’s removal shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord’s written consent, Tenant, property or may be removed from the Demised Premises by Landlord at Tenant’s sole cost expense. Landlord agrees that Tenant shall not be required to remove any part of Landlord’s Work pursuant to the attached Work Letter, including any halls, doors, corridors, ceiling tiles, and expensecarpeting.
(b) Any Tenant Changes made by Tenant or Tenant’s Contractors must comply with the following:
(1) No Tenant Changes shall be made which shall impair the structural soundness or diminish the value of or cause permanent damage or injury to the Building or the Demised Premises or create a dangerous or hazardous condition or injure the business of or unreasonably interfere with, may make disturb or annoy any other tenant or occupant of the Building.
(2) Landlord agrees to cooperate (i.e., executing permit applications, to the extent required). Tenant shall, before making any alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in natureor improvements, which do not effect the Servicesat its expense, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all municipal such permits, approvals and certificates to Landlord.
(3) All Tenant Changes shall be performed in a workmanlike manner and shall be in compliance with all laws, codes, ordinances, orders, rules, regulations and requirements of all governmental authorities having or other agencies having jurisdiction asserting any jurisdiction.
(4) Tenant shall maintain or cause to have maintained, at no cost to Landlord (i) Workmen’s Compensation Insurance, in accordance with all laws, covering all persons employed in connection with Tenant Changes and, (ii) General Liability Insurance in amounts and with insurers reasonably satisfactory to Landlord insuring Landlord and its agent against the hazards due to Tenant Changes. Prior to the commencement of the Premises and the Alterations and upon receiving sameany work, Tenant shall deliver duplicate or certified copies submit appropriate written proof reasonably satisfactory to Landlord of each and every one. Tenant’s compliance with this requirement.
(5) No Tenant Changes shall affect or change (i) the structural integrity of the Building, (ii) the exterior appearance of the Building, or (iii) the air-conditioning, air-cooling, plumbing, electrical or heating system and/or any other such system of the Building unless Tenant shall carry have (a) submitted to Landlord for its written approval, accurate dimensioned working drawings and cause specifications therefor and (b) paid to Landlord any reasonable third party fees or expenses incurred by Landlord in connection with submitting such drawings and specifications to an architect or engineer of Landlord’s selection for review or examination, and (c) obtained Landlord’s written approval of such drawings and specifications, not to be carried unreasonably withheld, conditioned or delayed.
(6) Nothing in this Lease shall be construed in any way as constituting the permission, consent or request of the Landlord, express or implied through act, or omission to act, by each contractor and inference or otherwise, to any contractor, sub-contractor, workmen’s compensationlaborer, general liabilityor materialman for the performance of any labor or the furnishing of any materials for any specific improvement, personal and property damage insuranceinstallation, in such amounts addition, decoration, alteration, or repair of or to the Demised Premises or so as Landlord requiresto give to the Tenant the right, naming Landlord as insured and Tenant shall deliver evidence power, or authority to contract for or permit the rendering of such insurance any service or the furnishing of any material that would give rise to Landlord prior to Tenant’s commencing the Alterations. Should a filing of any mechanic’s lien be against the Building or the Demised Premises. If any mechanic’s lien is filed against the Office and/or Demised Premises, or the Building of which the same forms a part, for work done or claimed to have been done for, or materials supplied for Tenant furnished to, Tenant, whether or not done pursuant to this Article, the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date same shall be deemed abandoned discharged by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensein accordance with Article 43 of this Lease.
Appears in 1 contract
Alterations. Absent 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 written consent), Tenant may shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and additions, decorations, or improvements (the collectively referred to as “Alterations”) to the Office provided they are non- structural in naturePremises without the prior written consent of Landlord. For all Alterations that require the prior written consent of Landlord, which Landlord’s consent shall not be unreasonably withheld, conditioned or delayed as long as the proposed Alterations do not effect affect the Servicesstructural, utilities 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 contractors 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 operations or services of expenditure by Landlord, then Tenant shall promptly fund the Premises and which are done by contractors and sub-contractors approved by Landlord in every instancecost thereof to Landlord. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and permits for the Alterations and upon receiving sameshall perform the work in compliance with all applicable laws, Tenant regulations and ordinances with contractors reasonably acceptable to Landlord, and except for cosmetic Alterations not requiring a permit, Landlord shall deliver duplicate or certified copies be entitled to Landlord a supervision fee in the amount of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence 5% of such insurance to Landlord prior to Tenant’s commencing the cost of the Alterations. Landlord may elect to cause its architect to review Tenant’s architectural plans with respect to any Alterations, and the reasonable cost of that review shall be reimbursed by Tenant. Should a mechanic’s lien be filed against the Office and/or Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, for work done or claimed to have been done or materials supplied for then Tenant or 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 OfficePremises, including without limitation all Tenant shall pay or cause Improvements constructed pursuant to be paid or file a bond the Work Letter (except as otherwise provided in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost Work Letter), but excluding moveable trade fixtures, furniture, office/telephone equipment, computers, and expense. Any installation of materialsother personal property, fixtures and the like shall become the property of Landlord upon such installation and shall remain be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of 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. If Landlord fails to respond to any request for consent within the 10 day period set forth in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Officepreceding sentence, Tenant shall remove all personal property and installations have the right to which ▇▇▇▇▇▇▇▇provide Landlord with a second request for consent. Tenant’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office second request for consent must specifically state that Landlord’s failure to that condition existing on the Commencement Date. Any and all property respond within a period of Tenant remaining in the Office after the Termination Date 5 business days shall be deemed abandoned 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 Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseshall restore the affected area to its pre-existing condition, reasonable wear and tear excepted.
Appears in 1 contract
Sources: Lease (Lombard Medical, Inc.)
Alterations. Absent Tenant shall not make any alterations to the Premises which affect the structure of the Building or the mechanical, electrical or plumbing systems of the Premises, without Landlord’s prior written consent, Tenant which shall not be unreasonably delayed, conditioned or withheld. Landlord may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make approve or disapprove such alterations, installations regulate the manner in which the work may be performed, require, among other things, the use of contractors Landlord approves, require lien and improvements (the “Alterations”) to the Office provided they are non- structural in naturecompletion bonds, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts form and amount reasonably satisfactory to Landlord. Landlord’s consent shall not be required for normal decorating or redecorating of the interior of the Premises, such as Landlord requiresthe painting of walls, naming Landlord as insured and the installation of wall or floor coverings or replacement of light fixtures; provided that such work does not impact the structure, plumbing, mechanical or electrical systems of the Building. Tenant shall deliver evidence promptly remove all debris from the Premises in the event alterations are performed by Tenant or at its direction. Tenant shall provide Landlord with “as-built” plans, copies of all construction contracts and proof of payment for all labor and materials. Tenant shall keep the Premises free from any liens arising out of work performed, materials furnished or obligations incurred by or for Tenant or, if any such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be is filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall promptly bond over the lien to the reasonable satisfaction of Landlord. Tenant shall reimburse Landlord for all costs and expenses, including attorneys’ fees, reasonably incurred by Landlord due to the filing and/or removal of such liens that are not satisfactorily bonded over. Tenant’s failure to pay such costs and expenses within ten (10) days after written demand shall be a default in the same manner as nonpayment of Rent and Landlord may pay or bond over such lien and charge the cost to Tenant as Additional Rent. However, Tenant shall have no obligation to remove any such lien, and Landlord shall have no right to cause to be paid or file a bond such removal in the event Tenant provides Landlord with security against the enforcement of such lien in an amount stated in and a manner reasonably acceptable to Landlord. All alterations, additions or improvements made by either party upon the mechanic’s lien within thirty Premises, including floor coverings (30) days of said filing except movable office furniture and trade fixtures installed at the Tenant’s sole cost expense), shall remain upon and expense. Any installation be surrendered with the Premises at the termination of materialsthis Lease, fixtures without molestation or injury, and the like shall thereupon become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. HoweverLandlord; provided, however, that Landlord may relinquish such right of ownership to the installations designate by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in Tenant those alterations and additions which event, they shall become Tenant’s and must be removed upon by Tenant at the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession expiration or termination of the OfficeLease, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore promptly remove the same and repair any damage (including screw holes, mollies, unmatched wallpaper or paint, etc.) to the Office Premises caused by such removal. If Landlord directs Tenant to that condition existing on remove any alterations from the Commencement Date. Any and all property Premises, including any specialty items installed by or at the request of Tenant, Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may will remove such abandoned property items at Tenant’s expensethe end of the Lease term and restore the Premises to a good condition. In the event Landlord approves any alteration, Tenant shall:
13.1. comply with all governmental codes and ordinances; and
13.2. perform all such alterations in a first-class, workmanlike manner.
Appears in 1 contract
Alterations. Absent (a) Tenant shall make no alterations, additions or improvements in or to the Premises (“Alterations”) without Landlord’s 's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed, and then only by contractors or mechanics approved by Landlord in writing, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall submit to Landlord plans and specifications for any proposed Alterations and may not make no such Alterations until Landlord has approved such plans and specifications and the contractor in writing. Tenant shall construct such Alterations in accordance with the plans and specifications approved by Landlord and in compliance with all applicable Laws, and shall not amend or modify such plans and specifications. If the proposed change requires the consent or approval of the holder of a mortgage encumbering the Premises, Tenant acknowledges that such consent or approval must be secured prior to the construction of such Alteration. Tenant agrees not to construct or erect partitions or other obstructions that may interfere with free access to mechanical installations or service facilities of the Building or interfere with the moving of equipment to or from the enclosures containing said installations or facilities. All Alterations shall be done at such times and in such manner as Landlord may from time to time reasonably designate. Tenant shall pay the entire cost of all Alterations and any work necessitated by the Alterations. Tenant shall obtain and/or require from its contractor builder’s “all risk insurance” in an amount at least equal to the replacement value of the Alterations naming Landlord and other parties required by Landlord as additional insureds, which shall specifically include completed operations. Tenant covenants and agrees that all work done by Tenant, including the Tenant Improvements, shall be performed in full compliance with all Laws, including the ADA. If a governmental authority requires any alterations to the Office. With Project, Buildings or Premises as a result of Tenant’s Permitted Use or as a result of the Tenant Improvements or an Alteration to the Premises, or due to Tenant’s unique and specific use, and which are not included in Landlord’s written consentWork, Tenant, Tenant shall pay the cost of all such required alterations. Any other code violation or alterations required by a governmental authority not covered by the previous two (2) sentences shall be the responsibility of Landlord at TenantLandlord’s sole cost and expense, may make alterations, installations expense and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities without reimbursement from Tenant either directly or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instanceas an Operating Expense. Before making Alterationscommencing any work, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction give Landlord at least ten (10) days’ Notice of the Premises proposed commencement of such work. For Alterations costing more than $50,000 and the Alterations and upon receiving same, if Tenant shall deliver duplicate or certified copies fails to demonstrate to Landlord that it has sufficient available funds set aside for payment of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations, Landlord may require that Tenant secure for such work at Tenant's own cost and expense a completion and payment bond in form, substance and amount reasonably satisfactory to Landlord. Should a mechanicAll Alterations made after the Commencement Date, shall, at Landlord's election, which election shall be communicated in writing to Tenant at the time of Landlord’s lien consent, either be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for removed by Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in upon, and be surrendered with, the Office upon ▇▇▇▇▇▇’s surrender Premises at the end of same. Howeverthe Term hereof; provided, however, that if Landlord, by Notice to Tenant, requires Tenant to remove such improvements, Tenant shall repair all damage resulting from such removal or, at Landlord's option, shall pay to Landlord may relinquish the reasonable and documented cost of such right of ownership to the installations by giving Tenant thirty (30) days written notice removal prior to the Termination Date expiration of the Term. In no event shall Tenant be required to remove the Tenant Improvements. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to obtain Landlord’s prior written consent for non-structural, non-exterior, cosmetic alterations to the Premises, provided such relinquishment alterations do not affect the Building Systems and cost in the aggregate for each alteration project no more than $150,000. Additionally, the construction of ownership, in which event, they the Tenant Improvements shall become Tenant’s be governed by the terms of the Work Letter and must be removed upon not the Termination Date. Nothing herein is meant to give Landlord any ownership rights in terms of this Section 14.
(b) All articles of personal property and to Tenant’s all business and trade fixtures, office machinery and equipment, furniture and equipment which can movable partitions owned by Tenant or installed by or for Tenant in the Premises shall be easily moved. Upon and remain the Termination Date property of Tenant and surrender of possession shall be removed by Tenant prior to the expiration of the OfficeTerm and Tenant shall repair all damage to the Premises resulting from such removal. If Tenant shall fail to remove any of the foregoing from the Premises on or before termination of this Lease for any cause whatsoever, Tenant shall be deemed to be holding over without Landlord’s consent, and Landlord may, at its option, remove all personal property the same in any manner that Landlord shall choose, and installations store the same without liability to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished Tenant for loss thereof, and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any pay Landlord upon demand any and all property reasonable and documented expenses incurred in such removal, including court costs and attorneys' fees and storage charges thereon, for any length of Tenant remaining in time that the Office after the Termination Date same shall be deemed abandoned by Tenant and in Landlord's possession or control. Landlord may either retain without Notice, sell such abandoned property or property, at a private sale and without legal process, for such price as Landlord may remove obtain and apply the proceeds of such abandoned property at Tenant’s expensesale to any amounts due under this Lease from Tenant to Landlord and/or to all reasonable and documented expenses, including attorneys' fees and costs, incident to the removal and/or sale thereof.
Appears in 1 contract
Sources: Office Building Lease (GLAUKOS Corp)
Alterations. Absent 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 written building standard materials (which work shall require notice to Landlord but not Landlord’s consent), Tenant may shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and additions, decorations or improvements (the collectively referred to as “Alterations”) to the Office provided they are non- structural in naturePremises without the prior written consent of Landlord. Landlord may impose, which do not effect the Servicesas a condition to its consent, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by any requirements that Landlord in every instanceits discretion may deem reasonable. Before making Alterations, Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and permits for the Alterations and upon receiving sameshall perform the work in compliance with all applicable laws, Tenant regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall deliver duplicate or certified copies be entitled to Landlord a supervision fee in the amount of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence 5% of such insurance to Landlord prior to Tenant’s commencing 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 a mechanic’s lien be filed against the Office and/or Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, for work done or claimed to have been done or materials supplied for then Tenant or 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 OfficePremises, including without limitation all Tenant shall pay or cause Improvements constructed pursuant to be paid or file a bond the Work Letter (except as otherwise provided in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materialsWork Letter), but excluding moveable trade fixtures and the like furniture, shall become the property of Landlord upon such installation and shall remain in be surrendered with the Office upon ▇▇▇▇▇▇Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord’s surrender approval, require Tenant to remove by the Expiration Date or sooner termination date of same. Howeverthis Lease, Landlord may relinquish such right of ownership all or any Alterations (including without limitation any Tenant Improvements constructed pursuant to the installations by giving Tenant thirty (30Work Letter) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned installed either by Tenant and or by Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenserequest (collectively, the “Required Removables”); provided, however, that notwithstanding
Appears in 1 contract
Sources: Lease (Tarsus Pharmaceuticals, Inc.)
Alterations. Absent 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 written building standard materials (which work shall require notice to Landlord but not Landlord’s consent), Tenant may shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and additions, decorations, or improvements (the collectively referred to as “Alterations”) to the Office provided they are non- structural in naturePremises without the prior written consent of Landlord. Landlord may impose, which do not effect the Servicesas a condition to its consent, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by any commercially reasonable requirements that Landlord in every instanceits discretion may deem reasonable or desirable. Before making Alterations, Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and permits for the Alterations and upon receiving sameshall perform the work in compliance with all applicable laws, Tenant regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall deliver duplicate or certified copies be entitled to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond supervision fee in the amount stated of 5% of the cost of the Alterations which require Landlord’s consent. 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 mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materialsWork Letter), but excluding moveable trade fixtures and the like furniture, shall become the property of Landlord upon such installation and shall remain in be surrendered with the Office upon ▇▇▇▇▇▇Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord’s surrender approval, require Tenant to remove by the Expiration Date or sooner termination date of same. Howeverthis Lease, Landlord may relinquish such right of ownership all or any Alterations (including without limitation any Tenant Improvements constructed pursuant to the installations Work Letter) installed either by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become or by Landlord at Tenant’s and must be removed upon request (collectively, the Termination Date“Required Removables”). Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender In connection with its removal of possession of the OfficeRequired Removables, Tenant shall remove all personal property repair any damage to the Premises arising from that removal and installations shall restore the affected area to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished its pre-existing condition, reasonable wear and Tenant shall immediately restore and repair tear excepted. Notwithstanding anything to the Office to that condition existing on contrary in the foregoing, in no event will any improvements or conditions within the Premises as of the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseconsidered Required Removables.
Appears in 1 contract
Sources: Lease (Redwood Trust Inc)
Alterations. Absent Landlord’s written consentExcept as otherwise allowed under this Lease, including, without limitation the Work Letter Agreement. Tenant may shall not make no or suffer to be made any alterations additions, or improvements in, on, or to the OfficePremises or any part thereof without the prior written consent of Landlord, which consent shall not be unreasonably withheld and no such alterations, additions or improvements shall be made without the supervision of Landlord's designated agent or representative. With Landlord’s written consentIn the event Landlord consents to the making of any such alterations, additions, or improvements by Tenant, the same shall be made by Tenant, at Tenant’s 's sole cost and expenseexpense in accordance with all applicable laws, may make alterationsordinances, installations and improvements (regulations and all requirements of Landlord's and Tenant's insurance policies. All work shall be performed in accordance with plans and specifications approved by Landlord, and each contractor and subcontractor must first be approved in writing by Landlord, or at Landlord's option, the “Alterations”) alteration, addition or improvement shall be made by Landlord for Tenant's account, and Tenant shall reimburse Landlord for the cost thereof upon demand. To the extent that Tenant requests that Landlord manage any construction services to the Office provided they are non- structural in naturePremises, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by then Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by may charge a fee for any and all municipal authorities such construction supervision provided by Landlord's designated agents or other agencies having jurisdiction of representatives in connection with such alterations, additions or improvement to the Premises and the Alterations and upon receiving sameby Tenant. Such fee, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractorat Landlord's option, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned either a fixed fee or a fee calculated an hourly basis considering the time expended by Tenant and Landlord may either retain such abandoned property Landlord's agents or may remove such abandoned property at representatives in supervising Tenant’s expense's construction.
Appears in 1 contract
Sources: Office Lease Agreement (Ultimate Software Group Inc)
Alterations. Absent Landlord’s written consentTenant shall in no event make or permit to be made any alteration, Tenant may make no alterations modification, substitution or other change of any nature to the Officemechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Premises without the
1. With All Alterations shall be based on complete plans and specifications prepared and submitted by Tenant to Landlord for approval, except in the instance of cosmetic changes, such as painting and carpeting, in which case Tenant shall provide Landlord with samples showing colors, styles, etc. Alterations shall not be made until (a) Landlord has approved Tenant's contractor, (b) Tenant has provided Landlord with certificates of insurance meeting the requirements of Section 16.1.A.(iv), and (c) Tenant has furnished Landlord with all necessary permits and licenses. If required for issuance of a permit, Landlord agrees to execute, at no cost to Landlord’s written consent, any permit application for Alterations approved by Landlord. All such work shall be subject to reasonable rules and regulations prescribed by Landlord for tenant construction. Alterations made by Landlord at Tenant's request shall be at Tenant's sole cost, payable by Tenant, at Tenant’s sole cost and expenseas Additional Rent, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days after receipt of said filing at an invoice for same from Landlord, which cost shall include Landlord's standard construction management fee, which shall be agreed upon between Landlord and Tenant prior to commencement of the Alterations. Tenant shall be responsible for the cost of any additional improvements within the Premises or the Common Area required by The Americans with Disabilities Act of 1990 as a result of Tenant’s sole cost and expense's Alterations. Any installation If Tenant makes any Alterations without the prior consent of materialsLandlord, fixtures and the like shall become the property of Landlord upon such installation and shall remain then, in the Office upon ▇▇▇▇▇▇’s surrender of same. Howeveraddition to Landlord's other remedies, Landlord may relinquish correct or remove such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished Alterations and Tenant shall immediately restore and repair pay the Office to that condition existing cost thereof, as Additional Rent, on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensedemand.
Appears in 1 contract
Sources: Full Service Office Lease (Physicians Quality Care Inc)
Alterations. Absent Tenant shall not make any alterations to the Premises, or to the Project, including any changes to the existing landscaping, without Landlord’s 's prior written consent, Tenant may make no provided that Landlord's consent shall not be required for alterations costing less than $5,000 that are not affixed to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by do not affect building structure or building systems. If Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies gives its consent to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. Howeveralterations, Landlord may relinquish such right post notices in accordance with the laws of ownership 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, 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 installations by giving Premises. Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which may accompany a request for ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and 's consent to alterations with a request for Landlord's election whether such alterations are to be removed on termination of the Lease. If Tenant so requests, then Landlord shall notify Tenant at time of consent whether Landlord will require removal of the alterations. If Landlord elects under this Lease to require removal of alterations, then at its own cost Tenant shall immediately 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, shall secure all appropriate governmental approvals and repair the Office to that condition existing on the Commencement Datepermits, and shall complete such alterations with due diligence in compliance with plans and specifications approved by Landlord. Any and all property of Tenant remaining in the Office after the Termination Date All such construction shall be deemed abandoned 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 and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expense.
Appears in 1 contract
Sources: Master Lease (Tripath Imaging Inc)
Alterations. Absent Landlord’s written consent(a) Subject to the provisions of this subparagraph (a), Tenant may shall not make no alterations any alterations, additions or improvements to the Office. With Premises (including, but not limited to, roof and wall penetrations) without the prior written consent of Landlord’s written consent, which consent shall not be unreasonably withheld; provided, however, should Tenant submit preliminary plans for making an alteration to the Premises and such plans are in form sufficient for Landlord to review the alteration contemplated by Tenant, Landlord shall respond within ten business days of its receipt of such plans, or the plans and the alteration to be made by Tenant shall be deemed approved. If the plans submitted by Tenant are insufficient for Landlord to review the contemplated alteration, Landlord shall so notify Tenant and Tenant shall revise and resubmit the plans to Landlord but the ten day time period for Landlord to act as aforesaid shall not be deemed to commence until such time as Tenant shall have submitted a sufficient plan to Landlord, as reasonably determined by Landlord. All submissions of plans to Landlord under this paragraph 5 shall be sent in accordance with the provisions of paragraph 20 hereof. Landlord may require as a condition to Tenant making any alteration to the Premises that Tenant restore the Premises to its condition as of the Commencement Date prior to Tenant vacating the Premises. Tenant may, without the consent of Landlord, but at Tenant’s sole its own cost and expenseexpense and in a good workmanlike manner, erect such shelves, bins, machinery and trade fixtures and remove and replace interior non-structural walls, as it may make alterationsdeem advisable, installations and improvements (without altering the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities basic character or other operations or services structure of the Premises or improvements and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities without overloading or other agencies having jurisdiction of damaging the Premises or improvements, and the Alterations in each case complying with all applicable governmental laws, ordinances, regulations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every oneother requirements. Tenant shall carry and cause not make any alterations, additions or improvements to be carried the Premises which will contravene Landlord's policies insuring against loss or damage by each contractor and sub-contractorfire or other hazards, workmen’s compensation, including but not limited to commercial general liability, personal and property damage insuranceor which will prevent Landlord from securing such policies in companies acceptable to Landlord. If any such alterations, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence additions or improvements cause the rate of such fire or other insurance on the Premises by companies acceptable to Landlord prior to Tenant’s commencing be increased beyond the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed minimum rate from time to have been done or materials supplied for Tenant or time applicable to the OfficePremises for permitted uses thereof, Tenant shall pay or cause to be paid or file a bond in as additional rent the amount stated in the mechanic’s lien within thirty of any such increase promptly upon demand by Landlord.
(30b) days of said filing at Tenant’s sole cost Any and expense. Any installation of materialsall alterations, additions, improvements, partitions and fixtures and the like erected by Tenant shall become be the property of Landlord upon such installation and shall remain in at the Office Premises upon ▇▇▇▇▇▇’s surrender termination of samethe Lease or upon earlier vacating of the Premises. HoweverAll shelves, Landlord bins, machinery, trade fixtures and other specialized equipment installed and paid for by Tenant may relinquish such right of ownership to the installations be removed by giving Tenant thirty (30) days written notice prior to the Termination Date termination of this Lease provided such relinquishment of ownership, in which event, they shall become Tenant’s and must removal may be removed upon accomplished without damage to the Termination Date. Nothing herein is meant Premises or to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession primary structure or structural qualities of the Office, Building and other improvements situated on the Premises. Tenant shall remove all repair any damage to the Premises, or to the Building as a result of any alteration, addition, improvement, or repair to the Premises, or the removal of personal property and installations or trade fixtures by Tenant, its employees, agents, invitees, or contractors to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished the Premises. Should Tenant fail to conduct any such repair within ten days of written notice from Landlord, Landlord may, at its option, perform same, and Tenant shall remit payment to Landlord for the actual cost and expense incurred by Landlord in effecting such repair immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseupon demand.
Appears in 1 contract
Sources: Lease Agreement (Pharmaceutical Product Development Inc)
Alterations. Absent 12.1 Tenant must give Landlord prior notice before making any alterations to the Premises or Project, including any changes to the existing landscaping. Tenant may make non-structural alterations to the Premises that cost less than $15,000 without Landlord’s 's consent. All other alterations must receive Landlord's prior written consent, which will not be unreasonably withheld, conditioned, or delayed. At the end of each calendar year, Tenant may make no shall provide Landlord with construction drawings of all such alterations and changes made to the OfficePremises during that calendar year. With Landlord’s written consentFor any alterations made by Tenant pursuant to this Section 12, TenantLandlord may post notice of non-responsibility in accordance with the laws of the state in which the Premises are located. All alterations made shall remain on and be surrendered with the Premises upon expiration or termination of this Lease, except that Landlord may, not less than 60 days before the expiration of the Term of this Lease, elect to require Tenant to remove any alterations which Tenant has made to the Premises. If Landlord so elects, Tenant shall, at its own cost, restore the Premises to the condition designated by Landlord in its election before the last day of the Term of this Lease. Tenant shall promptly repair any damage to the Premises caused by the removal of such alterations.
12.2 Should Landlord consent in writing to Tenant’s sole cost 's alteration of the Premises, Tenant shall contract with a contractor signatory to the applicable collective bargaining agreement and expense, may make reasonably approved by Landlord for the construction of such alterations, installations shall secure all appropriate governmental approvals and improvements (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 interfere with the “Alterations”) to lease rights or quiet enjoyment of other tenants of the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of Project. Tenant shall discharge from the Premises and Project, within 20 days after having received notice thereof, all liens which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities may result from construction of alterations or other agencies having jurisdiction improvements by or at the request of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expense.
Appears in 1 contract
Alterations. Absent Except for cosmetic alteration projects that do not exceed $20,000.00 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 written consent), Tenant may shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and additions, decorations or improvements (the collectively referred to as “Alterations”) to the Office provided they are non- structural in nature, which Premises without the prior written consent of Landlord. Landlord’s consent shall not be unreasonably withheld as long as the proposed Alterations do not effect affect the Servicesstructural, utilities 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 contractors 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 operations or services of expenditure by Landlord, then Tenant shall promptly fund the Premises and which are done by contractors and sub-contractors approved by Landlord in every instancecost thereof to Landlord. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and permits for the Alterations and upon receiving sameshall perform the work in compliance with all applicable laws, Tenant regulations and ordinances with contractors reasonably acceptable to Landlord, and except for cosmetic Alterations not requiring a permit or cosmetic Alterations not requiring Landlord’s consent as provided above, Landlord shall deliver duplicate or certified copies be entitled to Landlord a supervision fee in the amount of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence 5% of such insurance to Landlord prior to Tenant’s commencing 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 a mechanic’s lien be filed against the Office and/or Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, for work done or claimed to have been done or 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 supplied for Tenant or of a quality reasonably approved by Landlord. Unless Landlord otherwise agrees in writing, all Alterations affixed to the OfficePremises, including without limitation all Tenant shall pay or cause Improvements constructed pursuant to be paid or file a bond the Work Letter (except as otherwise provided in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materialsWork Letter), but excluding moveable trade fixtures and the like furniture, shall become the property of Landlord. Such Alterations shall be surrendered with the Premises at the end of the Term, except that Landlord upon such installation and shall remain in may, by notice to Tenant given at the Office upon ▇▇▇▇▇▇’s surrender of same. Howevertime Landlord approves the applicable Alterations (including, Landlord may relinquish such right of ownership without limitation, the Tenant Improvements to be constructed pursuant to the installations Work Letter), require Tenant to remove by giving 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 thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become or by Landlord at Tenant’s and must be removed upon request (collectively, the Termination Date. Nothing herein is meant to give Landlord any ownership rights in “Required Removables”), and to Tenant’s trade fixtures, office furniture and equipment which can be easily movedreplace any non-Standard Improvements with the applicable Standard Improvements. Upon the Termination Date and surrender In connection with its removal of possession of the OfficeRequired Removables, Tenant shall remove all personal property repair any damage to the Premises arising from that removal and installations shall restore the affected area to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished its pre-existing condition, reasonable wear and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensetear excepted.
Appears in 1 contract
Sources: Lease Agreement (BioPharmX Corp)
Alterations. Absent 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 written building standard materials (which work shall require notice to Landlord but not Landlord’s consent), Tenant may shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and additions, decorations or improvements (the collectively referred to as “Alterations”) to the Office provided they are non- structural in naturePremises without the prior written consent of Landlord. Landlord may impose, which do not effect the Servicesas a condition to its consent, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by any requirements that Landlord in every instanceits discretion may deem reasonable. Before making Alterations, Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and permits for the Alterations and upon receiving sameshall perform the work in compliance with all applicable laws, Tenant regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall deliver duplicate or certified copies be entitled to Landlord a supervision fee in the amount of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence 5% of such insurance to Landlord prior to Tenant’s commencing 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 a mechanic’s lien be filed against the Office and/or Alterations proposed by Tenant and consented to by Landlord change the floor plan of the Premises, for work done or claimed to have been done or materials supplied for then Tenant or 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 OfficePremises, including without limitation all Tenant shall pay or cause Improvements constructed pursuant to be paid or file a bond the Work Letter (except as otherwise provided in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materialsWork Letter), but excluding moveable trade fixtures and the like furniture, shall become the property of Landlord upon such installation and shall remain be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time 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 any 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 Office upon ▇▇▇▇▇▇’s surrender approved Plan and Cost Estimate shall not constitute Required Removables. In connection with its removal of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the OfficeRequired Removables, Tenant shall remove all personal property repair any damage to the Premises arising from that removal and installations shall restore the affected area to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished its pre-existing condition, reasonable wear and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensetear excepted.
Appears in 1 contract
Sources: Lease (Tarsus Pharmaceuticals, Inc.)
Alterations. Absent Landlord’s written consent, Tenant may shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and additions, decorations, or improvements (the collectively referred to as “Alterations”) to the Office provided they are non- structural in naturePremises without the prior written consent of Landlord. Landlord may impose, which do not effect the Servicesas a condition to its consent, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by any requirements that Landlord in every instanceits discretion may deem reasonable or desirable. Before making Alterations, Tenant shall use Landlord’s designated mechanical and electrical contractors, obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and permits for the Alterations and upon receiving sameshall perform the work in compliance with all applicable laws, Tenant regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall deliver duplicate or certified copies be entitled to Landlord a supervision fee in the amount of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence 5% of such insurance to Landlord prior to Tenant’s commencing the cost of the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed Landlord may elect to have been done or materials supplied for Tenant or cause its architect to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon review ▇▇▇▇▇▇’s surrender architectural plans, and the reasonable cost of same. However, Landlord may relinquish such right of ownership to the installations that review shall be reimbursed by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇. Should the Alterations proposed by ▇▇▇▇▇▇ 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 ownership interest has been relinquished 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 Tenant furniture, shall immediately restore and repair become the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date Landlord and shall be deemed abandoned surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time 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 any Tenant Improvements constructed pursuant to the Work Letter) installed either by Tenant and or by Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenserequest (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
Sources: Lease (Capstone Dental Pubco, Inc.)
Alterations. Absent Tenant shall make all additions, improvements and alterations (hereinafter "Alterations") on the Leased Premises, and on and to the appurtenances and equipment thereof, required by any governmental authority or which may be made necessary by the act or neglect of any persons, firm or corporation, public or private. Except as provided in the immediately preceding sentence, Tenant shall not create any openings in the roof or exterior walls, or make any other Alterations to the Leased Premises without Landlord’s 's prior written consent, which consent Landlord may, in its discretion, withhold. As to any Alterations which Tenant may make no alterations is required hereunder to the Office. With perform or to which Landlord consents, such work shall be performed strictly in accordance with plans and specifications therefor first approved in writing by Landlord or, at Landlord’s written consent's option (exercised by notice in writing from Landlord to Tenant given within ten (10) days after Landlord receives Tenant's plans and specifications), Tenantsuch work shall be performed by employees of or contractors employed by Landlord, at Tenant’s sole cost and 's expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities . Upon completion of any Alterations by or other operations or services on behalf of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making AlterationsTenant, Tenant shall obtain provide Landlord with such documents as Landlord may require (including, without limitation, sworn contractors' statements and supporting lien waivers) evidencing payment in full for such work. In the event Tenant makes any Alterations not in compliance with the provisions of this Section 9.2, Tenant shall, upon written notice from Landlord immediately 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 option, and in addition to all permitsother rights or remedies of Landlord under this Lease, approvalsat law or in equity, certificates required by any and all municipal authorities or other agencies having jurisdiction of enter the Leased Premises and the Alterations and upon receiving same, perform said obligation of Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to reimburse Landlord prior to Tenant’s commencing for 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 cost to the OfficeLandlord thereof, Tenant immediately upon being billed therefor by Landlord. Such entry by Landlord shall pay not be deemed an eviction or cause to be paid disturbance of Tenant's use or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations Leased Premises nor render Landlord liable in any manner to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expense.
Appears in 1 contract
Sources: Industrial Space Lease (Nelnet Inc)
Alterations. Absent Landlord’s written consent, Tenant may shall not make no any alterations to the OfficeProject; with the exception that Tenant shall have the opportunity however not the obligation to repaint the exterior green and ▇▇▇▇ painting (stripes, doors, awnings, etc.) on the Project; Tenant permitted to paint stripes blue and/or white, and doors and awnings ▇▇▇▇ or white . With Tenant shall use the services of WB Painting together with the exact same coatings product(s) recently utilized by WB Painting for such work in order to maintain a consistent warranty of recent exterior painting completed on Building D-l. Tenant may solicit other proposals from other painting contractors for such work including the utilization of the exact same coatings product(s) recently utilized by WB Painting in order to confirm the competiveness of the pricing of WB Painting, and WB Painting shall match the average price from two other bidders if the average is lower than WB Painting’s pricing,. Landlord will assist in coordination of said stripe repainting. Any and all warranty of such contemplated painting shall be assigned to the Landlord. Tenant shall not make any alterations to the Premises without Landlord’s prior written consentconsent in 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 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, within 30 days before or 30 days after the expiration or termination of this Lease or the termination of Tenant’s right of possession, elect to require Tenant to remove any alterations which Tenant may have made to the Premises with the exception of painting. If Landlord so elects, at Tenant’s sole its own cost and expense, may make alterations, installations and improvements (Tenant shall restore the “Alterations”) Premises to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved condition designated by Landlord in every instance. Before making Alterationsits election, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction before the last day of the Premises and the Alterations and upon receiving sameterm or within 30 days after notice of its election is given, Tenant whichever is later. Any request for Landlord’s consent to alterations shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within made at least thirty (30) days of said filing at before any work is commenced and shall be accompanied by (i) detailed and costed plans and specifications for all alterations, and (ii) Tenant’s sole cost written agreement to provide, upon completion of work, a complete set of as-built plans and expensespecifications. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownershipwithhold consent, in which eventits sole discretion, they or may issue such consent subject to conditions. All alterations shall become be constructed only after obtaining Landlord’s prior written consent and only in conformity with all Laws. The issuance of Landlord’s consent shall not be a waiver of nor any opinion regarding Tenant’s and must be removed upon the Termination Dateobligation to comply with all laws. Nothing herein is meant to give Should Landlord any ownership rights consent in and writing to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession alteration of the OfficePremises, Tenant shall remove contract with a contractor approved by Landlord for the construction of such alterations, shall secure all personal property appropriate governmental approvals and installations to 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 ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and will not interfere with the quiet enjoyment of other tenants of the Project. Tenant shall immediately restore pay all costs for construction of alterations and repair shall keep this Lease, the Office Premises and the Project free and clear of all liens which may result from work by third parties authorized by Tenant. If any such lien is filed and not removed within ten (10) days of written notice thereof from Landlord to that condition existing on Tenant, the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date same shall be deemed abandoned by an event of default hereunder. It shall be a further event of default for Tenant and Landlord may either retain such abandoned property or may to fail to remove such abandoned property at Tenant’s expenselien within ten (10) days of the filing thereof.
Appears in 1 contract
Sources: Business Park Lease (Nlight, Inc.)
Alterations. Absent Tenant accepts the Premises in its "as is" condition. Tenant shall not make or allow to be made any alterations, installations, additions or improvements in or to the Premises, or place safes, vaults or other heavy furniture or equipment within the Premises, without Landlord’s 's prior written consentapproval of the plans and specifications therefor and Tenant's contractors who are to perform the work, Tenant may make no such consent by Landlord not to be unreasonably withheld, conditioned or delayed. Such consent by Landlord will not be unreasonably withheld for interior, nonstructural alterations to the OfficePremises that do not require modifications to the Building's systems. With Notwithstanding anything in this section to the contrary, Tenant will have the right to make alterations, installations, additions or improvements to the Premises that are cosmetic in nature and cost less than $1.00 per rentable square foot without the Landlord’s written 's consent, but upon prior notice to Landlord. All alterations, installations, additions or improvements, including all electrical or computer wiring and cable, other than movable furniture and movable trade fixtures, made by Tenant to the Premises shall remain upon and be surrendered with the Premises and become the property of Landlord at the expiration or termination of this Lease or the termination of Tenant's right to possession of the Premises; provided, however, that Landlord may require Tenant, at Tenant’s 's cost, by written notice delivered to Tenant at least ninety (90) days prior to Lease expiration, to remove any or all of such items made by Tenant subsequent to the Commencement Date and not previously approved in advance by Landlord upon the expiration or termination of this Lease or the termination of Tenant's right to possession of the Premises and Tenant shall not damage any part of the Premises (including preexisting wiring and cables) as a result of the removal of such items. Tenant, at its sole cost and prior to the expiration or termination of this Lease, shall remove all of Tenant's property from the Premises and make, or reimburse Landlord for the cost of making, all repairs to the Premises and/or Project for damage resulting from such removal. All work shall be completed promptly and in a good and workmanlike manner and shall be performed in such a manner that no mechanic's, materialman's or other similar liens shall attach to Tenant's leasehold estate, and in no event shall Tenant permit, or be authorized to permit, any such liens or other claims to be asserted against Landlord or Landlord's rights, estate and interests with respect to the Project, the Land or this Lease. Tenant shall deliver to Landlord a copy of the "as-built" plans and specifications for all alterations on a diskette in AutoCad or compatible format. Tenant shall indemnify, defend and hold harmless Landlord from and against all costs (including, without limitation, attorneys' fees, accountants' fees, consultants' fees, court costs and interest), losses, liabilities or causes of action arising out of or relating to any alterations, including, without limitation, any mechanics' or materialmen's liens asserted in connection therewith. Should any mechanics' or other liens be filed against any portion of the Building and/or the Land or any interest therein by reason of Tenant's acts or omissions or because of a claim against Tenant or its contractors or subcontractors, Tenant shall cause the same to be cancelled or discharged of record by bond or otherwise within ten (10) days after written notice to Tenant. If Tenant fails to cancel or discharge such lien or liens within such ten (10) day period, which failure shall be deemed to be a Default by Tenant, Landlord may, at its sole option and in addition to any other remedy of Landlord hereunder, cancel or discharge the same and, upon demand, Tenant shall promptly reimburse Landlord for all costs incurred in canceling or discharging such lien or liens. Landlord may require, at Tenant's sole cost and expense, may make alterations, installations a lien and improvements (the “Alterations”) completion bond in an amount equal to the Office provided they are non- structural in natureestimated cost of any improvements, which do not effect the Services, utilities additions or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, alterations Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies proposes to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights make in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensePremises.
Appears in 1 contract
Alterations. Absent Landlord’s written consentAny replacement, Tenant may make no alterations alteration, improvement or addition to or removal from the Premises, and any modifications to the OfficeLandlord-supplied furniture systems, are collectively referred to in this Lease as “Alterations.” Should Tenant desire to make any Alterations Tenant shall so notify Landlord in writing, and submit with its notice detailed plans and specifications, or detailed drawings for furniture system modifications, depicting them. With Landlord’s written consentLandlord shall have the right to approve all such Alterations, Tenant, which approval shall not be unreasonably withheld or delayed. Landlord shall engage contractors to perform all such Alterations at Tenant’s sole cost cost. Landlord will not charge Tenant any construction supervision fee for Alterations. Prior to commencing any Alterations, Landlord shall submit the contractor’s bid to Tenant for its prior approval. Landlord also shall submit any change orders to Tenant for its prior approval. Neither approval of the plans and expense, may make alterations, installations and improvements (specifications nor supervision of the “Alterations”) Alterations by Landlord shall constitute a representation or warranty by Landlord as to the Office provided they are non- structural accuracy, adequacy, sufficiency or propriety of such plans and specifications or the quality of workmanship or the compliance of such Alterations with applicable law. At the time Landlord approves the plans for any Alterations, Landlord shall inform Tenant in naturewriting as to which Alterations, which do not effect if any, Landlord will require to be removed at the Services, utilities or other operations or services end of the Premises Term, and which are done by contractors and sub-contractors approved by to the extent Landlord in every instance. Before making Alterationsdoes not so notify Tenant, Tenant shall obtain all permits, approvals, certificates required by not be obligated to remove any and all municipal authorities such Alterations. In no event shall Tenant be obligated to remove any normal office improvements or other agencies having jurisdiction of cabling installed in the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every onePremises. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence pay the entire cost of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien Alterations within thirty twenty (3020) days of said filing at receipt of Landlord’s billing. Each Alteration, whether temporary or permanent in character (excepting only Tenant’s sole cost equipment and expense. Any installation of materials, fixtures and the like trade fixtures) shall become the Landlord’s property of Landlord upon such installation and shall remain upon the Premises at the [***] Certain information in this document has been omitted and filed separately with the Office upon ▇▇▇▇▇▇’s surrender of sameSecurities and Exchange Commission. However, Landlord may relinquish such right of ownership Confidential treatment has been requested with respect to the installations by giving omitted portions. Blackhawk Lease Deer Valley Corporate Center Phoenix, AZ expiration or termination of this Lease (except those Landlord has informed Tenant thirty (30that Tenant must remove at the end of the Term, as provided above) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and without compensation to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining make no Alterations except in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseaccordance with this Section 7.
Appears in 1 contract
Sources: Office Space Lease (Blackhawk Network Holdings, Inc)
Alterations. Absent Landlord’s written consent, Tenant may shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and additions, decorations, or improvements (the collectively referred to as “Alterations”) to the Office provided they are non- structural in naturePremises without the prior written consent of Landlord. Landlord may impose, which do not effect the Servicesas a condition to its consent, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by any requirements that Landlord in every instanceits discretion may deem reasonable or desirable. Before making AlterationsTenant may use Landlord’s designated mechanical and electrical contractors (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 ▇▇▇▇▇▇. Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and permits for the Alterations and upon receiving sameshall perform the work in compliance with all applicable laws, Tenant regulations and ordinances with contractors reasonably acceptable to Landlord. Landlord shall deliver duplicate or certified copies be entitled to Landlord a supervision fee in the amount of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence 5% of such insurance to Landlord prior to Tenant’s commencing the cost of the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed Landlord may elect to have been done or materials supplied for Tenant or cause its architect to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon review ▇▇▇▇▇▇’s surrender architectural plans, and the reasonable cost of same. However, Landlord may relinquish such right of ownership to the installations that review shall be reimbursed by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇. Should the Alterations proposed by ▇▇▇▇▇▇ 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 ownership interest has been relinquished systems. Unless Landlord otherwise agrees in writing, all Alterations affixed to the Premises (excluding moveable trade fixtures and Tenant furniture) shall immediately restore and repair become the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date Landlord and shall be deemed abandoned surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord’s approval, require Tenant to remove by the Expiration Date or sooner termination date of this Lease, all or any Alterations installed either by Tenant and or by Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenserequest (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
Alterations. Absent Tenant shall make no structural or system changes or modifications in or to the Demised Premises of any nature without Landlord’s 's prior written consent. Subject to the provisions of this Section 15, Tenant may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and 's expense, may make alterations, installations installations, additions or improvements after the Lease Commence- ment Date which are nonstructural and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect affect utility services including, without limitation, the ServicesHVAC system and the plumbing and electrical lines serving the Demised Premises. Any repairs, utilities replacements, alterations, installation and/or additions required or other operations or services permitted to be performed by Tenant under any provision of the Premises this Lease shall not be commenced until plans and which are done specifications therefor have been submitted to and approved by contractors Landlord. Such work shall then be performed in accordance with such approved plans and sub-contractors specifications and shall be performed only by contractors, subcontractors and mechanics approved by Landlord and in every instancea first-class manner to Landlord's reasonable satisfaction and shall be done in a manner which will ensure labor harmony within the Building. Before If Landlord grants Landlord's consent to the making Alterationsof alterations or improvements by Tenant, such consent is solely for Landlord's benefit, and without any representation or warranty whatsoever to Tenant with respect to the adequacy or correctness of Tenant's plans and specifications. If Landlord requires any changes, Tenant shall cause the plans and specifications to be revised in accordance with Landlord's requirements and shall resubmit the same to Landlord for Landlord's review. All fixtures and paneling, partitions, railings and other improvements installed or affixed to the Demised Premises by or at the request of Tenant, shall 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 (20) days prior to the date fixed as the termination of this Lease, elects to have any items (other than Landlord's Work) removed by Tenant, in which event, the same shall be removed from the Demised Premises by Tenant forthwith, at Tenant's expense. Nothing contained in this Section 15 shall be construed to prevent Tenant's removal of Tenant's own business or trade fixtures, but upon removal of any such business or trade fixtures from the Demised Premises or upon removal of other installations as may be required by Landlord, Tenant shall immediately and at Tenant's expense, repair and restore the Demised Premises to the condition existing prior to installation, ordinary wear and tear excepted, 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 expiration of the Term remaining in the Demised Premises after Tenant's vacation of the Demised Premises shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed by Landlord at Tenant's expense. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall promptly deliver duplicates of all municipal authorities or other agencies having jurisdiction of the Premises such permits, approvals and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies certificates to Landlord of each and every one. Tenant shall agrees to carry ▇▇▇▇▇▇▇'▇ compensation (in full compliance with all applicable law) and cause to be carried by each contractor and sub-contractor, workmen’s compensation, such general liability, personal and property damage insurance, in such amounts insurance as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterationsmay reasonably require. Should a If any mechanic’s 's lien be is filed against the Office and/or Premises, Demised Premises or the Building for work done or claimed to have been done for (or materials supplied for furnished to) Tenant, then the same shall be discharged by Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty ten (3010) days of said filing thereafter, at Tenant’s sole cost and 's expense. Any installation , by filing the bond required by law, regardless of materials, fixtures and the like shall become the property of Landlord upon whether Tenant disputes any such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseclaim.
Appears in 1 contract
Alterations. Absent Except for alteration projects costing less than $25,000.00 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 or improvements 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 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, Tenant any requirements that Landlord in its reasonable discretion may make no alterations 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 Officemanner, time, and contractor for performance of the work. With Without limiting the generality of the foregoing, Tenant shall use Landlord’s written consent, Tenant, at Tenant’s sole cost designated mechanical and expense, may make alterations, installations and improvements (electrical contractors for all work affecting the “Alterations”) to mechanical or electrical systems of the Office provided they are non- structural in nature, which do not effect the Services, utilities Building. Should Tenant perform any work that would necessitate any ancillary Building modification or other operations or services of expenditure by Landlord, then Tenant shall promptly fund the Premises and which are done by contractors and sub-contractors approved by Landlord in every instancecost thereof to Landlord. Before making Alterations, Tenant shall obtain all permitsrequired permits for the work and shall perform the work in compliance with all applicable laws, approvalsregulations and ordinances, certificates required by any and all municipal authorities or other agencies having jurisdiction Landlord shall be entitled to a supervision fee in the amount of three percent (3%) of the Premises cost of the work, which fee shall not be imposed if the nature and scope of the Alterations Tenant work is exclusively cosmetic (i.e. carpet and upon receiving samepaint) in nature and not part of a larger Tenant improvement project, in which case the fee shall be applied. Under no circumstances shall Tenant shall deliver duplicate or certified copies to Landlord of each and every onemake any improvement which incorporates asbestos-containing construction materials into the Premises. Tenant shall carry use commercially reasonable efforts not to 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 be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to review Tenant’s commencing architectural plans, and the Alterationsreasonable cost of that review shall be reimbursed by Tenant. Should a mechanic’s lien be filed against the Office and/or work proposed by Tenant modify the internal configuration of the Premises, for work done 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, additions or claimed to have been done or materials supplied for Tenant or improvements affixed to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty Premises (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, excluding moveable trade fixtures and the like furniture) shall become the property of Landlord upon such installation and shall remain be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant given at the time of Landlord’s consent to the alteration or improvement, require Tenant to remove by the Expiration Date, or sooner termination date of this Lease, such alteration or improvement installed either by Tenant or by Landlord at Tenant’s request. Tenant shall repair any damage to the Premises arising from that removal and restore the affected area to its pre- existing condition, reasonable wear and tear excepted. Tenant shall not be required to remove any improvements existing in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession Premises as of the Officedate of this Lease or any of the paint or carpet improvements made as part of the improvements described in Exhibit X of this Lease; provided, however, Tenant shall be obligated to remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining supplemental HVAC unit in the Office after Premises. Except as otherwise provided in this Lease or in any Exhibit to this Lease, should Landlord make any alteration or improvement to the Termination Date Premises at the request of Tenant, Landlord shall be deemed abandoned by entitled to prompt payment from Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenantof the reasonable cost thereof, inclusive of the standard coordination fee of Landlord’s expensemanagement agent (but exclusive of any fees in any way pertaining to the management of any contractor affiliated with Landlord).
Appears in 1 contract
Alterations. Absent Landlord’s written consent, Tenant may make no LESSEE'S ALTERATIONS 11. Lessee hereby agrees that prior to the commencement of alterations to premises by a contractor other than Lessor's, Lessor shall approve in writing said alterations to be made and said contractor hired to perform said alterations. Any alterations so made shall be of a quality equal to or exceeding building standard. Lessor hereby reserves the Officeright to require said contractor to provide lien waivers and liability insurance covering said alterations to be performed and such other instruments as may be necessary to protect Lessor in such instances. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services Upon termination of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making AlterationsLease, Tenant shall obtain all permitserections, approvalsadditions, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materialsalterations, fixtures and improvements, whether temporary or permanent in character (excepting Lessee's moveable trade fixtures and office furniture removed in compliance with Paragraph 20 of the like Lease) made in or upon the leased premises, either by the Lessee or the Lessor, shall become be the Lessor's property of Landlord upon such installation and shall remain upon said premises without any compensation to Lessee. PROVIDED BY LESSOR SERVICES OF LESSOR 12. The Lessor hereby covenants that it will, without charge, at the proper season, during reasonable hours (8:00 A.M. to 6:00 P.M., Mondays through Fridays and Saturdays from 8:00 A.M. to 1:00 P.M.) furnish electric current, air conditioning and heat in its judgment sufficient to reasonably cool or heat the premises, cessation caused by strike, accident or reasonable necessity excepted. Lessor will also cause the leased premises (except where the same consist of retail space) to be cleaned and generally cared for by its janitor in accordance with the standards of the building, cessation caused by strike, accident or reasonable necessity excepted. Lessor will also pay the water rate for water reasonably used on the leased premises. It will also furnish electric current to the leased premises for lighting and business machine purposes only, such as electric typewriters, adding and small calculating machines. Electric current and installation for electronic data processing type equipment shall be at the cost of the Lessee. In no event shall the Lessor be liable for damages from the stopping of service or for any of the fixtures or equipment in said building being out of repair, or for injury to persons or property caused by any defects in the Office upon ▇▇▇▇▇▇’s surrender heating, electric, air conditioning equipment or water apparatus, or for any damages arising out of samethe failure to furnish said heating or air conditioning, water, janitor service or electric current. HoweverLessor shall provide a reasonable amount of parking area, Landlord may relinquish such without charge, for Lessee's employees and visitors in areas, as are designated by Lessor from time to time, in the vicinity of the building in which the leased premises are situated. In the event the Lessee utilizes the services provided by Lessor as specified in this Paragraph in amounts or for periods in excess of that provided herein, or in the event the Lessee utilizes electric current or other utilities in excess of the amount which would be typically utilized by a normal business office use of the leased premises, then the Lessor shall have the right of ownership to charge Lessee as additional rent a reasonable sum as reimbursement for the installations by giving Tenant thirty (30) days written notice prior to the Termination Date direct cost of such relinquishment additional use or services. In the event of ownership, in which event, they shall become Tenant’s and must be removed upon a disagreement at the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession reasonableness of the Officeamount of such additional rent, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property opinion of Tenant remaining in the Office after the Termination Date a qualified local independent professional engineer selected by Lessor shall be deemed abandoned by Tenant binding upon Lessor and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseLessee.
Appears in 1 contract
Alterations. Absent 9.1 Tenant shall not make any alterations, additions or improvements in or to the Premises or any part thereof, or attach any fixtures or equipment thereto, without Landlord’s 's prior written consent. Landlord's approval shall not be unreasonably withheld or delayed but may be subject to such conditions as Landlord may reasonably require. Tenant shall not be required to restore any alterations, additions or improvements made by Tenant during the Term, unless such restoration is required by Landlord at the time of such alteration, addition or improvement. In addition, Tenant may make no alterations such alterations, additions or improvements without Landlord's consent, but with notice to Landlord, if the total per-project cost of such alterations, additions or improvements is $50,000.00 or less, and such alterations, additions or improvements will not affect the structural elements of the Premises, detract from the fair rental or market value of the Premises. Tenant will comply with all applicable codes, laws, ordinances, rules or regulations in connection with any alterations, additions or improvements. All alterations, additions or improvements in or to the Office. With Landlord’s written consent, Tenant, Premises shall be made by Tenant at Tenant’s 's sole cost and expense, may make alterations, installations shall be made expeditiously once work is begun and improvements (the “Alterations”) to the Office provided they are non- structural shall be completed in nature, which do not effect the Services, utilities or other operations or services a good and workmanlike manner using first class materials. No part of the Premises and which are done by contractors and sub-contractors approved by shall be demolished unless Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every onehas received an acceptable surety bond assuring reconstruction. Tenant shall carry and cause to be carried by each contractor and sub-contractorshall, workmen’s compensationat its expense, general liability, personal and property damage insurance, in such amounts as Landlord requires, provide builder's risk insurance naming Landlord as an insured and during the period of any construction work.
9.2 All alterations, additions or improvements requiring Landlord's consent shall be made as follows:
(a) Tenant shall deliver evidence submit to Landlord, for Landlord's written approval, complete plans and specifications for all work to be done by Tenant. Such plans and specifications shall be prepared by licensed architect(s) and engineer(s) approved by Landlord, such approval not to be unreasonably withheld or delayed, shall comply with all applicable codes, ordinances, rules and regulations, shall be in a form sufficient to secure the approval of such insurance all government authorities with jurisdiction over the Premises, and shall be otherwise satisfactory to Landlord prior in Landlord's reasonable discretion. Landlord's failure to Tenant’s commencing the Alterations. Should respond to a mechanic’s lien be filed against the Office and/or Premises, request for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien plan approval within thirty (30) days shall be deemed approval of said filing at such plans.
(b) Tenant shall, through Tenant’s sole cost 's licensed contractor, perform the work substantially in accordance with the plans and expensespecifications approved in writing by Landlord. All material changes in the plans and specifications approved by Landlord shall be subject to Landlord's prior written approva1. Any installation such change shall be based upon revised plans and specifications prepared by the licensed architect(s) and engineer(s) approved by Landlord, such approval not to be unreasonably withheld or delayed.
(c) Tenant shall pay the entire cost of materialsall work (including the cost of all utilities, permits, fees, taxes, and property and liability insurance premiums in connection therewith) required to make the alterations, additions or improvements. Under no circumstances shall Landlord be liable to Tenant for any damage, loss, cost or expense incurred by Tenant on account of any plans and specifications, contractors or subcontractors, design of any work, construction of any work, or delay in completion of any work.
9.3 All improvements, alterations, additions and fixtures and (other than trade fixtures), whether temporary or permanent in character, made in or to the like Premises by Tenant, shall become remain the property of Landlord upon such installation and shall remain in Tenant until the Office upon ▇▇▇▇▇▇’s surrender expiration or earlier termination of same. Howeverthis Lease, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, whereupon they shall become Tenant’s part of the Premises and must be removed upon the Termination DateLandlord's property. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s All movable furniture, equipment, trade fixtures, computers, office furniture machines and equipment which can be easily movedother personal property of Tenant shall remain the property of Tenant. Upon the Termination Date and surrender expiration or earlier termination of possession of the Officethis Lease, Tenant shall shall, at Tenant's expense, remove all such movable furniture, equipment, trade fixtures, computers, office machines and other personal property from the Premises and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and repair all damage caused by such removal; provided, however, that Tenant shall immediately restore and repair not be obligated to make any repairs to wall or floor coverings or otherwise make repairs if Landlord intends to otherwise demolish or renovate the Office to Premises so that condition existing on for all practical purposes, the Commencement Daterepairs would be in vain. Any and all property This Section 9.3 shall survive the expiration or earlier termination of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensethis Lease.
Appears in 1 contract
Sources: Lease (Analog Devices Inc)
Alterations. Absent Tenant shall make no changes in or to the Demised Premises of any nature without Landlord’s 's prior written consentconsent provided, however, that Tenant may make no alterations purely decorative changes such as painting and installation of partitions and carpeting without Landlord's consent, but upon notice to Landlord. Subject to the Office. With prior written consent of Landlord’s written consent, Tenantnot to be unreasonably withheld or delayed and to the provisions of this Article, Tenant at Tenant’s sole cost and 's expense, may make non-structural alterations, installations and installations, additions or improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect materially affect utility services or plumbing and electrical lines, in or to the Services, utilities or other operations or services interior of the Demised Premises using licensed and which are done reputable contractors or mechanics first reasonably approved by Landlord. All labor employed by Tenant shall be harmonious and compatible with the labor employed by Landlord and other tenants in the Building, it being agreed that if such labor shall be incompatible, Tenant shall forthwith on Landlord's demand withdraw such labor from the Demised Premises Notwithstanding the foregoing. Tenant must use Landlord's base building contractor for any electrical work in and to or from any base building electrical service rooms. Tenant shall, at its expense, before making any alterations, additions, installations or improvements obtain all permits, approval and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord. Tenant agrees to carry and will cause Tenant's contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s such workman's compensation, general liabilitylia▇▇▇▇▇▇, personal ▇ersons and property damage insurance, in such amounts insurance as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a may reasonably require if any mechanic’s 's lien be is filed against the Office and/or Premises, Demised Premises or the Building for work done or claimed to have been done for, or materials supplied for furnished to, Tenant, whether or not done pursuant to this Article, the same shall be discharged by Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing after Tenant receives written notice thereof at Tenant’s sole cost and 's expense, by filing the bond required by law or otherwise. Any installation of materials, All fixtures and all paneling, partitions, railings and like installations, installed in the like shall Demised Premises at any time, either by Tenant or by Landlord on Tenant's behalf, shall, upon installation, become the property of Landlord upon such installation and shall remain in upon and be surrendered with the Office upon ▇▇▇▇▇▇’s surrender of same. HoweverDemised Premises unless Landlord, Landlord may relinquish such right of ownership by notice to the installations by giving Tenant no later than thirty (30) days written notice prior to the Termination Date date fixed as the termination of such relinquishment of ownershipthis lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event, they event the same shall become Tenant’s and must be removed upon from the Termination DateDemised Premises by Tenant prior to the expiration of the lease, at Tenant's expense. Landlord hereby requires Tenant to remove the Generator and all switching equipment and wiring and other equipment appurtenant thereto, as defined below. Nothing herein is meant in this Article shall be construed to give Landlord any ownership rights in and title to or to prevent Tenant’s 's removal of trade fixtures, . moveable office furniture and equipment, but upon removal of any such furniture, fixtures and equipment which can from the Demised Premises or upon removal of other installations as may be easily moved. Upon the Termination Date and surrender of possession of the Officepermitted hereunder, Tenant shall remove all personal property immediately and installations at its expense, repair and restore the Demised Premises to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore the condition existing prior to installation and repair any damage to the Office Demised Premises or the Building due to that condition existing on such removal. All property permitted to be removed by Tenant at the Commencement Date. Any and all property end of Tenant the term remaining in the Office Demised Premises after the Termination Date Tenant's removal shall be deemed abandoned by Tenant and Landlord may may, at the election of Landlord, either retain such abandoned be retained as Landlord's property or may remove such abandoned property removed from the Demised Premises by Landlord, at Tenant’s 's expense.
Appears in 1 contract
Sources: Office Lease (Fusion Telecommunications International Inc)
Alterations. Absent Tenant shall not make any alterations to the Premises, or to the Project. including any change to the existing landscaping, without Landlord’s 's prior written consent. If Landlord gives its consent to such alterations, Landlord may post notices in accordance with the laws of the state in which the premises are located. Any alterations made shall remain on and be surrendered with the Premises upon expiration 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. If Landlord so elects, 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. At the time Tenant submits plans for alterations to Landlord for Landlord's approval, Tenant may request that Landlord elect whether such alterations shall be removed at the termination of this Lease, and Landlord shall make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services such election simultaneous with its approval of the Premises and which are done by contractors and sub-contractors alterations. Should Landlord consent in writing to Tenant's alteration of the Premises, Tenant shall contract with a contractor reasonably approved by Landlord in every instance. Before making Alterationsfor the construction of such alterations, Tenant shall obtain secure all appropriate governmental approvals and permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain complete such alterations with due diligence in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s compliance with plans and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensespecifications reasonably approved by
Appears in 1 contract
Alterations. Absent Landlord’s written consent(a) Tenant will not make or permit alterations, Tenant may make no alterations improvements or additions (including fixtures) in or to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements Premises (the collectively “Alterations”) to without Landlord’s prior, written consent, which shall not be unreasonably withheld, conditioned, or delayed. Notwithstanding the Office provided they are non- structural in natureforegoing, (i) minor alterations such as repainting and carpeting, or alterations with an aggregate cost of less than $25,000 per project, and (ii) which do not effect affect structural components or building systems, shall not require Landlord’s consent hereunder, but all work in connection therewith shall be conducted and completed in a workmanlike manner and in such a manner as to not materially interfere with the Servicesuse of the Common Areas or any other portion of the Project by Landlord or its other tenants. Tenant’s request for such consent shall be in writing, utilities accompanied by proposed detailed plans and specifications. Tenant may engage its own contractors to perform remodel work upon written approval by Landlord, which shall not be unreasonably withheld, conditioned, or delayed. Landlord may charge Tenant for Landlord’s reasonable out-of-pocket costs in reviewing and supervising such planning and, if Landlord is managing the construction work, a construction management fee not to exceed three percent (3%) of Tenant’s planning and construction costs. Any and all plans must be submitted to Landlord for approval and building permits must be obtained prior to commencement of any construction remodeling. All Alterations constructed by Tenant shall remain the property of Tenant during the Lease Term. Subject to Paragraph 23, at the expiration or sooner termination of the Lease Term, all Alterations shall be surrendered to Landlord as a part of the realty and shall then become Landlord’s property. Tenant will promptly notify Landlord of the reasonably estimated value thereof for insurance and tax purposes, provided that Tenant shall not have any liability to Landlord for such estimate.
(b) Tenant shall give Landlord written notice not less than five (5) days notice prior to the commencement of any work in the Premises by or on behalf of Tenant, and Landlord shall have the right to post notices of non-responsibility in or on the Premises or the Building as provided by law. All Alterations, repairs and replacements by Tenant shall be made, constructed and installed in accordance with all applicable laws, rules and ordinances (and Tenant shall perform all work necessary to comply fully with all laws, ordinances and regulations necessitated by the Alterations, whether structural or non-structural, within or without the Premises) and the requirements of any insurance carrier, and shall be of a quality and class at least equal to the original work, performed in a good and workmanlike manner with grades of materials approved by Landlord (if applicable). Tenant shall ensure that all work is performed in a manner that does not obstruct access to or through the common areas and that does not interfere either with other operations tenants’ use of their premises or services of with any other work being undertaken in the Building. All work which may involve noise, odors or vibrations which may be perceptible outside the Premises and which are done disturbs other tenants of the Project shall be performed at times other than normal business hours. Tenant shall take all measures necessary to ensure that labor peace is maintained at all times. Before construction begins, Tenant shall deliver to Landlord reasonable evidence that damage to, or destruction of, the Alterations and Premises during construction will be covered either by contractors and subthe policies that Tenant is required to carry under Paragraph 14 or by a policy of builder’s all-contractors risk insurance in an amount approved by Landlord. If Landlord in every instance. Before making requires Tenant to provide builder’s all-risk insurance for the proposed Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction provide to Landlord a copy of the Premises and the Alterations and upon receiving samepolicy, Tenant shall deliver duplicate any endorsements or certified copies to Landlord an original certificate of each and every oneinsurance that complies with Paragraph 14. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal subcontractor to maintain all workers’ compensation insurance required by law and liability insurance (including property damage insurance, damage) in such amounts as reasonably required by Landlord. Tenant will give Landlord requires, naming Landlord as insured and opportunity to supervise all work. Tenant shall deliver evidence provide Landlord with permit drawings, as-built CAD drawings (if the Alterations require a building permit or Tenant is preparing same for its own account), job cards and temporary certificates of occupancy for all Alterations promptly upon their completion. Should Tenant make any Alterations without Landlord’s prior written approval, or in violation of such insurance to Landlord prior to Tenant’s commencing approval or the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days requirements of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which this ▇▇▇▇▇▇▇▇▇ ▇▇.▇, ▇▇▇▇▇▇▇▇ may, at any time during the Lease Term, either remove any part or all of the same on Tenant’s ownership interest has been relinquished behalf and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expense, or require that Tenant do so.
(c) If during the Lease Term, any alteration, addition or change of any sort, whether structural or otherwise to all or any portion of the Premises or Building is required by law (including, but not limited to, alterations required by the Americans with Disabilities Act of 1990 or any amendments thereto or any regulations prorogated thereunder (collectively the
Appears in 1 contract
Sources: Lease Agreement (Calix Networks Inc)
Alterations. Absent Section 10.01. Tenant may not, at any time during the Term, without Landlord’s 's prior written consent (except as otherwise expressly provided below), make any alterations to the Premises. Landlord shall not unreasonably withhold its consent to any proposed alteration, provided, however, that Landlord may withhold, condition or delay its consent in its sole and absolute discretion to any proposed alteration which in Landlord's reasonable judgment may adversely (except to a de minimis extent) affect the structure or safety of the Building or adversely (except to a de minimis extent) affect the electrical, HVAC, plumbing, mechanical or fire and life safety systems or the functioning thereof. Landlord's consent shall not be required for interior non-structural alterations not materially affecting Building systems and costing less than $250,000 in the aggregate per project; provided, however, Tenant must provide Landlord with at least ten (10) days prior written notice of any such alterations. Landlord shall respond to requests for consent within ten (10) Business Days after receipt of final (reasonably detailed) plans and specifications with respect to the alterations in question. If Tenant desires to make any alterations in or to the Premises, Tenant shall, prior to beginning any such work, deliver to Landlord all plans or drawings and specifications therefor (provided, however, with respect to alterations not requiring Landlord's consent, then only to the extent same have been prepared). Upon Tenant's receipt of Landlord's written approval and upon Tenant's paying to Landlord the actual reasonable charge incurred by Landlord, if any, for the review of such plans and specifications by third party consultants, Tenant may make no alterations proceed to the Officeconstruction of the alterations provided that the alterations are in strict compliance with the plans and specifications submitted to Landlord and with the provisions of this Article 10. With Any change to the approved plans and specifications shall require Landlord’s 's prior written consentconsent which shall not be unreasonably withheld, conditioned or delayed. Tenant agrees to indemnify and hold Landlord harmless against and from any and all claims, damages, costs and fines arising out of or connected with such alterations (except to the extent attributable to Landlord's acts (which does not include approving such alteration and reviewing plans in connection therewith) or to any requirements of Landlord) and Tenant shall procure at its own expense such governmental approvals and permits as may be required for such alterations, and Tenant shall provide Landlord with copies of all such approvals and permits prior to commencing work. All alterations shall be made at Tenant's expense, by contractors which have been approved by Landlord (to the extent Landlord's approval is required as set forth above, for the alteration in question), which approval shall not be unreasonably withheld, conditioned or delayed, and Tenant shall pay all bills from contractors and subcontractors promptly when due. All such construction, alterations, and maintenance work done by, or for, Tenant shall (i) be performed in such a manner as to maintain harmonious labor relations in the Building and the Project and to minimize interference with work performed by Landlord in the Building, (ii) comply with all building, safety, fire, plumbing, electrical, and other codes and governmental and customary insurance requirements, (iii) be completed promptly and in a good and workmanlike manner, and (iv) be performed in compliance with Article 11 hereof. Landlord may as a condition to approving any alteration, require Tenant to remove same at the expiration of the Term, except with respect to customary interior, non-structural alterations. Provided no Event of Default is then occurring, Tenant may remove the following items of improvements, equipment and/or property of Tenant or Collocates (unless installed by Landlord, at Landlord's expense) from the Building, at Tenant’s 's sole cost expense all HVAC units on the Premises, including, without limitation, fan units located outside the Building; generators and expenseassociated paralleling synchronous switching equipment; FM 200 and gas canisters; power distribution modules; batteries for uninterrupted power system (UPS batteries), may make alterationsUPS modules; overhead cable management system; all personalty, installations including without limitation all equipment mounting racks and cabinets, partition wall (cages), furnishings and any other items constituting leasehold improvements (which Landlord and Tenant agree shall be removable, subject to compliance with the “Alterations”) other provisions of this Lease, including, without limitation, repairing any damage to the Office provided they are non- structural in nature, which do not effect the Services, utilities Building caused by or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in arising from such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseremoval.
Appears in 1 contract
Sources: Lease Agreement (Infocrossing Inc)
Alterations. Absent Landlord’s written consent, Tenant may The Tenant(s) shall not make no any alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities remodel or other operations or services decorate any portion of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Rented Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay erect or cause to be paid erected, any structure in, about, or file upon the Rented Premises, including but not limited to, installation of any walls, electrical outlets flooring or changes in or about the Rented Premises without the prior written consent of the Landlord. The Tenant(s) shall not at any time paint the Rented Premises in any dark colour such as black, brown, dark blue, purple, etc. Upon termination of the tenancy, Tenant(s) will remove any alterations and decorating and restore the Rented Premises to the same condition and colours as it was on the date of commencement of this Tenancy Agreement, reasonable wear and tear excepted. Tenant(s) shall not alter the locking system on a bond in door giving entry to the amount stated in Rented Premises or cause or allow the mechanic’s lien within thirty (30) days of said filing at locking system to be altered during the Tenant’s sole cost occupancy without the prior written consent of the Landlord. SMOKE DETECTORS & CO2 DETECTORS: The Tenant(s) acknowledges receipt of smoke alarm(s) and expense. Any installation CO2 detectors (collectively termed “Detectors”) and maintenance information and agrees to immediately notify the Landlord in writing of materials, fixtures any damage to or malfunction of any Detectors supplied by the Landlord and the like shall become Landlord agrees to service same, provided the property of Landlord upon such installation and shall remain in the Office upon ▇▇▇▇▇▇’s surrender of same. However, Landlord may relinquish such right of ownership malfunction is not due to the installations by giving Tenant thirty (30) days written notice prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and removal of or failure to replace the battery, or tampering or adjustments made or removal of Detectors by the Tenant(s) or his guests. All Detectors must always be removed upon operational. Tenant(s) shall reimburse the Termination Date. Nothing herein is meant to give Landlord for any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession expenses incurred for replacement or servicing of the Office, Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expenseequipment.
Appears in 1 contract
Sources: Tenancy Lease Agreement
Alterations. Absent Landlord’s written consentAll alterations, Tenant may make no alterations to the Office. With Landlord’s written consentadditions and improvements, except trade fixtures, installed at expense of Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not effect the Services, utilities or other operations or services of the Premises and which are done by contractors and sub-contractors approved by Landlord in every instance. Before making Alterations, Tenant shall obtain all permits, approvals, certificates required by any and all municipal authorities or other agencies having jurisdiction of the Premises and the Alterations and upon receiving same, Tenant shall deliver duplicate or certified copies to Landlord of each and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in such amounts as Landlord requires, naming Landlord as insured and Tenant shall deliver evidence of such insurance to Landlord prior to Tenant’s commencing the Alterations. Should a mechanic’s lien be filed against the Office and/or Premises, for work done or claimed to have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant’s sole cost and expense. Any installation of materials, fixtures and the like shall become the property of Landlord upon such installation and shall remain in upon and be surrendered with the Office upon ▇▇▇▇▇▇’s surrender leased premises as a part of samethereof on this lease. HoweverSuch alterations, Landlord additions and improvements may relinquish such right only be made with prior written consent of ownership Landlord, which consent shall not be unreasonably withheld. If consent is granted for the making of improvements or alterations to the installations leased premises, such improvements and alterations shall not commence until Tenant has furnished to Landlord a certificate of insurance showing coverage in an amount satisfactory to Landlord protecting Landlord from liability for injury to any person and damage to any personal property, on or off the leased premises, in connection with the making of such improvements or alterations. No cooling tower, equipment, or structure of any kind shall be placed on the roof or elsewhere on the leased premises by giving Tenant thirty (30) days without prior written notice permission of Landlord. If such permission is granted, such work or installation shall be done at Tenant's expense and in such a manner that the roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily, so that repairs to the roof can be made, Tenant shall 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 condition, natural deterioration only excepted. Any damage caused by the installation or removal of trade fixtures shall be repaired at Tenant's expense prior to the Termination Date of such relinquishment of ownership, in which event, they shall become Tenant’s and must be removed upon the Termination Date. Nothing herein is meant to give Landlord any ownership rights in and to Tenant’s trade fixtures, office furniture and equipment which can be easily moved. Upon the Termination Date and surrender of possession expiration of the Officelease term. All alterations, improvements, additions, and repairs made by Tenant shall remove all personal property and installations to which ▇▇▇▇▇▇▇▇’s ownership interest has been relinquished and Tenant shall immediately restore and repair the Office to that condition existing on the Commencement Date. Any and all property of Tenant remaining be made in the Office after the Termination Date shall be deemed abandoned by Tenant and Landlord may either retain such abandoned property or may remove such abandoned property at Tenant’s expensegood workmanlike manner.
Appears in 1 contract