Common use of Alterations Clause in Contracts

Alterations. Tenant shall not make any Alterations without the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this Lease.

Appears in 1 contract

Samples: Office Lease Agreement

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Alterations. Tenant shall not make any Alterations without the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make no changes in or to the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without leased ----------- premises of any nature without Landlord's prior written consent, Tenant which consent shall not use any portion of unreasonably be withheld or delayed. Notwithstanding the Common Access Area in connection with the making of any Alterations. If the Alterations which foregoing sentence, Tenant causes to be constructed result in Landlord being required to may make any alterations or improvements to the leased premises which do not exceed the sum of $5,000.00 in cost (materials and labor), so long as such alterations and improvements are interior and non-structural, and are commensurate and compatible with the architecture, design, style and of the same quality of material and construction, as the other portions of the Building leased premises and the Building. Tenant shall provide Landlord, upon its request, final and complete drawings and specifications as may be necessary to obtain required building permits for all work to be done in connection with any build- out of the leased premises and any alterations made by the Tenant. Landlord shall approve or CR Project Parceldisapprove Tenant's plans within a reasonable time thereafter. In the event Landlord disapproves Tenant's plans, Landlord shall set forth the reasons therefor. Any revised plans shall correct any deficiencies and conform to any objections set forth by Landlord. It is specifically agreed herein that, in order the event that any utility services, facilities, equipment, electrical lines or duct-work need to comply with be altered in any Applicable Lawsrespect in the course of Tenant's build- out of the leased premises, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred of the same shall be paid by Tenant. Upon receipt of Landlord's written consent, Tenant, at Tenant's expense, may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the leased premises by using contractors and mechanics first approved by Landlord. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord. Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such xxxxxxx'x compensation, general liability, personal and property damage insurance as Landlord may require. If any mechanic's lien is filed against the leased premises or the Building for work claimed to have been done for, or materials furnished to, Tenant, the same shall be discharged by Tenant within thirty (30) days thereafter, at Tenant's expense, or by the filing of a bond required by law. Unless otherwise agreed by Landlord in making such alterations writing prior to installation, all fixtures, paneling, partitions and like installations, installed in the leased premises at any time, either by Tenant or improvements. All Alterations by Landlord in Tenant's behalf, shall, upon installation become the property of Landlord and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become leased premises unless Landlord, by notice to Tenant no later than sixty (60) days prior to the property of Landlord at date fixed as the termination of this Lease, unless Landlord requests their removalelects to relinquish Landlord's right thereto and to have them removed by Tenant, in which event Tenant shall remove the same and restore shall be removed from the Leased Premises premises by Tenant prior to their original condition the expiration of the Lease, at Tenant's expense. Any linoleumAll property permitted or required to be removed by Tenant at the end of the term remaining in the leased premises after Tenant's removal, carpeting shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or other floor covering which may be cemented or otherwise affixed to removed from the floor of the Leased Premises is a permanent fixture and shall become the property of premises by Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this Leaseexpense.

Appears in 1 contract

Samples: Indenture of Lease (Curagen Corp)

Alterations. The Tenant shall will take into consideration any impact on the Environmental Performance of the Premises from any proposed works to or at the Premises. Underletting Defined terms This Schedule 7 uses the following definitions: “Approved Underlease” an underlease approved by the Landlord and, subject to any variations agreed by the Landlord in its absolute discretion: granted without any premium being received by the Tenant; reserving a market rent, taking into account the terms of the underletting; [for a term of not make less than [NUMBER] years calculated from the date on which the underlease is completed;] lawfully excluded from the security of tenure provisions of the 1954 Act [if it creates an underletting of a Permitted Part]; containing provisions: requiring the Undertenant to pay as additional rent the whole or, in the case of an Underlease of a Permitted Part, a due proportion, of the Insurance Rent and other sums, excluding the Main Rent, payable by the Tenant under this Lease; for rent review at [five yearly] intervals and otherwise on the same terms as in Schedule 2; and92 for change of use and alterations corresponding to those in this Lease; in the case of an Underlease of a Permitted Part, containing provisions requiring the Undertenant to pay by way of a yearly service charge as additional rent a fair and reasonable proportion of the costs incurred by the Tenant in providing all services to the Premises that would be usual on an underletting of part, including the payment of quarterly advance payments and a balancing payment at the end of each service charge year; containing a covenant by the Undertenant not to assign the whole of the Underlet Premises without the prior written consent93 of the Landlord and the Tenant on terms corresponding to those in this Lease and a covenant not to assign part only of the Underlet Premises; [containing a covenant by the Undertenant not to create any Alterations Sub-Underlease of the whole or any part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole of the Underlet Premises without the prior written consent of the Landlord and the Tenant and a covenant by the Undertenant not to create any Sub-Underlease of any part of the Underlet Premises] OR [containing a covenant by the Undertenant not to create any Sub-Underlease of the whole or any part of the Underlet Premises without the prior written consent of the Landlord and the Tenant];94 [containing provisions requiring any Sub-Underlease to contain: a valid agreement to exclude the security of tenure provisions of the 1954 Act; obligations by the Sub-Undertenant not to assign the whole of the Sub-Underlet Premises without the prior written consent of the Landlord, the Tenant and the Undertenant and not to assign part of the Sub-Underlet Premises; an absolute prohibition on the creation of further underleases of whole or part [except for where the installation Sub-Underlease is of unattachedthe whole of the Premises when the Sub-Underlease may contain provisions permitting the creation of one further underlease of whole with the prior consent of the Landlord, movable trade fixtures which may the Tenant and the Undertenant but with the additional provision that no underleases of whole or part will be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations created out of that further underlease];] if the desired Alterations: (i) will affect Underlease is excluded from the structure security of tenure provisions of the Building or 1954 Act, containing any other provisions that are reasonable in the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement context of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law terms of this Lease and a copy the nature of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after proposed Underlease; and if the rendition Underlease is not excluded from the security of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction tenure provisions of the Alterations. If Landlord consents to the making of any Alteration1954 Act, Tenant shall make the Alteration at its expense using a contractor approved containing other provisions corresponding with those in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this Lease.;

Appears in 1 contract

Samples: modelcommerciallease.co.uk

Alterations. Tenant A. Landlord agrees to install the improvements described in Exhibit C. All other improvements to the Premises, including all cabling within the walls in the Premises or within Building common areas ("Alterations") shall not make any Alterations without the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drillingat the cost and expense of Tenant, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete but only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and only by Landlord or by contractors and subcontractors on Landlord's list of approved contractors. All cabling required by Tenant within the walls in the Premises or within Building common areas shall be installed by Landlord's approved contractors. In connection with any request for an approval of Alterations, Landlord may retain the services of an architect and/or engineer for the purpose of reviewing the plans and specifications submitted by Tenant and Tenant shall reimburse Landlord for the actual and reasonable fees of such architect and/or engineer. Tenant will also pay Landlord an amount equal to five percent (5%) of all the costs of such Alterations to reimburse Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans inspection and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement supervision of the Alterations, which amount Landlord shall waive if Tenant utilizes Urban Innovations Ltd. as its general contractor for the Alterations. All Alterations shall be constructed in accordance with all governmental laws, ordinances, rules and regulations ("Laws") and Landlord's rules for contractors, including insurance requirements for contractors, and Tenant shall, prior to construction, provide such assurances to Landlord, including but not limited to, waivers of lien and surety company performance bonds, as Landlord shall require to assure payment of the costs thereof and to protect Landlord against any loss from any mechanics', laborers', materialmen's or other liens. At the time of completion of each Alteration, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy set of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual outfinal "as-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvementsbuilt" plans. All Alterations shall be and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Tenant during the Term and Tenant shall, unless Landlord at otherwise elects, remove all Alterations and restore the Premises to its original condition by the date of termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting Lease or other floor covering which may be cemented or otherwise affixed to the floor upon earlier vacating of the Leased Premises is a permanent fixture and Premises; provided, however, that, if at such time Landlord so elects, such of the Alterations as Landlord shall elect shall become the property of Landlord without credit as of the date of termination of this Lease or compensation upon earlier vacating of the Premises and title shall pass to TenantLandlord under this Lease as by a xxxx of sale. All such removals and restoration shall be accomplished in a good workmanlike manner and in accordance with Landlord's standard move in/move out procedures by contractors approved in writing by Landlord reserves (which approval shall not be unreasonably withheld) so as not to damage the right to remove at Tenant's expense all Cable installed by Building, or for Tenant, even if located outside the Leased Alterations which Landlord has elected will remain in the Premises. Tenant shall pay In particular, if Landlord for has elected that cabling will remain in the expenses incurred for Premises, all furniture and partition removal of the Cable within fifteen (15) days after receipt of must be done in accordance with Landlord's bill, standard move in/move out procedures and in such obligation shall survive manner as will not adversely affect the termination or expiration of this Leasecabling.

Appears in 1 contract

Samples: Lease Agreement (CURO Group Holdings Corp.)

Alterations. Tenant shall will not make or allow to be made any Alterations alterations, additions or improvements (collectively "Alterations") in or to the Premises without the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, Tenant Premises shall make the Alteration at its expense using a contractor be done by Landlord or by contractors approved in writing by Landlord, at Tenant's sole cost and expense. Tenant shall require its If Landlord approves Tenant's proposed Alterations and agrees to permit Tenant's contractor to maintain do the work, Tenant's contractor must first furnish to Landlord insurance coverage against such risks and in such amounts and in such form as Landlord may reasonably require. Without Landlord, including, but not limited to, General Liability, Builder's prior written consentRisk, Tenant shall not use any portion and Xxxxxxx'x Compensation Insurance (as required under the Xxxxxxx'x Compensation Act of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Colorado), issued by such companies as Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse may approve and naming Landlord as an additional insured on demand for all costs and expenses incurred by Landlord in making such alterations or improvementspolicies. All Alterations permitted by Landlord must conform to all requirements of all governmental entities having jurisdiction. Tenant's contractor shall obtain all applicable building and fixtures (other than unattachedoccupancy permits required by law. Landlord shall have the right, movable trade fixtures)at Tenant's expense, which are made not to exceed $500.00 per each such inspection, to have Tenant's contractor's work inspected by architects and engineers. At any time Tenant either desires to, or installed by either party upon the Leased Premises shall remain upon and be surrendered is required to, make repairs or Alterations in accordance with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removalmay, in which event addition to its other options, require Tenant, at Tenant's sole cost and expense, to obtain and provide to Landlord a lien and completion bond (or such other applicable bond as reasonably determined by Landlord) in an amount equal to one and one-half times the estimated cost of such improvements to insure Landlord against risk and liability, including but not limited to liability for mechanics and materialman's lien, and to insure the' completion of the work. Tenant agrees to indemnify Landlord and hold it harmless against any\ loss, liability or damage resulting from Tenant's repairs or alterations and to conform with all the requirements of Section 19.3. Tenant further agrees that plans and drawings for installation or revision of mechanical, electrical or plumbing systems shall remove the same be designed by an engineer approved by Landlord, and restore the Leased Premises bear an engineer's seal, such design work to their original condition be done at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed Notwithstanding anything to the floor of the Leased Premises is a permanent fixture and contrary contained herein, in no event shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right Tenant be permitted to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside substantially alter any restrooms in the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this Lease.

Appears in 1 contract

Samples: Center Lease (Southern Concepts Restaurant Group, Inc.)

Alterations. Tenant 1 shall not have the right, from time to time, to make any Alterations without all such non-structural alterations and improvements to the prior written consent of Landlordleased premises as may be reasonably necessary or appropriate, except for the installation conduct of unattachedTenant 1 business, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and provided that prior to commencement of any such work, the AlterationsLandlord shall in each case have approved in writing the plans and specifications for such work and provided Tenant 1 engages contractors approved by Landlord in its sole discretion. All work done by Tenant 1 shall conform to all applicable governmental regulations and requirements with all required permits to be paid for by Tenant 1. If any such work done by Tenant 1 causes damage to the building structural portions, building roof, floor or windows on the leased premises, then the costs of all maintenance and repairs to such damaged building components shall thereafter be the responsibility of Tenant 1. Notwithstanding the fact that alterations may be made by Tenant 1, during the lease term or any renewal or extension of such term, Tenant 1 shall deliver have the duty to Landlord any building permit required by Applicable Law and a copy return the leased premises, upon termination or expiration of the executed construction contract(s)lease, to the Landlord in the same condition as when received by Tenant 1, ordinary wear and tear excepted. Tenant 1 shall reimburse Landlord within ten (10) days after provide plans depicting proposed improvements to Landlord, designating any fixed, permanent or semi-permanent proposed installations that Tenant 1 proposes to leave in place without removal upon lease termination. All such alterations, improvements and fixtures in place, designated to remain upon lease termination shall be and remain the rendition of a bill for all property of Landlord's actual out-of-pocket costs incurred . Further, in connection with any Alterationsimprovements and alterations to the leased premises, Tenant 1 shall indemnify the Landlord from any lien arising out of any such work performed or materials furnished, and shall indemnify and hold harmless the Landlord from any liability or loss, of any type or nature, including all managementreasonable attorney's fees, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making arising out of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations lien or improvements to other portions of the Building claim based on work performed or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenantmaterials furnished. Landlord reserves shall have the right to remove at Tenant's expense all Cable installed by require Tenant 1 to furnish adequate bond or for Tenant, even if located outside the Leased Premises. Tenant shall pay other security acceptable to Landlord for the expenses incurred for removal payment of the Cable within fifteen (15) days after receipt of Landlord's billany such work performed by Tenant 1, and shall have the right to require adequate lien waives on any such obligation work performed by Tenant 1. Landlord shall survive also have the termination or expiration right to post notice of this Leasenon-liability for any such work, at appropriate places in the leased premises.

Appears in 1 contract

Samples: Lease Agreement

Alterations. Tenant shall not agrees that it will make any Alterations no alterations, additions or improvements to the Premises without the prior written consent of LandlordLandlord (not to be unreasonably withheld) and that all alterations, except additions or improvements made by or for the installation Tenant, including, without limitation, any and all subdividing partitions, walls or railings of unattachedwhatever type, material or height, excepting movable trade fixtures which may be office furniture installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if expense of Tenant, shall, when made, become the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf property of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord as a part thereof at the termination end of this Leasethe Term, unless Landlord requests their removalshall notify Tenant to remove same, in which latter event Tenant shall remove the same such property and restore the Leased Premises to their original the same condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed as it existed prior to the floor of the Leased Premises is a permanent fixture Commencement Date, normal wear and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premisestear excepted. Tenant shall pay Landlord for not core drill or in any other manner attempt to penetrate or penetrate the expenses incurred for removal floors of the Cable within Buildings without obtaining permission of Landlord. In the event that Tenant constructs any improvements to the Premises, then those improvements must be constructed (a) using, at least, finishes which are standard to the Buildings and according to plans and specifications and using only contractors and subcontractors approved by Landlord in advance, and (b) in compliance with all applicable laws, ordinances, rules, building codes, and regulations of Federal, State, municipal and county authorities, including, without limitation, the procurement of a building permit and (c) in a diligent, good and workmanlike manner. Tenant shall obtain a Builders’ Risk Insurance Policy in such amount as is reasonably requested by Landlord, naming Landlord as an additional insured and providing that such policy will not be canceled without first giving Landlord at least fifteen (15) days after receipt prior written notice thereof. Any mechanical or electrical work and any penetration of floors must be performed by Landlord's bill’s contractors and subcontractors at Tenant’s expense. Upon completion of any such construction by Tenant, Tenant must furnish Landlord with a complete set of as-built plans and specifications for the same. Tenant will not permit, and will indemnify Landlord and hold it harmless from, any mechanic’s or materialmen’s liens against the Premises in connection with any such obligation shall survive the termination or expiration of this Leaseimprovements.

Appears in 1 contract

Samples: Mecklenburg   Lease Agreement (Coca Cola Bottling Co Consolidated /De/)

Alterations. Tenant shall not make any Alterations alterations, additions or improvements (collectively, “Alterations”) in or to the Premises without the Landlord’s prior written consent, which consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drillingwithheld in Landlord’s sole discretion. Notwithstanding the foregoing. Landlord shall not unreasonably withhold its consent to any proposed interior, cutting or otherwise defacing non-structural Alteration(s) to the Leased PremisesPremises which are not visible from the exterior of the Premises and do not affect the electrical, plumbing, sewer and/or life safety systems of the Building. Tenant shall furnish complete plans only utilize contractors approved by Landlord. Tenant shall, before making any Alterations, at its expense, obtain all permits, approvals and specifications to Landlord for its approval at the time it requests Landlord's consent to certificates required by any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental governmental or quasi-governmental agency or authority; or bodies and (iiiupon completion) will cost more than $10,000 in certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord, and Tenant agrees to carry, and to cause Tenant’s contractors and sub-contractors to carry such wxxxxxx’x compensation, general liability, personal and property damage insurance as Landlord may reasonably require. Upon completion of any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the AlterationsAlteration, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy one set of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out“as-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's built” plans and specifications therefor. All fixtures and for paneling, partitions, railing and like Alterations, installed in the monitoring of construction of the Alterations. If Landlord consents to the making of any AlterationPremises, either by Tenant shall make the Alteration at its expense using a contractor approved in writing or by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs Tenant’s behalf, shall become the property of Landlord and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become upon the property of Landlord at the expiration or earlier termination of this Lease, unless Landlord requests their removalLandlord, by notice to Tenant given at the time of the consent to such Alteration, elects to have them removed by Tenant, in which event event, the same shall be removed from the Premises by Tenant. For so long as Tenant is not in default under this Lease, nothing in this Section shall be construed to give Landlord title to or to prevent Tenant’s removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such equipment and fixtures from the Premises or upon removal of other installations as may be required by Landlord, Tenant shall remove the same immediately and at its expense, repair and restore the Leased Premises to their original the condition existing prior to installation (subject to ordinary wear and tear) and repair any damage to the Premises or the Building or the Project due to such removal. All property that was permitted or required to be removed by Tenant at the end of the Term but which remains in the Premises after the expiration or earlier termination of the Term of this Lease shall conclusively be deemed abandoned and may, at the election of Landlord, either be retained as Landlord’s property or may be removed from the Premises by Landlord at Tenant's ’s expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this Lease.

Appears in 1 contract

Samples: Equity Purchase Agreement (True Nature Holding, Inc.)

Alterations. Absent Landlord’s written consent, Tenant shall may make no alterations to the Office. With Landlord’s written consent, Tenant, at Tenant’s sole cost and expense, may make alterations, installations and improvements (the “Alterations”) to the Office provided they are non- structural in nature, which do not make any Alterations without effect the prior written consent of LandlordServices, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting utilities or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure other operations or services of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasiwhich are done by contractors and sub-governmental agency or authority; or (iii) will cost more than $10,000 contractors approved by Landlord in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation)every instance. After obtaining Xxxxxxxx's consent and prior to commencement of the Before making Alterations, Tenant shall deliver to Landlord any building permit obtain all permits, approvals, certificates required by Applicable Law any and a copy all municipal authorities or other agencies having jurisdiction of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after Premises and the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, Alterations and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alterationupon receiving same, Tenant shall make Tenant has deposited with the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor LaDndolworndlothadeeSdefcroumrityhttp://wdewliwve.triddyufpolricmaste.coomr certified copies to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of each Deposit to insure Tenant’s compliance with all of the Common Access Area in connection with the making terms, provisions and conditions of any Alterationsthis Lease. If the Alterations which Tenant causes to be constructed result is in Landlord being required to make default under any alterations or improvements to other portions of the Building or CR Project Parcelterms, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs conditions and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination provisions of this Lease, unless Landlord requests their removalmay apply the Security and every one. Tenant shall carry and cause to be carried by each contractor and sub-contractor, workmen’s compensation, general liability, personal and property damage insurance, in which event such amounts as Landlord requires, naming Landlord as insured and Tenant shall remove deliver evidence of such insurance to Landlord prior to Tenant’s commencing the same and restore Alterations. Should a mechanic’s lien be filed against the Leased Premises Office and/or Premises, for work done or claimed to their original condition have been done or materials supplied for Tenant or to the Office, Tenant shall pay or cause to be paid or file a bond in the amount stated in the mechanic’s lien within thirty (30) days of said filing at Tenant's ’s sole cost and expense. Any linoleuminstallation of materials, carpeting or other floor covering which may be cemented or otherwise affixed to fixtures and the floor of the Leased Premises is a permanent fixture and like shall become the property of Landlord without credit or compensation upon such installation and shall remain in the Office upon Xxxxxx’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 Xxxxxxxx’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 reserves the right to may either retain such abandoned property or may remove such abandoned property at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this Lease.’s expense

Appears in 1 contract

Samples: Office Lease

Alterations. Tenant shall not at any time during the Term of this Lease make any Alterations openings in or other alteration or improvement to the roof or exterior walls of the Building or make any alteration, addition or improvement to the Premises or any portion thereof (hereinafter collectively referred to as "Alterations") without in each instance, the prior written consent of Landlord; provided, except for however, upon notice to, but without the installation requirement of unattachedthe written consent of Landlord, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans have the right to make Alterations to the interior of the Premises where same are non-structural, do not require openings in or other alteration or improvement to the roof, exterior walls or other structural components of the Building, do not adversely affect any Building system, and specifications to Landlord for its approval at do not exceed FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) in the time it aggregate in any twelve (12)-month period. In the event Tenant requests Landlord's consent to make any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC Alteration which does not involve openings in or other systems serving alterations or improvements to the Leased roof, Landlord shall not unreasonably withhold its consent to the Alteration. No Alterations to the Premises for which Landlord's consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or the Building; or (ii) will require the filing of plans certificates from an insurance company acceptable to Landlord, evidencing insurance coverage required under Section 9.2 hereof. Any Alterations by Tenant hereunder shall be done in a good and specifications workmanlike manner in compliance with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in Legal Requirements. Upon completion of any calendar year (but Alteration by Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterationshereunder, Tenant shall deliver to furnish Landlord any building permit required by Applicable Law and with a copy of the executed construction contract(s"as built" plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except Landlord, its agents, employees or contractors. Before commencing any Alterations, involving an estimated cost of more than FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00): (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord (such approval shall not be unreasonably withheld or delayed); (b) Tenant shall reimburse furnish to Landlord within ten an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (10c) days after all contracts for any proposed work shall be submitted to and subject to the rendition of a bill for all reasonable approval of Landlord; (d) evidence of insurance as required by Article IX hereof; and (f) such other requirements as Landlord may reasonably require to be satisfied. Prior to the commencement of any construction activity for which Landlord's actual outconsent shall be required, certificates of such insurance coverages shall be provided to Landlord and renewal certificates shall be delivered to Landlord prior to the expiration date of the respective policies. Notwithstanding the foregoing, no Alterations of any kind shall be made which would (i) change the general design, use, character or structure of the Premises or any part thereof; (ii) decrease the size of the Premises or any part thereof; (iii) reduce or impair, to any material extent, the value, rentability or usefulness of the Premises or constitute waste; or (iv) give to any owner, lessee or occupant of any other property or to any other person or corporation any easement, right-of-pocket costs incurred way or any other right over the Premises. Any Alteration shall be made with reasonable dispatch and in connection a good and workmanlike manner and in compliance with any Alterations, including all management, engineering, outside consulting, applicable permits and construction fees incurred by or on behalf of Landlord for the review authorizations and approval of Xxxxxx's plans buildings and specifications zoning laws and for the monitoring of construction of the Alterationswith all other Legal Requirements. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall work does not use any portion of the Common Access Area in connection comply with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination provisions of this Lease, unless Landlord requests their removalmay, in which event by notice to Tenant, require that Tenant shall remove stop the same work and restore take steps necessary to cause corrections to be made, or Landlord may, itself, perform the Leased Premises to their original condition work, at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this Leasecost.

Appears in 1 contract

Samples: Factory Card Outlet Corp

Alterations. Tenant shall not make or permit to be made any Alterations alteration, modification, substitution or other change of any nature to the mechanical, electrical, plumbing, HVAC, and sprinkler systems within or serving the Leased Premises. Tenant shall not make or permit any other improvements, alterations, fixed decorations, substitutions, or modifications, structural or otherwise, to the Leased Premises or the Office Building (“Alterations”) without the prior written consent of Landlord, except for which consent may not be unreasonably withheld, any such consent to also include the conditions under which the Alterations may be made. Alterations shall include, but not be limited to, the installation or modification of unattachedcarpeting, movable trade fixtures which may walls, partitions, counters, doors, shelves, lighting fixtures, hardware, locks, ceiling, window, and wall covering. All such Alterations shall be installed without drillingmade at Tenant’s sole expense, cutting by contractors or otherwise defacing the Leased Premises. subcontractors approved by Landlord, and only after (i) Landlord (or Tenant) has obtained, on behalf of Tenant, any necessary permits from governmental authorities and (ii) Tenant shall furnish has submitted complete plans and specifications to Landlord for its approval with respect to the Alterations and Landlord has approved them. Landlord shall, at Tenant’s expense, supervise the time it requests Landlord's consent to making of any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving by Tenant. If any mechanic’s lien is filed against the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the AlterationsOffice Building for work or materials furnished to Tenant, the lien shall be discharged by Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after thereafter, solely at Tenant’s expense, by either paying off or bonding the rendition lien. Should Tenant fail to discharge any lien with ten (10) days of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterationsits filing, including all managementLandlord shall have the right, engineeringbut not the obligation, outside consulting, and construction fees incurred by or on behalf of Landlord for to discharge the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration lien at its expense using a contractor approved in writing by LandlordTenant’s expense. Tenant shall require its contractor indemnify and hold Landlord harmless from all expenses (including attorneys’ fees), liens, claims, or damage to maintain insurance in such amounts and in such form as Landlord persons, property, or the Office Building which may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with arise from the making of any Alterations. If Any Alterations made without the Alterations which prior consent of Landlord may be corrected or removed by Landlord, and Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions shall, on demand, pay the cost of the removal as Additional Rent. The work relating to any Alterations shall not interfere with, or cause annoyance to, any other tenants of the Office Building or CR Project Parceldisrupt any access to, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor use of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this LeaseCommon Areas.

Appears in 1 contract

Samples: Lease Agreement (Quality Systems Inc)

Alterations. Those alterations identified on the attached Exhibit C and any non-structural alterations (together the “Non-Structural Alterations”) required to accommodate Tenant’s manufacturing process during the term of the Lease do not need Landlord approval as provided in this Section 13 (however, Exhibit C contains its own approval process). Tenant shall not make any Alterations structural alterations, additions or improvements (“Structural Alteration”) in, on or to the Premises or any part thereof without delivering to Landlord the plans and specifications therefor and obtaining the express, prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's ’s consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant Structural Alteration shall not artificially split be unreasonably withheld and Landlord shall provide its approval or specify the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord reasons for its rejection within ten (10) days after business days, however, if Landlord does not provide Tenant with a rejection of the rendition submitted plans (or any resubmissions of a bill plans) within said ten (10) business days, then Tenant’s plans most recently submitted shall be deemed approved by Landlord.. Tenant shall pay for all of Landlord's actual out-of-pocket reasonable costs incurred by Landlord in connection considering any request for consent to any proposed Structural Alteration project, including, without limitation, any architect, engineer, or attorney fees, up to a maximum of Two Thousand Five Hundred Dollars ($2,500), per project. Any Non-Structural Alteration or approved Structural Alteration shall be made at Tenant’s own cost and expense and in a good and workmanlike manner in accordance with the laws, ordinances and codes relating thereto and free from any Alterations, including all management, engineering, outside consultingclaim or claims for construction liens, and construction fees incurred by or Tenant shall indemnify and hold Landlord harmless from and against any and all claims, liens, costs and expenses on behalf account of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterationssuch work. If Landlord consents to the making Upon completion of any Structural Alteration, Tenant shall make provide Landlord with a copy of the as-built plans and blueprints for the same if such Structural Alteration at its expense using a contractor approved in writing by materially differs from the original plans submitted. Normal and customary decorating and redecorating of the Premises shall not require Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form ’s approval as long as Landlord may require. Without has been provided reasonable notice and it does not affect Landlord's prior written consent’s operations, Tenant shall not fire safety, insurability, or use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to by other portions of the Building or CR Project Parceltenants and their customers, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's billinvitees, and such obligation shall survive the termination or expiration of this Leaseagents.

Appears in 1 contract

Samples: Lease (Alliance Laundry Corp)

Alterations. Tenant shall not make any Alterations alterations, improvements, additions, installations, or changes of any nature in or to the Premises (any of the preceding, "Alterations") without the Landlord's prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation)be unreasonably withheld. After obtaining Xxxxxxxx's consent and At least 15 days prior to commencement of the making any Alterations, Tenant shall submit to Landlord, in written form, proposed detailed plans of such Alterations. Tenant shall, prior to the commencement of any Alterations, at Tenant's sole cost, (i) acquire (and deliver to Landlord any building permit required by Applicable Law and a copy of) a permit from appropriate governmental agencies to make such Alterations (any conditions of which permit Tenant shall comply with, at Tenant's sole cost, in a prompt and expeditious manner), (ii) provide Landlord with ten days' prior written notice of the executed construction contract(s). date the installation of the Alterations is to commence, so that Landlord can 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 reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred maintain in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction force until completion of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements). All Alterations shall upon installation become the property of Landlord and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon on and be surrendered with the Leased Premises and become on the property Expiration Date, except that Landlord may, at its election, require Tenant to remove any or all of Landlord at the termination of this LeaseAlterations, unless Landlord requests their removalby so notifying Tenant in writing on or before the Expiration Date, in which event event, Tenant shall remove shall, at its sole cost, on or before the same Expiration Date, repair and restore the Leased Premises to their original the condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed of the Premises prior to the floor installation of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation such Alterations to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premisesbe removed. Tenant shall pay all costs for Alterations and other construction done or caused to be done by Tenant. Tenant shall keep the Premises free and clear of all mechanics' liens resulting from Alterations or other construction. Tenant may, at its election, contest the correctness or validity of any such lien provided that (a) immediately on demand by Landlord, Tenant procures and records a lien release bond, issued by a corporation satisfactory to Landlord for and authorized to issue surety bonds in the expenses incurred for removal state in which the Premises are located, in an amount equal to 150 percent of the Cable within fifteen amount of the claim of lien, which bond meets the requirements of California Civil Code Section 3143 or any successor statute, and (15b) days after receipt of Landlord may, at its election, require Tenant to pay Landlord's bill, attorneys' fees and costs in participating in such obligation shall survive the termination or expiration of this Leasean action.

Appears in 1 contract

Samples: Lease (Paramark Enterprises Inc)

Alterations. Tenant shall not make any Alterations without the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents alterations to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Premises without Landlord's prior written consent, Tenant which consent shall not use be unreasonably withheld. Tenant may make non-structural alterations costing less than $25,000 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 commencement of any portion alteration with a complete description of each such alteration including any building permit drawing(s) and specifications. Landlord may post notices regarding non-responsibility in accordance with the laws of the Common Access Area state in connection with which the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvementsPremises are located. All Alterations alterations made by Tenant, whether or not subject to the approval of Landlord, shall be performed by Tenant and fixtures (other than unattached, movable trade fixtures), which are its contractors in a first class workmanlike manner and permits and inspections shall be obtained from all required governmental entities. Any alterations made or installed by either party upon the Leased Premises shall remain upon on and be surrendered with the Leased Premises and become the property of Landlord at the upon expiration or termination of this Lease, unless except that Landlord requests their removalmay elect to require Tenant to remove some or all of the alterations which Tenant may have made to the Premises upon the expiration or earlier termination of the Term by giving Tenant written notice of such election at the time Landlord consented to such alterations. If Landlord so elects, in which event Tenant shall remove the same and at its own cost restore the Leased Premises to their original the condition at designated by Landlord in its election, before the last day of the Term. Should Landlord consent in writing to Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor alteration of the Leased Premises is Premises, Tenant shall contract with a permanent fixture contractor reasonably approved by Landlord for the construction of such alterations, shall secure all appropriate governmental approvals and permits, and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed complete such alterations with due diligence in compliance with plans and specifications approved by or for Tenant, even if located outside the Leased PremisesLandlord. Tenant shall pay Landlord all costs for such construction and shall keep the expenses incurred for removal Premises free and clear of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this Leaseall mechanics' liens which may result from construction by Tenant.

Appears in 1 contract

Samples: Medarex Inc

Alterations. Other than as provided in Article 5.B. above and herein, Tenant shall not make any Alterations no alterations or additions to the Premises (“Alterations”) without the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which consent may be installed without drillingwithheld in Landlord’s sole discretion as to alterations which adversely affect or impair the structural integrity of, cutting or otherwise defacing the Leased Premises. Tenant proper operation of the operating systems of, the Building, and which consent shall furnish complete not be unreasonably withheld, conditioned or delayed as to all other alterations and only by contractors or mechanics approved by Landlord in writing (which approval shall not be unreasonably withheld, conditioned or delayed) and upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to Landlord for the Alterations in question, to be prepared and submitted by Tenant, at its sole cost and expense, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall, at the time it requests Landlord's consent its sole cost and expense, obtain all necessary approvals and permits pertaining to any Alterations if approved by Landlord. Notwithstanding the desired Alterations: foregoing, Landlord’s consent shall not be required, and Tenant shall not be required to submit plans to Landlord, for alterations which are (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; non-structural aesthetic alterations (including, without limitation, painting and carpeting) or (ii) will require the filing of plans not affect any Building Systems or structure and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more less than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and [***] on a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterationsper project basis. If Landlord consents to the making of any AlterationAlterations are made, Tenant they shall make the Alteration be made at its Tenant’s sole cost and expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Tenant during the Term. Notwithstanding anything contained herein to the contrary, Landlord may, by written notice to Tenant given at the time of Landlord’s approval of the Alterations in question, require Tenant, at Tenant’s expense, upon the expiration or earlier termination of this Leasethe Lease Term, unless Landlord requests their to remove such Alterations installed by Tenant, and to repair any damage caused by such removal. Any and all costs attributable to or related to the applicable building codes of the City of Boston (or any other authority having jurisdiction over the Building) arising from Tenant’s plans, in which event specifications, improvements, alterations or otherwise shall be paid by Tenant shall remove the same at its sole cost and restore the Leased Premises to their original condition at Tenant's expense. Any linoleumWith regard to repairs, carpeting Alterations or any other floor covering work arising from or related to this Article 5 and which may require Landlord’s consent pursuant to this Article 5 (but excluding Tenant’s Work), Landlord shall be cemented entitled to receive an administrative/supervision fee (which fee shall vary depending upon whether or otherwise affixed to not Tenant orders the floor work directly from Landlord but which shall not exceed three percent (3%) of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this Leasehard costs).

Appears in 1 contract

Samples: Office Lease (Enernoc Inc)

Alterations. Other than the Initial Tenant Improvements, Tenant shall not make no alterations, installations, additions or improvements (herein collectively called "Alterations") in or to the Demised Premises or the Building, structural or otherwise, without Landlord's prior written consent. Tenant, at its sole cost and expense, must provide Landlord with a copy of the full floor mechanical and electrical plans for the floor or floors of the Demised Premises on which the Alterations are being made, revised by the Building architect and engineers, showing the Alterations proposed by Tenant for Landlord's approval. If any such Alterations are made without the prior written consent of Landlord, except for Landlord may correct or remove the installation of unattachedsame, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. and Tenant shall furnish complete plans be liable for any and specifications to all expenses incurred by Landlord for its approval in the performance of such work. All Alterations shall be at Tenant's sole expense, shall comply with all laws, rules, orders and regulations of governmental authorities having jurisdiction thereof and shall be made at such time and in such manner as Landlord determines will not unreasonably interfere with the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure use of the Building by other Tenants and their respective premises. All Alterations shall be made only by such contractors or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor mechanics as are approved in writing by Landlord. Such approval shall not be unreasonably withheld or delayed. Approval of contractors or mechanics by Landlord shall be based upon the contractors or mechanics being properly licensed, their financial posture, experience and past job performance. Tenant shall pay prevailing wages to all contractors and mechanics. All Alterations to the Demised Premises, whether made by Landlord or Tenant, and whether at Landlord's or Tenant's expense, or the joint expense of Landlord and Tenant, shall be and remain the property of Landlord, hereinafter unless otherwise agreed to by Landlord and Tenant. Landlord, at the expiration of the Term or any renewal or extension thereof, may elect to require Tenant to remove all or any part of the Alterations made by the Tenant, subsequent to the Term Commencement Date, unless Landlord agrees in writing not to require the removal of an Alteration at the time Landlord consents to the Alteration. Removal of Tenant's Property and Alteration shall be at Tenant's cost and expense and Tenant shall, at its contractor cost and expense, repair any damage to maintain insurance in the Demised Premises or the Building caused by such amounts removal. In the event Landlord does not so elect, and Tenant does not remove Tenant's Property, it shall become property of Landlord. In the event Tenant fails to remove Tenant's property or the Alterations requested to be removed by Landlord on or before the expiration of the Term or any extension or renewal thereof, then and in such form as event, the Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to Property and Alteration from the floor of the Leased Demised Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside and the Leased Premises. Tenant shall pay hereby agrees to reimburse the Landlord for the expenses incurred for cost of such removal together with any and all damages which the Landlord may suffer and sustain by reason of the Cable within fifteen (15) days after receipt failure of Tenant to remove the same. Tenant further acknowledges that any violation of the foregoing requirement by Tenant will jeopardize Landlord's bill, bond financing for the Building project of which the leased premises is a part and such obligation shall survive the termination could likely cause Landlord to suffer and incur substantial monetary damage or expiration of this Leaseinjury to which Tenant would be liable.

Appears in 1 contract

Samples: Startec Global Communications Corp

Alterations. Tenant shall not make any Alterations without Section 13.1 Tenant, subject to obtaining the express prior written consent of Landlord, except for which consent shall not be unreasonably withheld or delayed, shall have the installation right, at any time and from time to time during the term of unattachedthis lease, movable trade fixtures which may be installed without drillingto make, cutting at its sole cost and expense, non-structural changes, alterations, additions, replacements or otherwise defacing improvements (individually an "Alteration" and collectively "Alterations") in or to the Leased Demised Premises. Tenant Notwithstanding the foregoing, the prior written consent of Landlord shall furnish complete plans and specifications not be required with respect to Landlord for its approval at any non-structural Alterations, the time it requests total cost of which shall not exceed $100,000. The term "Alteration" does not include any alterations described in the preceding sentence. No Alteration unless specifically consented to by Landlord, shall reduce the value or size of the Demised Premises or affect the structural components, of the Building. Landlord's consent to any Alterations proposed Alteration shall be accompanied by architectural plans sufficient in detail to enable Landlord to evaluate their impact, if any, on the desired Alterations: (i) will affect the structure structural components and value of the Building Building. If within twenty (20) days after receipt by Landlord of Tenant's request Landlord fails to either approve Tenant's request, or to deny such request with a written explanation sufficiently detailed to enable Tenant to address Landlord's objections, and Tenant resubmits such request to the HVAC Landlord and Landlord does not approve Tenant's resubmitted request, or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications deny such resubmitted request with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but a written explanation sufficiently detailed to enable Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxxaddress Landlord's consent and prior to commencement of the Alterationsobjections, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after Tenant submits such request, then Landlord shall be deemed to have approved the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred request in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred question. Any disputes under this Article 13 shall be resolved by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents arbitration pursuant to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by LandlordSection 26. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand responsible for all out of pocket costs including legal, engineering and expenses architectural fees, reasonably incurred by Landlord in making reviewing any such alterations or improvementsrequest. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed make purely decorative changes to the floor of the Leased Demised Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of first obtaining Landlord's bill, and such obligation shall survive the termination or expiration of this Leaseconsent thereto.

Appears in 1 contract

Samples: Agreement (American Coin Merchandising Inc)

Alterations. Other than Landlord's Work and Tenant's Work, which shall be governed by the Work Letter, Tenant shall not make any Alterations without alterations to the prior written consent of LandlordPremises, except for or to the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any AlterationsProject, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents any changes to the making of any Alterationexisting landscaping, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlordwithout Xxxxxxxx's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant shall have the right to make alterations and improvements to the Premises without Landlord's consent (but only after having provided not use any portion less than 15 days prior written notice to Landlord) where the same (i) will not materially affect the structural components of the Common Access Area building in connection which the Premises is located or the building systems, and (ii) will not exceed the cost of $10,000. If Landlord gives its consent to alterations, Landlord may post notices of non-responsibility in accordance with the making laws of any Alterationsthe state in which the premises are located. Tenant may, at the time of requesting Landlord's consent to alterations, further request in writing that Landlord elect, at the time of granting consent, whether such alterations must be removed upon termination of the Lease. If Tenant so requests, Landlord shall make such election at the Alterations which Tenant causes time of granting consent to be constructed result in Landlord being required to make any alterations the alteration (or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Lawsif no consent is required, then Tenant within fifteen days of Tenant's request). Failure of Landlord to respond to Xxxxxx's request shall reimburse Landlord be deemed an election that the alteration need not be removed on demand for all costs and expenses incurred by Landlord in making such termination of this Lease. Any alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon on and be surrendered with the Leased Premises and become the property of Landlord at the upon expiration or termination of this Lease, unless except that Landlord requests their removalmay, in within 30 days before or 30 days after expiration of the term, elect to require Tenant to remove any alterations which event Tenant may have made to the Premises except such alterations as Xxxxxx has received consent to leave as provided above. If Landlord elects to require removal of an alteration, at its own cost Tenant shall remove the same and restore the Leased Premises to their original the condition at Tenant's expense. Any linoleumdesignated by Landlord in its election, carpeting or other floor covering which may be cemented or otherwise affixed to before the floor last day of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit term or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) 30 days after receipt notice of Landlord's billits election is given, and such obligation shall survive the termination or expiration of this Leasewhichever is later.

Appears in 1 contract

Samples: Work Letter Agreement (Blue Nile Inc)

Alterations. Tenant shall not make or suffer to be made any Alterations alterations, additions or improvements to or of the Leased Premises or any part thereof without the prior written consent of Landlord, except for . In the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If event Landlord consents to the making of any Alterationproposed alterations, additions, or improvements, the same shall be at Tenant's sole cost and expense, and Tenant shall make hold Landlord harmless on account of the Alteration cost thereof. Any such alterations shall be made at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts time and in such form a manner as Landlord may require. Without Landlord's prior written consentnot to unreasonably interfere with the occupation, Tenant shall not use any portion and enjoyment of the Common Access Area in connection with remainder of the making of building by any Alterationsother tenants. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations Any alterations, additions or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures Leased Premises (other than unattached, movable trade fixtures), which are made moveable equipment or installed furniture owned by either party upon the Leased Premises Tenant) shall remain upon and be surrendered with the Leased Premises and at once become the property of the Landlord at and shall be surrendered to the Landlord upon the termination of this Lease. If required by Landlord, unless Landlord requests their removal, in which event such alterations shall be removed by Tenant upon the termination of the Lease Term and Tenant shall remove the same and restore repair damage to the Leased Premises to their original condition caused by such removal, all at Tenant's sole cost and expense. Any linoleumLandlord shall not be liable for, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of and the Leased Premises is a permanent fixture and/or Property shall not be subject to any mechanics, materialman's or other liens and Tenant shall keep the Leased Premises and the Property free from any such liens and shall become the property indemnify Landlord against and satisfy any such liens which may arise as a result of Landlord without credit or compensation to acts of Tenant. Further, if required by Landlord, Tenant shall furnish such waiver or waivers of lien or payment or payment or performance bonds in form and with surety satisfactory to Landlord reserves the right to remove at Tenant's expense all Cable installed before commencing any work on such alterations, additions or improvements, including trade fixtures. All construction work done by or for Tenant, even if located outside Tenant within the Leased PremisesPremises shall be performed in a good and workmanlike manner, in compliance with all governmental requirements, and in such manner as to minimize interference with other construction in progress and with the transaction of business at the Property. Tenant shall pay Xxxxxx agrees to defend, indemnify and hold Landlord for the expenses incurred for removal harmless from costs of compliance with requirements of the Cable within fifteen (15) days after receipt Americans with Disabilities Act of Landlord's bill1990, and such obligation shall survive the termination or expiration of this LeaseTitle III.

Appears in 1 contract

Samples: Lease Agreement

Alterations. Tenant shall not make any Alterations without alterations to the prior written consent of LandlordPremises, except for or to the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any AlterationsProject, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents any changes to the making of any Alterationexisting landscaping, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without without Landlord's prior written consent. If Landlord gives its consent to such alterations, Tenant shall not use any portion Landlord may post notices in accordance with the laws of the Common Access Area state in connection with which the making of any Alterationspremises are located. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any Any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon on and be surrendered with the Leased Premises and become the property of Landlord at the upon expiration or termination of this Lease, unless except that Landlord requests their removalmay, in within 30 days before or 30 days after expiration of the term, elect to require Tenant to remove any alterations which event Tenant may have made to the Premises. If Landlord so elects, at its own cost Tenant shall remove the same and restore the Leased Premises to their original the condition at 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 expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor alteration of the Leased Premises is Premises, Tenant shall contract with a permanent fixture contractor approved by Landlord for the construction of such alterations, shall secure all appropriate governmental approvals and permits, and shall become complete such alterations with due diligence in compliance with plans and specifications approved by Landlord. All such construction shall be performed in a manner which will not interfere with the property quiet enjoyment of Landlord without credit or compensation to Tenant. Landlord reserves other tenants of the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased PremisesProject. 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. If Landlord gives its consent, no such alterations will proceed without Landlord's prior written approval of Xxxxxx's contractor, which shall be conditioned on proof of insurance by Xxxxxx's contractor for public liability and automobile liability and property damage insurance with limits not less than $1,000,000/$250,000/$500,000 respectively endorsed to show Landlord as an additional insured and for worker's compensation as required and detailed plans and specifications for such work. Tenant will keep the Premises and Property free from any liens arising out of any work performed, materials furnished or obligations incurred by Tenant, its agents or contractors. Xxxxxx agrees that should any lien be posted on the property due to work performed, materials furnished, or obligations incurred by it, that it will immediately notify and proceed to remove such lien. Tenant further acknowledges that it will remain liable to Landlord and indemnify it for any costs or damages to Landlord or the property as a result of such liens. Landlord has the right to post and keep posted in the Premises and/or Property, any notices that may be provided by law or which Landlord may deem to be proper for the expenses incurred for removal of the Cable within fifteen (15) days after receipt protection of Landlord's bill, and the Premises and/or Property from such obligation shall survive the termination or expiration of this Leaseliens.

Appears in 1 contract

Samples: Diversified Security Solutions Inc

Alterations. Tenant Except for the Subtenant Improvements and Minor Alterations (as defined in the Lease), Subtenant shall not make any Alterations alterations, additions or other physical changes to the Premises ("Alterations") without obtaining the prior written consent of Landlord, except for Tenant, and Sublandlord. Such Alterations shall be performed in accordance with the installation terms and conditions of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure Article 10 of the Building or Lease; provided, however, Subtenant shall be permitted to make Minor Alterations (as such term is defined under the HVAC or other systems serving Lease) provided such Minor Alterations meet the Leased Premises or requirements and are performed in accordance with the Building; or (ii) will require requirements set forth in the filing of plans and specifications Lease. Further to the extent the necessary consents are given with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order respect to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant the performance of such Alterations shall deliver also be subject to Landlord any building permit required by Applicable Law all the terms and a copy conditions of Article 10 of the executed construction contract(s)Lease. Tenant Subtenant shall reimburse Landlord within ten (10) days after the rendition of a bill Sublandlord for all of Landlord's actual out-of-pocket costs incurred in connection payable by Sublandlord with regard to reviewing any proposed Alterations. All Alterations shall immediately become Landlord's property upon installation or completion thereof, including unless Landlord elects otherwise. Upon expiration of the Sublease Term, to the extent allowed under the Lease, Subtenant shall remove (i) all managementof its trade fixtures and personal property from the Sublease Space and repair any damage resulting from such installation or removal, engineering, outside consulting, and construction fees incurred (ii) all Alterations installed by or on behalf of Landlord for Subtenant that are required to be removed pursuant to the review terms and approval of Xxxxxx's plans and specifications and for the monitoring of construction conditions of the Alterations. If Landlord consents Lease, and (iii) upon request by Sublandlord, all Alterations installed by or on behalf of Subtenant, shall be removed from the Premises and Subtenant shall promptly restore the Sublease Space to the making condition then existing prior to such removal; provided, however, in the event Landlord does not require removal of such Alterations, then Sublandlord shall not require Subtenant to remove the same. Additionally, in the event Subtenant intends to perform any AlterationAlterations costing in excess of Twenty Thousand and 00/100 Dollars ($20,000.00), but less than Two Hundred Thousand Dollars ($200,000.00), Subtenant provide Sublandlord and Tenant shall make a copy of the Alteration at its expense using prior written consent of Landlord and Subtenant (i) provides Sublandlord and Tenant with a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without copy of Landlord's prior written consent, Tenant notice advising that Landlord shall not use any portion require the removal of the Common Access Area same upon the expiration or termination of the Lease, or (ii) solely if required by Tenant in connection with the making Alterations, Subtenant deposits funds with Sublandlord in an amount equal to one hundred then (110%) of the reasonably anticipated cost of the removal of such Alterations (the “Alterations Deposit”). The Alterations Deposit shall be held by Sublandlord until the expiration or termination of this Sublease, and returned to Subtenant within thirty (30) days following the expiration or earlier termination thereof, provided Subtenant complies with its obligation, if any, to remove such Alterations. Notwithstanding anything in this Sublease to the contrary, if Landlord notifies Sublandlord to remove any Alterations installed by Subtenant at the expiration or earlier termination of the Lease pursuant to the Lease, then Subtenant, at its sole cost and expense, shall remove such Alterations before the Expiration Date or earlier termination of this Sublease; provided that Sublandlord receives such notification prior to the expiration of the Sublease Term in accordance with the Lease and 2019 Sublease. Within ten (10) business days following the completion of any Alterations. If Alterations in the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures Premises (other than unattached, movable trade fixturesMinor Alterations), which are made or installed by either party upon the Leased Premises Subtenant shall remain upon and be surrendered provide Sublandlord with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove notice that it has completed the same and restore the Leased Premises Sublandlord may, upon forty-eight (48) hours' prior notice to their original condition at Tenant's expense. Any linoleumSubtenant, carpeting or other floor covering which may be cemented or otherwise affixed permitted access to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal purpose of inspecting such Alterations. The obligations set forth in the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation two preceding sentences shall survive the termination or expiration of this LeaseSublease.

Appears in 1 contract

Samples: Sublease (Charlotte's Web Holdings, Inc.)

Alterations. Tenant, following the delivery of the Premises by Landlord and the full and final execution and delivery of the Lease/Amendment to which this Exhibit is attached and all prepaid rental and security deposits required under such agreement, shall have the right to perform alterations and improvements in the Premises (the “Initial Alterations”). Notwithstanding the foregoing, Tenant and its contractors shall not make any have the right to perform Initial Alterations in the Premises unless and until Xxxxxx has complied with all of the terms and conditions of Article 8 of the Lease, including, without limitation, approval by Landlord of the prior written consent of Landlord, except final plans for the installation of unattached, movable trade fixtures which may Initial Alterations and the contractors to be installed without drilling, cutting or otherwise defacing the Leased Premisesretained by Tenant to perform such Initial Alterations. Tenant shall furnish complete be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the premises and specifications the placement of Tenant’s furniture, appliances and equipment), and Xxxxxxxx’s approval of Xxxxxx’s plans shall in no event relieve Tenant of the responsibility for such design. Xxxxxxxx’s approval of the contractors to Landlord for its perform the Initial Alterations shall not be unreasonably withheld. The parties agree that Xxxxxxxx’s approval at of the time it requests Landlord's consent general contractor to perform the Initial Alterations shall not be considered to be unreasonably withheld if any Alterations if the desired Alterations: such general contractor (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or does not have trade references reasonably acceptable to Landlord, (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall does not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit maintain insurance as required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents pursuant to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination terms of this Lease, unless Landlord requests their removal(iii) does not have the ability to be bonded for the work in an amount of no less than 150% of the total estimated cost of the Initial Alterations, (iv) does not provide current financial statements reasonably acceptable to Landlord, or (v) is not licensed as a contractor in the state/municipality in which event the Premises is located. Tenant shall remove acknowledges the same and restore the Leased Premises foregoing is not intended to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor an exclusive list of the Leased Premises is reasons why Landlord may reasonably withhold its consent to a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this Leasegeneral contractor.

Appears in 1 contract

Samples: Office Lease (Cambium Networks Corp)

Alterations. Tenant shall not make perform any Alterations alterations, improvements or modifications to the Premises (“Alterations”) without the Landlord’s prior written consent of Landlordconsent, except for the installation of unattached, movable trade fixtures which may be installed without drillingwithheld in Landlord’s sole discretion. If Tenant proposes to make Alterations, cutting or otherwise defacing the Leased Premises. Tenant shall furnish submit complete plans and specifications to Landlord for its approval. As a condition of approval at of any Alterations, Landlord may require performance and labor and materialmen’s payment bonds issued by a surety approved by Landlord, in a sum equal to the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure cost of the Building or Alterations guaranteeing the HVAC or completion of the alteration free and clear of all liens and other systems serving the Leased Premises or the Building; or (ii) will require the filing charges. Such bonds shall name Landlord as beneficiary. Following approval of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterationsby Landlord, Tenant shall deliver to give Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within at least ten (10) days after days’ prior written notice of any commencement of Alterations in the rendition Premises so that Landlord may post notices of non-responsibility in or upon the Premises as provided by Applicable Laws. Tenant shall obtain all necessary permits and construct all Alterations in a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consultinggood and workmanlike manner, and construction fees incurred by or on behalf of Landlord for in full compliance with Applicable Laws. In addition, Alterations shall be constructed in accordance with the review and approval of Xxxxxx's plans and specifications and approved by Landlord. Tenant shall obtain the prior written approval from Landlord for Tenant’s contractors before the monitoring commencement of construction any Alterations. Tenant’s contractor for any Alterations shall maintain all of the insurance reasonably required by Landlord, including, without limitation, commercial general liability, builders risk, and workers’ compensation insurance. All Alterations shall remain the property of the Tenant and Tenant shall be solely liable for all Alterations. If Notwithstanding the foregoing, in the event Tenant abandons the Premises, Landlord consents may, at its sole discretion, elect that some or all Alterations shall become the property of the Landlord to the extent permitted by law or restore the Premises to its condition prior to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall Alterations (whether or not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixturespermitted hereunder), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition entirely at Tenant's ’s sole cost and expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this Lease.

Appears in 1 contract

Samples: Ground Lease Agreement (Imaging3 Inc)

Alterations. Tenant Borrower shall not make any Alterations without the obtain Lxxxxx’s prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with alterations to any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant Improvements, which consent shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's be unreasonably withheld or delayed; provided, however, Lxxxxx’s consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit not be required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred alteration performed by or on behalf of Landlord for any Tenant, subtenant or licensee that does not require the review and approval consent of Xxxxxx's plans and specifications and for Borrower (as landlord) under the monitoring of construction of applicable Lease. Notwithstanding the Alterations. If Landlord consents foregoing, Lender’s consent shall not be required in connection with any alterations that will not have a material adverse effect on Borrower’s financial condition, Borrower’s ability to perform its obligations under the making Loan Documents or the value of any AlterationIndividual Property, provided that such alterations are made in connection with (a) tenant improvement work performed pursuant to or in accordance with the terms of any Lease executed on or before the date hereof (or, after the date hereof, which are approved or deemed approved or which do not require Lender approval hereunder), (b) tenant improvement work performed pursuant to or in accordance with the terms and provisions of a Lease and not materially and adversely affecting any structural component of any Improvements, any utility or HVAC system contained in any Improvements or the exterior of any building constituting a part of any Improvements (unless the Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor is obligated to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consentor repair any structural components of any Improvements pursuant to its Lease), Tenant shall not use any portion of the Common Access Area (c) alterations performed in connection with the making Restoration of any AlterationsIndividual Property after the occurrence of a Casualty or Condemnation in accordance with the terms and provisions of this Agreement, (d) alterations required to comply with Legal Requirements or the terms of the Loan Documents or (e) alterations the aggregate cost of which is less than the Threshold Amount. Notwithstanding anything to the contrary set forth in this Section 5.1.21, Lxxxxx’s consent shall not be required in connection with the FCA Fire Protection Work. If the Alterations which Tenant causes total unpaid amounts due and payable by Borrower with respect to be constructed result in Landlord being required alterations to make the Improvements with respect to an Individual Property or any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures portion thereof (other than unattachedsuch amounts to be paid or reimbursed by Tenants under the Leases or paid with insurance or condemnation proceeds or reserves established pursuant to the Loan Documents) shall at any time exceed the Threshold Amount, movable trade fixturesBorrower shall promptly deliver to Lender as security for the payment of such amounts and as additional security for Borrower’s obligations under the Loan Documents any of the following: (A) cash, (B) U.S. Obligations, (C) other securities having a rating reasonably acceptable to Lender and that, at Lender’s option (if a Securitization has occurred), which are made the applicable Rating Agencies have confirmed in writing will not, in and of itself, result in a downgrade, withdrawal or installed qualification of the initial, or, if higher, then current ratings assigned to any Securities or any class thereof in connection with any Securitization or (D) a completion and performance bond or an irrevocable Letter of Credit (payable on sight draft only) issued by either party upon a financial institution having a rating by S&P of not less than “A-1+” if the Leased Premises term of such bond or Letter of Credit is no longer than three (3) months or, if such term is in excess of three (3) months, issued by a financial institution having a rating that is reasonably acceptable to Lender and that, at Lxxxxx’s option (if a Securitization has occurred), the applicable Rating Agencies have confirmed in writing will not, in and of itself, result in a downgrade, withdrawal or qualification of the initial, or, if higher, then current ratings assigned to any Securities or class thereof in connection with any Securitization. Such security shall remain upon be in an amount equal to the excess of the total unpaid amounts with respect to alterations to the Improvements on the Property (or any portion thereof) by Borrower (other than such amounts to be paid or reimbursed by Tenants under the Leases) over the Threshold Amount and be surrendered with the Leased Premises and become the property of Landlord Lender may apply such security from time to time at the termination option of this Lease, unless Landlord requests their removal, in which event Tenant Lender to pay for such alterations. Lender shall remove return such security to Borrower when the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord remaining cost for the expenses incurred for removal of applicable alteration triggering the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive security is reduced below the termination or expiration of this LeaseThreshold.

Appears in 1 contract

Samples: Loan Agreement (Global Net Lease, Inc.)

Alterations. Tenant shall may make interior, non-structural alterations in the Premises which do not affect building systems and which do not exceed Twenty-Five Thousand Dollars ($25,000) ("Permitted Alterations") without Landlord's consent. Tenant may not make any alterations which are not Permitted Alterations ("Other Alterations") without the Landlord's prior written consent of Landlordor approval, except for the installation of unattachedwhich consent or approval shall not be unreasonably withheld, movable trade fixtures which may conditioned or delayed. All alterations made by Tenant shall be installed without drillingmade at Tenant's sole cost and expense, cutting including all costs and expenses incurred in obtaining any required governmental consents, permits or otherwise defacing the Leased Premisesapprovals. Tenant shall furnish complete plans may perform all alterations with contractors and specifications subcontractors of Tenant's own choosing. Landlord will cooperate with Tenant's efforts to Landlord for its approval at the time it requests Landlord's consent obtain any governmental permits or approvals or consents required therefor. Prior to performing any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Other Alterations, Tenant shall deliver furnish Landlord with plans and specifications, which shall be subject to Landlord's prior written approval, which shall not be unreasonably withheld, conditioned or delayed. Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). shall notify Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) business days after receipt of such plans and specifications if Landlord does not approve of them and shall specify what it finds unacceptable. In such event, Tenant shall cause the plans and specifications to be revised to remove or correct the work not approved by Landlord and shall resubmit revised plans and specifications for approval. If the Landlord does not notify Tenant of its objections within ten (10) business days after receiving the plans and specifications, Landlord shall be deemed to have approved them. Tenant shall construct all alterations in accordance with the plans and specifications approved by Landlord's bill, using new and such obligation first-class materials and in compliance with all applicable laws, rules, regulations and orders of governmental authorities. Tenant shall survive obtain and furnish Landlord with copies of all certificates, permits and approvals relating to the termination alterations that may be required by any governmental authority for the issuance of a certificate of occupancy or expiration other approval of this Leasethe Premises, or by the local or national Board of Fire Underwriters or similar bodies having jurisdiction.

Appears in 1 contract

Samples: Lease (Anc Rental Corp)

Alterations. Tenant shall agrees that it will not make any Alterations without structural alterations, improvements, additions, repairs, or changes to the prior written consent interior or exterior of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting Premises or otherwise defacing non-structural changes to the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure exterior of the Building or during the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing Term of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 this Lease without in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After each instance obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, which consent may be withheld in the sole and absolute discretion of Landlord. Tenant agrees that it will not make any non-structural alterations, additions, repairs or changes to the interior of the Building, during the Term of this Lease, without in each instance obtaining Landlord's prior written consent, which shall not be unreasonably withheld or delayed. Together with each request for consent, Tenant shall present to Landlord reasonably detailed plans and specifications for such proposed alterations, improvements, additions, repairs or changes; provided, however, approval of such plans and specifications by Landlord shall not use constitute any portion assumption of responsibility by Landlord for their accuracy or sufficiency, and Tenant shall be solely responsible for such items. All alterations, improvements, additions, repairs or changes shall be done either by or under the direction of Landlord, but at the expense of Tenant; provided, however, Landlord shall only engage contractors which are competitively prices and reasonably available to complete the proposed alterations, improvements, additions or changes. All alterations, improvements, additions, repairs or changes made by Tenant, shall, unless Landlord gives notice to Tenant to remove the same, remain upon the Premises at the expiration or earlier termination of the Common Access Area in connection with the making Term of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant this Lease and shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at immediately upon installation thereof. The same shall remain the termination property of this Lease, Landlord (without any obligation of Landlord to pay compensation therefor) unless Landlord requests their removalgives Tenant written notice to remove any or all of the aforesaid, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for such of the same as may be specified in Landlord's notice to Tenant, even if located outside the Leased Premises. and Tenant shall pay Landlord for promptly restore the expenses incurred for removal Premises to the same good order and condition as it was at the commencement of the Cable Term of this Lease except (i) to the extent the Premises is not required to be repaired and/or maintained by Tenant, and (ii) damage by fire or other casualty. Should Tenant fail to do so, Landlord may do so, collecting, at Landlord's option, the cost and expense thereof from Tenant, as Additional Rent, within fifteen ten (1510) business days after receipt of Landlord's bill’s written demand therefor. Landlord consent shall not be required for non-structural alterations such as partitions, painting, decorating and such obligation shall survive the termination or expiration of this Leasealterations not exceeding Five Thousand Dollars ($5,000.00).

Appears in 1 contract

Samples: Lease Agreement (Vaccinogen Inc)

Alterations. Except as permitted under Section 12, supra, Tenant shall agrees that it will not make any Alterations without alterations (whether structural or otherwise), improvements, additions, repairs, or changes to the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting interior or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure exterior of the Building or Premises during the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing Term of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 this Lease without in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After each instance obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent. Together with each request for consent, Tenant shall present to Landlord reasonably detailed plans and specifications for such proposed alterations, improvements, additions, repairs or changes; provided, however, approval of such plans and specifications by Landlord shall not use constitute any portion assumption of responsibility by Landlord for their accuracy of sufficiency, and Tenant shall be solely responsible for such items. All alterations, improvements, additions, repairs, or changes shall be done either by or under the direction of Landlord, but at the expense of Tenant. All alterations, improvements, additions, repairs, or changes made by Tenant, shall, unless Landlord gives notice to Tenant to remove the same, remain upon the Premises at the expiration or earlier termination of the Common Access Area in connection with Term of this Lease and shall become the making Property of any AlterationsLandlord immediately upon installation thereof. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises The same shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination (without any obligation of this Lease, Landlord to pay compensation therefor) unless Landlord requests their removalgives Tenant written notice to remove any or all of the aforesaid, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for such of the same as may be specified in Landlord's notice to Tenant, even if located outside the Leased Premises. and Tenant shall pay Landlord for promptly restore the expenses incurred for removal Premises to the same good order and condition as it was at the commencement of the Cable within fifteen Term of this Lease except (15i) days after receipt to the extent the Premises is not required to be repaired and/or maintained by Tenant and (ii) damage by fire or other casualty to the extent there is actually paid to Landlord, to repair any damage to the Premises, sufficient net proceeds for policies of Landlord's bill, insurance which Tenant is obligated to provide and such obligation shall survive to maintain under the termination or expiration provisions of this Lease. Should Tenant fail to do so, Landlord may do so, collecting, at Landlord's option, the cost and expense thereof from Tenant, as Additional Rent, upon demand. Notwithstanding anything above, in Section 17 or elsewhere in this Lease to the contrary, Landlord hereby permits Tenant to remove at the end of the lease term, and as long as Tenant is not then in default or breach of any material provision in this Lease, any non-structural improvements, provided that Tenant and/or any Subtenant shall in each and every instance of removal reasonably repair and restore the Premises to its functional shell condition.

Appears in 1 contract

Samples: Lease Agreement (Osiris Therapeutics Inc)

Alterations. Tenant Except for the “Permitted Alterations”, Subtenant shall not make any Alterations alterations, additions, modifications or improvements to the Subleased Premises without the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased PremisesSublandlord. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents Any alterations to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Subleased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Sublandlord and Landlord and shall remain upon and shall be surrendered with the Subleased Premises at the termination or expiration of this Sublease, without credit molestation or compensation injury, unless Sublandlord and/or Landlord consents in writing to TenantSubtenant’s removal of such alterations and thereupon, Subtenant repairs any damage or injury caused thereby in a good workmanlike manner. Landlord reserves All alterations, additions, modifications or improvements by Subtenant or the right removal thereof, shall be free from all liens and encumbrances and shall be made in compliance with all applicable laws and regulations. Subtenant hereby agrees to remove at Tenant's expense defend, indemnify and hold harmless, Landlord, Sublandlord and its Affiliates (as hereinafter defined) from and against any such liens, encumbrances and violations of laws and regulations and any and all Cable installed claims, suits, liabilities, damages, penalties, losses, costs or expenses (including attorney’s fees) which may be imposed upon, incurred by or for Tenant, even if located outside asserted against Sublandlord and/or the Leased Premises. Tenant shall pay Landlord for Affiliates with respect thereto and the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation indemnity given hereby shall survive the termination or expiration of this LeaseSublease. The term “Permitted Alterations” means those alterations made to the Premises as described on Exhibit “__” attached hereto. Subtenant agrees to remove all Permitted Alterations prior to expiration of the Sublease and return the premises to its original condition. Landlord approved Permitted Alterations, provided Sublandlord causes Subtenant to remove Permitted Alterations prior to the expiration of the Sublease. 9.

Appears in 1 contract

Samples: Sublease Agreement (Probe Manufacturing Inc)

Alterations. Tenant shall not make any Alterations installations, alterations or additions ("Alterations") in or to the Premises without submitting plans and specifications ("Tenant's Plans") to Landlord and securing the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting Landlord in each instance. Landlord will not unreasonably withhold condition or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's delay consent to any Alterations if the desired Alteration EXCEPT, HOWEVER, that Landlord may withhold its consent in its sole and absolute discretion to any Alterations: , which will (ia) will alter or affect the structure any portion of the Building Building's mechanical systems, service systems, structural components, facade, roof, or foundation; (b) detract from the HVAC use or other systems serving character of the Leased Building; (c) require amendment of any certificate of occupancy for the Premises or the Building; (d) interfere with the use or (ii) will require occupancy of Landlord or any other tenant in the filing of plans and specifications with any Governmental or quasi-governmental agency or authorityBuilding; or (iiie) will cost more than $10,000 require the consent of any insurer under any required insurance or any other policy of insurance covering the Building. Xxxxxxxx agrees to review and either approve or disapprove (and noting with such disapproval the specific items not approved) Tenant's Plans within ten (10) business days of Landlord's receipt of a complete set of Tenant's Plans. In the event Tenant's Plans are disapproved, Tenant shall revise and resubmit Xxxxxx's Plans expeditiously and Landlord shall review the same and notify the Tenant of its approval or disapproval within five (5) business days thereafter in any calendar year the same manner as required for the initial submittal. Xxxxxxxx's approval shall not be unreasonably withheld conditioned or delayed. Xxxxxxxx's authorized representative (but "Landlord's Representative") for the purpose of Xxxxxx's deliveries or to communications to Landlord shall be the Building General Manager, at the management office located in the Building. Tenant shall not artificially split commence any work in the Premises until Tenant's Plans have been approved. Such Alterations shall be done at the sole cost and expense of Tenant by contractors employed by Tenant, subject to Landlord's approval as to the qualifications of such contractor (which shall not be unreasonably withheld conditioned or delayed) and subject to all conditions Landlord may impose including, conditions which will assure Landlord that all work will be performed lien free, that adequate insurance coverage is provided, and that all contractors (and all subcontractors) employed by Tenant shall agree to employ only such labor as will not result in jurisdictional disputes or strikes or cause disharmony with other workers employed at the Building. All Alterations shall be constructed in a good and workmanlike manner and only new and good grades of material shall be used, and shall comply with all insurance requirements, and with all Laws. Tenant shall promptly pay Tenant's contractors for such Alterations. Tenant shall permit Xxxxxxxx's Representative (and an architect or engineer designated by Landlord) to observe all construction operations within the Premises performed by Xxxxxx's contractor, provided that no supervision fee shall be charged by Landlord other than reimbursement of Landlord's direct out-of-pocket costs. Such observation by persons on behalf of Landlord shall be solely and only for the benefit of Landlord. Tenant shall pay to the Landlord the cost of Alterations into separate phases any materials purchased from Landlord at Landlord's actual invoice cost for said items or the cost of any labor of employees of Landlord performing work or providing service to Tenant, based on Landlord's customary charges. Tenant shall not be charged for hoisting. No silence or statement by any person acting on behalf of Landlord shall be deemed or construed as an assumption by said persons or Landlord of any responsibility for or in order relation to avoid the $10,000 limitation)construction of the Premises or any guarantee that the work completed within the Premises complies with Laws, complies with Xxxxxx's Plans, or is suitable or acceptable to the Tenant for Tenant's intended business purposes. After obtaining Xxxxxxxx's consent The cost of all work necessary to build out all of the Premises (including, but not limited to, all labor, material, permits and working drawings and design costs) shall, be the responsibility of Tenant, except for any required contribution of Landlord expressly provided for in this Lease. Tenant shall furnish to Landlord prior to commencement of Alterations, all building permits (or other documentation required by the AlterationsCity of Chicago to commence work) and other permits and certificates required by any Government Entity in connection with the Alterations and all certificates of required insurance and bonds, and within thirty (30) days of completion of any Alteration, any building or other permits not previously furnished, "as built" plans and specifications, if any, contractor's affidavits and full and final waivers of lien covering all labor and material expended and used. If Tenant has applied for a building permit but one has not been issued by the time work must commence solely due to delays in the City of Chicago Building Department review process, Tenant shall provide self-certification to Landlord as permitted under applicable City of Chicago codes and ordinances and furnish Landlord a copy of the permit when received. Tenant shall hold Indemnitee harmless from all claims, costs, damages, liens and expenses which may arise out of or be connected in any way with said installations, alterations or additions. If the estimated cost of any Alteration exceeds one hundred thousand dollars ($100,000.00), before commencing any work with respect to such Alteration, Tenant shall deliver to Landlord any building permit required the following, at Tenant's sole expense, each in form satisfactory to Landlord and each issued by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor an insurer previously approved in writing by Landlord: insurance policies for each contractor for coverage and amounts reasonably satisfactory to Landlord which policies shall name the parties set forth in Section 25C as additional insureds. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes cause all work to be constructed result in Landlord being required undertaken under the supervision of a licensed architect or licensed professional engineer reasonably satisfactory to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this Lease.

Appears in 1 contract

Samples: Exhibit Number (Northern Trust Corp)

Alterations. A. Tenant, following the delivery of the Expansion Space by Landlord and the full and final execution and delivery of the Amendment to which this Exhibit is attached shall have the right to perform alterations and improvements in the Premises (the “Initial Alterations”). Notwithstanding the foregoing, Tenant and its contractors shall not make any have the right to perform Initial Alterations without the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection Premises unless and until Tenant has complied with all of the terms and conditions of Article IX of the Lease (with the making exception of any the construction management fee paid to Landlord which Landlord agrees to waive unless such service is provided as described below in paragraph B), including, without limitation, approval by Landlord of the final plans for the Initial Alterations and the contractors to be retained by Tenant to perform such Initial Alterations. Tenant shall be responsible for all elements of the design of Tenant’s plans (including, without limitation, compliance with law, functionality of design, the structural integrity of the design, the configuration of the premises and the placement of Tenant’s furniture, appliances and equipment), and Landlord’s approval of Tenant’s plans shall in no event relieve Tenant of the responsibility for such design. If Landlord fails to approve, disapprove or request modifications to Tenant’s final plans for the Initial Alterations which or any modifications thereto within 5 business days after Landlord’s receipt of all information needed by Landlord to properly review Such plans or modifications, then such plans or modifications, as applicable, shall be deemed approved by Landlord. Landlord’s approval of the contractors to perform the Initial Alterations shall not be unreasonably withheld. Landlord hereby approves of the following contractors: Xxxx-Xxxxxxx, Cadence XxXxxx, Constructors and Xxxxxx Construction. So long as Tenant causes uses one of the aforementioned contractors, Landlord will not require that Tenant or the selected contractor obtain a payment and performance bond for the Initial Alterations. The parties agree that Landlord’s approval of a contractor not mentioned above to perform the Initial Alterations shall not be considered to be constructed result in Landlord being unreasonably withheld if any such general contractor (i) does not have trade references reasonably acceptable to Landlord, (ii) does not maintain insurance as required pursuant to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination terms of this Lease, unless Landlord requests their removal(iii) does not have the ability to be bonded for the work in an amount of no less than 150% of the total estimated cost of the Initial Alterations, (iv) does not provide current financial statements reasonably acceptable to Landlord, or (v) is not licensed as a contractor in the state/municipality in which event the Premises is located. Tenant shall remove acknowledges the same and restore the Leased Premises foregoing is not intended to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor an exclusive list of the Leased Premises is reasons why Landlord may reasonably withhold its consent to a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this Leasegeneral contractor.

Appears in 1 contract

Samples: Fourth Amendment (Behringer Harvard Opportunity REIT I, Inc.)

Alterations. Tenant shall not make and Subtenant acknowledge that any Alterations without the prior written consent of Landlordadditions, except for the installation of unattachedalterations, movable trade fixtures which may demolitions or improvements to be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area performed in connection with the making of any Alterations. If the Alterations which Tenant causes to Sublease shall be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred first approved by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered accordance with the Leased Premises Lease and become subject to all of the property terms and conditions of the Lease. Without limitation, Landlord at acknowledges that Subtenant plans to install new carpet and paint throughout the termination Subleased Premises, subject to Landlord’s approval in accordance with the Lease and subject to all of this the terms and conditions of the Lease, unless Landlord requests their removal, and subject to Sublandlord’s approval in which event Tenant shall remove accordance with the same Sublease and restore the Leased Premises subject to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor all of the Leased Premises is a permanent fixture terms and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal conditions of the Cable within fifteen Sublease. Within thirty (1530) days after receipt of an invoice from Landlord's bill, Tenant shall pay to Landlord as a fee for Landlord’s review of any work or plans in connection with the Sublease, as Additional Rent, an amount equal to the sum of: (i) $150.00 per hour for senior staff and $100.00 per hour for junior staff, plus (ii) third party expenses incurred by Landlord to review such obligation plans and work. Upon the expiration or earlier termination of the Sublease, at Landlord’s option, Tenant and Subtenant shall survive at their expense remove all such additions, alterations and improvements and restore the termination Premises to its original condition. All contractors, vendors and service providers requiring access to the Subleased Premises or expiration the Building shall be subject to Landlord’s prior and continuing review and approval with respect to insurance, security and operational matters. Solely between Tenant and Subtenant, the provisions of this Leasethe Sublease (including without limitation Section 17) shall control and determine their respective responsibility for removal or restoration of any improvement or alteration in the Subleased Premises.

Appears in 1 contract

Samples: Sublease (Stealth BioTherapeutics Corp)

Alterations. Section 10.1 Tenant shall not at any time during the Term make any Alterations alterations (including “Specialty Alterations” defined below) to the Premises without the prior first obtaining Landlord’s written consent of Landlordthereto, except for the installation of unattachedwhich consent Landlord shall not unreasonably withhold or delay; provided, movable trade fixtures which may however, that Landlord shall not be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications deemed unreasonable by refusing to Landlord for its approval at the time it requests Landlord's consent to any Alterations if alterations which are visible from the desired Alterations: (i) will affect the structure exterior of the Building or the HVAC Project including but not limited to signage, which will or other systems serving are likely to cause any weakening of any part of the Leased Premises structure of the Premises, the Building or the Project or which will or are likely to cause damage or disruption to the Central Building systems or which are prohibited by any underlying ground lease or mortgage. “Specialty Alterations” are defined as alterations consisting of kitchens, executive bathrooms, raised computer floors, computer, telephone and telecommunications wiring and cabling in the Premises and Building; , computer installations, supplemental air conditioning systems, safe deposit boxes, vaults, libraries or (ii) will require file rooms requiring reinforcement of floors, internal staircases, conveyors, dumbwaiters, and other alterations of a similar character which Landlord designates as Specialty Alterations by written notice delivered to Tenant when Landlord approves Tenant’s plans containing such alterations. Should Tenant desire to make any alterations to the filing of Premises, Tenant shall submit all plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver for such proposed alterations to Landlord for Landlord’s review before Tenant allows any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consultingsuch work to commence, and construction fees incurred by Landlord shall promptly approve or on behalf of Landlord for the review and approval of Xxxxxx's disapprove such plans and specifications and for the monitoring of construction any of the Alterations. If Landlord consents to the making of reasons set forth in this Section 10.1 or for any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing other reason reasonably deemed sufficient by Landlord. Tenant shall require its contractor select and use only contractors, subcontractors or other repair personnel from those listed on Landlord’s approved list maintained by Landlord in the Project management office. Upon Tenant’s receipt of written approval from Landlord and any required approval of any mortgagee or lessor of Landlord, and upon Tenant’s payment to maintain insurance in Landlord of the reasonable costs incurred by Landlord for such amounts review and in such form as Landlord may require. Without approval (including a reasonable fee for the actual time spent by employees of Landlord's prior written consent), Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves have the right to remove proceed with the construction of all approved alterations, but only so long as such alterations are in strict compliance with the plans and specifications so approved by Landlord and with the provisions of this Article 10. All alterations shall be made at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, ’s sole cost and such obligation shall survive the termination or expiration of this Leaseexpense.

Appears in 1 contract

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

Alterations. Tenant shall not make any Alterations without alterations to the prior written consent of LandlordPremises, except for or to the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any AlterationsProject, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents any changes to the making of any Alterationexisting landscaping, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without without Landlord's prior written consent, Tenant provided that Landlord's consent shall not use any portion be required for alterations costing less than $5,000 that are not affixed to the Premises and do not affect building structure or building systems. If Landlord gives its consent to such alterations, Landlord may post notices in accordance with the laws of the Common Access Area state in connection with which the making of any Alterationspremises are located. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any Any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon on and be surrendered with the Leased Premises and become the property of Landlord at the upon expiration or termination of this Lease, unless except that Landlord requests their removalmay, in within 30 days before or 30 days after expiration of the term, elect to require Tenant to remove any alterations which event Tenant may have made to the Premises. Tenant may accompany a request for Xxxxxxxx'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 remove the same and restore the Leased Premises to their original the condition at 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 expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor alteration of the Leased Premises is Premises, Tenant shall contract with a permanent fixture contractor approved by Landlord for the construction of such alterations, shall secure all appropriate governmental approvals and permits, and shall become complete such alterations with due diligence in compliance with plans and specifications approved by Landlord. All such construction shall be performed in a manner which will not interfere with the property quiet enjoyment of Landlord without credit or compensation to Tenant. Landlord reserves other tenants of the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased PremisesProject. Tenant shall pay Landlord all costs for such construction and shall keep the expenses incurred for removal Premises and the Project free and clear of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this Leaseall mechanics' liens which may result from construction by Tenant.

Appears in 1 contract

Samples: Lease (Tripath Imaging Inc)

Alterations. Tenant shall not make any Alterations alterations, additions or improvements to the Premises (collectively, the “Alterations”) without the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises, and Alterations that both (i) have an aggregate cost not in excess of $20,000, and (ii) do not require a construction permit. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's ’s consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building Building’s Systems or the HVAC or other systems serving the Leased Premises or the Building’s Structure; or (ii) will require the filing of plans and specifications with any Governmental governmental or quasi-governmental agency or authority; or (iii) will cost more than in excess of Ten Thousand Dollars ($10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation10,000.00). After Subsequent to obtaining Xxxxxxxx's Landlord’s consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable applicable Law and a copy of the executed construction contract(s). Tenant shall (a) reimburse Landlord within ten (10) days after the rendition of a bill xxxx for all of Landlord's ’s actual and reasonable out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's Tenant’s plans and specifications and Tenant shall pay Landlord’s designated construction manager for the monitoring of construction Building (herein called “Landlord’s Construction Manager”) a general supervision fee as compensation for general oversight and coordination by Landlord’s Construction Manager equal to three percent (3%) of the aggregate cost of such Alterations (but not in any event greater than $10,000 per Alterations project). Prior to commencing such Alterations, Tenant (i) shall furnish Landlord with an estimate of the cost of such Alterations (which estimate shall be subject to Landlord’s reasonable review and approval), and (ii) shall pay to Landlord’s Construction Manager the estimated amount of the general supervision fee described in the preceding sentence (which amount shall be adjusted upon completion of the Alterations to reflect the actual cost thereof, any excess general supervision fee previously paid to be promptly refunded to Tenant). If Landlord consents to the making of any Alteration, such Alteration shall be made by Tenant shall make the Alteration at its Tenant’s sole cost and expense using by a contractor approved in writing by Landlord. Landlord shall be entitled to require Tenant to use Landlord’s designated contractors for any part of such Alteration affecting the Building’s Systems. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may reasonably require. Without Landlord's ’s prior written consent, Tenant shall not use any portion of the Common Access Area Areas either within or without the Project or Complex, as applicable, in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or and/or improvements to other portions of the Building Project or CR Project ParcelComplex, as applicable, in order to comply with any Applicable applicable Laws, then Tenant shall reimburse Landlord on upon demand for all costs and expenses incurred by Landlord in making such alterations or and/or improvements, provided Landlord has advised Tenant in writing at the time Landlord consents to said Alterations of such required alterations and/or improvements and the costs and expenses associated with same. All Any Alterations made by Tenant shall become the property of Landlord upon installation and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon on and be surrendered with the Leased Premises and become upon the property of Landlord at the expiration or sooner termination of this Lease, unless such Alterations require Landlord’s approval and at the time such approval is granted Landlord requests their removalnotifies Tenant that Landlord shall require the removal thereof at the expiration or sooner termination of this Lease. Notwithstanding the foregoing, in which event unless Landlord notifies Tenant prior to the expiration or earlier termination of the Lease that removal is not required, Tenant shall in any event be required to remove Cable (as defined in Section 8(b) below). With respect to such required removal of any such Alterations, Tenant shall at its sole cost and expense, forthwith and with all due diligence (but in any event not later than ten (10) days after the same expiration or earlier termination of the Lease) remove all or any portion of any Alterations made by Tenant which are designated by Landlord to be removed and repair and restore the Leased Premises in a good and workmanlike manner to their original condition at Tenant's expensecondition, reasonable wear and tear excepted. Any linoleumAll construction work done by Tenant within the Premises shall be performed in a good and workmanlike manner with new materials of first-class quality, carpeting lien-free and in compliance with all Laws and insurance requirements, and in such manner as to cause a minimum of interference with other construction in progress and with the transaction of business in the Project or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for TenantComplex, even if located outside the Leased Premisesas applicable. Tenant shall pay agrees to indemnify, defend and hold Landlord for the expenses incurred for removal of the Cable within fifteen harmless from and against any and all loss, liability, damage cost or expense (15including, without limitation, attorney’s fees and disbursements and court costs) days after receipt of Landlord's bill, and resulting from such obligation work. The foregoing indemnity shall survive the expiration or earlier termination or expiration of this Lease. Landlord’s consent to or approval of any alterations, additions or improvements (or the plans therefor) shall not constitute a representation or warranty by Landlord, nor Landlord’s acceptance, that the same comply with sound architectural and/or engineering practices or with all applicable Laws and insurance requirements, and Tenant shall be solely responsible for ensuring all such compliance. Subject to Landlord’s review and approval rights set forth above (which approval shall not be unreasonably withheld, conditioned or delayed so long as proposed renovations are, as reasonably determined by Landlord, consistent with those that Landlord is completing in other common bathrooms at the Project), Tenant shall be entitled to renovate the bathrooms located in the Premises in a manner and style desired by Tenant.

Appears in 1 contract

Samples: Office Lease Agreement (Kid Brands, Inc)

Alterations. Tenant may construct and install alterations, additions and improvements (collectively, “Alterations”) on, in and to the Premises without Landlord’s prior approval (but on at least ten (10) days prior written notice to Landlord), provided that such Alterations (i) do not affect the exterior of the Buildings, (ii) do not adversely affect the structural portions of the Premises (the “Building Structure”), the roof, or the Building Systems, (iii) comply with all applicable Laws, and (iv) do not exceed [****] for any given project (any such Alterations that do not require Landlord’s consent are “Permitted Alterations”). For the avoidance of doubt, notice shall not be required with respect to installation of any equipment unless such equipment constitutes a fixture. B. Approval of Alterations Affecting the Building Structure. If Tenant desires to make any Alterations without the prior written consent of Landlordthat are not Permitted Alterations, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete first obtain Landlord’s written consent, which shall not be unreasonably withheld, conditioned or delayed, and, if Landlord does not notify Tenant in writing of its reasonable disapproval of any such Alterations within ten (10) business days following Tenant’s written request for approval and delivery to Landlord of the proposed plans and specifications for such Alterations, then the failure of Landlord to respond within ten (10) business days after receipt of such written request shall be deemed to be Landlord’s approval of Tenant’s proposed Alterations. Any disapproval by Landlord of all or any portion of Tenant’s proposed Alterations shall include a specific description of the portion of the work so disapproved and the reason(s) for such disapproval. Thereafter, Tenant may resubmit to Landlord another request for approval of such previously disapproved portion of the work and Landlord shall have five (5) business days from the date of Tenant’s request to respond, failing which such non-responsiveness by Landlord within the required time period shall be Landlord’s deemed approval. Landlord may impose, as a condition of its approval at the time it requests Landlord's consent to any Alterations if such requirements as Landlord in its reasonable discretion may deem desirable. Xxxxxxxx also have the desired Alterations: right to notify Tenant at the time of consent to any Alterations that Tenant must remove such Alterations at the end of the Lease Term and repair any damage caused thereby. For any Alterations other than Permitted Alterations Landlord shall have the right to approve Tenant’s general contractor, provided that (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or such approval shall not be unreasonably withheld, and (ii) will require Landlord hereby approves the filing of plans and specifications with general contractors set forth on Exhibit D attached hereto. If Lessee performs any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split work on the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement roof of the AlterationsBuildings (including without limitation installation and maintenance of any solar panels installed by Lessee), Tenant Lessee shall deliver require its contractor to Landlord any building permit required by Applicable Law and a copy comply with the terms of the executed construction contract(s)existing roof warranty. Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual reasonable, actual, documented, out-of-pocket costs and expenses reasonably and actually incurred in connection with Landlord's review of any Alterations, including all management, engineering, outside consultingAlterations up to $5,000, and construction no other fees incurred by or on behalf of shall be payable to Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If Landlord pre-approves Tenant’s right to install as Alterations (i) a generator, and (ii) solar panels on the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions roof of the Building or CR Project ParcelBuildings, in order subject to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered Tenant’s compliance with the Leased Premises and become the property of Landlord at the termination terms of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Section 10 (including without limitation Landlord’s approval of Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or ’s plans for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this Leasework).

Appears in 1 contract

Samples: Lease (Instil Bio, Inc.)

Alterations. Tenant shall will not make or suffer to be made any Alterations without alterations in or additions to the prior Premises unless Tenant has obtained the advance written consent permission of Landlord. The permission, except for if given, will be subject to the installation express condition that no liens of unattachedmechanics, movable trade fixtures materialmen, suppliers, laborers, architects, artisans, contractors, subcontractors, or any other lien of any kind will be created or imposed upon the Premises, or any part. Tenant, if requested by Landlord, will furnish Landlord with plans and specifications, names and addresses of contractors, copies of contracts, necessary permits and indemnification in form and amount satisfactory to Landlord and waivers of lien against any and all claims, costs, damages, liabilities and expenses which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area arise in connection with the making alterations or additions. Whether or not Tenant furnishes Landlord the foregoing, Tenant will indemnify and hold Landlord harmless from any and all claims, expenses (including lawyers' fees), demands and liabilities which may arise out of or be connected in any Alterationsway with the alterations or additions. If Before beginning any work in connection with alterations or additions, Tenant, if requested by Landlord, will furnish Landlord with certificates of insurance from all contractors performing labor or furnishing materials insuring Landlord against any and all liabilities which may arise out of or be connected in any way with the Alterations which additions or alterations. Tenant causes to be constructed result in Landlord being required to make will pay the cost of the alterations and additions and the cost of decorating the Premises occasioned by the alterations and additions. Upon completing any alterations or improvements to other portions of the Building or CR Project Parceladditions, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of requested by Landlord's bill, and such obligation shall survive the termination or expiration of this Lease.will furnish

Appears in 1 contract

Samples: Fulcrum Direct Inc

Alterations. The Tenant shall has no rights to carry out any alterations, works or installations to the Premises unless it is expressly permitted to do so under this Clause 4.10. The Tenant may, with the Landlord's consent, carry out works to the Premises to install, alter or remove the shop front. The Tenant may install, alter and remove tenant's fixtures31 and carry out internal non-structural works to the Premises that will not make any Alterations have an adverse impact on the Environmental Performance of the Premises without the prior written consent Landlord's consent, but the Tenant must notify the Landlord promptly after completing those works. To enable those works to be carried out, the Tenant may drill fixing holes into the floors, ceilings, columns or walls of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. The Tenant shall furnish complete plans and specifications to Landlord for must comply with its approval at obligations in Part 5 of the time it requests Schedule when carrying out or installing any Permitted Works, whether or not the Landlord's consent is required for them.32 Where the Landlord's consent is expressly required under this Clause 4.10, the Landlord may impose requirements on the Tenant in addition to those contained in Part 5 of the Schedule when giving its consent. Signs and advertisements The Tenant must not display any signs or advertisements on the Premises other than: signs approved by the Landlord; normal trade signs displayed from within the Premises; or signage on the fascia of the Premises that indicates the Tenant's trading name in the style of and consistent with the Tenant's standard fascia signage. The Tenant must maintain either the visibility of the shop interior from the shop front or a window display in keeping with good retailing practice. The Tenant must keep the Premises adequately lit during [the usual trading hours for retail premises in the vicinity of the Premises] [such hours as the Landlord may stipulate]. Obligations at the End Date By the End Date the Tenant must have removed: all tenant's and trade fixtures and loose contents from the Premises; all Electronic Communications Apparatus and apparatus relating to Wireless Data Services installed by the Tenant or any sub-tenant at the Premises; all signage installed by the Tenant or any sub-tenant at the Premises; subject to Clause 4.12.3, all Permitted Works; and without affecting any other Landlord's rights, any works that have been carried out by the Tenant in breach of any obligation in this Lease. The Tenant must make good all damage to the Premises caused when complying with Clause 4.12.1 and restore them to the same configuration, state and condition as they were in before the items removed were originally installed. If, no more than [nine] months and no less than [two] months before the End Date, the Tenant serves formal notice on the Landlord in the form set out in Part 6 of the Schedule the only Permitted Works that the Tenant must remove under Clause 4.12.1(d) will be: those carried out before the date of the Tenant's notice that the Landlord requires to be removed by formal notice to the Tenant within [six] weeks of the Landlord receiving the Tenant's notice; and those carried out after service of the Tenant's notice; and any other Permitted Works need not be removed.33 At the End Date the Tenant must: give back the Premises (and the fixtures, plant and equipment in them) in good decorative order and in a state, condition and working order consistent with the Tenant's obligations in this Lease;34 give back the Premises with vacant possession; and hand to the Landlord any registers or records maintained by the Tenant pursuant to any Alterations if statutory duty that relate to the desired AlterationsPremises including any health and safety file, EPC and asbestos survey. If the Tenant has not removed all of its property from the Premises by the End Date and the Landlord gives the Tenant not less than five Business Days' notice of its intention to do so: (i) will affect the structure Landlord may dispose of that property as the agent of the Building or Tenant; the HVAC or other systems serving Tenant must indemnify the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with Landlord against any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement liability of the Alterations, Landlord to any third party whose property has been disposed of in the genuine but mistaken belief that it belonged to the Tenant; and the Landlord must pay to the Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy the proceeds of the executed construction contract(s)disposal after deducting the costs of transportation, storage and disposal incurred by the Landlord. User35 The Tenant shall reimburse Landlord within ten (10) days after must not use the rendition of Premises other than for the Permitted Use.36 The Tenant must not use the Premises: for any illegal activity; as a bill for all of Landlord's actual out-of-pocket costs incurred betting office[, an amusement arcade or in connection with gaming]37; or for any Alterationspolitical or campaigning purposes or for any sale by auction.38 The Tenant must not: keep in the Premises any plant, including all management, engineering, outside consulting, and construction fees incurred by machinery or on behalf of Landlord equipment (except that properly required for the review and approval Permitted Use) or any petrol or other explosive or specially flammable substance[ (other than petrol in the tanks of Xxxxxx's plans and specifications and vehicles parked in any parking spaces within the Premises)]; load or unload any vehicle unless it is in a loading area provided for that purpose; cause any nuisance or damage to the monitoring Landlord or to the owners, tenants or occupiers of construction any adjoining premises; overload any part of the Alterations. If Landlord consents Premises or any plant, machinery, equipment or Conducting Media; do anything that blocks the Conducting Media or makes them function less efficiently including any blockage to the making or corrosion of any Alterationdrains, pipes or sewers by virtue of any waste, grease or refuse deposited by the Tenant shall make or any cleaning of them carried out by the Alteration at its expense using a contractor approved in writing Tenant; or operate any apparatus so as to interfere with the lawful use of Electronic Communications Apparatus or the provision of Wireless Data Services on any adjoining premises. The Landlord does not warrant that the Permitted Use is, will be, or will remain lawfully permitted under the Planning Acts or the title deeds. The Tenant remains bound by Landlordthe Tenant's obligations under this Lease even if the use is not lawfully permitted under the Planning Acts. The Tenant shall require its contractor must not install or use Electronic Communications Apparatus or apparatus relating to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not Wireless Data Services within the Premises unless solely for use any portion of the Common Access Area in connection with the making lawful occupier's business at the Premises[. Landlord's consent must be obtained prior to installation]. [On each day that the Premises are open for trade, the Tenant must arrange the regular collection of any Alterationsof the Tenant's customer trolleys that have been left outside the Premises.]39 The Tenant must provide the Landlord with the names, addresses and telephone numbers of not fewer than two people who from time to time hold keys and any security access codes to the Premises and who may be contacted in an emergency if the Landlord needs access to the Premises outside the Tenant's normal business hours. If [The Tenant must not use any parking spaces forming part of the Alterations Premises: except for the parking of vehicles belonging to persons working at the Premises or any authorised visitors to the Premises; or for the repair, refuelling or maintenance of any vehicles.] The Landlord and the Tenant must comply with their obligations in Part 9 of the Schedule. Dealings with the Premises40 The Tenant must not assign, sub-let, charge, hold on trust, part with or share possession or occupation of the Premises in whole or in part, except as authorised under this Clause 4.14[ or Part 8 of the Schedule]. [The Tenant must not assign the Tenant's right to the whole of the Premises[ or sub-let the Tenant's right to the Premises in whole or in part] during the first three years of the Term.] The Tenant may, with the Landlord's consent, assign the Tenant's right to the whole of the Premises to a prospective tenant which is of sound financial standing and demonstrably capable of fulfilling the Tenant's obligations under this Lease41, except that: the Landlord may refuse consent to assign if the Tenant causes has not paid in full the Rent and all other sums due to the Landlord under this Lease that are not the subject of a legitimate dispute about their payment; the Landlord may refuse consent to assign in any other circumstances where it is reasonable to do so; and the Landlord may require any other condition to the Landlord's consent if it is reasonable to do so. [The provisions of Part 8 of the Schedule apply to sub-lettings of the Premises and the Tenant must comply with its obligations in that Part of the Schedule.] The Tenant may charge the Tenant's right to the whole of the Premises to a genuine lending institution without the Landlord's consent but the Tenant must notify the Landlord under Clause 4.15 of any charge created. In addition to the provisions of this Clause 4.14, the Tenant may share occupation of the Premises with a Group Company of the Tenant[, a Service Provider] or concessionaire on condition that: the Tenant notifies the Landlord of the identity of the occupier and the part of the Premises to be constructed result occupied; no relationship of landlord and tenant is created or is allowed to arise[ and the Premises retain the appearance of a retail unit in Landlord being required to make any alterations or improvements to other portions single occupation]; the sharing of occupation ends if the occupier is no longer a Group Company of the Building Tenant[, a Service Provider] or CR Project Parcel, in order to comply with a concessionaire; [and] the Tenant notifies the Landlord promptly when the occupation ends[; and at any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other time concessionaires occupy no more than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor [Insert percentage]% of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal sales area of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this LeasePremises in aggregate]42.

Appears in 1 contract

Samples: Lease

Alterations. Tenant shall not make any Alterations without alterations to the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents any changes to the making of any Alterationexisting landscaping, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without without Landlord's prior written consent, except for non-structural alterations that do not in the aggregate exceed Fifteen Thousand Dollars ($15,000.00) in any twelve (12) month period. As to any alterations made by Tenant, Tenant shall not use any portion notify Landlord of the Common Access Area in connection with nature of such alterations prior to the making commencement of any Alterationssuch alterations. Non-structural alterations include the construction and removal of interior non-load bearing walls. If the Alterations which Tenant causes Landlord gives its consent to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvementssuch alterations do not require Landlord's consent pursuant to the other provisions of this par14, Landlord may post notices in accordance with the laws of the state in which the Premises are located. All Alterations alterations made by Tenant, whether or not subject to the approval of Landlord, shall be performed by Tenant and fixtures (other than unattached, movable trade fixtures), which are its contractors in a first class workmanlike manner and permits and inspections shall be obtained from all required governmental entities. Any alterations made or installed by either party upon the Leased Premises shall remain upon on and be surrendered with the Leased Premises and become the property of Landlord at the upon expiration or termination of this Lease, unless except that Landlord requests their removalmay, in within thirty (30) days before or thirty (30) days after expiration of the Term, elect to require Tenant to remove some or all of the alterations which event Tenant may have made to the Premises. If Landlord so elects, Tenant shall remove the same and at its own cost restore the Leased Premises to their original the condition at 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 expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor alteration of the Leased Premises is Premises, Tenant shall contract with a permanent fixture contractor approved by Landlord for the construction of such alterations, shall secure all appropriate governmental approvals and permits, and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed complete such alterations with due diligence in compliance with plans and specifications approved by or for Tenant, even if located outside the Leased PremisesLandlord. Tenant shall pay Landlord all costs for such construction and shall keep the expenses incurred for removal Premises free and clear of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this Leaseall mechanics' liens which may result from construction by Tenant.

Appears in 1 contract

Samples: Media Arts Group Inc

Alterations. Except for non-structural and non-material Alterations that (i) do not exceed $60,000 in the aggregate in any fiscal year, (ii) do not affect any Building System or the structural portions of the Building, (iii) do not require penetrations into the roof of the Building, and (iv) do not require work on the roof of the Building, Tenant shall not make or permit any Alterations in or to the Premises without first obtaining Landlord’s consent, which consent shall not be unreasonably withheld. Landlord shall notify Tenant whether Landlord grants or denies its consent with ten (10) business days after receipt of Tenant’s consent request. If Landlord fails to notify Tenant that Landlord is or is not granting its consent to a Tenant Alterations consent request within the prior written stated time for response, then Landlord shall be deemed to have granted its consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premisesto Tenant’s Alteration request. Tenant shall furnish complete plans not be responsible for any type of Landlord supervision fee, including but not limited to, construction supervision and specifications to Landlord for its approval at the time it requests Landlord's consent to architectural plan review in connection with any Alterations if made to the desired Alterations: Premises unless the Alterations (i) will affect any Building System or the structure structural portions of the Building or the HVAC or other systems serving the Leased Premises or the Building; , or (ii) will require penetrations into the filing roof of plans and specifications with the Building. With respect to any Governmental Alterations made by or quasi-governmental agency or authority; or on behalf of Tenant that requires Landlord’s consent, (iiii) will cost more not less than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and 10 days prior to commencement of the Alterationscommencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord and any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consultingother associated or affiliated entity as their interests may appear as additional insureds, and construction fees incurred by or on behalf of Landlord for (ii) the review Alteration shall be constructed with new materials, in a good and approval of Xxxxxx's workmanlike manner, and in compliance with all Laws and the plans and specifications and for the monitoring of construction of the Alterationsdelivered to, and, if required above. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Any Alteration by Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, be the property of Tenant shall not use any portion until the expiration or termination of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred this Lease; at that time without payment by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises Alteration shall remain upon and be surrendered with on the Leased Premises Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. Landlord has the right to require Tenant to remove the Alterations at the expiration or termination of this Lease, unless Landlord requests their removalat the sole expense of Tenant. Upon the expiration or termination of this Lease, if required by Landlord, the Premises shall be returned to the condition in which event they were delivered to Tenant shall remove at the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor commencement of the Leased Premises is a permanent fixture term of the Existing Lease, normal wear and shall become tear excepted. Tenant may install its trade fixtures, furniture and equipment in the property Premises, provided that the installation and removal of them will not adversely affect any structural portion of the Property, any Building System or any other equipment or facilities of Landlord without credit serving the Building or compensation any occupant. Tenant’s obligations pursuant to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation this Section shall survive the expiration or termination or expiration of this Lease.

Appears in 1 contract

Samples: Lease Agreement (ArcLight Clean Transition Corp.)

Alterations. Tenant shall not make any Except for cosmetic Alterations without the prior written consent of Landlord(such as painting, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans wall covering and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: floor covering) that (i) will are not visible from the exterior of the Premises, (ii) do not affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or Building System, (iii) will cost more than $10,000 in any calendar year do not require penetrations into the floor, ceiling or walls, and (but iv) do not require work within the walls, below the floor or above the ceiling, Tenant shall not artificially split make or permit any Alterations in or to the cost Premises without first obtaining Landlord’s consent, which consent shall not be unreasonably withheld, conditioned or delayed. With respect to any Alterations made by or on behalf of Alterations into separate phases in order to avoid Tenant (whether or not the $10,000 limitation). After obtaining Xxxxxxxx's consent and Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencement of the Alterations, commencing any Alteration. Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any building permit required by Applicable Law and a copy of the executed construction contract(s). other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall reimburse obtain Landlord’s prior written approval of any contractor or subcontractor, which approval shall not be unreasonably withheld, conditioned or delayed, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, which approval shall not be unreasonably withheld, conditioned or delayed, and (iv) Tenant shall pay Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual reasonable out-of-pocket costs incurred and expenses in connection with any Alterations, including all management, engineering, outside consultingLandlord’s review of Tenant’s plans and specifications, and construction fees incurred by of any supervision or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction inspection of the Alterationsconstruction Landlord reasonably deems necessary. If Landlord consents to the making of any Alteration, Any Alteration by Tenant shall make be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with on the Leased Premises Property and become the property of Landlord at the termination of this Lease, unless Landlord requests their removalgives notice to Tenant to remove it, in which event Tenant shall will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the same and restore Alterations at the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting expiration or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not adversely affect any structural portion of the Property, any Building System or any other equipment or facilities serving the Building or any occupant.

Appears in 1 contract

Samples: Lease Agreement (Sourcefire Inc)

Alterations. Tenant shall not make any Alterations structural alterations or improvements in or additions ("Alterations") to the Premises or make any changes to locks on doors or add to, disturb or in any way change any of the wiring or plumbing in the Premises or the Building, without first obtaining the prior written consent of Landlord, except 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 installation Building and must be of unattacheda type, movable trade fixtures which 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 (including Tenant's Work) may be installed without drilling, cutting removed unless the same are promptly restored to a condition similar or otherwise defacing better. Landlord hereby reserves the Leased 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 furnish complete plans and specifications to give Landlord for its approval at ten (10) days' written notice of the time it requests Landlord's consent to commencement of any Alterations if and agrees to allow Landlord and its Lender to enter the desired Premises at reasonable times and post appropriate notices to avoid liability to contractors or material suppliers for payment for such Alterations: (i) will . Notwithstanding anything contained herein to the contrary, Tenant may make any nonstructural interior Alterations that do not adversely affect the structure value of the Premises, the structural integrity of the Building or any Building system without Landlord's consent. No Alterations shall adversely affect either the HVAC strength or other systems serving the Leased Premises exterior appearance, or the Building; mechanical, electric or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement plumbing services of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s)Building. Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred reasonable sums expended by or on behalf of Landlord for the review examination and approval of Xxxxxx's architectural or mechanical plans and specifications and for the monitoring of construction of the Alterations. If Tenant shall also reimburse Landlord consents for reasonable direct costs incurred during any inspection of the Alterations. All damages or injury done to the making Premises or Building by Tenant or by any persons who may be in or upon the Premises or Building with the express or implied consent of Tenant, including but not limited to the cracking or breaking of any Alterationglass of windows and doors, shall be paid for by Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for all damage to the expenses incurred for removal Building caused by negligent acts or omissions of the Cable within fifteen (15) days after receipt of LandlordTenant or Tenant's billofficers, and such obligation shall survive the termination contractors, agents, invitees, licensees, or expiration of this Leaseemployees.

Appears in 1 contract

Samples: Lease Agreement (Aptimus Inc)

Alterations. Tenant shall not make or allow to be made any Alterations alterations, additions or improvements (“Alterations”) to the Premises without obtaining the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation)be unreasonably withheld, conditioned or delayed. After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord the contractor’s name, state license number (if applicable), a certificate of liability insurance naming Landlord and, at Landlord’s option, Landlord’s Lender(s) as an additional insured, as well as full and complete plans and specifications of all such Alterations and any building permit required subsequent modifications or additions to such plans and specifications, and no proposed work shall be commenced or continued by Applicable Law Tenant until Landlord has received and a copy given its written approval of each of the executed construction contract(s)foregoing. Tenant Landlord shall reimburse either approve or disapprove any proposed Alteration within thirty ten (10) days following receipt of the applicable plans and specifications, and if Landlord fails to deliver notice of disapproval within ten (10) days after following receipt of the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's applicable plans and specifications and for the monitoring of construction of the Alterationsspecifications, Xxxxxxxx’s consent shall be deemed given. If Landlord consents to the making of Landlord’s consent or comments on any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant plans shall not use be deemed an express or implicit covenant or warranty that any portion of plans or specifications submitted by Tenant are accurate, safe or sufficient or that the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to same comply with any Applicable Laws, then ordinances, or building codes. Tenant shall reimburse will indemnify, protect, defend and hold Landlord on demand for all costs and expenses the Landlord Parties, and the Premises harmless for, from and against any loss, damage, liability, claims, cost or expense, including attorneys’ fees and costs, incurred by Landlord as a result of any defects in making such alterations design, materials or improvementsworkmanship resulting from Xxxxxx’s Alterations to the Premises. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon not permanently affixed to the Leased Premises shall remain upon and the property of Tenant until termination of this Lease, at which time they shall, unless otherwise elected by Landlord by written notice to Tenant, be surrendered with the Leased Premises and become the property of Landlord. At the expiration or termination of the Lease, Landlord at may require Tenant to remove any partitions, counters, railings, telephone and telecommunications lines, cables, conduits and equipment and/or other improvements installed by Tenant, and Tenant shall repair all damage resulting from such removal or shall pay to Landlord all costs arising from such removal if Landlord demands the removal of such improvements upon expiration or termination of this LeaseLease and Tenant fails to remove and repair the Premises prior to Tenant’s vacation thereof. All Alterations shall be done in a good and workmanlike manner and substantially in compliance with the plans and specifications approved by Landlord and in compliance with all applicable Laws and as-built plans and specifications shall be provided to Landlord by Tenant upon completion of the work. If required by Landlord, unless Landlord requests their removalTenant shall secure at Tenant’s own cost and expense a completion and lien indemnity bond or other adequate security, in which event form and substance reasonably satisfactory to Landlord. Notwithstanding the foregoing, Tenant shall remove the same and restore the Leased Premises be permitted to their original condition at Tenant's expense. Any linoleummake interior, carpeting nonstructural alterations or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord additions costing less than $50,000 without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this Lease’s consent.

Appears in 1 contract

Samples: Lease Agreement (Zoned Properties, Inc.)

Alterations. Except for non-structural, non-exterior, non-building systems alterations costing less than $50,000 in the aggregate in any 12-month period, Tenant shall not may make any Alterations no alterations or improvements to the Premises without the prior written consent of Landlord, except for which Landlord may not unreasonably withhold, condition or delay; provided that irrespective of the installation cost of unattachedan alteration, movable trade fixtures any alteration that is structural, effects building systems or is to the exterior of the Premises shall required the prior written consent of Landlord, which consent may be installed without drillingwithheld in Landlord’s sole discretion. At the time that Landlord gives consent, cutting Landlord will state whether Landlord will require Tenant to remove the alterations at the end of the Lease Term and to restore the Premises to their condition before Tenant made the alterations. Tenant shall not install any “through-the-wall” or otherwise defacing “through-the-window” heaters or air-conditioners in the Leased Premises. Tenant shall furnish complete plans make any approved alterations in accordance with all applicable laws and specifications regulations, with all required building permits, and with arrangements acceptable to Landlord for its approval at to eliminate risk of mechanic’s or construction liens attaching to the time it requests Landlord's consent Building or to the Premises. Tenant indemnifies Landlord against any Alterations if the desired Alterations: (i) will affect the structure of cost or expense incurred by Landlord to investigate, contest, or satisfy any mechanic’s or construction lien on the Building or the HVAC Premises that results from any alterations authorized or other systems serving contracted for by Tenant. All alterations shall be made by Tenant at Tenant’s sole cost and expense, including any alterations required to the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit Building that are required by Applicable Law and a copy of the executed construction contract(s). an alteration Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents makes to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Schmitt Industries Inc)

Alterations. Tenant Borrower shall not make any Alterations without the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's obtain Lender’s prior written consent, Tenant which consent shall not use be unreasonably withheld, conditioned or delayed, to any portion alterations to the Improvements that may have a material adverse effect on Borrower’s or Mortgage Borrower’s financial condition, the use, operation or value of any Individual Property, the Common Access Area Collateral, the Mezzanine A Collateral, any Mortgage Principal’s general partner interest in the related Mortgage Borrower Entity, any Mezzanine A Principal’s general partner interest in the related Mezzanine A Borrower Entity or the net operating income of any Individual Property or the Collateral (an “Alteration”), other than (a) tenant improvement work performed pursuant to the terms of any Lease executed on or before the date hereof, or of any Lease executed subsequent to the date hereof if Lender shall have approved (or shall be deemed to have approved) such Lease pursuant to Section 5.1.17 hereof, (b) tenant improvement work performed pursuant to the terms and conditions of a Lease and not adversely affecting any structural component of any Improvements, any utility or HVAC system contained in any Improvements or (except in the case of customary tenant signage) the exterior of any building constituting a part of any Improvements, (c) alterations performed in connection with the making restoration of an Individual Property after the occurrence of a casualty in accordance with the terms and conditions of this Agreement and the Mortgage Loan Documents or (d) the capital improvements identified in Schedule 5.1.20 annexed hereto. Any approval by Lender of the plans, specifications or working drawings for Alterations of any AlterationsIndividual Property shall not create responsibility or liability on behalf of Lender for their completeness, design, sufficiency or their compliance with Applicable Laws. Lender may condition any such approval upon receipt of a certificate of compliance with Applicable Laws from an independent architect, engineer, or other person reasonably acceptable to Lender. If the Alterations which Tenant causes total unpaid amounts due and payable with respect to be constructed result in Landlord being required an Alteration to make the Improvements of any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures Individual Property (other than unattached, movable trade fixturessuch amounts to be paid or reimbursed by tenants under the Leases or Alterations not requiring approval under clauses (a) through (d) above) shall at any time exceed an amount equal to the lesser of (x) five percent (5%) of the Allocated Loan Amount for such Individual Property and (y) $2,500,000 (the “Threshold Amount”; and any such Alteration a “Material Alteration”), which are made Borrower shall promptly deliver or installed cause to be delivered to Lender, (i) as security for the payment of such amounts and as additional security for Borrower’s obligations under the Loan Documents, any of the following: (1) cash, (2) U.S. Obligations, (3) other securities having a rating reasonably acceptable to Lender or, if a Securitization has occurred, the applicable Rating Agencies have confirmed in writing that such securities delivered will not, in and of themselves, result in a downgrade, withdrawal or qualification of the initial, or if higher, the then current ratings assigned in connection with such Securitization, (4) a completion bond and performance bond or (5) a Letter of Credit (the security described in clauses (1) through (5) above being sometimes referred to hereinafter, collectively, as the “Material Alteration Security”), and (ii) if a Securitization has occurred, written confirmation from the applicable Rating Agencies that any such Material Alteration shall not result in the downgrade, withdrawal or qualification of the initial, or, if higher, the current ratings assigned to the Securities in connection with a Securitization. The Material Alteration Security shall be in an amount equal to the excess of (x) the total unpaid amounts with respect to Material Alterations to the Improvements (other than such amounts to be paid or reimbursed by Tenants under Leases or to be paid from Reserve Funds or Alterations not requiring approval under clauses (a) through (d) above) over (y) the Threshold Amount. Upon Borrower’s request therefor, Lender shall disburse any Material Alteration Security that is cash to Borrower to pay for Material Alterations or permit Borrower to partially reduce any non-cash Material Alteration Security for work completed and paid for with respect to Material Alterations from time to time, subject to the same conditions to the release and disbursement of Required Repair Funds. Provided that no Event of Default then exists, upon completion of the Material Alteration, as determined by Lender in its reasonable discretion, Lender shall cancel the Material Alteration Security or disburse or return to Borrower the Material Alteration Security, as applicable. Notwithstanding the foregoing, Borrower shall be relieved of its obligation to deposit the security for certain alterations described above if either party upon the Leased Premises shall remain upon (A) Mortgage Borrower is required to and be surrendered does deliver such security to Mortgage Lender in accordance with the Leased Premises Mortgage Loan Documents or (B) Mezzanine A Borrower is required to and become does deliver such security to Mezzanine A Lender in accordance with the property of Landlord at the termination of this LeaseMezzanine A Loan Documents, unless Landlord requests their removal, and in which event Tenant shall remove the same and restore the Leased Premises any such case Lender has received evidence reasonably acceptable to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor Lender of the Leased Premises is a permanent fixture and shall become the property delivery of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this Leasesecurity.

Appears in 1 contract

Samples: Mezzanine B Loan Agreement (Archstone Smith Operating Trust)

Alterations. After initially opening the Premises for business, Tenant shall not make or cause to be made to the Premises or the Tenant Utility Facilities any Alterations addition, renovation, alteration, reconstruction or change (collectively, “Alterations”) (i) costing in excess of Ten Thousand Dollars ($10,000.00), (ii) affecting the exterior storefront, fire sprinkler systems, exterior walls, floor slab, or roof of the Premises, (iii) requiring or resulting in any penetration of the roof, demising walls or floor slab of the Premises, or (iv) involving structural changes or additions, without first obtaining the prior written consent of Landlord, except for the installation of unattachedwhich consent shall not be unreasonably withheld, movable trade fixtures which may be installed without drillingconditioned, cutting or otherwise defacing the Leased Premisesdelayed. Tenant shall furnish complete plans and specifications to provide Landlord for its approval at with not less than ten (10) days prior written notice of the time it requests Landlord's consent to commencement of any Alterations if in the desired Alterations: Premises and Landlord shall have the right to enter upon the Premises to post customary notices of non- responsibility with respect thereto. Subject to Section 20.6, all improvements to the Premises by Tenant including, but not limited to, light fixtures, floor coverings and partitions and other items comprising Tenant’s Work pursuant to Exhibit C, but excluding trade fixtures and signs, shall be deemed to be the property of Landlord upon installation thereof. Within thirty (i30) will affect days after the structure completion of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy set of “as built” plans depicting the executed construction contract(s)Alterations as actually constructed or installed. If Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with make any permitted Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain carry “Special Form Causes of Loss” or “Builder’s All Risk” insurance in an amount reasonably determined by Landlord covering the construction of such amounts Alterations and in such form other insurance as Landlord may reasonably require. Without Landlord's prior written consentAny Alterations to the Premises or the Tenant Utility Systems which are required by reason of any present or future law, Tenant shall ordinance, rule, regulation or order of any governmental authority having jurisdiction over the Premises or the Project or of any insurance company insuring the Premises, and regardless of whether or not use any portion such Alteration pertains to the nature, construction or structure of the Common Access Area in connection with Premises or to the making use made thereof by Tenant, shall be at the sole cost of any Alterations. If Tenant regardless of whether the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred work is performed by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this Lease.

Appears in 1 contract

Samples: Lease (Yoshiharu Global Co.)

Alterations. Tenant shall not make no changes in or to the leased premises of any Alterations nature without the Landlord’s prior written consent, which consent shall not unreasonably be withheld or delayed. Notwithstanding the foregoing sentence, Tenant may make alterations or improvements to the leased premises which do not exceed the sum of Landlord$5,000.00 in cost (materials and labor), except for so long as such alterations and improvements are interior and non-structural, and are commensurate and compatible with the installation architecture, design, style and of unattachedthe same quality of material and construction, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing as the Leased Premisesother portions of the leased premises and the Building. Tenant shall furnish provide Landlord, upon its request, final and complete plans drawings and specifications as may be necessary to obtain required building permits for all work to be done in connection with any build-out of the leased premises and any alterations made by the Tenant. Landlord for its approval at shall approve or disapprove Tenant’s plans within a reasonable time thereafter. In the time it requests Landlord's consent event Landlord disapproves Tenant’s plans, Landlord shall set forth the reasons therefor. Any revised plans shall correct any deficiencies and conform to any Alterations if objections set forth by Landlord. It is specifically agreed herein that, in the desired Alterations: (i) will affect event that any utility services, facilities, equipment, electrical lines or duct-work need to be altered in any respect in the structure course of Tenant’s build-out of or changes or alterations to, the Demised Premises, all costs and expenses of the Building same shall be paid by Tenant. Upon receipt of Landlord’s written consent, Tenant, at Tenant’s expense, may make alterations, installations, additions or improvements which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the HVAC interior of the leased premises by using contractors and mechanics first approved by Landlord. Tenant shall, before making any alterations, additions, installations or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans improvements, at its expense, obtain all permits, approvals and specifications with certificates required by any Governmental governmental or quasi-governmental agency or authority; or bodies and (iiiupon completion) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost certificates of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent final approval thereof and prior to commencement of the Alterations, Tenant shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor agrees to maintain carry and will cause Tenant’s contractors and sub-contractors to carry such xxxxxxx’x compensation, general liability, personal and property damage insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use If any portion of mechanic’s lien is filed against the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations leased premises or improvements to other portions of the Building for work claimed to have been done for, or CR Project Parcelmaterials furnished to, in order to comply with any Applicable LawsTenant, then the same shall be discharged by Tenant shall reimburse Landlord on demand for all costs and expenses incurred within thirty (30) days thereafter, at Tenant’s expense, or by the filing of a bond required by law. Unless otherwise agreed by Landlord in making such alterations writing prior to installation, all fixtures, paneling, partitions and like installations, installed in the leased premises at any time, either by Tenant or improvements. All Alterations by Landlord in Tenant’s behalf, shall, upon installation become the property of Landlord and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become leased premises unless Landlord, by notice to Tenant no later than sixty (60) days prior to the property of Landlord at date fixed as the termination of this Lease, unless Landlord requests their removalelects to relinquish Landlord’s right thereto and to have them removed by Tenant, in which event Tenant shall remove the same and restore shall be removed from the Leased Premises premises by Tenant prior to their original condition the expiration of the Lease, at Tenant's ’s expense. Any linoleumAll property permitted or required to be removed by Tenant at the end of the term remaining in the leased premises after Tenant’s removal, carpeting shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord’s property or other floor covering which may be cemented removed from the premises by Landlord at Tenant’s expense. Notwithstanding any provision or otherwise affixed term of this Lease to the floor contrary, Tenant acknowledges Landlord’s concerns regarding the conversion of laboratory space in the Leased Premises is building to office space. In the event Landlord consents in writing to the conversion of laboratory space to office space, all utility and mechanical systems, including but not limited to plumbing, electricity, HVAC, phone, data, security, alarm and sprinkler, that require modification or capping, shall be completed in accordance with a permanent fixture and plan approved by Landlord in writing prior to the work being performed which plan shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord allow for the expenses incurred space to be easily converted back to laboratory space. Existing tile flooring, if covered, shall be covered in a manner, approved by Landlord in writing prior to the work, that provides for the removal of the Cable within fifteen (15) days after receipt covering without damage, stain, discoloration, residue, or alteration of Landlord's bill, and such obligation shall survive the termination or expiration of this Leaseexisting tile floors.

Appears in 1 contract

Samples: Lease (Curagen Corp)

Alterations. Tenant Subtenant shall not make any Alterations without the Landlord and Sublandlord’s prior written consent, which consent shall not be unreasonably withheld, make or perform any alterations, additions, or improvements to the Premises (collectively, “Alterations”). Subtenant shall request Sublandlord’s consent at least thirty (30) days before the commencement of Landlordany construction, except for the installation of unattachedand Subtenant shall provide, movable trade fixtures which may be installed without drillingin connection with such consent request, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired such Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of , which plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant are subject to Sublandlord’s approval, which shall not artificially split the cost of be unreasonably withheld as set forth above. All Alterations into separate phases in order to avoid the $10,000 limitation)shall be performed at Subtenant’s expense. After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred All Alterations performed by or on behalf of Landlord for the review Subtenant shall be done in a good and approval of Xxxxxx's plans workmanlike manner by contractors reasonably approved by Sublandlord and specifications and for the monitoring of construction in accordance with Article 8 of the Original Sublease. Subtenant shall, at Subtenant’s expense, before making any Alterations, (i) obtain all permits and approvals required by any governmental authority and (upon completion thereof) certificates of occupancy and any other certificates of final approval thereof, and shall promptly deliver to Sublandlord copies of such permits and approvals; and (ii) provide Sublandlord with certificates evidencing appropriate builder’s risk, liability, and worker’s compensation insurance coverage in commercially reasonable amounts during the performance of any such Alterations. If Landlord consents Any and all Alterations made by or on behalf of Subtenant in, to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall become the property of Sublandlord and shall remain upon and be surrendered with the Leased Premises unless Sublandlord elects to relinquish Sublandlord’s right thereto and become the property of Landlord at the termination of this Lease, unless Landlord requests their removalto have them removed by Subtenant, in which event Tenant shall remove the same and restore shall be removed from the Leased Premises by Subtenant prior to their original condition the Expiration Date, at Tenant's Subtenant’s expense. Any linoleumNothing in this Section shall be construed to give Sublandlord title to or to prevent Subtenant’s removal of trade fixtures or moveable office furniture or equipment, carpeting but upon removal of any of the same or upon removal of other floor covering which Alterations as may be cemented or otherwise affixed required by Sublandlord, Subtenant shall repair any damage to the floor Building or the Premises caused by such removal, except structural damage, which, at Sublandlord’s option, shall be repaired by Sublandlord at Subtenant’s expense. All Alterations permitted or required to be removed by Subtenant remaining in the Premises after the end of the Leased Term shall be deemed abandoned and may, at the election of Sublandlord, either be retained as Sublandlord’s property or removed from the Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this LeaseSublandlord.

Appears in 1 contract

Samples: Sublease (Synacor, Inc.)

Alterations. Tenant Subtenant shall not make any Alterations without alterations in or additions to ----------- the prior written Licensed Space. Subtenant shall not make any alterations in or additions to the Subleased Premises ("Alterations") if to do so would constitute a default ----------- under the Prime Lease or if the Alteration is required to be removed at the end of the term of the Prime Lease pursuant to the terms thereof (in either case, a "Prohibited Alteration"). If Subtenant wishes to make an Alteration to the --------------------- Subleased Premises that is not a Prohibited Alteration, Sublandlord's consent thereto shall nonetheless be required, which consent shall not be unreasonably withheld, and if Sublandlord consents thereto, Sublandlord shall use reasonable efforts to obtain the consent of Landlord, except for Prime Landlord if such consent is required under the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased PremisesPrime Lease. Tenant Subtenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications provide Sublandlord with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s)architectural plans for any requested Alteration for Sublandlord's review and consent; provided, however, Sublandlord's consent to an Alteration shall in no -------- ------- way be construed as an approval of the suitability of the plans therefor for construction. Tenant If Alterations by Subtenant are permitted or consented to as required herein, Subtenant shall reimburse Landlord comply with all of the covenants of Sublandlord contained in the Prime Lease pertaining to the performance of such Alterations. In addition, Subtenant shall indemnify, defend and hold harmless Sublandlord against liability, loss, cost, damage, liens and expense imposed on Sublandlord arising out of the performance of Alterations by Subtenant, including without limitation Sublandlord's expenses incurred in connection with the review of Subtenant's plans. If Sublandlord consents to an Alteration, Sublandlord may, but shall not be required to, elect to perform or cause to be performed the work necessary to complete such Alteration at Subtenant's cost. Upon completion of the Alteration, Subtenant shall pay within ten (10) days after the rendition receipt of a bill for all of Landlordan invoice therefor, Sublandlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord Sublandlord in making such alterations or improvements. All Alterations connection therewith, including without limitation for architects and fixtures for project management, together with an administrative fee in the amount of three percent (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor 3%) of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal total cost of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this LeaseAlteration.

Appears in 1 contract

Samples: Sublease and License Agreement (Pitney Bowes Office Systems Inc)

Alterations. Tenant shall not make any Alterations alterations, additions or improvements to the Premises (collectively, the “Alterations”) without the prior written consent of Landlord, which consent shall not be unreasonably withheld, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it Tenant requests Landlord's ’s consent to any Alterations if the desired Alterations: (i) will may affect the structure of the Building Building’s Systems or the HVAC or other systems serving the Leased Premises or the Building’s Structure; or (ii) will require the filing of plans and specifications with any Governmental governmental or quasi-governmental agency or authority; or (iii) will cost more than in excess of One Hundred Thousand Dollars ($10,000 100,000.00); or (iv) will require a building permit or similar governmental approval to undertake. Notwithstanding the foregoing, Tenant shall not be obligated to receive the written consent of Landlord for interior, cosmetic Alterations to the Premises if said Alterations do not in any way affect the Building’s Structure or Building’s Systems, do not exceed One Hundred Thousand Dollars ($100,000.00) in the aggregate in any calendar year year, and Tenant is not required by applicable Law to obtain a permit to perform the Alteration (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitationeach, a “Cosmetic Alteration”). After Subsequent to obtaining Xxxxxxxx's Landlord’s consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten thirty (1030) days after the rendition of a bill xxxx for all of Landlord's ’s actual and reasonable out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, engineering and outside consulting, and construction consulting fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's Tenant’s plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, such Alteration shall be made by Tenant shall make the Alteration at its Tenant’s sole cost and expense using by a contractor reasonably approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may reasonably require. Without Landlord's ’s prior written consent, Tenant shall not use any portion of the Common Access Area Areas in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or and/or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable applicable Laws, then Tenant shall reimburse Landlord on upon demand for all costs and expenses incurred by Landlord in making such alterations or and/or improvements. All Any Alterations made by Tenant shall become the property of Landlord upon installation and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon on and be surrendered with the Leased Premises and become upon the property of Landlord at the expiration or sooner termination of this Lease, unless Landlord requests their removalrequires the removal of such Alterations. If Landlord requires the removal of such Alterations, in which event Tenant shall at its sole cost and expense, forthwith and with all due diligence (but in any event not later than the expiration date of this Lease or any earlier termination date hereof), remove the same all or any portion of any Alterations made by Tenant which are designated by Landlord to be removed (including without limitation stairs, bank vaults and cabling, if applicable) and repair and restore the Leased Premises in a good and workmanlike manner to their original condition condition, reasonable wear and tear excepted. Notwithstanding the foregoing, upon Tenant’s written request at Tenant's expensethe time it seeks Landlord’s consent to an Alteration, Landlord agrees to indicate in writing whether it will require such Alteration to be removed upon the expiration or earlier termination of the Lease. Any linoleumAll construction work done by Tenant within the Premises shall be performed in a good and workmanlike manner with new materials of first-class quality, carpeting lien-free and in compliance with all applicable Laws, and in such manner as to cause a minimum of interference with other construction in progress and with the transaction of business in the Project. Tenant agrees to indemnify, defend and hold Landlord harmless against any loss, liability or damage resulting from such work, and Tenant shall, if requested by Landlord, furnish a bond or other floor covering which may be cemented security reasonably satisfactory to Landlord against any such loss, liability or otherwise affixed damage. The foregoing indemnity shall survive the expiration or earlier termination of this Lease. Landlord’s consent to or approval of any Alterations (or the floor of plans therefor) shall not constitute a representation or warranty by Landlord, nor Landlord’s acceptance, that the Leased Premises is a permanent fixture same comply with sound architectural and/or engineering practices or with all applicable Laws, and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord be solely responsible for ensuring all such compliance. All voice, data, video, audio and other low voltage control transport system cabling and/or cable bundles installed in the expenses incurred Building by Tenant or its contractor shall be (A) plenum rated and/or have a composition make-up suited for removal its environmental use in accordance with NFPA 70/National Electrical Code; (B) labeled every 3 meters with Tenant’s name and origination and destination points; (C) installed in accordance with all EIA/TIA standards and the National Electric Code; and (D) installed and routed in accordance with a routing plan showing “as built” or “as installed” configurations of the Cable within fifteen cable pathways, outlet identification numbers, locations of all wall, ceiling and floor penetrations, riser cable routing and conduit routing (15) days after receipt of Landlord's billif applicable), and such obligation other information as Landlord may request. The routing plan shall survive be available to Landlord and its agents at the termination or expiration of this LeaseBuilding upon request.

Appears in 1 contract

Samples: Office Lease Agreement (Guidewire Software, Inc.)

Alterations. Except for the Tenant Improvements provided for in Exhibit B Tenant shall not make any Alterations no alterations or additions to the Premises (“Alterations”) without the prior written consent of Landlord, except for which consent shall not be unreasonably withheld, conditioned or delayed, and then only by contractors or mechanics approved by Landlord in writing and upon the installation approval by Landlord in writing of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete fully detailed and dimensioned plans and specifications pertaining to Landlord for the Alterations in question, to be prepared and submitted by Tenant, at its approval sole cost and expense. Tenant shall, at the time it requests Landlord's consent its sole cost and expense, obtain all necessary approvals and permits pertaining to any Alterations if the desired approved by Landlord. If Landlord, in approving any Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but , specifies a commencement date therefor, Tenant shall not artificially split the cost of commence any work with respect to such Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s)such date. Tenant shall reimburse hereby indemnifies, defends and agrees to hold Landlord within ten (10) days after 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 rendition Premises by or at the request of a bill for all of Landlord's actual out-of-pocket costs incurred Tenant in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alterationpermitted Alterations are made, Tenant they shall make the Alteration be made at its Tenant’s sole cost and expense using a contractor approved in writing by Landlord. Tenant and shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord, except that Landlord may, by written notice to Tenant given upon approval of such Alterations, require Tenant, at Tenant’s expense, at the termination end of this Leasethe Term, unless Landlord requests their to remove all partitions, counters, railings and other Alterations installed by Tenant (other than the Tenant Improvements), and to repair any damages to the Premises caused by such removal, . Any and all costs attributable to or related to the applicable building codes of the city in which event 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 shall remove the same at its sole cost and restore the Leased Premises to their original condition at Tenant's expense. Any linoleumWith regard to repairs, carpeting Alterations or any other floor covering work arising from or related to this Article 5, Landlord shall be entitled to receive an administrative/supervision fee (which may be cemented fee shall vary depending upon whether or otherwise affixed not Tenant orders the work directly from Landlord) sufficient to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay compensate Landlord for the all overhead, general conditions, fees and other costs and expenses incurred for removal arising from Landlord’s involvement with such work; provided that such fee shall not exceed 3.5% of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this Leasehard construction costs.

Appears in 1 contract

Samples: Lease (Medivation, Inc.)

Alterations. After the Commencement Date, Tenant shall not make any Alterations in, on or about the Premises, except for nonstructural Alterations not exceeding Ten Thousand Dollars ($10,000.00) in cost per Alteration, without the prior written consent of Landlord, except for and according to plans and specifications approved in writing by Landlord, which consent shall not be unreasonably withheld. Notwithstanding the installation foregoing Tenant shall not, without the prior written consent of unattachedLandlord, movable trade fixtures make any (i) Alterations to the exterior of the Building; (ii) Alterations to and penetrations of the roof of the Building; and (iii) Alterations to the Outside Area, to which Landlord may withhold Landlord's consent on wholly aesthetic grounds. All Alterations shall be installed without drillingat Tenant's sole expense (except as otherwise provided in EXHIBIT B), cutting or otherwise defacing in compliance --------- with all applicable Laws, by a licensed contractor, shall be done in a good and workmanlike manner conforming in quality and design with the Leased Premises existing as of the Commencement Date, and shall not diminish the value of the Premises. Tenant shall furnish complete plans give Landlord written notice of Tenant's intention to perform work on the Premises at least ten (10) days prior to the commencement of such work to enable Landlord to post and specifications to Landlord for its approval at record a Notice of Nonresponsibility or other notice deemed proper before the time it requests commencement of any such work. If Landlord's consent to is required for any Alterations Alteration, Landlord shall notify Tenant in writing of its approval or disapproval thereof, specifying in reasonable detail the basis for disapproval, if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterationsapplicable, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) business days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterationsreceipt of reasonably detailed plans and specifications, including all managementif applicable, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the proposed Alterations. If Landlord consents fails to the making notify Tenant of any Alterationapproval or disapproval within such 10-day period, Tenant may again request approval of such Alterations in writing. If Landlord fails to notify Tenant of Landlord's approval or disapproval of such Alterations within five (5) business days after Landlord's receipt of Tenant's second notice, then Landlord shall make be deemed to have approved the Alteration at its expense using a contractor approved proposed Alterations as shown on the plans and specifications provided to Landlord. Upon request, Landlord shall advise Tenant in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. whether Landlord reserves the right to require Tenant to remove any Alterations from the Premises upon termination of the Lease. If Landlord fails to require removal upon such request, Tenant shall not be required to remove such Alterations from the Premises. All Alterations and Tenant Improvements installed at Tenant's expense all Cable installed by or for shall remain Tenant, even if located outside 's property during the Leased Premises. Term of this Lease and Tenant shall pay Landlord be entitled to all depreciation, amortization and other tax benefits with respect thereto. Except for Alterations which cannot be removed without structural damage to the expenses incurred for removal of Premises, Tenant may remove any Alterations from the Cable within fifteen (15) days after receipt of Landlord's bill, and Premises at any time provided Tenant repairs all damage caused by such obligation shall survive the termination or expiration removal. Notwithstanding any other provision of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made by it to the Premises.

Appears in 1 contract

Samples: Lease (Artisan Components Inc)

Alterations. Tenant shall not make or suffer to be made any Alterations without alterations, additions or improvements to the prior written consent of LandlordPremises ("Alterations"), except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 as expressly provided in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterationsthis Section 9. If Landlord consents to the making of Tenant desires any Alteration, Tenant must obtain Landlord's prior written approval of such Alteration, which approval shall make the not be unreasonably withheld or delayed. The Alteration shall be made at its Tenant's sole cost and expense using by a general contractor approved in writing by Landlord in advance and Tenant shall pay Landlord on demand or prior to or during the course of such construction a reasonable amount determined by Landlord to compensate Landlord for its review of the proposed Alteration (which shall not exceed $500.00) and for other reasonable direct and indirect expenses incurred by Landlord or Landlord's agents in connection with the Alteration (e.g., freight elevator operation, additional cleaning expenses and additional security expenses). All such work shall be performed diligently and in a first-class workmanlike manner and in accordance with plans and specifications approved by Landlord, and shall comply with all applicable laws and Landlord's construction procedures for the Building. In no event shall Tenant employ any person, entity or contractor to perform work in the Premises whose presence may give rise to a labor or other disturbance in the Building. Default by Tenant in the payment of any sums agreed to be paid by Tenant for or in connection with an Alteration (regardless of whether such agreement is pursuant to the Section 9 or separate instrument) shall entitle Landlord to all the same remedies as for non-payment of rent under this Lease. Any Alterations, including, without limitation, movable partitions that are affixed to the Premises (but excluding movable, free standing partitions) and all carpeting, shall at once become part of the Building and the property of Landlord. Tenant shall require its contractor give Landlord not less than five (5) days prior written notice of the date the construction of the Alteration is to maintain insurance in such amounts and in such form as commence. Landlord may require. Without Landlord's prior written consent, post and record an appropriate notice of non-responsibility with respect to any Alteration and Tenant shall not use maintain any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred such notices posted by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon on the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this Lease.

Appears in 1 contract

Samples: Xybernaut Corp

Alterations. Tenant shall not make any Alterations without permit alterations costing more than $10,000, or affecting the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure structural elements of the Building or Building systems, unless and until Landlord has approved the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 therefor in any calendar year (but Tenant writing, which approval shall not artificially split the cost be unreasonably withheld. As a condition of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterationssuch approval, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, require Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same alterations and restore the Leased Premises upon termination of this Lease; otherwise, all such alterations shall at Landlord’s option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to their or better than the original condition at Tenant's expenseconstruction of the Building. Any linoleum, carpeting No person shall be entitled to any lien derived through or other floor covering which may be cemented under Tenant for any labor or otherwise affixed material furnished to the floor Leased Premises, and nothing in this Lease shall be construed to constitute Landlord’s consent to the creation of any lien. If any lien is filed against the Leased Premises is a permanent fixture and shall become the property of Landlord without credit for work claimed to have been done for or compensation material claimed to have been furnished to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal cause such lien to be discharged of the Cable record within fifteen (15) days after receipt of notice thereof. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys* fees in connection with any construction or alteration and any related lien. Notwithstanding anything to the contrary contained herein, Tenant shall have the right, from lime to time without Landlord's bill’s consent, but with notice to Landlord, to perform alterations that do not cost more than $ 10,000 and such that do not affect the structural elements of the Building or the Building systems (i.e. infrastructure), provided however, Tenant shall have no obligation shall survive to provide notice to Landlord to perform alterations costing less than $10,000 which do not affect the termination structural elements of the Building or expiration of this Leasethe Building systems. For clarification purposes, Tenant does not need Landlord’s consent or to provide notice to Landlord to paint and install wall coverings, install workstations, equipment, and/or carpet and other floor coverings, replace the existing exterior door that will become Tenant’s main office entrance.

Appears in 1 contract

Samples: Office Lease (Lightning eMotors, Inc.)

Alterations. Subject to compliance with Section 29, Tenant shall may, at its sole expense, from time to time, make such alterations, changes or additions to the Improvements. If such alterations, changes or additions are reasonably considered non-structural in nature, and in good faith are estimated by Tenant, for all work being performed at one time or a series of projects undertaken within six months of one another and within a contiguous area, not make any Alterations without to exceed $100,000.00 (as evidenced by the prior written consent scope of Landlord, except work and projected expense as contained on the Approval for Expenditure or "AFE" form currently used by Tenant to obtain appropriate internal approvals for the installation allocation of unattachedcapital expenditure funds, movable trade fixtures or any successor approval form which may be installed generated by Tenant for the same general purpose), Tenant may perform such work without drillingfirst obtaining Owner's approval. If such alterations, cutting changes or otherwise defacing additions are reasonably considered structural in nature, regardless of their total cost, or in good faith are estimated by Tenant to exceed $100,000.00, using the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at referenced AFE form as the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterationsguide, Tenant shall deliver provide Owner with written notice outlining the proposed scope of work and estimated expense, with the AFE form attached, to Landlord any building permit required obtain Owner's prior approval, which approval shall not be unreasonably withheld, conditioned or delayed. Owner's good faith, projected cost estimate of restoring the Demised Premises at lease termination to the currently existing condition shall be reasonable grounds for Owner to withhold approval. Approval shall be deemed granted by Applicable Law and a copy of the executed construction contract(s). Owner if Tenant shall reimburse Landlord does not receive written disapproval from Owner within ten (10) business days after from the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at date Owner receives Tenant's notice outlining said proposed scope of work and estimated expense. Any linoleumsuch alterations, carpeting changes or other floor covering which may be cemented or otherwise affixed additions to the floor Improvements that comply with the requirements of this Section may remain after Lease termination. Any unresolved disagreement between the Leased Premises parties as to whether an alteration is `structural' and as to what constitutes a permanent fixture and single project shall become be decided according to the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration Arbitration provision contained in Section 49 of this Lease.

Appears in 1 contract

Samples: Lease (Tower Properties Co)

Alterations. Tenant shall not make any Alterations alterations, additions or improvements (collectively, “Alterations”) in or to the Demised Premises without the Landlord’s prior written consent (not to be unreasonably withheld, conditioned or delayed, as provided in Section 8.5 below). In the event Tenant requests Landlord to perform any construction management or supervisory services relative to any Alterations, and if Landlord in its sole discretion agrees to perform such services, then in addition to the cost of such Alterations, Tenant agrees to pay Landlord, except as Landlord’s charges for all such services, a cost recovery fee in an amount mutually agreeable to Landlord and Tenant at such time; otherwise Tenant shall pay Landlord a cost recovery fee equal to Landlord’s actual out-of-pocket costs (including third-party architectural/engineering review costs) incurred in connection with Landlord’s performance of its customary level of supervision, review, approval and coordination for such type of Alteration (the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises“Out-of-Pocket Costs”). Tenant shall furnish only utilize contractors approved by Landlord (not to be unreasonably withheld, conditioned or delayed). Tenant shall submit full and complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired to Landlord, and shall obtain Landlord’s prior approval thereof, prior to commencing any such Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans . Tenant shall, before making any Alterations, at its expense, obtain all permits, approvals and specifications with certificates required by any Governmental governmental or quasi-governmental agency or authority; or bodies and (iiiupon completion) will cost more than $10,000 in certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord, and Tenant agrees to carry, and to cause Tenant’s contractors and sub-contractors to carry such workmen’s compensation, general liability, personal and property damage insurance as Landlord may reasonably require. Upon completion of any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy one set of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out“as-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's built” plans and specifications therefor. All Tenant’s Work and for all fixtures, paneling, partitions, railing and other Alterations, installed in the monitoring of construction of the Alterations. If Landlord consents to the making of any AlterationDemised Premises, either by Tenant shall make the Alteration at its expense using a contractor approved in writing or by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs Tenant’s behalf, shall become the property of Landlord and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Demised Premises and become upon the property of Landlord at the expiration or earlier termination of this the Lease, unless Landlord, by notice to Tenant given at the time of approval of the plans and specifications therefor (or within a reasonable time after Landlord requests their removalreceives notice of any “Non-Consent Alterations” or any “Higher Price Interior Alterations” under Section 8.6 below), elects to have them removed by Tenant, in which event event, the same shall be removed from the Demised Premises by Tenant on or before the Expiration Date or earlier termination hereof; provided, however, that such removal requirement shall only be imposed by Landlord if Landlord, in good faith, determines that such item or items would not be customary for office usage at comparable Class-A office buildings in Lisle/Naperville, Illinois or would be excessive costly or hazardous to remove. Nothing in this section shall be construed to give Landlord title to or to prevent Tenant’s removal of trade fixtures, moveable office furniture and equipment (all of which shall be removed by Tenant prior to the Expiration Date or earlier termination hereof), but upon removal of any such equipment and fixtures from the Demised Premises or upon removal of other installations (including, without limitation, items of Tenant’s Work and other Alterations) as may be required by Landlord pursuant to Landlord’s rights to so require removal as described in this Section 8.2, Tenant shall remove the same promptly and at its expense, repair and restore the Leased Demised Premises to their original the condition existing prior to installation (subject to ordinary wear and tear) and repair any damage to the Demised Premises or the Building due to such removal. All property that was permitted or required to be removed by Tenant at the end of the Term but which remains in the Demised Premises for ten (10) business days after Tenant vacates the Demised Premises shall be deemed abandoned and may, at the election of Landlord, and without limitation on other rights or remedies available to Landlord, either be retained as Landlord’s property or may be removed from the Demised Premises by Landlord at Tenant's ’s expense. Any linoleumWithout limitation of the foregoing, carpeting Tenant shall have no right or obligation to remove any fixtures, tenant improvements or other floor covering which may be cemented or otherwise affixed to items located at the floor initial Demised Premises as of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this LeaseTurnover Date hereunder.

Appears in 1 contract

Samples: Lease Agreement (SXC Health Solutions Corp.)

Alterations. The Tenant shall has no rights to carry out any alterations, works or installations to the Premises unless it is expressly permitted to do so under this Clause 4.10. The Tenant may, with the Landlord's consent, carry out works to the Premises to install, alter or remove the shop front. The Tenant may install, alter and remove tenant's fixtures30 and carry out internal non-structural works to the Premises that will not make any Alterations have an adverse impact on the Environmental Performance of the Premises without the prior written consent Landlord's consent, but the Tenant must notify the Landlord promptly after completing those works. To enable those works to be carried out, the Tenant may drill fixing holes into the floors, ceilings, columns or walls of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. The Tenant shall furnish complete plans and specifications to Landlord for must comply with its approval at obligations in Part 5 of the time it requests Schedule when carrying out or installing any Permitted Works, whether or not the Landlord's consent is required for them.31 Where the Landlord's consent is expressly required under this Clause 4.10, the Landlord may impose requirements on the Tenant in addition to those contained in Part 5 of the Schedule when giving its consent. Signs and advertisements The Tenant must not display any signs or advertisements on the Premises other than: signs approved by the Landlord; normal trade signs displayed from within the Premises; or signage on the fascia of the Premises that indicates the Tenant's trading name in the style of and consistent with the Tenant's standard fascia signage. The Tenant must maintain either the visibility of the shop interior from the shop front or a window display in keeping with good retailing practice. The Tenant must keep the Premises adequately lit during [the usual trading hours for retail premises in the vicinity of the Premises] [such hours as the Landlord may stipulate]. Obligations at the End Date By the End Date the Tenant must have removed: all tenant's and trade fixtures and loose contents from the Premises; all Electronic Communications Apparatus and apparatus relating to Wireless Data Services installed by the Tenant or any sub-tenant at the Premises; all signage installed by the Tenant or any sub-tenant at the Premises; unless and to the extent that the Landlord and the Tenant otherwise agree, all Permitted Works; and without affecting any other Landlord's rights, any works that have been carried out in breach of any obligation in this Lease. The Tenant must make good all damage to the Premises caused when complying with Clause 4.12.1 and restore them to the same configuration, state and condition as they were in before the items removed were originally installed. At the End Date the Tenant must: give back the Premises (and the fixtures, plant and equipment in them) in good decorative order and in a state, condition and working order consistent with the Tenant's obligations in this Lease;32 give back the Premises with vacant possession; and hand to the Landlord any registers or records maintained by the Tenant pursuant to any Alterations if statutory duty that relate to the desired AlterationsPremises including any health and safety file, EPC and asbestos survey. If the Tenant has not removed all of its property from the Premises by the End Date: (i) will affect the structure Landlord may dispose of that property as the agent of the Building or Tenant after giving the HVAC or other systems serving Tenant not less than five Business Days' notice of its intention to do so; the Leased Premises or Tenant must indemnify the Building; or (ii) will require the filing of plans and specifications with Landlord against any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement liability of the Alterations, Landlord to any third party whose property has been disposed of in the genuine but mistaken belief that it belonged to the Tenant; and the Landlord must pay to the Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy the proceeds of the executed construction contract(s)disposal after deducting the costs of transportation, storage and disposal incurred by the Landlord. User33 The Tenant shall reimburse Landlord within ten (10) days after must not use the rendition of Premises other than for the Permitted Use.34 The Tenant must not use the Premises: for any illegal activity; as a bill for all of Landlord's actual out-of-pocket costs incurred betting office[, an amusement arcade or in connection with gaming]35; or for any Alterationspolitical or campaigning purposes or for any sale by auction.36 The Tenant must not: keep in the Premises any plant, including all management, engineering, outside consulting, and construction fees incurred by machinery or on behalf of Landlord equipment (except that properly required for the review and approval Permitted Use) or any petrol or other explosive or specially flammable substance[ (other than petrol in the tanks of Xxxxxx's plans and specifications and vehicles parked in any parking spaces within the Premises)]; load or unload any vehicle unless it is in a loading area provided for that purpose; cause any nuisance or damage to the monitoring Landlord or to the owners, tenants or occupiers of construction any adjoining premises; overload any part of the Alterations. If Landlord consents Premises or any plant, machinery, equipment or Conducting Media; do anything that blocks the Conducting Media or makes them function less efficiently including any blockage to the making or corrosion of any Alterationdrains, pipes or sewers by virtue of any waste, grease or refuse deposited by the Tenant shall make or any cleaning of them carried out by the Alteration at its expense using a contractor approved in writing Tenant; or operate any apparatus so as to interfere with the lawful use of Electronic Communications Apparatus or the provision of Wireless Data Services on any adjoining premises. The Landlord does not warrant that the Permitted Use is, will be, or will remain lawfully permitted under the Planning Acts or the title deeds. The Tenant remains bound by Landlordthe Tenant's obligations under this Lease even if the use is not lawfully permitted under the Planning Acts. The Tenant shall require its contractor must not install or use Electronic Communications Apparatus or apparatus relating to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not Wireless Data Services within the Premises unless solely for use any portion of the Common Access Area in connection with the making lawful occupier's business at the Premises[. Landlord's consent must be obtained prior to installation]. [On each day that the Premises are open for trade, the Tenant must arrange the regular collection of any Alterationsof the Tenant's customer trolleys that have been left outside the Premises.]37 The Tenant must provide the Landlord with the names, addresses and telephone numbers of not fewer than two people who from time to time hold keys and any security access codes to the Premises and who may be contacted in an emergency if the Landlord needs access to the Premises outside the Tenant's normal business hours. If [The Tenant must not use any parking spaces forming part of the Alterations which Premises: except for the parking of vehicles belonging to persons working at the Premises or any authorised visitors to the Premises; or for the repair, refuelling or maintenance of any vehicles.] The Landlord and the Tenant causes must comply with their obligations in Part 8 of the Schedule. Dealings with the Premises38 The Tenant must not assign, sub-let, charge, hold on trust or part with or share possession or occupation of the Premises in whole or in part, except as authorised under this Clause 4.14[ or Part 7 of the Schedule]. [The Tenant must not assign the Tenant's right to the whole of the Premises[ or sub-let the Tenant's right to the Premises in whole or in part] during the first three years of the Term.] The Tenant may assign the Tenant's right to the whole of the Premises with the Landlord's consent (such consent not to be constructed result unreasonably withheld or delayed if the prospective tenant is of sound financial standing and demonstrably capable of fulfilling the Tenant's obligations under this Lease),39 except that: the Landlord may refuse consent to assign if the Tenant has not paid in full the Rent and all other sums due to the Landlord being required under this Lease that are not the subject of a legitimate dispute about their payment; the Landlord may refuse consent to make assign in any alterations or improvements other circumstances where it is reasonable to do so; and the Landlord may require any other portions condition to the Landlord's consent if it is reasonable to do so. [The provisions of Part 7 of the Building or CR Project Parcel, in order Schedule apply to sub-lettings of the Premises and the Tenant must comply with its obligations in that Part of the Schedule.] The Tenant may charge the Tenant's right to the whole of the Premises to a genuine lending institution without the Landlord's consent but the Tenant must notify the Landlord under Clause 4.15 of any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvementscharge created. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon In addition to the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination provisions of this LeaseClause 4.14, unless the Tenant may share occupation of the Premises with a Group Company of the Tenant[, a Service Provider] or concessionaire on condition that: the Tenant notifies the Landlord requests their removal, in which event Tenant shall remove of the same identity of the occupier and restore the Leased part of the Premises to their original condition at Tenant's expense. Any linoleum, carpeting be occupied; no relationship of landlord and tenant is created or other floor covering which may be cemented or otherwise affixed is allowed to arise[ and the floor Premises retain the appearance of a retail unit in single occupation]; the sharing of occupation ends if the occupier is no longer a Group Company of the Leased Premises is Tenant[, a permanent fixture Service Provider] or a concessionaire; [and] the Tenant notifies the Landlord promptly when the occupation ends[; and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal any time concessionaires occupy no more than [Insert percentage]% of the Cable within fifteen (15) days after receipt sales area of Landlord's bill, and such obligation shall survive the termination or expiration of this LeasePremises in aggregate]40.

Appears in 1 contract

Samples: Lease

Alterations. Tenant shall not make or permit any Alterations other improvements, alterations, fixed decorations, substitutions or modifications, structural or otherwise, to the Premises (“Alterations”) without the prior written consent approval by Landlord of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete and final plans and specifications prepared and submitted by Tenant, which approval may not be unreasonably withheld, conditioned or delayed. All Alterations shall be made by Landlord or Tenant’s contractor (which has been approved by Landlord) at Tenant’s sole cost, payable by Tenant only after Tenant has obtained all necessary permits from governmental authorities for the Alterations. Notwithstanding anything to Landlord for its approval the contrary contained in this Section, Tenant shall have the right from time to time and at any time, without Landlord’s consent, to perform the time it requests Landlord's consent to any Alterations if following work within the desired AlterationsPremises, provided such work does not affect the base building structure or systems, including but not limited to, the HVAC, mechanical, electrical and plumbing systems: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or install, remove and relocate nonstructural office partitioning, (ii) will require the filing of plans paint and specifications with any Governmental or quasi-governmental agency or authority; or install wall coverings, (iii) will cost more install and remove office furniture, (iv) relocate electrical outlets, (v) install and remove work stations, (vi) install and remove Tenant’s equipment (including office equipment and laboratory equipment and instruments used in the operation of Tenant’s business) and perform cable pulls in connection therewith, and (vii) install and remove carpeting and other floor coverings. If any mechanic’s lien is filed against the Premises for work or materials furnished to Tenant (other than $10,000 in any calendar year by Landlord) the lien shall be discharged by Tenant within thirty (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (1030) days after Tenant receives written notice of the rendition lien, solely at Tenant’s expense, by either paying off or bonding off the lien. Should Tenant fail to discharge any lien within thirty (30) days of a bill for all Tenants receipt of notice of its filing, then, in addition to Landlord's actual out-of-pocket costs incurred in connection with ’s other remedies, Landlord shall have the right, but not the obligation, to discharge said lien at Tenant’s expense and Tenant shall pay on demand, as Additional Rent, any Alterations, including all management, engineering, outside consulting, and construction fees incurred amount plus the Default Rate paid by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making discharge or satisfaction of any Alterationsuch liens, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to all attorney’s fees and other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at reasonably incurred in defending any such action or in obtaining the termination discharge of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this Leaselien.

Appears in 1 contract

Samples: Lease Agreement (Commonwealth Biotechnologies Inc)

Alterations. Tenant shall will not make any Alterations alterations, renovations, improvements or other installations in, on or to the Premises or any part thereof that would alter or change any of the structural components or aspects of the Premises (“Structural Alterations”) without the Landlord’s prior written consent approval thereof, which approval Landlord will not unreasonably withhold, condition or delay; provided, however, that Landlord may condition Landlord’s approval on Tenant’s agreement that Tenant, at the expiration or termination of Landlordthis Lease, except for at Tenant’s cost, remove all Structural Alterations, repair all damage to the Premises caused by the installation or removal of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premisessuch Structural Alteration and restore all structural components removed by Tenant. Tenant shall furnish complete plans have the right to make any other alterations without obtaining the consent of Landlord but shall make them in a good and specifications to workmanlike manner in accordance with all applicable laws, rules and codes and all other valid requirements of appropriate governmental authorities. Unless Landlord for its approval at the time it requests Landlord's consent to any of approval shall require removal thereof, all Structural Alterations if the desired Alterations: (i) will affect the structure shall become a part of the Building or Improvements and the HVAC property of Landlord upon expiration or other systems serving the Leased Premises or the Building; or (ii) will require the filing termination of plans and specifications with any Governmental or quasithis Lease. All non-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents structural alterations to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the expiration or other termination of this the Lease; provided, unless however, that Landlord requests their removal, in which event at Landlord’s option may require Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense’s cost to remove some or all non-structural alterations and to restore and repair any damage caused by such removal. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to Upon Tenant’s written request at any time not more than six (6) months before the floor expiration of the Leased Premises is a permanent fixture and Term, Landlord shall become notify Tenant in writing of whether Landlord elects to cause the property removal by Tenant of Landlord without credit some or compensation to all of Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this Lease’s non-structural alterations.

Appears in 1 contract

Samples: Lease Agreement (Boston Gear LLC)

Alterations. Except for any initial improvement of the Premises pursuant to Exhibit D, which shall be governed by the provisions of Exhibit D, Tenant shall not make or permit to be made any Alterations alterations, additions or improvements to the Premises or any part thereof, or attach any fixtures or equipment thereto, without the prior first obtaining Landlord’s written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premisesconsent. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent With respect to any Alterations if the desired Alterations: (i) will alteration, addition or improvement which does not affect the structure of the Building or the HVAC or other systems serving the Leased Premises or Building, does not affect any of the Building; ’s systems (e.g., mechanical, electrical or (ii) will require plumbing), does not diminish the filing capacity of plans the Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and specifications is in full compliance with any Governmental or quasi-all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant authorities, Landlord’s consent shall not artificially split be unreasonably withheld. Any alterations, additions or improvements to the cost Premises consented to by Landlord shall be made by Landlord or a contractor approved by Landlord. At the option of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent Landlord, any work performed by a contractor shall be performed under Landlord’s supervision, and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord for all costs thereof (including a reasonable charge for Landlord’s overhead), as Rent, within ten (10) days after the rendition receipt of a bill for all of statement. All alterations, additions and improvements shall become Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by ’s property at the expiration or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction earlier termination of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts Lease Term and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with on the Leased Premises and become the property of Landlord at the termination of this Lease, without compensation to Tenant unless Landlord requests their removalelects by notice to Tenant to have Tenant remove the alterations, additions and improvements, in which event event, notwithstanding any contrary provisions contained in Article 9, Tenant at its sole cost and expense shall remove the same and promptly restore the Leased Premises to their original its condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed prior to the floor installation of the Leased Premises is a permanent fixture alterations, additions and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenantimprovements, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, normal wear and such obligation shall survive the termination or expiration of this Leasetear excepted.

Appears in 1 contract

Samples: Lease Agreement (Adamas One Corp.)

Alterations. Tenant shall not make any Alterations without alterations to the prior written consent of LandlordPremises, except for or to the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any AlterationsProject, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents any changes to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without existing landscaping without Landlord's prior written consent, Tenant shall not use any portion . If Landlord gives its consent to such alterations Landlord may post notices in accordance with the laws of the Common Access Area state in connection with which the making of any Alterationspremises are located. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any Any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon on and be surrendered with the Leased Premises and become the property of Landlord at the upon expiration or termination of this Lease, unless except that Landlord requests their removalmay, in within 30 days before or 30 days after expiration of the term, elect to require Tenant to remove any alterations which event Tenant may have made to the premises. If Landlord so elects, at its own cost Tenant shall remove the same and restore the Leased Premises to their original the condition at 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 expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor alteration of the Leased Premises is Premises, Tenant shall contract with a permanent fixture contractor approved by Landlord for the construction of such alterations, shall secure ail appropriate governmental approvals and permits, and shall become complete such alterations with due diligence in compliance, with plans and specifications approved by Landlord. All such construction shall be performed in a manner which will not interfere with the property quiet enjoyment of Landlord without credit or compensation to Tenant. Landlord reserves other tenants of the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased PremisesProject. Tenant shall pay all costs for such construction and shall keep the Premises and the Project free and clear of all mechanics' Dens which may result from construction by Tenant. If Landlord gives its consent, no such alterations will proceed without Landlord's prior written approval of Xxxxxx's contractor, which shall be conditioned on proof of insurance by Xxxxxx's contractor for public liability and automobile liability and property damage insurance with limits not less than $1,000,000/$250,000/$500,000 respectively endorsed to show Landlord as an additional insured and for worker's compensation as required and detailed and specifications for such work. Tenant will keep the Premises and Property free from any liens arising out of any work performed, materials furnished or obligations incurred by Tenant, its agents or contractors. Xxxxxx agrees that should any lien be posted on the property due to work performed, materials furnished or obligations incurred by it, that it will immediately notify and proceed to remove such lien. Tenant further acknowledges that it will remain liable to Landlord and indemnify it for any costs or damages to Landlord or the property as a result of such liens. Xxxxxxxx has the right to post and keep posted in the Premises and/or Property, any notices that may be provided by law or which landlord may deem to be proper for the expenses incurred for removal of the Cable within fifteen (15) days after receipt protection of Landlord's bill, and the Premises and/or Property from such obligation shall survive the termination or expiration of this Leaseliens.

Appears in 1 contract

Samples: Integcom Corp

Alterations. Tenant shall will not make any Alterations alterations, repairs, installations, additions or improvements in or to the Premises, or add, disturb or in any way change any plumbing, wiring, life/safety or mechanical systems, locks, or structural portions of the Building (for purposes of this Article 8, any of the foregoing being referred to as “Alterations”) without the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing Landlord as to the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement character of the Alterations, the manner of doing the Alterations, and the contractor(s) doing the Alterations. Such consent shall not be unreasonably withheld or delayed if such Alterations are required of Tenant shall deliver or is the obligation of Tenant pursuant to this Lease. As a condition to Landlord’s consent to the Alterations proposed by Tenant, Landlord any building permit required by Applicable Law and a copy may impose reasonable conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish surety performance and/or payment bonds or other security for the payment of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any such Alterations, insurance against liabilities that may arise out of such Alterations, plans and specifications approved by Landlord and permits necessary for such Alterations. If such Alterations are performed by contractor(s) not retained by Landlord, Tenant shall upon completion of such Alterations, (i) deliver to Landlord evidence that payment for all such Alterations have been made by Tenant, including all managementcontractors’ affidavits and full and final mechanic’s lien waivers and (ii) pay to Landlord a construction supervision fee of five percent (5%) of the total cost of such Alterations, engineering, outside consulting, and construction fees incurred by or on behalf of but in no event less than $500.00 to reimburse Landlord for the review costs incurred by its construction manager in inspecting and approval supervising such Alterations (provided, however, that the construction supervision fee for minor Work approved by Landlord with a total cost less than $1,000.00 shall be charged at $101.00 per hour). All such Alterations shall be done in a good and workmanlike manner using quality materials and shall comply with all applicable governmental laws, ordinances, rules and regulations. Tenant agrees to indemnify and hold Landlord free and harmless from any liability, loss, cost, damage or expense (including attorney’s fees) by reason of Xxxxxx's plans and specifications and for the monitoring any of construction of the such Alterations. If Landlord consents The provisions of Article 18 of this Lease Agreement shall apply to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the all Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvementsperformed under this Article 8. All Alterations and fixtures (other than unattached, movable trade fixtures), which are to the Premises made or installed by either party upon Tenant shall at the Leased Premises shall remain upon and be surrendered with the Leased Premises and option of Landlord become the property of Landlord and shall be either removed by Tenant at Tenant's sole cost or surrendered to Landlord upon the termination of this LeaseLease Agreement, unless Landlord requests their removalprovided, in which event however, this clause shall not apply, and Tenant shall retain title and rights to all, to movable equipment, whiteboard, artwork, audio visual equipment and industrial and other property or machinery mounted or secured to the Premises, or furniture owned by Tenant which may be removed by Tenant at the end of the Term of this Lease Agreement if Tenant is not then in default. Landlord shall provide Tenant with notice of Tenant's obligation to remove any such Alteration at the same and restore end of the Leased Premises Lease Term at the time that Landlord grants consent to their original condition such Alteration. If Landlord does not notify Tenant that Tenant is obligated to remove such Alteration, such Alteration may be removed at Tenant's expense. Any linoleumoption, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this Leaseas provided in Article 25 hereof.

Appears in 1 contract

Samples: Commercial Lease (Celcuity Inc.)

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Alterations. Tenant shall not make or suffer to be made any Alterations alteration, addition or improvement to or of the Premises or any part thereof (collectively referred to herein as “Alterations”) without (i) the prior written consent of Landlord, except which consent shall not be unreasonably withheld or delayed, (ii) a valid building permit (to the extent required for any such Alteration) issued by the installation appropriate governmental authority and (iii) otherwise complying with all applicable laws, regulations and requirements of unattachedgovernmental agencies having jurisdiction and with the rules, movable trade fixtures which may be installed without drilling, cutting regulations and requirements of any board of fire underwriters or otherwise defacing the Leased Premisessimilar body applicable to or arising from such Alteration. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's Xxxxxxxx’s consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant requested Alteration shall not artificially split create on the part of Landlord or cause Landlord to incur any responsibility or liability for such Alteration’s compliance with all laws, rules and regulations of federal, state, county, municipal and other governmental authorities. Notwithstanding anything contained herein, (a) Tenant may, at Tenant’s sole cost of Alterations into separate phases and expense, construct non-structural alterations, additions and improvements (“Permitted Alterations”) in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and Premises without Landlord’s prior to commencement of the Alterationsapproval, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within but with ten (10) days after days’ prior written notice to Landlord describing the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection Permitted Alterations together with any plans or specifications for such Permitted Alterations, including all managementprovided that the cost of such Permitted Alterations does not exceed Fifteen Thousand Dollars ($15,000) in any calendar year. Tenant’s trade fixtures, engineeringfurniture, outside consulting, equipment and construction fees incurred other personal property installed in the Premises (“Tenant’s Property”) by or on behalf of Tenant shall at all times be and remain Tenant’s property. Tenant may remove Xxxxxx’s Property from the Premises at any time during the Lease term provided Tenant repairs all damage caused by such removal and restores the area where such removal occurred in accordance with all applicable laws, statutes, building codes and regulations in effect as of the date of such removal. Landlord for shall have no lien or other interest in any item of Xxxxxx’s Property. In no event shall Tenant remove any of the review Tenant Improvements. Alterations and Permitted Alterations shall be made by Tenant at its sole risk, cost and expense and only after Xxxxxxxx’s written approval of Xxxxxx's plans any licensed contractor selected by Tenant for that purpose, and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, Tenant same shall make the Alteration be made at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts time and in such form as Landlord manner that does not interfere with adjacent tenants in the Project. Tenant shall, if reasonably required by Landlord, secure at Tenant’s cost a completion and lien indemnity bond for such work. Tenant may require. Without Landlord's prior written consent, Tenant shall not use any portion at anytime during the term of the Common Access Area Lease, remove any Alterations and/or Permitted Alterations installed in connection the Premises by Tenant at its sole cost and expense provided that Tenant shall, at Tenant’s sole cost and expense, repair any damage to the Premises caused by such removal and restore the Premises to the condition that existed prior to such Alteration and/or Permitted Alteration in accordance with all applicable laws, statutes, building codes, and regulations in effect as of the making date of such restoration. In addition, upon the expiration or sooner termination of the term, Landlord may, at its sole option, require Tenant, at Tenant’s sole cost and expense, to promptly both remove any Alterations and/or Permitted Alterations made by or on behalf of Tenant (without regard for which party paid the cost thereof) and designated by Landlord to be removed and repair any damage to the Premises caused by such removal, and restore the Premises to the condition that existed prior to such Alteration or Permitted Alteration in accordance with all applicable laws, statutes, building codes, and regulations in effect as of the date of such restoration. Notwithstanding the foregoing, if requested by Tenant at the time Tenant (A) requests Xxxxxxxx’s consent to the Alteration in question or (B) provides written notice of any Alterations. If Permitted Alteration, Landlord shall notify Tenant concurrently with its consent to the Alterations which Alteration, or within thirty (30) days after Landlord receives written notice of a Permitted Alteration, whether Landlord will require Tenant causes to be constructed result in Landlord being required to make any alterations remove such Alteration or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party Permitted Alteration upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the expiration or earlier termination of this Lease, unless . Unless Landlord requests their removal, in which event requires removal or Tenant shall elects to remove the same prior to the expiration of the term, all Alterations and restore Permitted Alterations made by or on behalf of Tenant after the Leased Commencement Date (excluding Tenant’s Property), shall become a part of the Premises and belong to their original condition Landlord upon the expiration or earlier termination of this Lease. Any Tenant’s Property or other moveable furniture and equipment or trade fixtures belonging to anyone claiming through Tenant remaining on the Premises at the expiration or other termination of the term shall be disposed of at Tenant's ’s sole expense, in accordance with applicable law by Landlord unless promptly removed by Tenant. If, during the term, any Alteration of the Premises is required by law, regulation, ordinance or order of any public authority with respect to Tenant’s particular use of the Premises or any Alterations or Permitted Alterations made by or on behalf of Tenant after the completion of the Tenant Improvements, such Alteration shall be promptly made by Tenant, at its sole cost and expense. Any linoleumIf, carpeting or other floor covering which may be cemented or otherwise affixed during the term, any Alteration to the floor Common Area, the Premises or to the Project is required by law, regulation, ordinance or order of the Leased Premises is a permanent fixture and shall become the property of Landlord any public or quasi-public authority, without credit or compensation regard to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed ’s particular use or an Alteration or Permitted Alteration made by or for on behalf of Tenant, even if located outside Landlord shall make such Alteration(s) and the Leased Premises. cost thereof shall be a common area charge and Tenant shall pay its percentage share of such cost to Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this Leaseas provided in paragraph 16.

Appears in 1 contract

Samples: Lease (Hemosense Inc)

Alterations. Tenant shall not make any Alterations without the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, Section 10.01 Tenant shall make no alterations, installations, additions or improvements (“Alterations”) in or to the Alteration at its expense using a contractor Premises without Landlord’s prior written consent, and then only by contractors approved in writing by Landlord. Tenant shall ensure that its contractors maintain labor harmony in the Building. All contractors shall be required to comply with Landlord’s construction rules in effect from time to time. Alterations of a purely decorative nature, such as painting or wallpapering, and which do not require its contractor a building permit shall not require Landlord’s approval, but shall be required to maintain insurance in comply with all other provisions of this Article 10. All Alterations shall be done at Tenant’s sole expense (subject to the Tenant Allowance for the initial Tenant Improvements) and at such amounts times and in such form manner as Landlord may require. Without Landlord's prior written consentfrom time to time designate (or as specifically provided for in Exhibit D for the initial Tenant Improvements) and in full compliance with all applicable statutes, Tenant shall not use any portion of the Common Access Area in connection laws, codes, ordinance, rules and regulations and with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvementsgovernmental authorities having jurisdiction thereof. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon affixed to the Leased Premises shall Building including the initial Tenant Improvements shall, if Landlord so elects, become the property of Landlord and remain upon upon, and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event . Tenant shall remove the same Alterations including, without limitation, any initial Tenant Improvements designated by Landlord to be removed at Tenant’s sole expense and shall restore the Leased Premises to their original the condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed prior to the floor installation of the Leased Premises is a permanent fixture and such Alterations; provided, however, Tenant shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right not be required to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premisesany Tenant Improvements unless they constitute Tenant Specialty Items (hereinafter defined in Article 29). Tenant shall pay correct or replace any installation that causes damage to or failure of any Building facility or service. In the event that Tenant fails to correct such installation, Landlord may make such correction and charge Tenant for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation cost thereof. Any sums so expended by Landlord shall survive the termination or expiration of this Leasebe deemed Additional Rent.

Appears in 1 contract

Samples: Lease (Cara Therapeutics, Inc.)

Alterations. Tenant If Subtenant desires to make modifications to the interior of the Subleased Premises during the Sublease Term (“Subtenant Alterations”) Subtenant shall make a written request for the Subtenant Alterations to Sublandlord and include site plans, drawings or other information that may reasonably be requested by Sublandlord; provided, however, that Subtenant shall not make any Alterations without the prior written consent be required to seek Sublandlord’s approval of Landlordchanges to paint, except wall coverings and carpet for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Subleased Premises. Tenant Sublandlord may approve or deny the Subtenant Alterations in its sole discretion and shall furnish complete plans and specifications to Landlord for provide written notice of its approval or denial to Subtenant. Subtenant Alterations approved by Sublandlord shall be made at Subtenant’s cost and expense. Subtenant shall not permit alterations in or to the time it requests Landlord's consent Subleased Premises unless and until proposed Subtenant Alterations have been approved by Sublandlord in writing as required by this Section 7.03. As a condition of such approval, Sublandlord may require Subtenant to remove the alterations and restore the Subleased Premises upon termination of this Sublease; otherwise, all such alterations shall at become a part of the realty and the property of Sublandlord, and shall not be removed by Subtenant. Subtenant shall ensure that all Subtenant Alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the original construction of the Subleased Premises. No person shall be entitled to any Alterations if lien derived through or under Subtenant for any labor or material furnished to the desired Alterations: Subleased Premises, and nothing in this Sublease shall be construed to constitute consent by Sublandlord to the creation of any lien. If any lien is filed against the Subleased Premises for work claimed to have been done for or material claimed to have been furnished to Subtenant, Subtenant shall cause such lien to be discharged of record within thirty (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (1030) days after the rendition of a bill for filing. Subtenant shall indemnify Sublandlord from all of Landlord's actual out-of-pocket costs incurred costs, losses, expenses and attorneys’ fees in connection with any Alterationsconstruction or alteration and any related lien. Subtenant shall indemnify Sublandlord from all costs, including all managementlosses, engineering, outside consulting, expenses and attorneys' fees in connection with any construction fees incurred or alteration for work performed by or on behalf of Landlord Subtenant (except with respect to any such costs, losses, expenses or attorneys’ fees result from the acts or omissions of Sublandlord, or any affiliate of Sublandlord) and any related lien. Prior to commencing any Subtenant Alterations performed by any contractor, Subtenant shall: (a) obtain all permits, licenses, and approvals required for Subtenant to perform such work; (b) deliver to Sublandlord (i) copies of such permits, licenses, and approvals and (ii) evidence reasonably satisfactory to Sublandlord that Subtenant and/or Subtenant’s contractor has procured workers’ compensation, general liability, and personal and property damage insurance as Sublandlord may reasonably require; (c) cause any such work to be performed (i) in accordance with the review plans approved by Sublandlord and approval of Xxxxxx's plans (ii) in a good and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts workmanlike manner and in such form as Landlord may require. Without Landlord's prior written consentcompliance with all applicable laws; (d) ensure that all contractors, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcelsubcontractors, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's billlaborers, and such obligation shall survive suppliers performing work or supplying materials are paid in full; and (e) during the termination or expiration performance of Subtenant’s Alterations, observe and perform all of its obligations under this LeaseSublease.

Appears in 1 contract

Samples: Sublease by And

Alterations. No alterations, additions, or improvements to the Premises (other than the Tenant Improvements) shall be made without first having the consent in writing of Landlord which consent shall not be unreasonably withheld or delayed; nor shall such alternations, additions, or improvements interfere with or damage the mechanical or electrical systems or the structure of the Premises or the Building. Further, Tenant shall not make install or maintain any Alterations without apparatus or device which will increase the usage of electrical power, water, or gas for the Premises to an amount greater than would be required for normal general office use for space of comparable size, unless Tenant shall have first obtained the prior written consent of Landlord and Tenant shall have delivered to Landlord a written agreement to pay additional costs related thereto. Landlord shall have the right to approve all window treatments in the Premises. Notwithstanding the foregoing, Tenant shall have the right without Landlord’s consent to undertake and perform nonstructural alterations and improvements which Tenant considers necessary or appropriate to enhance and supplement heating, except for ventilating, air conditioning, electrical and communications equipment and systems serving the Premises and Tenant’ s operations therein, including without limitation the installation and removal of unattachednon-load bearing partition walls, movable trade fixtures and the construction of control rooms which may be installed without drillingnecessary or appropriate to support such operations. Nothing herein is meant to interfere with Tenant’s ability to control the floor layout in the Premises. Except as otherwise provided in this Lease, cutting any alterations, additions or otherwise defacing improvements consented to by the Leased PremisesLandlord shall be made at Tenant’ s sole expense. Tenant shall furnish complete plans secure any and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building all governmental permits, approvals, or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit authorizations required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterationssuch work and shall hold Landlord harmless from any and all liability, costs, damages, expenses (including attorney’ s fees) and liens resulting therefrom. All alterations (expressly excluding all managementtrade fixtures, engineeringoffice furniture systems, outside consultingsecurity systems, appliances and construction fees incurred by or on behalf of Landlord for equipment), shall become the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction property of the Alterations. If Landlord consents upon termination of this Lease; provided however that Landlord may require Tenant to remove all or a portion or the alterations made to the making Premises at the termination of any Alteration, Tenant shall make this Lease if Landlord designates in writing such removal when the Alteration at its expense using a contractor approved alterations are requested in writing by LandlordTenant. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall Such property which does not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become remain the property of Landlord without credit or compensation to Tenant. Landlord reserves , and Tenant shall have the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside such property from the Leased Premises. Tenant shall pay agrees to indemnify and hold Landlord harmless against and from all claims for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's billmechanic’ s, and such obligation shall survive the termination materialmen’s or expiration of this Leaseother liens in connection with any alterations, additions, or improvements to which Landlord may give its consent.

Appears in 1 contract

Samples: Building Lease (DERMAdoctor, LLC)

Alterations. 9.1 Tenant shall not make any Alterations alterations, additions or improvements to the Premises (“Alterations”) without the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterationswhich: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental governmental or quasi-governmental agency or authority; or (iii) will cost more than in excess of Twenty Thousand Dollars ($10,000 in any calendar year (but 20,000.00). Tenant shall not artificially split furnish complete plans and specifications to Landlord for its approval at the cost of time it requests Xxxxxxxx’s consent to any Alterations into separate phases in order if the desired Alterations require Xxxxxxxx’s consent hereunder. Subsequent to avoid the $10,000 limitation). After obtaining Xxxxxxxx's Landlord’s consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's ’s actual out-of-pocket costs incurred in connection with any Alterations, including all reasonable management, engineering, outside consulting, and construction fees actually incurred by or on behalf of Landlord for the review and approval of Xxxxxx's ’s plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form Except as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred otherwise agreed by Landlord in making such alterations or improvements. All and Tenant, all Alterations and fixtures (other than unattached, movable trade fixtures), ) which are may be made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removalremoval at the time that Landlord provides consent thereto, in which event Tenant shall remove the same and restore the Leased affected area of the Premises to their original condition at Tenant's ’s expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Notwithstanding anything to the contrary in this Section 9.1, Landlord reserves and Tenant hereby agree that the right to remove following fixtures shall be removed by Tenant at Tenant's expense all Cable the expiration or earlier termination of the Lease and shall not become the property of Landlord: public restroom toilets, sinks, mirrors, and other fixtures; architectural “character” lighting instruments; bar structures and back-bar shelving; lighted exit signage; and interior doors except for those installed by or for Tenant, even if located outside the Leased PremisesLandlord as part of Landlord’s “core and shell work” as specified in Exhibit B hereunder. Tenant shall pay Landlord for repair any damage caused by the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this Leasefixtures.

Appears in 1 contract

Samples: Lease

Alterations. Tenant shall not make any Alterations alterations, additions or improvements to the Premises or Property (‘Alterations’) without the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans have the right at any time during the Lease Term, without needing Landlord’s prior written consent, to make cosmetic, non-material and specifications non-structural alterations to Landlord for its approval at the time it requests Landlord's consent Premises which cost shall not exceed Twenty Thousand Dollars ($20,000.00) in any one calendar year. Tenant shall make no Alterations to the Premises, including, without limitation any Alterations if the desired Alterations: (i) which will affect adversely impact the Building’s mechanical, electrical or heating, ventilation or air conditioning systems, or (ii) which will adversely impact the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; , or (iii) which are visible from the exterior of the Premises or (iv) which will cost more than $10,000 result in any calendar year the penetration or puncturing of the roof, without first obtaining Landlord’s prior written consent or approval to such Alterations (but Tenant which consent or approval shall not artificially split be in the cost of Alterations into separate phases in order to avoid the $10,000 limitationLandlord’s sole and absolute discretion). After obtaining Xxxxxxxx's consent Notwithstanding the aforesaid, Tenant, at Tenant’s sole cost and prior to commencement expense, may install such trade fixtures as Tenant may deem necessary, so long as such trade fixtures do not penetrate or disturb the structural integrity and support provided by the roof, exterior walls or subfloors. All such trade fixtures shall be constructed and/or installed by contractors approved by Landlord, in a good and workmanlike manner, and in compliance with all applicable governmental and quasi-governmental laws, ordinances and regulations, as well as all requirements of Landlord’s insurance carrier. Upon the Alterationsexpiration or earlier termination of this Lease, Tenant shall deliver to Landlord remove all trade fixtures and any building permit required other Alterations installed by Applicable Law and a copy of Tenant within the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any AlterationsPremises; and, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alterationupon such removal, Tenant shall make restore the Alteration at its expense using Premises to a contractor approved condition substantially similar to that condition when received by Tenant. However, notwithstanding the aforesaid, upon Landlord’s written election, such Alterations shall revert to Landlord and shall remain within the Premises. In no event shall Landlord have any right to any of Tenant’s trade fixtures; and, except as otherwise set forth in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consentthis Lease, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making may remove such alterations or improvements. All Alterations and trade fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their provided Tenant repairs any damage caused by such removal. If Tenant does not timely remove such property, in which event then Tenant shall be conclusively presumed to have, at Landlord’s election (i) conveyed such property to Landlord without compensation or (ii) abandoned such property, and Landlord may dispose of or store any part thereof in any manner at Tenant’s sole cost, without waiving Landlord’s right to claim from Tenant all expenses arising out of Tenant’s failure to remove the same property, and restore the Leased Premises without liability to their original condition at Tenant's expense. Any linoleum, carpeting Tenant or any other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenantperson. Landlord reserves the right shall have no duty to remove at Tenant's expense all Cable installed by or for Tenantbe a bailee of any such personal property. If Landlord elects abandonment, even if located outside the Leased Premises. Tenant shall pay Landlord for the to Landlord, upon demand, any expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this Leasedisposition.

Appears in 1 contract

Samples: Agreement of Lease (Shutterfly Inc)

Alterations. A. Tenant shall not make any Alterations without alterations, improvements or additions to the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures Leased Premises (collectively “Alterations”) which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or Building systems. Any other systems serving Alterations shall be subject to the Leased Premises or prior written consent of Landlord, which consent shall not be unreasonably withheld. If Landlord consents to any Alterations, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with (i) security for the Building; or payment of all costs to be incurred in connection with the Alterations, (ii) will require insurance against liabilities which may arise out of the filing Alterations and (iii) copies of plans and specifications with any Governmental and all permits necessary for the Alterations. Any Alterations shall be done at Tenant’s expense by employees of or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but contractors hired by Landlord, except to the extent Landlord gives its prior written consent to Tenant’s hiring its own contractors. In all events, Tenant shall not artificially split use Landlord’s contractors for Alterations to and Alterations affecting any of the following: heating, ventilation, air conditioning, electrical, plumbing and life safety systems. Tenant shall promptly pay to Landlord or Tenant’s contractors, as the case may be, when due, the cost of all such Alterations. Tenant shall only use union contractors and subcontractors. Tenant shall also pay to Property Manager, whether the Alterations into separate phases in order are made by Landlord, Tenant or Tenant’s contractors, a percentage of the cost of such Alterations sufficient to avoid reimburse Property Manager for all costs and expenses arising from the $10,000 limitation)involvement of Landlord or Property Manager with the Alterations. After obtaining Xxxxxxxx's Said percentage shall be payable as follows: 50% within five days after Landlord grants its consent to the Alterations, and prior to commencement the balance within 30 days after completion of the Alterations. Upon completion of the Alterations, Tenant shall deliver to Landlord, if payment is made by Tenant directly to contractors, evidence of payment, all contractors’ and subcontractors’ affidavits, full and final waivers of all liens for labor, services or materials and such other supplemental documentation as Landlord any building permit required by Applicable Law may reasonably require, all in form and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents substance satisfactory to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require defend and hold Landlord and the Property harmless from, and shall pay, all liabilities, claims, judgments, costs, damages, liens and expenses related to the Alterations. All repairs and Alterations done by Tenant or its contractor contractors pursuant to maintain Paragraphs 8 or 9 shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance in such amounts requirements and in such form as Landlord may requireall applicable laws, ordinances, rules, regulations and orders of all courts and other tribunals, governmental and quasi-governmental departments and agencies. Without Landlord's prior written consent, At all times Tenant shall not use any portion of the Common Access Area cause contractors and others performing Alterations for Tenant to work in connection harmony with the making of any Alterations. If the Alterations which Tenant causes to be constructed result contractors, agents and employees performing work in Landlord being required to make any alterations or improvements to other portions of the Building for Landlord or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this Leaseothers.

Appears in 1 contract

Samples: Lease (Stockeryale Inc)

Alterations. Tenant shall have the right to perform alterations, ----------- including, without limitation, the initial tenant improvements, by selecting a general contractor, construction manager, subcontractors, architects and engineers of its choice, subject to Landlord's approval, which approval shall not make be unreasonably withheld, conditioned or delayed. Landlord shall not receive any Alterations without the prior written consent of Landlord, except profit from or charge any supervisory fees for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased PremisesTenant's alterations unless Tenant requests Landlord to perform supervisory work. Tenant shall furnish complete have the right to perform alterations 24 hours per day, seven days per week, 365 days per year throughout the Demised Term, and shall have reasonable access to the parking areas, roof, loading docks and other common areas. Prior to commencing any alterations, Tenant shall submit plans and specifications to Landlord for its approval, which approval at the time it requests Landlord's consent shall not be unreasonably withheld, conditioned or delayed. If Landlord fails to any Alterations if the desired Alterations: (i) will affect the structure of the Building approve or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of disapprove such plans and specifications with or any Governmental modifications thereto within five (5) business days after submission, the same shall be deemed approved by Landlord. If Landlord disapproves such plans and specifications or quasi-governmental agency or authority; or (iii) will cost more than $10,000 any modifications thereto, Landlord shall, in any calendar year (but the written notice given to Tenant shall not artificially split disapproving the cost of Alterations into separate phases in order same, specify the reasons for such disapproval. With respect to avoid Tenant's initial improvements, if Landlord and Tenant are unable to agree upon the $10,000 limitation). After obtaining Xxxxxxxx's consent plans and prior to commencement of the Alterationsspecifications by February 15, 2000, Tenant shall deliver have the right to terminate this Lease by notice to Landlord. Landlord shall, in the written notice given to Tenant approving any building permit required by Applicable Law plans and a copy specifications, notify Tenant which of the executed construction contract(s)improvements, fixtures and equipment must be removed at the end of the Demised Term, which of the improvements, fixtures and equipment may (but do not have to) be removed at the end of the Demised Term, and which of the improvements, fixtures and equipment may not be removed at the end of the demised Term. Tenant shall reimburse If the plans and specification are deemed approved by Landlord, Landlord shall, within ten three (103) business days after receiving a written request therefor from Tenant, give a written notice to Tenant specifying which of the rendition improvements, fixtures and equipment must be removed at the end of a bill for all the Demised Term, which of Landlord's actual out-of-pocket costs incurred in connection with any Alterationsthe improvements, including all management, engineering, outside consultingfixtures and equipment may (but do not have to) be removed at the end of the Demised Term, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction which of the Alterationsimprovements, fixtures and equipment may not be removed at the end of the Demised Term. If Landlord consents to the making of In any Alterationevent, Tenant shall make have the Alteration at its expense using a contractor approved in writing by Landlord. right to elect not to remove conduit, cabling, piping, electrical conductors or standard office improvements and Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves have the right to remove any or all of its equipment, including generators, HVAC, batteries, UPS systems, etc. at Tenant's expense all Cable installed by or for Tenant, even if located outside any time during the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this LeaseDemised Term.

Appears in 1 contract

Samples: Lease Agreement (Inflow Inc)

Alterations. Tenant Subtenant shall not make any Alterations alterations, additions or improvements (collectively, “Alterations”) in or to the Sublease Premises or make changes to locks on doors or add, disturb or in any way change any plumbing, mechanical, electrical, HVAC, life safety or other Building systems without obtaining the prior written consent of Sublandlord (which consent will not be unreasonably withheld, conditioned or delayed) and Master Landlord in accordance with Section 9 of the Master Lease. Any Alterations must be done in full compliance with the provisions of Section 9 of the Original Lease and all other applicable provisions of the Master Lease; provided, however, that in all instances concerning Sublandlord’s approval of Subtenant’s Alterations, any time period in which Sublandlord shall have to grant or withhold its consent to such Alterations shall be extended by ten (10) days beyond the corresponding time period under the Master Lease (i.e., if Master Landlord has ten (10) days to approve an Alteration, Sublandlord shall have twenty (20) days in which to approve the same Alteration). All Alterations shall be made at Subtenant’s sole cost and expense and by contractors or mechanics reasonably approved by Sublandlord and Master Landlord. All work with respect to any Alterations shall be performed in a good and workmanlike manner, except shall be of a quality equal to or exceeding any then existing construction standards for the installation Building and shall be constructed in compliance with all plans reasonably approved by Sublandlord and Master Landlord. All Alterations shall be made strictly in accordance with all laws, regulations and ordinances relating thereto, including all building codes and regulations and the ADA. In furtherance of unattachedthe foregoing Subtenant, movable trade fixtures at Subtenant’s sole cost and expense, shall make and complete any and all necessary alterations or upgrades to the Sublease Premises arising or otherwise triggered by reason of Subtenant’s Alterations in order to fully comply with the ADA and any life safety requirements applicable to the Sublease Premises and the Building. Subtenant, at its sole cost and expense, shall obtain any and all permits and consents of applicable governmental authorities (collectively “Permits”) in connection with all Alterations. Subtenant shall be liable to Sublandlord and Master Landlord for the reasonable costs of any improvements to the Building (whether or not on the Sublease Premises) which may be installed without drillingrequired as a consequence of Subtenant’s Alterations. With respect to any Subtenant Alterations costing in excess of Three Hundred Thousand Dollars ($300,000.00), cutting Sublandlord may, in its reasonable discretion, require Subtenant, at Subtenant’s cost, to obtain and deliver to Sublandlord a performance bond and a labor and materials payment bond for the benefit of Sublandlord, issued by a corporate surety licensed to do business in California and acceptable to Sublandlord, each in the amount of One Hundred Twenty-Five Percent (125%) of the cost of the work in a form reasonably satisfactory to Sublandlord. Sublandlord hereby reserves the right to require any contractor, subcontractor or otherwise defacing materialman working in or providing materials to the Leased Sublease Premises to provide lien waivers and commercially reasonable liability insurance covering the Alterations to the Sublease Premises. Tenant Subtenant shall furnish complete plans give Master Landlord and specifications Sublandlord ten (10) days written notice prior to the commencement of any Alterations and shall allow Master Landlord and Sublandlord to enter the Sublease Premises at reasonable times upon not less than one (1) days prior verbal notice to post appropriate notices to avoid liability to contractors or material suppliers for its approval payment for any Alterations. All Alterations shall remain in and be surrendered with the Sublease Premises as a part thereof at the termination of this Sublease, without disturbance, molestation or injury, provided that each of Master Landlord and/or Sublandlord may require any Alterations (including, without limitation, all cabling and wiring) to be removed upon termination of this Sublease if and only to the extent such removal may be required by Master Landlord under the terms of the Master Lease. Subtenant shall request, at the time it requests Landlord's Sublandlord and Master Landlord consent to any an Alteration, whether Master Landlord and/or Sublandlord will require Subtenant to remove such Alterations if at the desired Alterations: (i) will affect the structure expiration of the Building Term or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the earlier termination of this LeaseSublease. In such event, unless Landlord requests their removal, in which event Tenant shall all expenses to remove the same said Alterations and to restore the Leased Sublease Premises to their original the surrender condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may required under the Master Lease shall be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed paid by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this LeaseSubtenant.

Appears in 1 contract

Samples: Sublease (Mobileiron, Inc.)

Alterations. Tenant shall not at any time during the Term of this Lease make any Alterations openings in or other alteration or improvement to the roof or exterior walls of the Building or make any alteration, addition or improvement to the Premises or any portion thereof (hereinafter collectively referred to as “Alterations”) without in each instance, the prior written consent of Landlord; provided, except however, upon notice to, but without the requirement of the written consent of Landlord, Tenant shall have the right to make Alterations to the interior of the Premises where same are non-structural, do not require openings in or other alteration or improvement to the roof, exterior walls or other structural components of the Building, do not adversely affect any Building system, and do not exceed FIFTY THOUSAND AND NO/100 DOLLARS (550,000.(X)) in the aggregate in any twelve (12)-month period. In the event Tenant requests Landlord’s consent to make any Alteration which does not involve openings in or other alterations or improvements to the roof, Landlord shall not unreasonably withhold its consent to the Alteration. No Alterations to the Premises for the installation which Landlord’s consent is required shall be commenced by Tenant until Tenant has furnished Landlord with a satisfactory certificate or certificates from an insurance company acceptable to Landlord, evidencing insurance coverage required under Section 9.2 hereof. Any Alterations by Tenant hereunder shall be done in a good and workmanlike manner in compliance with any Legal Requirements. Upon completion of unattachedany Alteration by Tenant hereunder, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s“as built” plans covering such construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except Landlord, its agents, employees or contractors. Before commencing any Alterations, involving an estimated cost of more than FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00): (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord (such approval shall not be unreasonably withheld or delayed); (b) Tenant shall reimburse furnish to Landlord within ten an estimate of the cost of the proposed work, certified by the architect who prepared such plans and specifications; (10c) days after all contracts for any proposed work shall be submitted to and subject to the rendition of a bill for all reasonable approval of Landlord's actual out; (d) evidence of insurance as required by Article IX hereof; and (f) such other requirements as Landlord may reasonably require to be satisfied. Prior to the commencement of any construction activity for which Landlord’s consent shall be required, certificates of such insurance coverages shall be provided to Landlord and renewal certificates shall be delivered to Landlord prior to the expiration date of the respective policies. Notwithstanding the foregoing, no Alterations of any kind shall be made which would (i) change the general design, use, character or structure of the Premises or any part thereof; (ii) decrease the size of the Premises or any part thereof; (iii) reduce or impair, to any material extent, the value, rentability or usefulness of the Premises or constitute waste; or (iv) give to any owner, lessee or occupant of any other property or to any other person or corporation any easement, right-of-pocket costs incurred way or any other right over the Premises. Any Alteration shall be made with reasonable dispatch and in connection a good and workmanlike manner and in compliance with any Alterations, including all management, engineering, outside consulting, applicable permits and construction fees incurred by or on behalf of Landlord for the review authorizations and approval of Xxxxxx's plans buildings and specifications zoning laws and for the monitoring of construction of the Alterationswith all other Legal Requirements. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall work does not use any portion of the Common Access Area in connection comply with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination provisions of this Lease, unless Landlord requests their removalmay, in which event by notice to Tenant, require that Tenant shall remove stop the same work and restore take steps necessary to cause corrections to be made, or Landlord may, itself, perform the Leased Premises to their original condition work, at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this Lease’s cost.

Appears in 1 contract

Samples: Industrial Building Lease (Factory Card & Party Outlet Corp)

Alterations. Tenant shall not make any Alterations alterations to the Project; with the exception that Tenant shall have the opportunity however not the obligation to repaint the exterior green and xxxx painting (stripes, doors, awnings, etc.) on the Project; Tenant permitted to paint stripes blue and/or white, and doors and awnings xxxx or white . 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 the Landlord’s prior written consent of Landlord, except for the installation of unattached, movable trade fixtures in each instance which consent shall not be unreasonably withheld or delayed but which may be installed without drillingissued subject to reasonable conditions. If Landlord gives its consent to such alterations, cutting 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 otherwise defacing termination of this Lease, except that Landlord may, within 30 days before or 30 days after the Leased 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 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. Any request for Landlord’s consent to alterations shall be made at least thirty (30) days before any work is commenced and shall be accompanied by (i) detailed and costed plans and specifications for all alterations, and (ii) Tenant’s written agreement to provide, upon completion of work, a complete set of as-built plans and specifications. Landlord may withhold consent, in its sole discretion, or may issue such consent subject to conditions. All alterations shall 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 obligation to comply with all laws. 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 the plans and specifications approved by Landlord. 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 furnish complete plans pay all costs for construction of alterations and specifications to Landlord for its approval at shall keep this Lease, the time it requests Landlord's consent to Premises and the Project free and clear of all liens which may result from work by third parties authorized by Tenant. If any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans such lien is filed and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord removed within ten (10) days after of written notice thereof from Landlord to Tenant, the rendition same shall be an event of default hereunder. It shall be a bill further event of default for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction Tenant to fail to remove such lien within ten (10) days of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this Leasefiling thereof.

Appears in 1 contract

Samples: Lease (Nlight, Inc.)

Alterations. Tenant The Lessee shall not make any Alterations alterations, additions, installations, or improvements to the interior or exterior of the Demised Premises without the prior written consent of Landlordthe Lessor, except which Lessor shall not unreasonably withhold, delay or condition. Lessor shall not be deemed unreasonable for requiring additional cash security to bond the installation of unattached, movable trade fixtures which may reasonably estimated future removal and restoration costs to be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to required by any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will such alterations that cost more than $10,000 in 50,000.00. Notwithstanding anything to the contrary provided herein, Lessee may make any calendar year (but Tenant shall decorative changes and any other non-structural alteration not artificially split affecting Building systems or structure without the cost of Alterations into separate phases in order need to avoid the $10,000 limitation). After obtaining Xxxxxxxxobtain Lessor's consent or approval. For the purposes of this Lease, the term "decorative changes" shall mean alterations to the Premises which are purely decorative and prior to commencement aesthetic in nature, such as hanging of artwork, plaques and picture frames, painting, carpeting and such other decorative changes or alterations which do not involve any structural parts of the AlterationsBuilding, Tenant shall deliver do not involve the removal of any walls (or any portion thereof), and/or do not involve changes or adjustments to Landlord any building permit required the Building mechanical, plumbing, electrical or HVAC systems or the like. All erections, alterations, additions, and improvements, whether temporary or permanent in character, which may be made upon or to the Demised Premises either by Applicable Law and a copy the Lessor or the Lessee, except furniture or movable trade fixtures installed at the expense of the executed construction contract(s). Tenant Lessee, shall reimburse Landlord within ten (10) days after be the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction property of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts Lessor and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Demised Premises and become the property of Landlord as a part thereof at the termination Termination Date, without compensation to the Lessee and without hindrance, molestation or injury. Notwithstanding the foregoing, Lessor shall have the right to require Lessee to remove such installations at Lessee's sole cost and expense at the expiration of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same Term and restore the Leased Premises to their its original condition as of the Commencement Date at Tenantthe Lessee's sole cost and expense, provided such removal requirement is contained within the written approval granted by Lessor. Any linoleum, carpeting alterations made in violation of the provisions of this paragraph shall be subject to Lessor's right to have same removed and /or restored at any time including upon the expiration or sooner termination of the Lease. All other floor covering which property of Lessee remaining on the Premises after the last day of the Term shall be conclusively deemed abandoned and may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture removed by Lessor, and Lessee shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord reimburse Lessor for the expenses incurred for removal cost of the Cable within fifteen (15) days after receipt of Landlordsuch removal. Lessor may have any such property stored at Lessee's bill, risk and such obligation shall survive the termination or expiration of this Leasereasonable expense.

Appears in 1 contract

Samples: Lease Agreement (Vyteris Holdings (Nevada), Inc.)

Alterations. Tenant shall not make any Alterations alterations, additions or improvements to the Premises (collectively, the “Alterations”) without the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's ’s consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building Building’s Systems or the HVAC or other systems serving the Leased Premises or the Building’s Structure; or (ii) will require the filing of plans and specifications with any Governmental governmental or quasi-governmental agency or authority; or (iii) will cost more than in excess of Five Thousand Dollars ($10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation5,000.00). After Subsequent to obtaining Xxxxxxxx's Landlord’s consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill xxxx for all of Landlord's ’s actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's Tenant’s plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, such Alteration shall be made by Tenant shall make the Alteration at its Tenant’s sole cost and expense using by a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or and/or improvements to other portions of the Building or CR Project ParcelPremises, as applicable, in order to comply with any Applicable applicable Laws, then Tenant shall reimburse Landlord on upon demand for all costs and expenses incurred by Landlord in making such alterations or and/or improvements. All Any Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit upon installation and shall remain on and be surrendered with the Premises upon the expiration or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the sooner termination or expiration of this Lease, except Tenant shall upon demand by Landlord, at Tenant’s sole cost and expense, remove all or any portion of any Alterations made by Tenant which are designated by Landlord to be removed and repair and restore the Premises in a good and workmanlike manner to their original condition, reasonable wear and tear excepted.

Appears in 1 contract

Samples: Industrial Lease (Middleton Doll Co)

Alterations. Tenant shall not make any Alterations not, without the prior written consent of LandlordLandlord which shall not be unreasonably withheld so long as Tenant demonstrates financial assurance of its ability to restore the Premises to original condition, except for make any alterations, improvements, or additions to the installation Premises, including, but not limited to, partitions, wall coverings, floor coverings, special lighting or equipment installations and structural changes (collectively the "Alterations"). Notwithstanding anything else in this Section 10.2, Tenant may make non-structural changes to the Premises (including roof penetrations) the cost of unattached, movable trade fixtures which may be installed is less than $50,000 per project without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent provided Tenant gives Landlord a copy of as-built plans within thirty (30) days after completion. If Tenant desires to make any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split , the cost of Alterations into separate phases in order to avoid the which exceeds $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations50,000, Tenant shall deliver first submit to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without obtain Landlord's written approval, if required, prior written consentto commencing any work. All Alterations, Tenant shall not use any portion of the Common Access Area whether temporary or permanent in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcelcharacter, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred made by Landlord or Tenant in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall become Landlord's property and shall remain upon the Premises at the termination of this Lease by lapse of time or otherwise, without compensation to Tenant (excepting only Tenant's movable office furniture, inventory, trade fixtures, and be surrendered with office and professional equipment). If Landlord's consent is required to the Leased Premises and become Alterations, Landlord may require Tenant to remove the property of Landlord Alterations at Tenant's cost upon the termination of this Lease, unless and repair any damage caused to the Premises as a result of any removal shall be paid for by Tenant; provided that Landlord requests their removal, in which event has given Tenant notice of its intent to require Tenant to remove and restore any Alterations within seven (7) days of Landlord's receipt of the plans and specifications. Tenant shall remove promptly pay, when due, all costs of all Alterations, and upon completion, deliver to Landlord, evidence of payment and waivers of all liens for labor, services, or materials. Tenant shall defend and hold Landlord and the same Premises harmless from all costs, including reasonable attorney fees, damages, liens, claims of liens for labor, services, or materials relating to the work. Tenant shall immediately give Landlord notice of any mechanics liens or foreclosure proceedings and restore Landlord shall be allowed, at its option, to participate in the Leased Premises to their original condition defense of or otherwise defend any such claim at the expense of Tenant. At Landlord's request, Tenant shall bond over any contested mechanics liens at Tenant's expense. Any linoleum, carpeting If Landlord incurs any expenses in the removal of trash or other floor covering which may be cemented or otherwise affixed to the floor cleaning as a result of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. contractors' work then Tenant agrees it shall pay reimburse Landlord for the expenses incurred for removal of the Cable within fifteen seven (157) days after receipt of Landlord's billbilling. In any event, and such obligation shall survive the upon termination or expiration of this Lease, Tenant shall not be obligated to remove any item or work attached to the Building as of the Commencement Date.

Appears in 1 contract

Samples: Lease (Quantum Corp /De/)

Alterations. Tenant shall not make any Alterations alterations, additions or improvements (collectively, "Alterations") in or to the Building without the Landlord's prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premisesconsent. Tenant shall furnish complete plans only utilize contractors approved by Landlord. Tenant shall, before making any Alterations, at its expense, obtain all permits, approvals and specifications to Landlord for its approval at the time it requests Landlord's consent to certificates required by any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental governmental or quasi-governmental agency or authority; or bodies and (iiiupon completion) will cost more than $10,000 in certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord, and Tenant agrees to carry, and to cause Tenant's contractors and sub-contractors to carry such workmen's compensation, general liability, personal and property damage insurance as Landlord may reasonably require. Upon completion of any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy one set of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out"as-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's built" plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvementstherefor. All Alterations installed in the Building, either by Tenant or by Landlord on Tenant's behalf, shall become the property of Landlord and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises Building upon the expiration or earlier termination of the Lease; provided, however, that Landlord shall have the right to require Tenant to remove such alterations at Tenant's sole cost and become expense upon the property of Landlord at the expiration or earlier termination of this Lease, unless which required removal shall be specified by Landlord requests their removalwhen Landlord consents to Tenant's requested alterations or shall be specified by Landlord after written request from Tenant in the event of any alteration which does not require Landlord's consent as hereinafter described. Nothing in this section shall be construed to give Landlord title to or to prevent Tenant's removal of trade fixtures, in which event moveable office furniture and equipment, but upon removal of any such equipment and fixtures from the Building or upon removal of other installations as may be required by Landlord, Tenant shall remove the same immediately and at its expense, repair and restore the Leased Premises Building to their original the condition existing prior to installation (subject to ordinary wear and tear) and repair any damage to the Building due to such removal. All property that was permitted or required to be removed by Tenant at the end of the Term but which remains in the Building for 10 days after Tenant vacates the Building shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed from the Building by Landlord at Tenant's expense. Any linoleumNotwithstanding the foregoing, carpeting Tenant may perform alterations to the Building without Landlord's prior written consent provided such alterations (or the performance thereof) do not (i) affect the mechanical, electrical HVAC, life safety, or other floor covering which may be cemented Building operating systems, (ii) affect the structural components of the Building or otherwise affixed to require penetration of the floor or ceiling of the Leased Premises is a permanent fixture Building, (iii) involve the use or disturbance of any Hazardous Materials or (iv) cost more than Twenty-Five Thousand and No/100 Dollars ($25,000.00) in any one instance, and further provided that Tenant gives Landlord prior written notice of such alterations and that such alterations (and the performance thereof) shall become otherwise be in compliance with the property provisions of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord this Article 7 (except for the expenses incurred for removal of the Cable within fifteen (15) days after receipt requirement of Landlord's bill, and such obligation shall survive the termination or expiration of this Leaseconsent).

Appears in 1 contract

Samples: Lease Agreement (United Stationers Supply Co)

Alterations. Tenant shall not make any Alterations without alterations (“Alterations”) to the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant Business Park without Landlord’s prior written consent, which consent shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation)be unreasonably withheld. After obtaining Xxxxxxxx's Once Landlord’s written consent and prior to commencement of the Alterationsis granted, Tenant shall deliver to must provide Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within at least ten (10) business days prior to the commencement of any Alteration with a complete description of each such Alteration including any building permit drawing(s) and specifications. Landlord may post notices regarding non-responsibility in accordance with the laws of the state in which the Premises are located. All Alterations made by Tenant shall be performed by Tenant and its contractors in a good and 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, except that Landlord may, within thirty (30) days before or thirty (30) days after expiration of the rendition of a bill for Term, elect to require Tenant to remove some or all of Landlord's actual out-of-pocket costs incurred in connection with any the Alterations which Tenant may have made to the Premises. If Landlord so elects, Tenant shall at its own cost restore the Premises to the condition that existed as of the Commencement Date, before the last day of the Term or within thirty (30) days after notice of its election is given, whichever is later. If requested by Tenant at the time of Tenant’s request for approval of Alterations, including Landlord shall advise Tenant in writing whether Landlord shall require Tenant to remove some or all managementof said Alterations upon expiration or termination of the Lease. Should Landlord consent in writing to Tenant’s Alteration of the Premises, engineering, outside consulting, and construction fees incurred Tenant shall contract with a contractor approved by or on behalf of Landlord for the review construction of such Alterations, shall secure all appropriate governmental approvals and approval of Xxxxxx's permits, and shall complete such Alterations with due diligence in compliance with plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor reasonably approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in pay all costs for such amounts construction and in such form as Landlord shall keep the Premises free and clear of all mechanics’ liens which may requireresult from construction by Tenant. Without Landlord's prior written consentNotwithstanding the foregoing, Tenant shall not use any portion of may construct non-structural Alterations within the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions interior of the Building or CR Project Parcelwithout Landlord’s prior approval, if the cost of any such project does not exceed Fifty Thousand Dollars ($50,000) in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvementstwelve (12)-month period. All Alterations and fixtures (other than unattached, movable Tenant’s trade fixtures), which are made or furniture, equipment and other personal property installed in the Premises (collectively, “Tenant’s Property”) shall at all times be and remain Tenant’s property. Tenant may remove Tenant’s Property from the Premises, provided that Tenant repairs all damage caused by either party upon the Leased Premises such removal. Landlord shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting have no lien or other floor covering which may be cemented or otherwise affixed to the floor interest in any item of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this Lease’s Property.

Appears in 1 contract

Samples: 3PAR Inc.

Alterations. Notwithstanding any provisions in this lease to the contrary, the Tenant shall not make any Alterations without the prior written consent of Landlordmay place partitions, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade including lighting fixtures), which are personal property, machinery, equipment and the like in the premises and may make such improvements and alterations therein and thereon as it may desire at its own expense, subject to the provision of the following subparagraphs. Tenant acknowledges that Landlord has conceded to Tenant the equivalent of $1,500,000 in "free-rent" in exchange for payment by Tenant for all the alterations and other work to be performed. All such work and installations (except personal property, fixtures [other than electrical fixtures], machinery and equipment) heretofore or hereafter made or installed by either party upon or for the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit and in case of damage or compensation to Tenant. destruction thereto by fire or other causes, Landlord reserves shall have the right to remove recover the value thereof as its own loss from any insurance company with which it has insured the same, or by separate claim, to claim an award in the event of condemnation. Subject to the provisions herein set forth, Tenant shall be permitted to make interior and non-structural alterations to the building at any time after the execution of this agreement after first obtaining written approval of the Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. On or before February 1, 1995, Tenant shall be required to submit architectural working drawings and specifications with respect to interior, exterior and structural alterations, including electric and reflective ceiling plans, and upon receiving Landlord's approval, to obtain at Tenant's expense all Cable installed by or for Tenantnecessary permits, even if located outside insurance and approvals. Such plans shall indicate the Leased Premiseslocation, total number of persons occupying the space and all equipment locations. Within seven (7) business days after delivery to Landlord of the architectural working drawings and specifications, Landlord shall submit to Tenant any reasonable comments Landlord may have with respect thereto. Tenant shall pay thereafter, within five (5) business days, resubmit to Landlord revised architectural working drawings and specifications incorporating Landlord's reasonable comments. Landlord's failure to respond within the time period set forth herein shall be deemed approval of Tenant's submission. Landlord shall have the right to approve or disapprove any proposed contractors in connection therewith (but such approval shall not be unreasonably withheld, conditioned or delayed) and Landlord shall designate on the drawings submitted which of said improvements shall remain after the termination of the lease and which shall be removed by Tenant at Tenant's expense. If Tenant desires, Landlord will obtain bids from three sub-contractors, recommended by Tenant or Landlord, and known to Landlord as reputable. All alterations [as shown on the drawings to be submitted to the Building Department (if required)] costing in excess of $15,000 are to be performed by Landlord or its designee, on a construction management basis, at cost plus 10%, through subcontractors approved by Tenant and Landlord, provided the cost to perform any such work shall be no greater than the cost for same obtained from a reliable general contractor. This provision shall apply only so long as Landlord remains as Owner of the premises. Landlord may withhold approval of any contractor selected by Tenant provided the contract is in excess of $100,000, if such contractor fails to post, for the expenses incurred benefit of Landlord and Tenant, a completion bond in form and amount reasonably satisfactory to Landlord and further, to provide certificates of insurance and proof of payment of premiums thereon. Tenant shall maintain the building in the same condition as at present throughout the Term (other than reasonable wear and tear and damage by casualty) except for removal those items which are the responsibility of Landlord, as hereinbefore enumerated. Upon receipt of Tenant's plans, (not later than February 1, 1995), Landlord will, at its sole cost and expense, contract for HVAC engineering drawings which will be designed in accordance with Tenant's architectural space plans, conforming with lease, whereby Landlord assumes responsibility for design of the Cable within fifteen (15) days after receipt original installation and duct work distribution of Landlord's bill14 rooftop units. Tenant is solely responsible for payment for the installation of its HVAC work, computers and such obligation shall survive the termination or expiration of this Leasespecial equipment.

Appears in 1 contract

Samples: Agreement (Cheyenne Software Inc)

Alterations. Tenant shall not make any Alterations alterations, improvements, additions, installations, or changes of any nature in or to the Premises (any of the preceding, "Alterations") without the Landlord's prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation)be unreasonably withheld or delayed. After obtaining Xxxxxxxx's consent and At least 10 days prior to commencement of the making any Alterations, Tenant shall submit to Landlord, in written form, proposed detailed plans of such Alterations. Tenant shall, prior to the commencement of any Alterations, at Tenant's sole cost, (a) acquire (and deliver to Landlord any building permit required by Applicable Law and a copy of) a permit from appropriate governmental agencies to make such Alterations (any conditions of which permit Tenant shall comply with, at Tenant's sole cost, in a prompt and expeditious manner), (b) obtain and deliver to Landlord a lien and completion bond in an amount equal to 150 percent of the executed construction contract(s). estimated cost of the proposed Alterations, to insure Landlord against any liability for mechanics' liens and to insure completion of the work, (c) provide Landlord with 10 days' prior written notice of the date the installation of the Alterations is to commence, so that Landlord can post and record an appropriate notice of non-responsibility, and (d) 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 reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred maintain in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction force until completion of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements). All Alterations shall upon installation become the property of Landlord and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon on and be surrendered with the Leased Premises and become on the property of Landlord at the Expiration Date or earlier termination of this Lease, unless except that Landlord requests their removalmay, at its election, require Tenant to remove any or all of the Alterations, by so notifying Tenant in writing on or before the Expiration Date or earlier termination of this Lease, in which event event, Tenant shall remove shall, at its sole cost, on or before the same Expiration Date or earlier termination of this Lease, repair and restore the Leased Premises to their original the condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed of the Premises prior to the floor installation of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation such Alterations to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premisesbe removed. Tenant shall pay Landlord all costs for Alterations and other construction done or caused to be done by Tenant. Tenant shall keep the expenses incurred for removal Premises free and clear of all mechanics' liens resulting from Alterations or other construction. Tenant may, at its election, contest the correctness or validity of any such lien provided that (i) immediately on demand by Landlord, Tenant procures and records a lien release bond in California, in an amount equal to 150 percent of the Cable within fifteen amount of the claim of lien, which bond meets the requirement of California Civil Code Section 3143, (15ii) days after receipt Tenant shall indemnify Landlord against liability for such claim of lien and shall hold the Real Property free from the effect of such claim of lien, and (iii) Landlord may, at its election, require Tenant to pay Landlord's billattorneys' fees and costs in participating in such an action, if such attorney's fees and such obligation shall survive the termination or expiration costs are incurred by Landlord as a result of this LeaseTenant's Default hereunder.

Appears in 1 contract

Samples: Lease (American Residential Investment Trust Inc)

Alterations. Except as provided for in EXHIBIT "C", Tenant shall not make no other alterations, additions or improvements ("Tenant Changes") to the Premises affecting the outside appearance of the Premises or any Alterations other part of the Shopping Center, structural alterations of any kind, and/or alterations affecting basic plumbing, air conditioning, electrical or life safety systems shared with the Common Areas or other tenants' premises, if any, without the Landlord's prior written consent of which shall not unreasonably be withheld or delayed. Whenever Landlord's consent is required for Tenant Changes, except accompanying Tenant's written request for the installation of unattachedsame, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete provide to Landlord all plans and specifications related to Landlord for its approval at the time it requests such alterations. Whether or not Landlord's consent to is required, upon completion of any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the AlterationsChanges, Tenant shall deliver provide to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s)as-built plans and specifications. Tenant shall reimburse Landlord within ten (10) days after acknowledges that Landlord's review of the rendition of a bill plans is for all the sole benefit of Landlord, and Landlord's actual out-of-pocket costs incurred in connection approval does not constitute any representation by Landlord as to the compliance of such plans with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by law or on behalf fitness of Landlord such alterations for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlordparticular purpose or use. Tenant shall require its contractor to maintain insurance Changes (including, without limitation, any air conditioning equipment or devices installed in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and Premises) shall become the property of Landlord without credit and shall be surrendered with the Premises, as a part thereof, at the end of the term or compensation earlier termination hereof; except that Landlord may, by written notice to Tenant. Landlord reserves Tenant prior to the right termination hereof or within sixty (60) days after termination for default, require Tenant to remove all Tenant Changes or such portion thereof as Landlord may designate, and to repair any damage from such removal, all at Tenant's expense all Cable installed sole expense. Landlord may impose such restrictions and conditions it deems appropriate on the construction of Tenant Changes including, without limitation, the types and amounts of insurance required to be carried by Tenant's general contractor for the benefit of Landlord and Tenant; and requiring Tenant to use contractors that are licensed and bondable; PROVIDED, however, that Tenant's selection of a general contractor shall not otherwise require Landlord's approval. Without limiting the generality of the foregoing, Tenant hereby covenants that, before commencing any Tenant Changes and regardless of whether or for Tenantnot Landlord's consent is first required, even if located outside the Leased Premises. Tenant shall pay (i) give Landlord for the expenses incurred for removal of the Cable within at least fifteen (15) days after receipt business days' written notice of the proposed commencement of such work (to afford Landlord an opportunity to post appropriate notices of nonresponsibility); (ii) secure, at Tenant's sole cost and expense, a completion and lien indemnity bond, in an amount equal to the cost of such Tenant Changes, and in all other respects satisfactory to Landlord for such work, and (iii) furnish Landlord with properly executed certificates of insurance in accordance with Paragraph 16.2 evidencing the types and amounts of insurance coverage required to be carried by Tenant's general contractor for the benefit of the Landlord and Tenant. Tenant covenants and agrees that all alterations done by or pursuant to the direction of Tenant shall be performed expeditiously, in a good and workmanlike manner, strictly in accordance with any plans and specifications related to such alterations that were approved by Landlord, in full compliance with all laws, rules, orders, ordinances, directions, regulations and requirements of all governmental agencies, offices, departments, bureaus and boards having jurisdiction, in full compliance with the rules, orders, directions, regulations, and requirements of the Insurance Service Office or any similar body, and in a manner so as to minimize interference with pedestrian and vehicular traffic and other businesses in the Shopping Center. Tenant shall procure and maintain in full force and effect during the course of such work, at Tenant's sole cost and expense, builder's risk insurance in an amount reasonably satisfactory to Landlord. The provisions of this Lease are intended fully to govern the rights and obligations of Landlord and Tenant as they relate to the need for repairs to the Premises. Accordingly, Tenant waives and releases any rights it may have to make repairs at Landlord's expense or to quit the Premises under Sections 1941, 1942(a), and 1932(1) of the California Civil Code or under any similar any law, ordinance or regulation which may now exist or hereafter be enacted or enforced which confers upon Tenant the right to make any repairs to the Premises of the type allocated to Landlord by this paragraph, whether or not for the account of Landlord, or to terminate this Lease because of Landlord's billfailure to keep the Premises or the Shopping Center in good order, condition and such obligation shall survive the termination or expiration of this Leaserepair.

Appears in 1 contract

Samples: Supplemental Agreement (Eagle Hardware & Garden Inc/Wa/)

Alterations. Except for cosmetic alteration projects that do not exceed $15,000.00 during each calendar year and that do not affect the structural, electrical or mechanical components or systems of the Building, are not visible from the exterior of the Premises, do not change the basic floor plan of the Premises, and utilize only Landlord’s building standard materials (which work shall require notice to Landlord but not Landlord’s consent), Tenant shall not make any Alterations no alterations, additions, decorations or improvements (collectively referred to as “Alterations”) to the Premises without the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant Landlord shall furnish complete plans and specifications to Landlord for not unreasonably withhold its approval at the time it requests Landlord's consent to any Alterations if which are not visible from the desired Alterations: exterior of the Premises and which do not (i) will affect the structure exterior of the Building or the HVAC or other systems serving the Leased Premises or the Building; , or (ii) will require penetrate any of the filing structural portions of plans and specifications with any Governmental or quasi-governmental agency or authority; the Building, including, but not limited to, the roof, or (iii) will cost more than $10,000 require any material change to the basic floor plan of the Premises (including without limitation, the adding of any material additional “office” square footage) or to any structural or mechanical systems of the Premises, or (iv) interfere in any calendar year (but Tenant shall not artificially split manner with the cost proper functioning of Alterations into separate phases or Landlord's access to any mechanical, electrical, plumbing or HVAC systems, facilities or equipment located in order or serving the Building. Landlord may impose, as a condition to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterationsits consent, Tenant shall deliver to any requirements that Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s)in its discretion may deem reasonable or desirable. Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for use Landlord’s designated mechanical and electrical contractors, obtain all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord required permits for the review Alterations and approval shall perform the work in compliance with all applicable laws, regulations and ordinances with contractors reasonably acceptable to Landlord. Except for cosmetic Alterations described above, Landlord shall be entitled to a supervision fee in the amount of Xxxxxx's plans and specifications and for 5% of the monitoring of construction cost of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may requireelect to cause its architect to review Tenant’s architectural plans, and the reasonable cost of that review shall be reimbursed by Tenant. Without Landlord's prior written consent, Should the Alterations proposed by Tenant shall not use any portion and consented to by Landlord change the floor plan of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable LawsPremises, then Tenant shall reimburse shall, at its expense, furnish Landlord on demand for with as-built drawings and CAD disks compatible with Landlord’s systems. Unless Landlord otherwise agrees in writing, all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of Premises, including without limitation all Tenant Improvements constructed pursuant to the Leased Premises is a permanent fixture Work Letter (except as otherwise provided in the Work Letter), but excluding moveable trade fixtures, equipment and furniture, shall become the property of Landlord without credit or compensation and shall be surrendered with the Premises at the end of the Term, except that Landlord may, by notice to Tenant. Landlord reserves Tenant given at the right 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 or by Landlord at Tenant's expense all Cable installed by or for Tenant’s request (collectively, even if located outside the Leased Premises“Required Removables”). Tenant shall pay Landlord for have no obligation to remove any Tenant Improvements constructed pursuant to the expenses incurred for Work Letter, but only as and to the extent set forth in the approved Plan and Cost Estimate. In connection with its removal of Required Removables, Tenant shall repair any damage to the Cable within fifteen (15) days after receipt of Landlord's billPremises arising from that removal and shall restore the affected area to its pre-existing condition, reasonable wear and such obligation shall survive the termination or expiration of this Leasetear excepted.

Appears in 1 contract

Samples: Landlord Waiver (AutoWeb, Inc.)

Alterations. Any alterations, additions, or improvements made by or on behalf of Tenant to the Premises (“Tenant-Made Alterations”) shall not make any Alterations without the be subject to Landlord’s prior written consent which shall not be unreasonably withheld, conditioned or delayed. Installation of Tenant’s furniture, fixtures and equipment and other of Tenant’s Personal Property shall be governed by the Development Agreement and shall not be considered Tenant-Made Alterations. Notwithstanding the foregoing, Landlord’s consent shall not be required for Tenant-Made Alterations that are non-structural, except are made only to the interior of the Building, do not cost in excess of $100,000 for any one Tenant-Made Alteration or $300,000 in the installation of unattachedaggregate within any single Lease Year and do not involve building penetrations that adversely affect the Building’s structure or the Building’s systems (collectively, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. “Minor Alterations”); provided that prior to performing any Minor Alterations Tenant shall furnish complete provide written notice to Landlord describing in reasonable detail the scope and nature of the work to be performed, and upon Landlord’s request Tenant shall remove any or all of the foregoing upon termination of this Lease and repair any damage caused by such removal. As part of its approval process, Landlord may require that Tenant submit plans and specifications to Landlord for its approval at the time it any Tenant-Made Alterations requiring Landlord’s approval. Landlord shall respond to all requests Landlord's by Tenant for consent to any Tenant-Made Alterations if within ten (10) Business Days of receipt of a written request describing in reasonable detail the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of proposed Tenant-Made Alteration, together with plans and specifications therefor if required. If Landlord fails to respond within such ten (10) Business Day period, Tenant may deliver a second request with a conspicuous notice that failure to respond will result in a deemed disapproval, and if Landlord does not respond to the second request within five (5) Business Days, Landlord shall be deemed to have approved Tenant’s request. In the event that Tenant performs a Tenant-Made Alteration without Landlord’s prior written consent and it is determined that Landlord’s consent was actually required under the terms of this Section, Landlord shall evaluate the completed Tenant-Made Alteration and give or withhold its consent as described above in this Section. If Landlord withholds its consent, Landlord may require that Tenant commence removal of the Tenant-Made Alteration and repair any Governmental damage to the Premises resulting from the unauthorized Tenant-Made Alteration or quasisuch removal within one hundred twenty (120) days after receipt of Landlord’s written disapproval and pursue such removal at Tenant’s sole cost until it is complete; provided, however, that if, after receipt of Landlord’s written notice, Tenant fails to commence removal of the Tenant-governmental agency Made Alteration within said one hundred twenty day period, or authority; or (iii) will cost more than $10,000 fails to remove the subject Tenant-Made Alteration and complete any required repairs within a reasonable time thereafter, in any calendar year (but either event, Landlord shall have the right to cause the removal of the subject Tenant-Made Alteration at Tenant’s reasonable cost. Tenant shall not artificially split cause, at its expense, all Tenant-Made Alterations to comply with Legal Requirements and the Declaration and shall construct at its expense any alteration or modification required by Legal Requirements and the Declaration as a result of any Tenant-Made Alterations. All Tenant-Made Alterations shall be constructed at Tenant’s sole cost in a good and workmanlike manner, in accordance with all Legal Requirements and any applicable provisions of the Declaration, and only new materials consistent with the quality of materials used in the existing improvements shall be used. Landlord may reasonably monitor construction of the Tenant-Made Alterations into separate phases that require Landlord’s approval. Tenant shall reimburse Landlord for any reasonable out-of-pocket costs incurred by Landlord in order to avoid connection with review of Tenant’s plans and specifications and supervising or monitoring the $10,000 limitation). After obtaining Xxxxxxxx's consent and construction; provided, that prior to commencement incurring any such costs for which Landlord intends to seek reimbursement from Tenant, Landlord shall provide Tenant with an estimate of the costs and Tenant may elect not to proceed with the Tenant-Made Alteration if Tenant does not approve of the cost. Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable law. At the completion of any Tenant-Made Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law final lien waivers from each contractor and subcontractor who did work on or supplied materials for the Tenant-Made Alterations that cost in excess of $10,000. At the time Landlord consents to a copy of the executed construction contract(s). Tenant shall reimburse Landlord Tenant-Made Alteration (or within ten (10) days Business Days after a written request by Tenant if the rendition Tenant-Made Alteration is not one for which consent is required), Landlord shall notify Tenant whether Tenant shall be required to remove the Tenant-Made Alteration at the expiration or termination of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consultingthe Lease Term, and construction fees incurred by or on behalf to restore the Premises to its condition prior to such Tenant-Made Alteration having been made. Failure of Landlord for to notify Tenant that a Tenant-Made Alteration must be removed shall mean that Tenant may leave or remove the review Tenant-Made Alteration, at its election, provided that if Tenant removes the Tenant-Made Alteration, it shall repair any damage caused by such removal. Except as otherwise provided herein, all Tenant-Made Alterations shall immediately upon completion or installation thereof be and approval of Xxxxxx's plans and specifications and for the monitoring of construction become a part of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation payment therefor by Landlord shall be surrendered to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the upon termination or expiration of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Zulily, Inc.)

Alterations. The Tenant shall not make any Alterations alterations, additions, or improvements to said Demised Premises without the prior written consent of the Landlord which consent shall not be unreasonably withheld, conditioned, or delayed; provided however that Landlord shall have no obligation to consent to structural change, roof penetrations, or changes which affect the building mechanical systems. Simultaneous with any request for Landlord’s consent and as a condition to Landlord’s consideration of same, Tenant shall supply Landlord with copies of all plans relating to any proposed alteration and a check in the amount of $500 to cover Landlord’s costs of reviewing and approving said request. If Tenant does make any additions, alterations or improvements (“Work”), Tenant must notify Landlord at the same time Tenant notifies any government officials to request permits or perform any inspections of said Work so that Landlord may have a representative present at said inspections. Upon completion of any Work, Tenant shall provide the Landlord with “as-built” plans of the Work. All erections, alterations, additions and improvements, whether temporary or permanent in character, which may be made upon the Demised Premises either by the Landlord or the Tenant, except for the installation of unattached, furniture or movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure expense of the Building or Tenant, shall at the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement option of the AlterationsLandlord, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy become the property of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Demised Premises and become the property of Landlord as a part thereof at the termination of this Leaselease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed without compensation to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this Lease.

Appears in 1 contract

Samples: Lease (API Nanotronics Corp.)

Alterations. a) Tenant shall not make any Alterations without alterations to the prior written consent of LandlordPremises, except for or to the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any AlterationsProject, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents any changes to the making of any Alterationexisting landscaping, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without without Landlord's prior written consent, As of the commencement of this Lease, the Tenant intends to construct a 7,000 - 8,000 square foot, light manufacturing, research and development area within the existing warehouse area of the Premises ("Clean Room"). Provided that the Tenant is in compliance with the provisions herein, and the construction of such Clean Room would not (I) cause Landlord to incur any cost or expense, or (ii) require Landlord to perform any improvements, alterations, or other work to the Premises, the Building, or the Project, then the Landlord shall not use any portion unreasonably withhold its consent for the Clean Room. If Landlord gives its consent to such alterations, Landlord may post notices in accordance with the laws of the Common Access Area state in connection with which the making of any AlterationsPremises are located. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any Any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon on and be surrendered with the Leased Premises upon expiration of the Term, 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. When submitting the proposed Alteration to the Landlord, the Tenant may request whether or not the Alterations will be required to be removed and become the property of Landlord Premises restored at the termination end of this Leasethe term or earlier expiration. Such request shall be in writing and the Landlord must be provided with detailed plans and specifications in order to properly evaluate the request. If Landlord so elects, unless Landlord requests their removalTenant shall, in which event Tenant shall remove the same and at its own cost, restore the Leased Premises to their original the condition at Tenant's expense. Any linoleumdesignated by Landlord in its election, carpeting or other floor covering which may be cemented or otherwise affixed to before the floor last day of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit Term or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) 30 days after receipt notice of Landlord's billits election is given, and such obligation whichever is later. Such restoration shall survive be performed by Tenant to a similar condition that existed immediately prior to entry into the termination or expiration of this LeasePremises by Tenant.

Appears in 1 contract

Samples: Letter Agreement (Vidamed Inc)

Alterations. Tenant may make cosmetic or non-structure alterations to the interior of the Premises costing less than $100,000 without Landlord’s prior written consent. Tenant shall not make any Alterations not, without the prior written consent of Landlord in each instance, make any other alterations, improvements or additions to the Premises. If Landlord consents to said alterations, improvements or additions, it may impose such conditions with respect thereto as Landlord deems appropriate, including, without limitation, requiring Tenant to furnish Landlord with security for the payment of all costs to be incurred in connection with such work, insurance against liabilities which may arise out of such work, plans and specifications and permits necessary for such work. The work necessary to make any alterations, improvements or additions to the Premises shall be done at Tenant’s expense by employees of, or contractors hired by, Landlord, except for to the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premisesextent Landlord gives its prior written consent to Tenant’s hiring contractors. Tenant shall furnish complete plans and specifications promptly pay to Landlord for its approval at or to Tenant’s contractors, as the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split case may be, when due, the cost of Alterations into separate phases in order all such work and of all decorating required by reason thereof. Tenant shall also pay to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior Landlord an amount equal to commencement ten percent (10%) of all of the Alterationscosts of such work to reimburse Landlord for all of its overhead and construction management services allocable to such work. Upon completion, Tenant shall deliver to Landlord any building permit required by Applicable Law Landlord, if payment is made directly to contractors, evidence of payment, contractors’ affidavits and a copy full and final waivers of the executed construction contract(s)all liens for labor, services or materials. Tenant shall reimburse defend and hold Landlord within ten and the holder of any legal or beneficial interest in the Land or Building harmless from all costs, damages, liens and expenses related to such work. All work done by Tenant or its contractors pursuant to Sections 6 or 11 hereof shall be done in a first-class workmanlike manner using only good grades of materials and shall comply with all insurance requirements and all applicable laws and ordinances and rules and regulations of governmental departments or agencies and the rules and regulations adopted by the Landlord for the Building. Within thirty (1030) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making substantial completion of any Alterationsuch work by Tenant or its contractors, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor furnish to maintain insurance in Landlord “as built” drawings of such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this Leasework.

Appears in 1 contract

Samples: Lease (Calamos Asset Management, Inc. /DE/)

Alterations. “Alterations” shall mean any alteration, addition, or improvement in or on or to the Premises of any kind or nature, including any improvements made before Tenant’s occupancy of the Premises. Tenant shall not make any no Alterations without the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which consent may be installed without drillingwithheld or conditioned in Landlord’s sole discretion. However, cutting Landlord will not unreasonably withhold or otherwise defacing delay consent to non-structural interior Alterations, provided that they do not involve demolition of improvements, affect utility services or Building systems, are not visible from outside the Leased Premises, and do not require other alterations, additions, or improvements to areas outside the Premises. Landlord, or its agent or contractor, may supervise the performance of any Alterations, and, if so, Tenant shall furnish complete plans and specifications pay to Landlord for its approval at the time it requests Landlord's consent an amount equal to any Alterations if the desired Alterations: (i) will affect the structure 5% of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases the work, as a supervisory fee. Except as expressly set forth in order this Lease, Landlord has made no representation or promise as to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement condition of the AlterationsPremises, Landlord shall not perform any alterations, additions, or improvements to make the Premises suitable and ready for occupancy and use by Tenant, and Tenant shall accept possession of the Premises in its then “as-is”, “where-is” condition, without representation or warranty of any kind by Landlord. Except for work to be performed by Landlord, before any Alterations are undertaken by or on behalf of Tenant, Tenant shall deliver to Landlord any building governmental permit required for the Alterations and shall require any contractor performing work on the Premises to obtain and maintain, at no expense to Landlord, workers’ compensation insurance as required by Applicable Law and a copy law, builder’s risk insurance in the amount of the executed construction contract(sreplacement cost of the applicable Alterations (or such other amount reasonably required by Landlord), commercial general liability insurance, and auto liability insurance (to include all automobiles owned, leased, hired or borrowed), written on an occurrence basis with minimum limits of $2 million per occurrence limit, $2 million general aggregate limit, $2 million personal and advertising limit, and $2 million products/completed operations limit; which coverage limits may be effected with umbrella coverage (including contractual liability, broad form property damage and contractor’s protective liability coverage). Tenant Contractor’s insurance shall reimburse contain an endorsement insuring the Landlord within ten and its managing agent (10and, if requested, Landlord’s mortgagee) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with as additional insureds and shall be primary over any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents other coverage available to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this Lease.

Appears in 1 contract

Samples: Office Lease (FlexShopper, Inc.)

Alterations. Section 10.1 Tenant shall not make any Alterations alterations or renovations to the Premises without the prior first obtaining Landlord's written consent of Landlordin each instance. Consent for merely "cosmetic" alterations is not required. If Landlord unreasonably withholds its consent after having been provided with full information and details as herein required, except for then Tenant may, as its sole remedy and at its sole cost and risk, proceed with the installation of unattached, movable trade fixtures which may alteration or renovation at its sole risk and expense utilizing a contractor approved by Landlord as provided herein. Landlord shall not be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications deemed unreasonable by refusing to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterationsalteration which: (i) will affect is or may be visible from the structure exterior of the Building or the Project, (ii) which may affect the building structure, exterior, load bearing members, walls, stairwells, escalators, or any electrical, mechanical, HVAC communication, alarm or other systems serving and equipment in the Leased Premises Building or Project or which are prohibited by any underlying ground lease or mortgage. Should Tenant desire to make any alterations to the Building; or (ii) will require the filing of Premises, Tenant shall submit all plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver for such proposed alterations to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with review before Tenant allows any Alterations, including all management, engineering, outside consultingsuch work to commence, and construction fees incurred by Landlord shall approve or on behalf of Landlord for the review and approval of Xxxxxx's disapprove such plans and specifications and for the monitoring of construction any of the Alterations. If Landlord consents to the making of reasons set forth in this Section 10.1 or for any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing other reason reasonably deemed sufficient by Landlord. Tenant shall require its contractor to maintain insurance in such amounts select and in such form as Landlord may require. Without use only contractors, subcontractors or other repair personnel from those listed on Landlord's prior approved list maintained by Landlord in the Project management office or otherwise approved by Landlord. Upon Tenant's receipt of written consentapproval from Landlord and any required approval of any mortgagee or lessor of Landlord, and upon Tenant's payment to Landlord of (a) a reasonable fee prescribed by Landlord for the work of Landlord and Landlord's employees and representatives in reviewing and approving such plans and specifications and (b) the fees, if any charged by any mortgagee or lessor of Landlord for such review and approval, Tenant shall not use any portion of have the Common Access Area in connection right to proceed with the making construction of any Alterations. If all approved alterations, but only so long as such alterations are in strict compliance with the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs plans and expenses incurred specifications so approved by Landlord in making such alterations or improvementsand with the provisions of this Article 10. All Alterations and fixtures (other than unattachedalterations, movable trade fixtures)whether directly or indirectly caused or necessitated by Tenant's alteration, which are shall be made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's sole cost and expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed either by Tenant's contractors or, at Landlord's option, by Landlord on terms reasonably satisfactory to the floor Tenant, including a fee of fifteen percent (15%) of the Leased Premises is actual costs of such work to cover Landlord's overhead and a permanent fixture fee for Landlord's agent or manager in supervising and shall become the property of Landlord without credit or compensation to Tenantcoordinating such work. Landlord reserves the right to remove at If Tenant's expense all Cable installed by or for Tenantcontractor performs such work, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal a fee of seven and one-half percent (7.5%) of the Cable within fifteen (15) days after receipt actual costs of such work shall be paid to Landlord as a fee for Landlord's billagent or manager in supervising and coordinating such work to cover overhead and a fee for Landlord's agent or manager for supervising and coordinating such work. In no event, and such obligation however, shall survive anyone other than Landlord or Landlord's employees or representatives perform work to be done which affects the termination or expiration Central Areas of this Lease.the Building. LANDLORD ___________ TENANT ____________

Appears in 1 contract

Samples: Lease Agreement (Teamstaff Inc)

Alterations. Tenant shall not make make, or suffer to be made, any Alterations ----------- alterations, improvements or additions in, on, about or to the Premises or any part thereof, without the prior written consent of LandlordLandlord (which shall not be unreasonably withheld or delayed) and without a valid building permit issued by the appropriate governmental authority. As a condition to giving such consent, Landlord may require that Tenant agree to remove any such alterations, improvements or additions at the termination of this Lease, and to restore the Premises to their prior condition. Unless Landlord requires that Tenant remove any such alteration, improvement or addition, any alteration, addition or improvement to the Premises, except for the installation of unattached, movable furniture and trade fixtures which may be installed without drillingnot affixed to the Premises, cutting or otherwise defacing shall become the Leased Premises. Tenant shall furnish complete plans and specifications to property of Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure upon termination of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans Lease and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease. Without limiting the generality of the foregoing, unless Landlord requests their removalall heating, in which event lighting, electrical (including all wiring, conduit, outlets, drops, xxxx ducts, main and subpanels), air conditioning, permanent partitioning, drapery, and carpet installations made by Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise regardless of how affixed to the floor Premises, together with all other additions, alterations and improvements that have become an integral part of the Leased Premises is a permanent fixture Building, shall be and shall become the property of the Landlord without credit or compensation upon termination of the Lease, and shall remain upon and be surrendered with the Premises at the termination of this Lease. Notwithstanding the preceding to Tenant. Landlord reserves the contrary, (i) Tenant shall have the right to make alterations and additions to the interior or the Premises that do not affect the structural elements of the Building and have a cost of Five Thousand Dollars ($5,000.00) or less per project without the prior written approval of Landlord, and (ii) Tenant shall be required to remove only those alterations and additions which Landlord has, at the time of its approval, requested Tenant to remove upon expiration of the Lease Term, or which Tenant has otherwise constructed or installed without the prior approval of Landlord. If, during the Lease Term (or any extensions thereof), any alteration, addition or change of any sort to all or any portion of the Premises is. required by law, regulation, ordinance or order of any public agency (including, without limitation, any alterations required by the Americans with Disabilities Act) by reason of (1) Tenant's expense all Cable installed use of the Premises, (2) Tenant's obtaining a new permit or governmental approval (except as provided in Paragraph 10.B), or (3) Tenant's construction or installation of any leasehold improvements or trade fixtures (except as provided in Paragraph 10.B), Tenant shall promptly make the same at its sole cost and expense. If during the Lease Term (or any extensions thereof), any alteration, addition, or change to the Outside Area, or to the Premises for any reason other than for the reasons described in the preceding sentence, is required by law, regulation, ordinance or for Tenantorder of any public agency, even if located outside Landlord shall make the Leased Premises. same and Tenant shall pay Landlord for the expenses incurred for removal an amount equal to one and one-half percent (1-1/2%) of the Cable within fifteen (15) days after receipt cost of Landlord's billsuch alteration, addition or change per month during the remainder of the Lease Term as an Outside Area Charge. Notwithstanding the preceding sentence to the contrary, any such alteration, addition or change to a structural element of the Building that is required by law, regulation, ordinance or order of any public agency shall be made by Landlord at its sole cost and such obligation expense and shall survive the termination or expiration of this Leasenot constitute an Outside Area Charge.

Appears in 1 contract

Samples: Sublease Agreement (Verisign Inc/Ca)

Alterations. Tenant shall in no event make or permit to be made any alteration, modification, substitution or other change of any nature to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Premises other than ordinary repairs in accordance with Section 3.10. Tenant shall not make or permit any other improvements, alterations, fixed decorations, substitutions or modifications, structural or otherwise, to the Premises or the Building, which have a cost of $20,000 or more in any case ("Alterations") without the prior written approval of Landlord which approval will not be unreasonably withheld. Landlord's approval shall include the conditions under which acceptable Alterations may be made. Alterations shall include, but not be limited to, the installation or modification of carpeting, walls, partitions, counters, doors, shelves, lighting fixtures, hardware, locks, ceiling, window and wall coverings. 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. All Alterations shall be made at Tenant's sole cost. Tenant shall be responsible for the cost of any additional improvements within the Premises required by the Americans with Disabilities Act of 1990 as a result of Tenant's Alterations. If Tenant makes any Alterations without the prior written consent of Landlord, except for the installation of unattachedthen, movable trade fixtures which in addition to Landlord's other remedies, Landlord may be installed without drilling, cutting correct or otherwise defacing the Leased Premises. remove such Alterations and Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split pay the cost of Alterations into separate phases in order to avoid the $10,000 limitation)thereof, as additional rent, on demand. After obtaining Xxxxxxxx's consent and prior to commencement of the All Alterations, Tenant (a) shall deliver to Landlord any building permit required by Applicable Law and a copy of immediately become the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf property of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises b) shall remain upon and be surrendered to Landlord with the Leased Premises and become the property of Landlord as a part thereof at the termination end of this the term of the Lease. Notwithstanding the foregoing, unless Landlord requests their removalmay, in which event upon notice to Tenant shall remove at the same time approval of any Alternations is made, elect that any Alternations be removed at the end of the Term, and thereupon, Tenant shall, at Tenant's sole expense, cause such Alterations to be removed and restore the Leased Premises to their original its condition prior to the making of such Alterations, reasonable wear and tear excepted. In the event Tenant fails to cause such Alterations to be removed, Landlord may do so at Tenant's sole expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord promptly reimburse Landlord, as additional rent, for the expenses incurred for removal cost of the Cable within fifteen (15) days after receipt of Landlord's billsuch work, and such which reimbursement obligation shall survive termination of the termination or expiration of this Lease.

Appears in 1 contract

Samples: Operating Lease Agreement (Dynamic Materials Corp)

Alterations. Tenant shall not make any Alterations alterations, additions or improvements to the Premises (collectively, the “Alterations”) without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval, which approval shall not be unreasonably withheld, conditioned or delayed, at the time it requests Landlord's ’s consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building Building’s Systems or the HVAC or other systems serving the Leased Premises or the Building’s Structure; or (ii) will require the filing of plans and specifications with any Governmental governmental or quasi-governmental agency or authority; or (iii) will require a building permit or other federal, state, county or local approvals with respect thereto; or (iv) will cost more than in excess of Ten Thousand Dollars ($10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation10,000.00). After Subsequent to obtaining Xxxxxxxx's Landlord’s consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill bxxx for all of Landlord's actual ’s reasonable out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's Tenant’s plans and specifications and for the monitoring of construction of the Alterations, together with a supervision coordination fee to Landlord in an amount equal to the product of (i) four percent (4%) and (ii) the costs of the Alterations. If Landlord consents to the making of any Alteration, such Alteration shall be made by Tenant shall make the Alteration at its Tenant’s sole cost and expense using a contractor by contractors and subcontractors approved in writing by LandlordLandlord in accordance with Section 8(b)(iii), which approval shall not unreasonably be withheld, conditioned or delayed. Tenant All Alterations shall require its contractor conform, at a minimum, to maintain insurance in such amounts and in such form the Building Standards attached hereto as Exhibit K, as the same may be modified by Landlord may requirefrom time to time (the “Building Standards”). Without Landlord's ’s prior written consent, Tenant shall not use any portion of the Common Access Area Areas either within or without the Project or Complex, as applicable, in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or and/or improvements to other portions of the Building Project or CR Project ParcelComplex, as applicable, in order to comply with any Applicable applicable Laws, then Tenant shall reimburse Landlord on upon demand for all costs and expenses incurred by Landlord in making such alterations or and/or improvements. All Any Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit upon installation and shall remain on and be surrendered with the Premises upon the expiration or compensation to Tenant. Landlord reserves the right to remove sooner termination of this Lease, except Tenant shall upon demand by Landlord, at Tenant's expense ’s sole cost and expense, forthwith and with all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen due diligence (15but in any event not later than ten (10) days after receipt the expiration or earlier termination of Landlord's billthe Lease) remove all or any portion of any Alterations made by Tenant which are designated by Landlord to be removed (including without limitation stairs, bank vaults, and cabling, if applicable) and repair and restore the Premises in a good and workmanlike manner to their original condition, reasonable wear and tear and casualty not required to be repaired by Tenant excepted. Notwithstanding the foregoing, upon Tenant’s request at the time it seeks Landlord’s consent to an Alteration, Landlord agrees to indicate in writing whether it will require such obligation Alteration to be removed upon the expiration or earlier termination of the Lease. All construction work done by Tenant within the Premises shall be performed in a good and workmanlike manner with new materials of first-class quality, lien-free and in compliance with all Laws, and in such manner as to cause a minimum of interference with other construction in progress and with the transaction of business in the Project or Complex, as applicable. TENANT AGREES TO INDEMNIFY, DEFEND AND HOLD LANDLORD HARMLESS AGAINST ANY LOSS, LIABILITY OR DAMAGE RESULTING FROM SUCH WORK, AND TENANT SHALL, IF REQUESTED BY LANDLORD, FURNISH A BOND OR OTHER SECURITY SATISFACTORY TO LANDLORD AGAINST ANY SUCH LOSS, LIABILITY OR DAMAGE (PROVIDED, HOWEVER, THAT NO BOND SHALL BE REQUIRED AS LONG AS NO EVENT OF DEFAULT SHALL HAVE OCCURRED UNDER THIS LEASE). The foregoing indemnity shall survive the expiration or earlier termination or expiration of this Lease. Landlord’s consent to or approval of any Alterations, additions or improvements (or the plans therefor) shall not constitute a representation or warranty by Landlord, nor Landlord’s acceptance, that the same comply with sound architectural and/or engineering practices or with all applicable Laws, and Tenant shall be solely responsible for ensuring all such compliance. Notwithstanding the foregoing, Tenant shall not be obligated to receive the written consent of Landlord for interior Alterations to the Premises (i) where the estimated cost of the proposed Alteration is Fifty Thousand Dollars ($50,000.00) or less, (ii) if said Alterations do not affect the structural components of the Building, or adversely affect the systems and equipment or which can be seen from outside the Premises, or (iii) if said Alteration shall not require a building permit or any federal, state, county or local approvals.

Appears in 1 contract

Samples: Lease Agreement (Ultragenyx Pharmaceutical Inc.)

Alterations. Tenant shall have the right, at any time during the term hereof, without the written consent of Landlord but upon ten (10) days prior written notice to Landlord by Tenant of its intention so to do, to make additions, alterations, changes or improvements in or to the Premises or any part thereof as Tenant may from time to time during the term hereof deem necessary or desirable; provided, however, that Tenant agrees not to make any Alterations additions, alterations, changes or improvements (a) in excess of Three Thousand Dollars ($3,000.00) or (b) which affect the structure, structural strength, or outward appearance of the Premises or the building, without the prior written consent of Landlord. Any additions, except for the installation of unattachedalterations, movable trade fixtures changes or improvements which may be installed without drillingmade in or to the Premises by Tenant during the term hereof shall, cutting upon completion thereof, become the property of Landlord; provided, however, Landlord may at its option, require Tenant, at Tenant's sole cost and expense, to remove any such additions, alterations, changes or otherwise defacing improvements at the Leased Premisesexpiration or sooner termination of the term hereof, and to repair any damages to the Premises caused by such removal. Tenant hereby indemnifies Landlord against, and shall furnish complete plans keep the Premises and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC Shopping Center free from, any/all mechanics liens or other systems serving the Leased Premises such liens arising from any work performed, material furnished, or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees obligations incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of Premises or the Shopping Center. Landlord hereby reserves the right, at any Alterations. If time and from time to time during the Alterations which Tenant causes to be constructed result in Landlord being required term hereof, to make any alterations additions, alterations, changes or improvements to other portions of the Building or CR Project Parcel(including without limitation, building additional stories) on, in order or to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, building in which event Tenant shall remove the same Premises are contained, and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenantbuild additional structures adjoining thereto. Landlord also reserves the right to remove construct other buildings and improvements in the Shopping Center from time to time and at Tenant's expense all Cable installed by or for Tenant, even if located outside any time during the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's billterm hereof, and to make alterations thereof or additions thereto and to build additional stories on any such obligation shall survive the termination building or expiration of this Leasebuildings and to build adjoining same and to construct doubledeck or elevated parking facilities.

Appears in 1 contract

Samples: Resolve Staffing Inc

Alterations. Section 10.1 Tenant shall not at any time during the Term make any Alterations alterations to the Premises without the prior first obtaining Landlord's written consent of Landlordthereto, except for the installation of unattachedwhich consent Landlord shall not unreasonably withhold; provided, movable trade fixtures which may however, that Landlord shall not be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications deemed unreasonable by refusing to Landlord for its approval at the time it requests Landlord's consent to any Alterations if alterations which are visible from the desired Alterations: (i) will affect the structure exterior of the Building or the HVAC or other systems serving Project, which affect any part of the Leased Premises structure of the Premises, the Building or the Building; Project, which may affect the Building Systems, which are prohibited by any underlying ground lease or mortgage or which would, in Landlord's opinion, render the Premises more difficult to lease to third parties following the expiration of the Term. Landlord shall provide its consent or reasons for not consenting within seven (ii7) will business days after receipt of the request and the information required under this Article. Notwithstanding the foregoing, and subject to the other provisions of this Article, Tenant may make non-structural alterations which do not require a building permit and which do not affect the filing building systems up to a cost of Twenty-Five Thousand Dollars ($25,000.00) without the necessity of obtaining Landlord's prior consent. Should Tenant desire to make any alterations to the Premises, Tenant shall submit all plans and specifications with (meeting reasonable industry standards) for such proposed alterations to Landlord for Landlord's review before Tenant allows any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but such work to commence. Landlord shall have the option of performing such alterations. Tenant shall not artificially split select and use only contractors, subcontractors or other repair personnel approved by Landlord in writing in advance. Upon Tenant's receipt of written approval from Landlord and any required approval of any mortgagee or lessor of Landlord, and upon Tenant's payment to Landlord of (a) Landlord's fee for the work of Landlord and Landlord's employees and representatives in reviewing and approving such plans and specifications and (b) the fees, if any charged by any mortgagee or lessor of Landlord for such review and approval, Tenant shall have the right to proceed with the construction of all approved alterations, but only so long as such alterations are in strict compliance with the plans and specifications so approved by Landlord and with the provisions of this Article 10. All alterations (except the alterations under the Workletter) shall be made at Tenant's sole cost and expense, including, the payment of the Supervision Fee to Landlord for supervising and coordinating such work. In no event, however, shall anyone other than Landlord, Landlord's employees or Landlord's related engineers or contractors perform work to be done which affects the Central systems of the Building or the Building rooftop. Tenant shall be solely responsible for the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement any work required by applicable law within or outside of the AlterationsPremises (including, Tenant shall deliver to Landlord any building permit required by Applicable Law and without limitation, structural alterations or work affecting the Building Systems) as a copy result of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition performance of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterationsimprovements, including all management, engineering, outside consulting, and construction fees incurred alterations or additions by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this Lease.

Appears in 1 contract

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

Alterations. Tenant shall not make any Alterations alterations, additions, modifications or improvements to the Premises without the prior written consent of Landlord, except for the installation of unattachedwhich consent will not be unreasonably withheld, movable trade fixtures which may be installed without drillingprovided that such alterations, cutting additions, modifications or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building improvements are not structural or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any involve building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterationssystems. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required desires to make any alterations or improvements such alterations, etc., plans for same shall first be submitted to other portions and approved by landlord, and same shall be done by Tenant, at its own expense, and Tenant agrees that all such work shall be done in a good and workmanlike manner (Landlord having the right to approve all contractors), that the structural integrity of the Building or CR Project Parcelbuilding shall not be impaired, in order that no liens shall attach to comply with any Applicable Lawsthe Premises by reason therefor, then and that Tenant shall reimburse Landlord on demand for will secure all costs and expenses incurred by Landlord in making such alterations or improvementsnecessary permits pertaining to the aforementioned alterations, etc. All Alterations alterations, additions, improvements and fixtures (other than unattachedTenant's Personal Property, movable trade fixtures), provided the same are installed at no cost or expense to Landlord) which are may be made or installed by either party upon the Leased Premises shall be and remain the property of Landlord and shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this LeasePremises, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Lease Premises to their its original condition condition, taking into account normal wear and tear, at Tenanttenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture sole cost and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. and Tenant shall pay the entire cost of such removal to Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after upon Tenant's receipt of Landlord's billwritten demand therefore. If Tenant fails to remove such property and restores the Leased Premises as aforesaid, Landlord may do so and such obligation tenant shall survive pay the termination or expiration entire cost thereof to Landlord within 10 days after Tenant's receipt of this LeaseLandlord's written demand therefore.

Appears in 1 contract

Samples: Lease Agreement (Network Access Solutions Corp)

Alterations. Tenant At least sixty (60) days prior to undertaking any material structural alteration, renovation, or remodeling of the Improvements ("Remodeling"), Lessee shall submit plans for such Remodeling (the "Remodeling Plans") to Lessor for approval, which approval shall not make any Alterations without the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting unreasonably withheld provided that such changes or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: alterations (i) will affect are consistent with the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or Plans and Specifications approved by Lessor, and (ii) will require do not result in a substantial or material change in the filing of plans and specifications with any Governmental character or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement facade of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy Improvements existing as of the executed construction contract(s)date of such alterations. Tenant Lessor shall reimburse Landlord either approve or disapprove any such Remodeling Plans within ten thirty (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (1530) days after receipt of Landlord's bill, and such obligation shall survive plans from Lessee. *.* OPTIONAL PARKING PROVISIONS – MAY NOT BE REQUIRED * * PARKING LOT LICENSE Parking Lot License. On the termination or expiration Commencement Date of this Lease, the terms of this Article 10 shall constitute a Parking Lot License binding on the parties to this Lease. In addition to the parking located on the Premises in accordance with the approved Plans and Specifications, Lessee shall be entitled to parking under the terms of this Lease, said parking rights being solely for uses appurtenant to the use by Lessee of the Premises. Lessee shall be entitled to the appurtenant nonexclusive use of up to 2,000 parking spaces after 5:00 p.m. local time on weekdays and at any time on Saturdays, Sundays and official UT Austin holidays on the UT Austin surface parking lots located [describe location], as more particularly described in Exhibit C ("Parking Tract"). Lessee shall provide at least ____ days prior notice to Xxxxxx's designated representative of Xxxxxx's intended use of the Parking Tract. From time to time, Lessor may substitute other UT parking lots or parking garages for those described in Exhibit C by giving ninety (90) days prior notice to Lessee. In no event, however, shall such substitute parking lot(s) consist of less than 2,000 parking spaces in the aggregate. Parking privileges under this Parking Lot License shall benefit Lessee and Lessee's employees, agents, customers, guests, visitors, invitees, licensees, tenants, subtenants, and concessionaires. Lessee shall not have any right to erect or display any signs, make any alterations, additions or modifications therein or thereto, or conduct any business or activity on the Parking Tract other than erecting temporary signs identifying the parking lots as available for event parking and charging parking fees as permitted herein.

Appears in 1 contract

Samples: Lease

Alterations. Section 8.1 Tenant shall not make any Alterations alterations to the Premises without the prior first obtaining Landlord's written consent thereto; provided, however, Tenant may make decorative or cosmetic changes (e.g., installing shelving, hanging pictures, moving computer or telephone cabling within the Premises) within the Premises without first obtaining Landlord's consent, so long as the cost of such decorative or cosmetic changes being performed at any one time do not exceed $1,000.00. In the event any such proposed alteration would, in the reasonable judgment of Landlord, except for affect any structural components of the installation Building or any of unattachedthe Building Systems, movable trade fixtures which Landlord may withhold its consent to any such alteration in its sole discretion. Without in any way limiting Landlord's consent rights, Landlord may withhold its final consent to any alteration until (a) Landlord is satisfied that the contractor proposed by Tenant to make such alterations, and the insurance coverage to be installed without drillingprovided by Contractor in connection with the work, cutting or otherwise defacing the Leased Premises. Tenant shall furnish are reasonably acceptable to Landlord, (b) Landlord approves final and complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if work and (c) the desired Alterations: (i) will affect appropriate governmental agency has approved the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authorityfor such work; or (iii) will cost more than $10,000 in any calendar year (but Tenant provided, however, Landlord shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and give its preliminary consent, if at all, prior to commencement Tenant obtaining such approval. Upon Tenant's receipt of the Alterationswritten consent from Landlord and any required consent of any mortgagee or lessor of Landlord and any such governmental agency, and upon Tenant's payment to Landlord of any fees charged by any mortgagee or lessor of Landlord for such review and consent, Tenant shall deliver have the right to proceed with the construction of all approved alterations, but only so long as such alterations are made by a contractor reasonably acceptable to Landlord any building permit required by Applicable Law in strict compliance with plans and a copy specifications to which Landlord has consented and with the provisions of the executed construction contract(s)this Article 8. All alterations shall be made at Tenant's sole cost and expense. Tenant shall reimburse keep the Project, the Building and the Premises and Landlord's interest therein free from any liens arising from any work performed, materials furnished, or obligations incurred by, or on behalf of, Tenant. Notice is hereby given that neither Landlord within nor any mortgagee or lessor of Landlord shall be liable for any labor or materials furnished to Tenant except as furnished to Tenant by Landlord pursuant to this Lease. Within ten (10) business days after Tenant learns of the filing of any lien, Tenant shall notify Landlord of such lien and shall either discharge and cancel such lien of record or post a bond sufficient under the laws of the State of Georgia to cause the lien to be canceled of record. If Tenant fails to so discharge or bond over such lien within twenty (20) days after the rendition earlier of a bill Tenant becoming aware of such lien or written demand from Landlord, Landlord shall have the right, at Landlord's option, to pay the full amount of such lien without inquiry into the validity thereof, and Landlord shall be promptly reimbursed by Tenant, as Additional Rent, for all of amounts so paid by Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all managementexpenses, engineering, outside consultinginterest, and construction reasonable attorneys' fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this Leaseactually incurred.

Appears in 1 contract

Samples: Lease Agreement (Viryanet LTD)

Alterations. Tenant shall not make any Alterations alterations to the Premises or the Business Park without the Landlord’s prior written consent which shall not be unreasonably withheld. If Landlord gives its consent to such alterations, Landlord may post notices in accordance with the laws of the state in which the Premises are located. All alterations made by Tenant, whether or not subject to the approval of Landlord, shall be performed by Tenant and its contractors in 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 upon expiration or termination of this Lease, except that Landlord may, within thirty (30) days before or thirty (30) days after expiration of the Term, elect to require Tenant to remove some or all of the alterations which Tenant may have 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 or within thirty (30) days after notice of its election is given, whichever is later. Should Landlord consent in writing to Tenant’s alteration of the Premises, Tenant shall contract with a contractor approved by Landlord for the installation construction of unattachedsuch alterations, movable trade fixtures which may be installed without drillingshall secure all appropriate governmental approvals and permits, cutting or otherwise defacing the Leased Premises. Tenant and shall furnish complete such alterations with due diligence in compliance with plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for pay all costs for such construction and expenses incurred by Landlord in making such alterations or improvements. All Alterations shall keep the Premises free and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property clear of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering all mechanics’ liens which may be cemented or otherwise affixed result from construction by Tenant. Notwithstanding anything in this Lease to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this Lease.contrary:

Appears in 1 contract

Samples: Lease (Docent Inc)

Alterations. Tenant Subtenant shall not make any Alterations Leasehold Improvements (as defined in the Master Lease) to the Premises without the express prior written consent of LandlordSublandlord and of Master Landlord (to the extent Master Xxxxxxxx’s consent is required under the Master Lease), except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant by Sublandlord shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation)be unreasonably withheld, conditioned or delayed. After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant Subtenant shall reimburse Landlord within ten (10) days after the rendition of a bill Sublandlord for all of Landlord's actual reasonable, out-of-pocket costs incurred which Sublandlord may incur in connection with reviewing Subtenant’s plans for such Leasehold Improvements, including, without limitation, reasonable attorneys’ fees and costs and any Alterations, including all management, engineering, outside consulting, and construction fees incurred or costs charged by or on behalf of Master Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents with respect to such Leasehold Improvements pursuant to the making of any AlterationMaster Lease, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant provided Sublandlord shall not use any portion of the Common Access Area in connection with the making of any Alterationsimpose a separate supervision, administrative, review or similar fee. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the On termination of this Sublease, if required by Master Landlord pursuant to the Master Lease, unless Landlord requests their removal, in which event Tenant Subtenant shall remove the same any or all of such Leasehold Improvements and restore the Leased Premises (or any part thereof) to the same condition as of the date Sublandlord delivered possession of the Premises to their original condition at Tenant's expense. Any linoleumSubtenant; provided, carpeting in no event shall Subtenant be required to remove or other floor covering which may be cemented or otherwise affixed to pay for the floor removal of any Leasehold Improvements existing as of the Leased Commencement Date. Should Subtenant fail to remove such Leasehold Improvements and restore the Premises is a permanent fixture and on termination of this Sublease unless as otherwise set forth above, Sublandlord shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves have the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's billdo so, and such obligation shall survive charge Subtenant the termination costs incurred by Sublandlord in addition to any costs or expiration of this expenses charged by Master Landlord under the Master Lease.. 8.3

Appears in 1 contract

Samples: Lease Agreement (Sumo Logic, Inc.)

Alterations. 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 the Landlord's prior written consent, which consent of LandlordLandlord may, except for the installation of unattachedin its discretion, movable trade fixtures withhold. As to any Alterations which may Tenant is required hereunder to perform or to which Landlord consents, such work shall be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete performed strictly in accordance with plans and specifications to therefor first approved in writing by Landlord for its approval or, at the time it requests Landlord's consent option (exercised by notice in writing from Landlord to any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord given within ten (10) days after the rendition Landlord receives Tenant's plans and specifications), such work shall be performed by employees of a bill for all or contractors employed by Landlord, at Tenant's expense. Upon completion of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred Alterations by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any AlterationTenant, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in provide Landlord with such amounts and in such form documents as Landlord may requirerequire (including, without limitation, sworn contractors' statements and supporting lien waivers) evidencing payment in full for such work. Without Landlord's prior written consentIn the event Tenant makes any Alterations not in compliance with the provisions of this Section 9.2, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the shall, upon written notice from Landlord immediately remove such Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove the same and restore the Leased Premises to their original 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 other rights or remedies of Landlord under this Lease, at law or in equity, enter the Leased Premises and perform said obligation of Tenant and Tenant shall reimburse Landlord for the cost to the Landlord thereof, immediately upon being billed therefor by Landlord. Such entry by Landlord shall not be deemed an eviction or disturbance of Tenant's expense. Any linoleum, carpeting use or other floor covering which may be cemented or otherwise affixed to the floor possession of the Leased Premises is a permanent fixture and shall become the property of nor render Landlord without credit or compensation liable in any manner to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this Lease.

Appears in 1 contract

Samples: Lease (Nelnet Inc)

Alterations. Tenant shall not make any Alterations without alterations to the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting or otherwise defacing the Leased Premises. Tenant shall furnish complete plans and specifications to Landlord for its approval at the time it requests Landlord's consent to any Alterations if the desired Alterations: (i) will affect the structure of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases in order to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement of the Alterations, Tenant shall deliver to Landlord any building permit required by Applicable Law and a copy of the executed construction contract(s). Tenant shall reimburse Landlord within ten (10) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Property without Landlord's prior written consent, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, Tenant may make non-structural alterations costing less than $25,000 per event and undertake customary laboratory rearrangement and reconfiguration, all 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 commencement of any alteration with a complete description of each such alteration including any building permit drawing(s) and specifications provided, however, that with respect to minor non-structural alterations or rearrangements costing less than $1,000 each ("MINOR ALTERATIONS"), Tenant shall not use any portion be required to give prior notice to Landlord but shall report all Minor Alterations to Landlord on a quarterly basis. If such quarterly report describes Minor Alterations the cost of which exceeds $25,000 in the aggregate for two consecutive calendar quarters, then Landlord shall be entitled to demand thereafter prior notification of all alterations, regardless of cost. Landlord may post notices regarding non-responsibility in accordance with the laws of the Common Access Area state in connection with which the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvementsPremises are located. All Alterations alterations made by Tenant, whether or not subject to the approval of Landlord, shall be performed by Tenant and fixtures (other than unattached, movable trade fixtures), which are its contractors in a first class workmanlike manner and permits and inspections shall be obtained from all required governmental entities. Any alterations made or installed by either party upon the Leased Premises shall remain upon on and be surrendered with the Leased Premises and become the property of Landlord at the upon expiration or termination of this Lease, unless except that Landlord requests their removalmay, in at least thirty (30) days before the expiration of the Term, elect to require Tenant to remove some or all of the alterations which event Tenant may have made to the Premises. If Landlord so elects, Tenant shall remove the same and at its own cost restore the Leased Premises to their original 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. If requested by Tenant at the time of Tenant's expense. Any linoleumrequest for approval of alterations or improvements, carpeting Landlord shall advise Tenant in writing whether Landlord shall require Tenant to remove some or other floor covering which may be cemented all of said alterations or otherwise affixed to the floor improvements upon expiration or termination of the Leased Premises is Lease. Should Landlord consent in writing to Tenant's alteration of the Premises, Tenant shall contract with a permanent fixture contractor approved by Landlord for the construction of such alterations, shall secure all appropriate governmental approvals and permits, and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed 16 complete such alterations with due diligence in compliance with plans and specifications approved by or for Tenant, even if located outside the Leased PremisesLandlord. Tenant shall pay Landlord all costs for such construction and shall keep the expenses incurred for removal Premises free and clear of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this Leaseall mechanics' liens which may result from construction by Tenant.

Appears in 1 contract

Samples: Arena Pharmaceuticals Inc

Alterations. “Alterations” shall mean any alteration, addition, or improvement in or on or to the Premises of any kind or nature, including any improvements made, except for the Tenant Improvements. Tenant shall make no Alterations, other WPBDOCS 8493398 5 7/29/14 11 than decorative Alterations, such as painting, wall coverings, floor coverings or other non-structural alterations for which no building permit is required and which do not make affect any Alterations Building systems, and in the aggregate cost less than $25,000, without the prior written consent of Landlord, except for the installation of unattached, movable trade fixtures which consent may be installed without drillingwithheld or conditioned in Landlord’s sole discretion. However, cutting Landlord will not unreasonably withhold or otherwise defacing delay consent to non-structural interior Alterations, provided that they do not involve demolition of improvements, affect utility services or Building systems, are not visible from outside the Leased Premises, and do not require other alterations, additions, or improvements to areas outside the Premises. Tenant shall furnish complete plans and specifications reimburse Landlord, on demand, for the actual out-of-pocket costs for the services of any third party employed by Landlord to review or prepare any Alteration-related plan or other document for which Landlord’s consent or approval is required. If requested by Tenant, if Landlord, or its agent or contractor performs or supervises the performance of any Alterations, Tenant shall pay to Landlord for its approval at the time it requests Landlord's consent an amount equal to any Alterations if the desired Alterations: (i) will affect the structure 5% of the Building or the HVAC or other systems serving the Leased Premises or the Building; or (ii) will require the filing of plans and specifications with any Governmental or quasi-governmental agency or authority; or (iii) will cost more than $10,000 in any calendar year (but Tenant shall not artificially split the cost of Alterations into separate phases the work, as a supervisory fee Except as expressly set forth in order this Lease, Landlord has made no representation or promise as to avoid the $10,000 limitation). After obtaining Xxxxxxxx's consent and prior to commencement condition of the AlterationsPremises, Landlord shall not perform any alterations, additions, or improvements to make the Premises suitable and ready for occupancy and use by Tenant, and Tenant shall accept possession of the Premises in its then “as-is”, “where-is” condition, without representation or warranty of any kind by Landlord. Except for work to be performed by Landlord, before any Alterations are undertaken by or on behalf of Tenant, Tenant shall deliver to Landlord any building governmental permit required for the Alterations and shall require any contractor performing work on the Premises to obtain and maintain, at no expense to Landlord, workers’ compensation insurance as required by Applicable Law and a copy law, builder’s risk insurance in the amount of the executed construction contract(sreplacement cost of the applicable Alterations (or such other amount reasonably required by Landlord), commercial general liability insurance, and auto liability insurance (to include all automobiles owned, leased, hired or borrowed), written on an occurrence basis with minimum limits of $2 million per occurrence limit, $2 million general aggregate limit, $2 million personal and advertising limit, and $2 million products/completed operations limit; which coverage limits may be effected with umbrella coverage (including contractual liability, broad form property damage and contractor’s protective liability coverage). Tenant Contractor’s insurance shall reimburse contain an endorsement insuring the Landlord within ten and its managing agent (10and, if requested, Landlord’s mortgagee) days after the rendition of a bill for all of Landlord's actual out-of-pocket costs incurred in connection with as additional insureds and shall be primary over any Alterations, including all management, engineering, outside consulting, and construction fees incurred by or on behalf of Landlord for the review and approval of Xxxxxx's plans and specifications and for the monitoring of construction of the Alterations. If Landlord consents other coverage available to the making of any Alteration, Tenant shall make the Alteration at its expense using a contractor approved in writing by Landlord. Tenant shall require its contractor to maintain insurance in such amounts and in such form as Landlord may require. Without Landlord's prior written consent, Tenant shall not use any portion of the Common Access Area in connection with the making of any Alterations. If the Alterations which Tenant causes to be constructed result in Landlord being required to make any alterations or improvements to other portions of the Building or CR Project Parcel, in order to comply with any Applicable Laws, then Tenant shall reimburse Landlord on demand for all costs and expenses incurred by Landlord in making such alterations or improvements. All Alterations and fixtures (other than unattached, movable trade fixtures), which are made or installed by either party upon the Leased Premises shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the termination of this Lease, unless Landlord requests their removal, in which event Tenant shall remove also comply with Landlord’s rules and requirements for contractors performing work in the same and restore the Leased Premises to their original condition at Tenant's expense. Any linoleum, carpeting or other floor covering which may be cemented or otherwise affixed to the floor of the Leased Premises is a permanent fixture and shall become the property of Landlord without credit or compensation to Tenant. Landlord reserves the right to remove at Tenant's expense all Cable installed by or for Tenant, even if located outside the Leased Premises. Tenant shall pay Landlord for the expenses incurred for removal of the Cable within fifteen (15) days after receipt of Landlord's bill, and such obligation shall survive the termination or expiration of this LeaseProject.

Appears in 1 contract

Samples: Office Lease (Bankrate, Inc.)

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