Common use of Alterations Clause in Contracts

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises (including, without limitation, the roof and wall penetrations) without the prior written consent of Landlord. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality of the Building.

Appears in 3 contracts

Sources: Lease Agreement (Daleen Technologies Inc), Lease Agreement (Daleen Technologies Inc), Lease Agreement (Daleen Technologies Inc)

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises premises (including, without limitationbut not limited to, the roof and wall penetrations) without the prior written consent of Landlord. If Such consent will not be denied provided the improvements are building standard office/warehouse finishes. In the event Landlord shall, consent consents to the making of any such alterations, additions or improvements proposed by Tenant, Tenant shall construct the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all governmental applicable laws, ordinancesordinances and regulations, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at same and all subcontractors must first be approved in writing by Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building building or Development improvements and without overloading the floor or damaging such Building building or Developmentimprovements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease lease if Tenant so elects, and shall be removed by the date of termination of this Lease lease or upon earlier vacating of the Premises premises if required by Landlord; upon any such removal Tenant shall restore the Premises premises to their original conditioncondition with consideration for normal wear and tear. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality qualities of the Buildingbuilding and other improvements situated on the premises.

Appears in 3 contracts

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

Alterations. Tenant Sublessee shall not make at its own expense, make, or procure the making of, such alterations and modifications in and additions to the Airframe and Engines as may be required from time to time to meet the standards of the Aviation Authority or any alterationsGovernment Entity having jurisdiction in any country, state, county or other political subdivision in or over which the Aircraft is flown or the FAA and any mandatory or recommended service bulletins of the Manufacturer. In addition, Sublessee may, at its own expense, from time to time, make, or procure the making of, such alterations and modifications in and additions or including the making of any improvements to the Premises (Airframe or any Engine as Sublessee may deem desirable in the proper conduct of its business, including, without limitationremoval of Parts (for purposes of this Clause 16.4, Obsolete Parts) which Sublessee deems obsolete or no longer suitable or appropriate for use in the roof Airframe or such Engine, provided that no such alteration, modification, addition or removal shall cost over US$ 200,000, or alter the fundamental nature of the Aircraft as a passenger carrying aircraft, or change its original type design or configuration, or materially diminish the value or utility of the Airframe or any such Engine, or impair the condition or airworthiness thereof, below the value, utility, condition and wall penetrations) without airworthiness thereof immediately prior to such alteration, modification, addition or removal assuming such Airframe or Engine was then in the prior written consent condition and repair required to be maintained by the terms of Landlordthis Agreement. If Landlord shallTitle to all Parts incorporated or installed in or attached or added to the Airframe or any such Engine as the result of such alteration, consent to any alterations, additions modification or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements addition shall be made by Landlord vested in Owner Trustee, subject to the Mortgage, and shall forthwith be deemed Part of the Airframe or such Engine. Neither Owner Trustee, Lender nor Sublessor shall be required under any circumstances to pay directly for Tenant's account and Tenant shall fully any alteration, modification or addition to the Aircraft or to reimburse Landlord Sublessee for the entire cost thereof. Tenant mayAny other alterations other than those permitted according to Clause 16.5 require Sublessor's prior written consent, without the which consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building shall not be unreasonably withheld or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality of the Buildingdelayed.

Appears in 3 contracts

Sources: Aircraft Sublease Agreement (Frontier Airlines Inc /Co/), Aircraft Sublease Agreement (Frontier Airlines Inc /Co/), Aircraft Sublease Agreement (Frontier Airlines Inc /Co/)

Alterations. Tenant A. Lessee shall not make any additions, alterations, additions or improvements changes in the Leased Premises without first obtaining Lessor’s written approval, which approval will not be unreasonably withheld. Notwithstanding the foregoing, Lessee may install in the Leased Premises any and all equipment, trade fixtures, furnishings, furniture and other personal property used by Lessee in connection with its business (collectively, “Lessee’s Property”) without obtaining Lessor’s approval, unless such installation would affect or modify the structural integrity, foundation/slab, roof or exterior walls of the Leased Premises (a “Structural Modification”). Upon termination or expiration of the Lease, Lessee shall remove all of Lessee’s Property and shall restore the Leased Premises to the condition in which it existed prior to installation of the Lessee’s Property. In the event Lessee makes a permitted Structural Modification, Lessor shall have the option to elect whether such Structural Modification shall remain on the Leased Premises and become the property of Lessor or shall be removed by Lessee at Lessee’s expense. Lessee shall furnish to Lessor, not less than 180 days prior to the expiration of the Lease term, a written list of all Structural Modifications; within thirty (including30) days of receipt of this list, without limitationLessor will furnish to Lessee a written list of all Structural Modifications to be removed by Lessee. Notwithstanding any provision herein to the contrary, HVAC systems, plumbing lines and fixtures, electrical, telephone, and data wiring and fixtures, and other fixtures (i) which are integrally incorporated into the Leased Premises and (ii) the removal of which would alter the structural integrity, foundation/slab or roof of the Leased Premises, shall constitute Structural Modifications. In the event Lessor elects to have any such Structural Modifications removed, Lessee agrees to pay all costs of and wall penetrations) without repair any damages resulting from such removal. Such removal shall be completed on or before the prior written consent date of Landlord. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements expiration of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the sameLease term provided herein, or, at Landlord's option and discretionin the event of early termination due to default by Lessee, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent within a reasonable time after receipt of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character written notice of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may items to be removed by Tenant prior to the termination of this Lease if Tenant so electsremoved, and shall be removed by diligently conducted to completion. B. Lessee covenants and agrees to keep the date premises free and clear of termination all liens and encumbrances of this Lease whatsoever kind, granted or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure claimed by, through, or structural quality of the Buildingunder Lessee.

Appears in 3 contracts

Sources: Commercial Lease Agreement (Argyle Security, Inc.), Commercial Lease Agreement (Argyle Security, Inc.), Commercial Lease Agreement (Argyle Security, Inc.)

Alterations. (a) Tenant shall not make make, or permit to be made, any alterations, additions or improvements to the Premises (includingPremises, without limitationor any part thereof, the roof and wall penetrations) without the prior written consent of Landlord, which consent shall not be unreasonably withheld. If Normal repair and maintenance work, including painting and re-carpeting, shall not be deemed to be an alteration, addition or improvement to the Premises. Any alterations, additions or improvements to the Premises shall be at Tenant’s sole cost and expense, in compliance with all Applicable Laws, and in accordance with plans and specifications submitted in writing to Landlord shalland approved in writing. Tenant agrees not to proceed to make any alterations, additions or improvements, notwithstanding consent from Landlord to do so, until ten (10) days after Tenant’s receipt of such written consent. Notwithstanding anything to the contrary herein, Tenant may construct non-structural alterations, additions and improvements in the Premises without Landlord’s prior approval so long as (i) such alterations, addition or improvements will not materially or adversely affect the Building Systems, (ii) the total cost of any such alterations, additions or improvements does not exceed Twenty Thousand Dollars ($20,000) on a per project basis, and (iii) Tenant provides Landlord with prior notice of any such alterations, additions or improvements, including a reasonably detailed description of the alterations, additions or improvements. Landlord shall notify Tenant, at the time of Landlord’s consent to any alterations, additions or improvements proposed by Tenantimprovements, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of or if Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and ’s consent is not required for any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the such alterations, additions or improvements as specified herein (including any security system installed by Tenant), within fifteen (15) days after Tenant’s request for a determination by Landlord, whether Tenant will be required to remove any such alterations, additions or improvements from the Premises at the expiration or sooner termination of this Lease. In any event, Landlord shall be have right to require Tenant to remove any alterations, additions or improvements from the Premises that were made by Landlord for Tenant's account and Tenant without Landlord’s consent if such consent is required by the terms of this paragraph ll(a). Tenant shall fully reimburse not, however, be required to remove any of the Tenant Improvements from the Premises. Notwithstanding anything to the contrary herein, Tenant shall have the right to install its own security system without Landlord’s consent so long as Tenant provides Landlord with plans and specifications for the entire cost thereof. Tenant mayinstallation of Tenant’s security system prior to the installation thereof and provided further that Landlord shall have reasonable approval rights over any alterations to the Premises which may be required to install Tenant’s security system. (b) All additions, without alterations or improvements, including, but not limited to, heating, lighting, electrical, air conditioning, fire extinguishers, lighting fixtures, ballasts, light globes, and tubes, hot water heaters, fixed partitioning, drapery, wall covering and paneling, built-in cabinet work and carpeting installations made by Tenant, together with all property that has become an integral part of the consent Building, shall at once be and become the property of Landlord, and shall not be deemed trade fixtures, but at its own cost and expense and in good workmanlike manner erect such shelvesany or all are subject to removal pursuant to paragraph 10 hereof. Notwithstanding anything to the contrary herein, binsTenant’s trade fixtures, machinery furniture, equipment and other trade fixtures as it may deem advisable, without altering personal property installed in the basic character of the Building or Development Premises (“Tenant’s Property”) shall at all times be and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirementsremain Tenant’s property. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of remove Tenant’s Property from the Premises if required at any time, provided that Tenant repairs all damage caused by Landlord; upon such removal. Landlord shall have no lien or other interest in any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality item of the BuildingTenant’s Property.

Appears in 2 contracts

Sources: Lease Agreement (Silk Road Medical Inc), Lease Agreement (Silk Road Medical Inc)

Alterations. Tenant Sublessee shall not make any alterations, additions or improvements alterations to the Subleased Premises (includingwithout the consent of Prime Landlord and Sublessor, which consent may be granted or withheld in their sole discretion. Sublessee may, without limitationfurther notice to or approval of Sublessor or Prime Landlord, install and maintain data and voice cabling required by Sublessee in order to utilize the roof and wall penetrations) without the prior written consent of Landlord. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same Subleased Premises for its intended use in accordance with plans previously approved by Sublessor (which approval will not be unreasonably withheld, conditioned or delayed) and may change the locks as discussed below. If Sublessee’s telecommunications provider installs telecommunications equipment and/or related connecting equipment (i.e., cables, conduits, inner ducts and connecting hardware) in the building in connection with the provision of telecommunications services to Sublessee (collectively, the “Telecommunications Equipment”), then: (a) immediately following the installation of same, throughout the Term and following the expiration or earlier termination of this Sublease, all governmental lawssuch Telecommunications Equipment shall be properly labeled (identifying both the service provider and Sublessee) at Sublessee’s sole cost and expense; and (b) at the expiration or earlier termination of this Sublease, ordinancesSublessee shall, rules at Sublessee’s sole cost and regulations expense, without liens, cause all such Telecommunication Equipment to be removed from the Building. Any such property not so removed within thirty (30) days after the expiration or earlier termination of this Sublease may, at Sublessor’s sole option: (i) be removed and stored by Sublessor at Sublessee’s expense; or (ii) become the property of Sublessor without compensation to Sublessee. Sublessee shall, at its sole cost and expense, repair all requirements damage caused by the installation, operation and/or removal of Landlord's the Telecommunications Equipment. If Sublessee fails to repair any such damage, Sublessor may, in its sole discretion, repair such damage and Tenant's insurance policies Sublessee shall, within thirty (30) after Sublessor’s written request for payment, reimburse Sublessor for all costs and expenses reasonably relating to such damage. Sublessee may make alterations to the Subleased Premises only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character Paragraph 12 of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality of the BuildingPrime Lease.

Appears in 2 contracts

Sources: Sublease (Audentes Therapeutics, Inc.), Sublease (Audentes Therapeutics, Inc.)

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises (including, without limitationbut not limited to, the roof and wall penetrationspenetrations or alterations, additions or improvements affecting building, mechanical or electrical systems or equipment) without the prior written consent of Landlord. If Landlord shall, which consent may be withheld in its sole discretion or may be conditioned on, among other things, proof of insurance coverage, payment and performance bonds, in forms, amounts and by companies acceptable to any alterationsLandlord, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements ▇▇▇▇▇▇▇▇'s review of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; specifications, ▇▇▇▇▇▇'s contractor and any contractor or person selected by Tenant to make the same, or, at Landlord▇▇▇▇▇▇'s option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereofbuilding permit. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building building or Development improvements and without overloading the floor or damaging such Building building or Developmentimprovements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this Lease or upon earlier vacating of the Premises; provided, however, that if Landlord so elects prior to termination of this Lease or upon earlier vacating of the Premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and shall be delivered up to the Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure buildings and other improvements situated on the Premises. Landlord shall have the right at any time and from time to time to make changes or structural quality alterations to any portion of the BuildingProject other than the Premises and Landlord shall not be subject to any liability with respect to such alterations.

Appears in 2 contracts

Sources: Lease Agreement (Homegrocer Com Inc), Lease Agreement (Advanced Materials Group Inc)

Alterations. Tenant shall not make any alterations, additions or improvements alterations to the Premises (including, or the Business Park without limitation, the roof and wall penetrations) without the Landlord's prior written consent of Landlordwhich shall not be unreasonably withheld. If Landlord shall, gives its consent to any such alterations, additions or improvements proposed 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 construct at its own cost restore the same Premises to the condition designated by Landlord in accordance with all governmental lawsits election, ordinancesbefore the last day of the Term or within thirty (30) days after notice of its election is given, rules and regulations and all requirements of Landlord's and whichever is later. Should Landlord consent in writing to Tenant's insurance policies 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 only permits, and shall complete such alterations with due diligence in accordance compliance with plans and specifications approved by Landlord; . Tenant shall pay all costs for such construction and shall keep the Premises free and clear of all mechanics' liens which may result from construction by Tenant. Notwithstanding anything in this Lease to the contrary: a. Tenant shall not be required to remove any contractor improvement or person selected fixture installed by Tenant in, on or about the Premises pursuant to make the sameTenant's repair obligation under this Lease, orand Tenant shall not be required to remove any alterations, at Landlord's option and discretion, the alterationsimprovements, additions or improvements utility installations for which Tenant has obtained Landlord's consent, unless Landlord has indicated, at the time of granting such consent, that such removal will be required. b. Tenant shall be made by Landlord for entitled to remove Tenant's account furniture, equipment, trade fixtures and other personal property at the expiration of the term, provided Tenant repairs all damages caused by such removal. c. Tenant shall fully reimburse Landlord for be entitled to make alterations and utility installations in, on, under or about the entire cost thereof. Tenant may, Premises without the consent of Landlord, but at its own so long as the cost and expense and in good workmanlike manner erect of such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering alteration or utility installation does not (i) exceed the basic character sum of $2,500; (ii) affect the structural or exterior portions of the Building or Development adversely affect the Building electrical, plumbing or HVAC systems; or (iii) involve the removal or relocation of any walls. Tenant shall, however, provide Landlord fifteen (15) days prior advance written notice and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination copies of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating a description of the Premises if required by Landlord; upon alteration along with building permit plans(s) and specifications to enable Landlord to post any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality desired notices of the Buildingnon-responsibility.

Appears in 2 contracts

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

Alterations. Tenant A. Lessee shall not wake any alterations or additions to the Premises without first delivering to Lessor a copy of all plans and specifications for such alterations or additions and obtaining Lessor’s prior written consent, which consent shall not be unreasonably withheld or conditioned. Lessor agrees to provide notice of its decision to Lessee within 20 days after Lessor has received all plans and specifications required to be delivered by Lessee to Lessor and upon which a decision is to be made. Lessor’s failure to deliver to Lessee notice withholding Lessor’s consent thereto or requesting additional information within the 20 day period shall be deemed Lessor’s granting of consent. Notwithstanding the foregoing, subject to Lessee’s compliance with the other requirements of this paragraph 12, Lessor hereby consents to Lessee making its initial tenant improvements to the Premises provided Lessee delivers to Lessor, within 30 days of Lessee’s receipt of such documents, copies of all government approvals and permits, plans, specifications and the Certificate of Final Completion and Occupancy or its equivalent. In addition, after the completion of the alterations and additions to the Premises in connection with Lessee’s initial occupation of the Premises, Lessee shall have the right, without Lessor’s consent, to make non-structural alterations and additions to the Premises, provided that the aggregate cost of such alterations and additions made without consent shall not exceed $500,000 over the term of this Lease and no one alteration or addition shall cost more than $50,000. Any permitted alterations or additions, other than Lessee’s equipment and trade fixtures, shall remain on and be surrendered with the Premises on expiration or termination of the term or any extension thereof, unless Lessor elects to require Lessee to remove all of its alterations or additions that Lessee has made to the Premises, in which event Lessee shall remove all such alterations or additions at its sale cost shall restore the Premises to the condition when received by Lessee on the Lease Commencement Date, ordinary wear and tear and damage by fire, earthquake, or act of God excepted. If Lessee fails to so restore and to remove such alterations and additions and its equipment and trade fixtures from the Premises and Lessor incurs costs to restore the Premises or to remove additions or alteration made by Lessee or Lessee’s equipment and trade fixtures and to remove any hazardous materials as defined in paragraph 8.C.(1) of this Lease and remediate any contamination as required by paragraph 8.C.(4) of this Lease, Lessee shall reimburse Lessor for all such costs incurred and shall also reimburse Lessor for the Base Monthly Rent prorated for each day after the expiration of the term that Lessor must occupy the Premises for the purpose of removing Lessee’s alterations, additions, equipment and trade fixtures or making repairs. B. If Lessee makes any alterations or additions to the Premises as provided in this paragraph 12, the alterations or additions shall not be commenced until five (5) business days after Lessor has received written notice from Lessee stating the date the installation of the alterations or additions is to commence so that Lessor may post and record an appropriate notice(s) of non-responsibility. C. Lessee’s right to make additions and alterations, and the consent of Lessor given as set forth or required by this paragraph 12, shall be deemed conditioned upon Lessee’s acquiring every permit required to make such alterations, additions or improvements from all governmental agencies whose approval is required. Lessee shall furnish a copy of each and every permit to Lessor prior to beginning any such work and shall complete said work according to applicable building codes and other applicable governmental regulations and permitting requirements in a worker-like and expeditious manner. D. Lessee shall pay all costs for any and all alterations or additions done by it or caused to be done by it on the Premises as permitted by this Lease. Lessor shall have no obligation or responsibility to make any alterations or improvements to the Premises, except as specifically provided in this Lease. Lessee shall keep the Premises (includingfree and clear of all mechanics’ liens resulting from any alterations or additions done by or for Lessee. Lessee shall have the right to contest the correctness or the validity of any such lien if, without limitationimmediately on demand by Lessor, Lessee procures and records a lien release bond issued by a corporation authorized to issue surety bonds in California in an amount equal to one and one-half times the roof and wall penetrations) without amount of the prior written consent claim of Landlordlien. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenant, Tenant The bond shall construct meet the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's Civil Code Section 3143 and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord provide for the entire cost thereof. Tenant maypayment of any sum that the claimant may recover on the claim (together with costs of suit, without if it recovers in the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality of the Buildingaction).

Appears in 2 contracts

Sources: Sublease (Audentes Therapeutics, Inc.), Sublease (Audentes Therapeutics, Inc.)

Alterations. Tenant shall not make any All alterations, additions or and improvements, except trade fixtures, installed at expense of Tenant, shall become the property of Landlord and shall remain upon and be surrendered with the leased premises as a part thereof on the termination of this lease. Such alterations, additions, and improvements to the Premises (including, without limitation, the roof and wall penetrations) without may only be made with the prior written consent of Landlord, which consent shall not be unreasonably withheld. If consent is granted for the making of improvements or alterations to the leased premises, such improvements and alterations shall not commence until Tenant has furnished to Landlord shall, consent a certificate of insurance showing coverage in an amount satisfactory to Landlord protecting Landlord from liability for injury to any person and damage to any personal property, on or off the leased premises, in connection with the making of such improvements or alterations. No cooling tower, additions equipment, or improvements proposed structure of any kind shall be placed on the roof or elsewhere on the leased premises by Tenant without prior written permission of Landlord. If such permission is granted, such work or installation shall be done at Tenant's expense and in such a manner that the roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily, so that repairs to the roof can be made. Tenant shall promptly remove and reinstall the cooling tower, equipment or structure at Tenant's expense and repair at Tenant's expense any damage resulting from such removal or reinstallation. Upon termination of this lease, Tenant shall construct remove or cause to be removed from the same in accordance with all governmental lawsroof any such cooling tower, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved equipment or structure if directed to do so by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and . Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but promptly repair at its own cost and expense and in good workmanlike manner erect any damages resulting from such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirementsremoval. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to At the termination of this Lease if lease, Tenant so electsshall deliver the leased premises in good order and condition, natural deterioration only excepted. Any damage caused by the installation or removal of trade fixtures shall be repaired at Tenant's expense prior to the expiration of the lease term. All alterations, improvements, additions, and repairs made by Tenant shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished made in a good and workmanlike manner so as not to damage the primary structure or structural quality of the Buildingmanner.

Appears in 2 contracts

Sources: Commercial Lease (United Oilfield Services Inc), Commercial Lease (Penge Corp)

Alterations. Excepting Tenant’s Upfit, Tenant shall not make any no alterations, additions additions, or improvements to the Premises (including, without limitation, the roof and wall penetrations) without the prior written consent of Landlord. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected such request by Tenant of Landlord to make the same, or, at Landlord's option and discretion, the any such alterations, additions or improvements shall in each case be accompanied by plans and specifications for such alterations, additions and improvements all in such detail as Landlord may reasonably required. Any alteration, addition or improvement to the Premises which results in any damage to the Premises or the alteration, addition or improvement to the Premises which results in any damage to the Premises or the Building including, but not limited to the floor, ceiling or outside walls shall be repaired by the Tenant at the termination of the Lease, or if sooner, upon the request by the Landlord. All alterations, additions and improvements (including, without limitation, all partitions, walls, railings, carpeting, and floor coverings) made by, for or at the direction of the Tenant, shall remain upon and be surrendered with the Premises as a part thereof at the expiration or earlier termination of this Lease. All contractors and subcontractors employed by Tenant for any such work shall be subject to Landlord’s prior approval. Tenant shall comply with all applicable laws and obtain all licenses and permits required by any applicable authority before commencing construction. Any alarm or sprinkler system installed by Tenant must be compatible with any such system maintained by Landlord for Tenant's account the Building, Tenant and all contractors and subcontractors employed or engaged by Tenant shall fully comply with the Contractor Upfit and Insurance Procedures and Requirements prepared by Landlord for the Building, a copy of which will be provided to Tenant upon request All alterations, additions and improvements made by Tenant to the Premises, including without limitation, the initial alterations, additions and improvements made to the Premises, shall remain in the Premises and shall not be removed therefore at any time. Upon the expiration or any earlier termination of this Lease, Tenant shall promptly reimburse Landlord for the entire any expense or cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and incurred by Landlord in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore restoring the Premises to their original condition. All such removals the condition in which the Premises were at the time Tenant shall have occupied the same, except for Tenant’s Upfit and restoration shall be accomplished for ordinary wear and tear, fire or other casualty and alterations, additions and improvements to the Premises consented to in a good writing by Landlord unless Landlord is entitled to and workmanlike manner so as not notifies Tenant to damage remove the primary structure or structural quality of the Buildingsame.

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement (Bank of South Carolina Corp)

Alterations. Tenant shall not make or suffer to be made any alterations, additions additions, or improvements which are structural in nature or which affect utility lines or equipment serving other portions of the property, Building or in, on, or to the Premises (including, without limitation, the roof and wall penetrations) or any part thereof or make any improvements without the prior written consent of Landlord, which may be withheld in Landlord’s reasonable discretion. If Landlord When applying for such consent, Tenant shall, consent if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made using a contractor acceptable to Landlord at Tenant’s sole cost and expense. All alterations, additions or improvements proposed performed by Tenant, Tenant shall construct the same be constructed in accordance with all governmental government laws, ordinances, rules and regulations and all requirements Tenant shall, prior to construction, provide to Landlord waivers of Landlord's and Tenant's insurance policies and only lien to protect Landlord against any loss from any mechanics’, materialmen’s or other liens. Tenant shall pay in accordance with plans and specifications approved addition to any sums due pursuant to Paragraph 5 or 6 above any increase in real estate taxes attributable to any such alteration, addition, or. improvement for so long, during the Term, as such increase is ascertainable. Upon the expiration or sooner termination of the Term as herein provided, Tenant shall upon demand by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option Tenant’s sole cost and discretionexpense, the forthwith and with all due diligence remove any such alterations, additions or improvements shall be made which are designated by Landlord for Tenant's account to be removed, and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant mayforthwith and with all due diligence, without the consent of Landlord, but at its own sole cost and expense expense, repair and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals , reasonable wear and restoration tear and loss by casualty excepted Any alteration, additions or improvements to be done by Tenant or Landlord as part of Tenant’s initial occupancy shall be accomplished specified in Exhibit B. Any alteration, addition, or improvement in, on, or to the Premises including carpeting, but excepting movable furniture, personal property, and trade fixtures of Tenant, which are removable without material damage to the property or the Premises, shall be and remain the property of Tenant during the Term but shall, unless Landlord elects otherwise, become a good and workmanlike manner so as not to damage the primary structure or structural quality part of the Buildingrealty and belong to Landlord without compensation to Tenant upon the expiration or sooner termination of the Term and title shall pass to Landlord under this Lease as by a ▇▇▇▇ of sale.

Appears in 2 contracts

Sources: Lease Agreement (Avago Technologies LTD), Lease Agreement (Cyoptics Inc)

Alterations. Tenant shall not make nor permit to be made any alterations, additions ----------- alterations or improvements to the Premises (including, without limitation, the roof and wall penetrations) without the obtaining Landlord's prior written consent of which shall not be unreasonably withheld, and then only by contractors or mechanics approved by Landlord. If Landlord shall, shall generally consent to any alterations, additions additions, or improvements proposed which do not affect the value of the Premises significantly and which do not affect the structure or operation of the Building. Tenant covenants and agrees that all work done by Tenant, Tenant shall construct the same be performed in accordance full compliance with any and all governmental applicable laws, statutes, rules, orders, ordinances, rules regulations, and regulations requirements of the federal, state, and local governments, and all their departments and bureaus, as well as the requirements of Landlord's and Tenant's the Association of Fire Underwriters, or similar governing insurance policies and only in accordance with plans and specifications body. Unless otherwise approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the all alterations, additions or additions, and improvements to the Premises shall be made by Landlord. Landlord shall pay for the cost of any alterations, additions, and improvements to the Premises only to the extent Landlord agrees to do so by a separate written agreement with Tenant's account and . Otherwise, Tenant shall fully reimburse Landlord pay all costs for such additions, alterations, and improvements including any additions, alterations, and improvements to the entire cost thereofPremises required by any governmental agency during the term of this Lease, which costs shall include a reasonable overhead and profit charge by Landlord. Tenant mayshall report all costs incurred by Tenant for any alterations, additions, or improvements made by Tenant to the Premises and shall permit Landlord to examine all contracts and records relating to such alterations, additions, or improvements. All alterations, additions, and improvements to the Premises by Landlord or Tenant shall become part of the realty and belong to Landlord and, at the end of the term hereof, shall remain on the Premises without the consent compensation of Landlordany kind to Tenant, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other except that any trade fixtures as it may deem advisable, without altering the basic character of the Building or Development which are installed and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed paid for by Tenant shall remain the property of Tenant and may be removed by Tenant prior to during the termination term of this Lease if provided Tenant so elects, and shall be removed by repairs any damage to the date of termination of this Lease or upon earlier vacating remaining improvements of the Premises if required caused by Landlord; upon any the removal of such removal fixtures. Moveable furniture and equipment of Tenant shall restore remain the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality property of the BuildingTenant.

Appears in 2 contracts

Sources: Office Building Lease (Physicians Quality Care Inc), Office Building Lease (Physicians Quality Care Inc)

Alterations. After the Commencement Date, Tenant shall not make any alterationsadditions, additions changes, alterations or improvements (“Alterations”) to the Premises (includingor the Building, without limitation, the roof and wall penetrations) without the prior written consent of Landlord. If Landlord shall, consent to any alterations, additions or improvements proposed by All Alterations shall be at Tenant, Tenant ’s sole cost and shall construct the same be performed in accordance with all governmental laws, ordinances, rules a good and regulations workmanlike manner and all requirements materials used shall be of Landlord's a quality comparable to those in the Premises and Tenant's insurance policies the Building and only shall be in accordance with plans and specifications approved by Landlord; . All Alterations shall be performed in accordance with reasonable requirements established by Landlord, including, upon Landlord’s request, provision of a lien and completion bond in an amount equal to 150% of the cost of the Alterations. In any contractor case, Tenant shall pay Landlord a reasonable fee to cover Landlord’s costs incurred in reviewing Tenant’s plans and specifications. Tenant shall maintain a safe working environment, including the continuation of all fire and security protection devices, if any, previously installed in the Premises by Landlord. All damages or person selected injury done to the Premises or the Building by Tenant or by any persons who may be in or upon the Premises or the Building with the express or implied consent of Tenant, including but not limited to make the samecracking or breaking of any glass of windows and doors, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made paid for by Landlord for Tenant's account Tenant and Tenant shall fully reimburse pay for all damage to the Building caused by acts or omissions of Tenant or Tenant’s officers, contractors, subcontractors, agents, invitees, licensees, employees, successors or assigns. If Landlord consents to any Alterations by Tenant, the same shall not be deemed a warranty as to the adequacy of the design, workmanship or quality of materials, and Landlord hereby expressly disclaims any responsibility or liability for the entire cost thereofsame. Tenant mayLandlord shall under no circumstances have any obligation to repair, without the consent maintain or replace any portion of Landlordany Alterations. Except as otherwise provided herein, but at its own cost and expense and in good workmanlike manner erect such shelvesall Alterations, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character except Tenant’s moveable personal property that does not become a part of the Building shall remain in and be surrendered with the Premises as a part thereof at the expiration or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the sooner termination of this Lease if Lease. Landlord may require Tenant so elects, to remove any Alterations and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall to restore the Premises to their original conditionits condition prior to the completion of any Alterations at the expiration or termination of the Term, such work to occur at Tenant’s expense and Tenant shall repair all damage to the Premises or Building occurring as a result of such removal or restoration. All If Tenant fails to remove any Alterations as required by Landlord or repair any damage occurring during such removals and restoration removal, Landlord shall be accomplished entitled to remove any Alterations or make such repairs, at Tenant’s expense. Tenant shall comply with all applicable laws, codes and regulations in a good and workmanlike manner so as not to damage the primary structure or structural quality of the Buildingconnection with all Alterations.

Appears in 2 contracts

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

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises (including, without limitation, the including but not limited to roof and wall penetrations) which cost in excess of $10,000.00 per project without the prior written consent of Landlord. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenant, Tenant which shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall not be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereofreasonably withheld. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building building or Development improvements and without overloading the floor or damaging such Building building or Developmentimprovements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this Lease or upon earlier vacating of the Premises, provided, however, that if Landlord so elects prior to termination of this Lease or upon earlier vacating of the Premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and shall be delivered up to the Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or of structural quality qualities of the Buildingbuildings and other improvements situated on the Premises.

Appears in 2 contracts

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

Alterations. Tenant shall not make any All alterations, additions or and improvements, except trade fixtures, installed at expense of Tenant, shall become the property of Landlord and shall remain upon and be surrendered with the leased premises as a part thereof on the termination of this lease. Such alterations, additions, and improvements to the Premises (including, without limitation, the roof and wall penetrations) without may only be made with the prior written consent of Landlord, which consent shall not be unreasonably withheld. If consent is granted for the making of improvements or alterations to the leased premises, such improvements and alterations shall not commence until Tenant has furnished to Landlord shall, consent a certificate of insurance showing coverage in an amount satisfactory to Landlord protecting Landlord from liability for injury to any alterationsperson and damage to any personal property, additions on or off the leased premises, in connection with the making of such improvements proposed or alteration. No cooling tower, equipment, or structure of any kind shall be placed on the roof or elsewhere on the leased premises by Tenant without prior written permission of Landlord. If such permission is granted, such work or installation shall be done at Tenant's expense and in such a manner that the roof shall not be damaged thereby. If it becomes necessary to remove such cooling tower, equipment or structure temporarily so that repairs to the roof can be made, Tenant shall construct promptly remove and reinstall the same in accordance with all governmental lawscooling tower, ordinances, rules and regulations and all requirements of Landlord's and equipment or structure at Tenant's insurance policies expense and only in accordance with plans and specifications approved repair at Tenant's expense any damage resulting from such removal or reinstallation. Upon termination of this lease, Tenant shall remove or cause to be removed from the roof any such cooling tower, equipment or structure if directed to do so by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and . Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but promptly repair at its own cost and expense and in good workmanlike manner erect any damages resulting from such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirementsremoval. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to At the termination of this Lease if lease, Tenant so electsshall deliver the leased premises in good order and condition, natural deterioration only excepted. Any damage caused by the installation of trade fixtures shall be repaired at Tenant's expense prior to the expiration of the lease term. All alterations, improvements, additions, and repairs made by Tenant shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished made in a good and workmanlike manner so as not to damage the primary structure or structural quality of the Buildingmanner.

Appears in 2 contracts

Sources: Commercial Lease, Commercial Lease

Alterations. (a) Tenant shall not make any alterations, additions or improvements (collectively, "Alterations") in, on or to the Premises (including, without limitation, the roof and wall penetrations) or any part thereof without the prior written consent of Landlord. If Any Alterations, except for Tenant's movable furniture and equipment, shall immediately become Landlord's property and, at the end of the Term, shall remain on the Premises without compensation to Tenant; provided, however, that any such movable furniture and equipment, otherwise belonging to Tenant, but which shall remain on the Premises at the expiration or other termination of the Term shall also become the property of Landlord shall, unless promptly removed by Tenant. In the event Landlord shall consent to the making of any alterations, additions or improvements proposed Alterations by Tenant, Tenant shall construct the same in accordance with all governmental lawsshall be made by Tenant, ordinances, rules and regulations and all requirements of Landlord's and at Tenant's insurance policies sole cost and only expense, in accordance with plans and specifications previously approved by Landlord; , and any contractor or person selected by Tenant to make the same, or, at Alterations must first be approved in writing by Landlord's option and discretion, the alterations, additions or improvements . Before any Alterations shall be made by Landlord for Tenant's account and commenced, Tenant shall fully reimburse furnish Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost with workmen's compensation and expense public liability insurance and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying shall comply with all applicable governmental laws, including but not limited to the Mechanic's Lien Law of the State of Florida, ordinances, regulations and other requirements. All shelvesregulations, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so electsbuilding codes, and shall obtain all required permits, inspections, and certificates as shall be removed required by all governmental agencies having jurisdiction thereof. Upon the date of expiration or sooner termination of this Lease or the Term, Tenant shall upon earlier vacating of the Premises if required demand by Landlord; upon , at Tenant's sole cost and expense, remove any such removal Alterations made by or for the account of Tenant, which Landlord shall designate for removal, and Tenant shall shall, at its sole cost and expense, repair and restore the Premises to their its original condition. All such removals and restoration Notwithstanding the aforementioned, Tenant will only be required to remove those Alterations not previously approved by Landlord. (b) Lessee shall not paint or install any signs in or on the Premises, on the exterior doors, plate glass or exterior walls of the Premises or the Building, without the prior written consent of Landlord. Such written consent shall be accomplished in a good required as to the content of the sign, its size, material, format, the manner and workmanlike manner method of its installation. Landlord reserves the right to require Tenant, at Tenant's sole expense, to modify, remove, replace or redesign its sign so as not to damage harmonize the primary structure sign with the overall appearance and design now or structural quality of hereafter existing in the Building. Landlord reserves the right to change the sign policies and design criteria with respect thereto at any time during this Lease and Tenant agrees to conform to such changes within fifteen (15) days of receipt of written notice from Landlord pertaining thereto. No furniture, doormats, or other objects shall be placed by Tenant in the corridors or elsewhere in or about the Building other than within the Premises.

Appears in 2 contracts

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

Alterations. (a) Tenant shall not make any alterations, additions or improvements to the Premises (including, without limitationbut not limited to, the roof and wall penetrations) without the prior written consent of Landlord. If Landlord shall, which consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall not be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereofunreasonably withheld. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner manner, erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character or structure of the Building Premises or Development improvements and without overloading the floor or damaging such Building the Premises or Developmentimprovements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. Tenant shall not make any alterations, additions or improvements to the Premises which will contravene Landlord's policies insuring against loss or damage by fire or other hazards, including but not limited to commercial general liability, or which will prevent Landlord from securing such policies in companies acceptable to Landlord. If any such alterations, additions or improvements cause the rate of fire or other insurance on the Premises by companies acceptable to Landlord to be increased beyond the minimum rate from time to time applicable to the Premises for permitted uses thereof, Tenant shall pay as additional rent the amount of any such increase promptly upon demand by Landlord. (b) Any and all alterations, additions, improvements, partitions and fixtures erected by Tenant shall be the property of Landlord and shall remain at the Premises upon termination of the Lease or upon earlier vacating of the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall provided such removal may be removed by the date of termination of this Lease or upon earlier vacating of accomplished without damage to the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises or to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality qualities of the BuildingBuilding and other improvements situated on the Premises. Tenant shall repair any damage to the Premises, or to the Building as a result of any alteration, addition, improvement, or repair to the Premises, or the removal of personal property or trade fixtures by Tenant, its employees, agents, invitees, or contractors to the Premises. Should Tenant fail to conduct any such repair within ten days of written notice from Landlord, Landlord may, at its option, perform same, and Tenant shall remit payment to Landlord for the actual cost and expense incurred by Landlord in effecting such repair immediately upon demand.

Appears in 2 contracts

Sources: Lease Agreement (Pharmaceutical Product Development Inc), Lease Agreement (Pharmaceutical Product Development Inc)

Alterations. Tenant Subtenant acknowledges and agrees that Subtenant’s right to construct or install any Alterations, additions or improvements in or to the Sublease Premises shall be subject to (i) the prior written consent of Sublandlord (which shall not make be unreasonably withheld) and Master Landlord, and (ii) the terms and conditions of this Sublease. Because Sublandlord currently has no right to construct or install any tenant improvements or Alterations, additions or other improvements in the Master Lease Premises prior to the Commencement Date of the Master Lease, Sublandlord currently has no right to grant Subtenant the right to construct or install any Alterations, additions or improvements in or to the Sublease Premises prior to the Commencement Date of the Master Lease. Sublandlord will request of Master Landlord that Master Landlord consent to allow Subtenant to construct or install Alterations in the Sublease Premises prior to the Commencement Date of the Master Lease (subject to Master Landlord and Sublandlord having a right to approve such Alterations); however, Sublandlord makes no representation or warranty that Master Landlord will consent to Subtenant being allowed to construct or install any Alterations, additions or improvements in the Sublease Premises prior to the Commencement Date of the Master Lease (or thereafter). If, following the Commencement Date of the Master Lease, Sublandlord desires to construct or install, or caused to be constructed or installed, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof (and/or in any other part of the Master Lease Premises), (i) Subtenant shall reasonably cooperate with Sublandlord to allow Sublandlord to undertake, or cause to be undertaken, such alterations, additions or improvements in the Sublease Premises (and/or in any other part of the Master Lease Premises) and (ii) in connection with any such alterations, additions or improvements undertaken, or caused to be undertaken, by Sublandlord in or to the Sublease Premises, or any part thereof, Sublandlord agrees that it will take reasonable steps, to minimize interference with Subtenant’s use and occupancy of the Sublease Premises. Such reasonable steps shall not require, however, that Sublandlord undertake, or cause to be undertaken, such alterations, additions or improvements during evenings or on weekends. If Sublandlord undertakes, or causes to be undertaken, any alterations, additions or improvements in or to the Sublease Premises, or any part thereof, during the Sublease Term, Subtenant shall not remove, modify, alter or damage in any way such alterations, additions or improvements so constructed or installed by or on behalf of Sublandlord. Sublandlord shall indemnify Subtenant against and hold Subtenant harmless from any and all Claims of personal injury or property damage (to the extent not covered by insurance) arising from, any construction work performed in the Sublease Premises during the Sublease Term by or for Sublandlord; provided, however, such indemnity and hold harmless obligation shall not be applicable to any personal injuries or property damage to the extent caused by the negligence or willful misconduct of Subtenant or any of Subtenant’s agents, employees, affiliates, contractors, subcontractors, licensees, sublessees, invitees or other representatives. In no event shall the performance of the Alterations, additions or improvements by or on behalf of Subtenant interfere with or delay the commencement or completion of any alterations, additions or improvements by or on behalf of Sublandlord, including, without limitation, the roof Tenant Improvements described in the Master Lease. Subtenant hereby agrees and wall penetrations) without acknowledges that, due to safety, security and other reasonable considerations arising in connection with the prior written consent performance of Landlord. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenantor on behalf of Sublandlord, Tenant shall construct Subtenant may not have access to the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements entire Sublease Premises during the construction or installation of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the certain alterations, additions or improvements by or on behalf of Sublandlord; provided, however, that Sublandlord and Subtenant shall be made by Landlord for Tenant's account reasonably cooperate with each other to afford Subtenant access to and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent use of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character much of the Building Sublease Premises as is reasonably practicable during the period of any Sublandlord alterations, additions or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirementsimprovements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior Anything herein to the termination contrary notwithstanding, Subtenant shall not be permitted to access and/or occupy the Sublease Premises unless and until (i) Subtenant has provided Sublandlord the certificates of insurance required by Section 4.4 hereof, (ii) Subtenant has delivered to Sublandlord the monthly installment of Base Rent due of the first month of the Sublease Term and the security deposit referred to in Section 5.4 of this Lease if Tenant so elects, Sublease and shall be removed by the date of termination of (iii) Master Landlord has consented to this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality of the BuildingSublease.

Appears in 2 contracts

Sources: Sublease (Pulmonx Corp), Sublease (Pulmonx Corp)

Alterations. a) Tenant shall not create any openings in the roof or exterior walls, nor make any alterations, additions or improvements to the exterior Demised Premises (including, without limitation, the roof and wall penetrations) without the prior written consent of Landlord. If Landlord shall, consent to any Consent for minor alterations, additions or improvements proposed by Tenantadditions, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall not be made unreasonably withheld by Landlord for Landlord. Tenant shall have the right to make alterations and improvements to the interior of the building on the Demised Premises and at all times to install Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery machinery, equipment and other trade fixtures as it may deem advisablefixtures, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying provided Tenant complies with all applicable governmental laws, ordinancesordinances and regulations, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed further provided that such installations by Tenant may be removed shall not cause any structural or other damage or deface the Demised Premises. Providing Tenant is not in default of any of the terms, covenants or conditions of this Lease, Tenant shall have the right to remove at the termination of this Lease such items so installed, including any machinery or equipment installed and paid for by Tenant, if any (as specifically differentiated from any such equipment owned by Landlord); however, Tenant shall, prior to the termination of this Lease if Lease, promptly repair any damage caused by such removal. b) Except as otherwise provided above regarding Tenant's right to remove certain installations or additions, all alterations, additions and improvements made by Tenant so electsshall become the property of Landlord at the termination or expiration of this Lease, or Landlord may require Tenant to remove such alterations, additions and improvements and any other property placed in or on the Demised Premises by Tenant and restore the property to its original condition, and Tenant shall be removed repair any damage caused by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore and leave the Demised Premises to their original condition. All such removals and restoration shall be accomplished in a good broom clean and workmanlike manner so as not to damage the primary structure or structural quality of the Buildingorderly condition.

Appears in 2 contracts

Sources: Lease Agreement With Option to Purchase (Hanover Compressor Co), Lease Agreement With Option to Purchase (Hanover Compressor Co)

Alterations. (a) Tenant shall will not make or suffer to be made any alterations, additions or improvements in excess of $5,000.00 excluding the initial Tenant Improvements (collectively “Alterations”) to or upon the Premises, the Building, or any part thereof, or attach any fixtures or equipment thereto, without first obtaining Landlord’s written approval. Tenant will provide Landlord with three detailed drawings of Tenants desired Alterations for approval prior to any Alterations being started. When approved, Landlord will return one copy of the drawings to Tenant with Landlords signature of approval. Any Alterations to or upon the Premises (including, without limitation, the roof and wall penetrations) without the prior written consent of Landlord. If Landlord shall, consent to any alterations, additions or improvements proposed shall be made by Tenant, Tenant shall construct the same in accordance with all governmental lawsat Tenant’s sole cost and expense, ordinances, rules provided that any architect and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any or contractor or person selected by Tenant to make the samesame shall be subject to Landlord’s reasonable prior written approval. All Alterations which are permanent in character, orincluding wiring for phone, computer, cabling, or other networks, made in or upon the Premises either by Tenant or Landlord, may at the option of Landlord, become Landlord’s property and, at Landlord's option the end of the term or any extension hereof, shall remain on the Premises without compensation to Tenant, unless Landlord request that Tenant remove any such Alterations. Notwithstanding the above, Tenant’s work stations, trade fixtures, furniture, equipment, telecommunications, data and discretionnetwork equipment and switches and other items of personal property brought onto the Premises shall not constitute Alterations hereunder and shall remain Tenant’s property upon the expiration or earlier termination of this Lease. (b) All Alterations shall, when completed, be of such a character as not to lessen the alterations, additions value of the Premises or such improvements as may be located thereon. Any Alterations shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense promptly and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Developmentmanner, and in each case after complying compliance with all applicable governmental permits, building and zoning laws, and with all other laws, ordinances, orders, rules, regulations and other requirementsrequirements of all applicable federal, state and municipal governments, departments, commissions, boards and offices. All shelvesThe costs of any such Alterations shall be paid by Tenant, binssuch that the Premises be free of liens, machinery for services performed, labor and trade fixtures installed by material supplied or claimed to have been supplied. Before any Alterations shall be commenced, Tenant may be removed by Tenant prior shall pay any increase in premiums on insurance policies (provided for herein) or ensure adequate coverage is in place for all risks related to the termination construction of this Lease if Tenant so elects, such. Alterations and shall be removed by the date of termination of this Lease or upon earlier vacating increased value of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality of the BuildingPremises.

Appears in 2 contracts

Sources: Commercial Triple Net Lease (Extend Health Inc), Commercial Triple Net Lease (Extend Health Inc)

Alterations. Except for the Tenant shall Improvements, Tenant will not make any alterations, additions or improvements to the Premises (including, without limitationbut not limited to, the roof and wall penetrations) penetrations without the prior written consent of Landlord. If Landlord shall(not to be unreasonably withheld, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereofdelayed). Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner manner, erect such shelves, bins, machinery machinery, movable lab benches, equipment, trade fixtures (defined as any fixtures used by Tenant in its specific business and not paid for by Landlord) and other trade fixtures non-structural interior improvements as it may deem advisable, without altering the basic character or structure of the Building Premises or Development improvements and without overloading the floor or damaging such Building the Premises or DevelopmentBuilding, and in each case after complying with all Applicable Laws. Tenant will not make any alterations, additions or improvements to the Premises which will contravene Landlord’s policies insuring against loss or damage by fire or other hazards, including but not limited to commercial general liability, or which will prevent Landlord from securing such policies in companies reasonably acceptable to Landlord. If any such alterations, additions or improvements cause the rate of fire or other insurance on the Premises by companies acceptable to Landlord to be increased beyond the minimum rate from time to time applicable governmental lawsto the Premises for permitted uses thereof (as reasonably documented by Landlord), ordinancesTenant will pay as Additional Rent the amount of any such increase promptly upon demand by Landlord. Within thirty (30) days receipt of reasonable documentation from Landlord following the completion of any alteration, regulations addition, or improvement at the Premises by Tenant that requires the prior consent of Landlord, Landlord will be reimbursed for any reasonable outside consultant or design professional costs actually incurred by Landlord to review any plans or supervise construction work (not to exceed the lesser of $1,500.00 or 5% of Tenant’s “hard” construction costs). No such reimbursement will be required for any alteration, addition or improvement that does not require the consent of Landlord. Any and other requirementsall alterations, additions, improvements, partitions and fixtures erected by Tenant will be the property of Landlord and will remain at the Premises upon termination of the Lease or upon earlier vacating of the Premises. All shelves, bins, machinery machinery, trade fixtures, and trade fixtures other interior non-structural improvements installed by Tenant will remain the personal property of Tenant and may be removed by Tenant prior to the termination of this Lease if provided such removal may be accomplished without damage to the Premises or Building that cannot be repaired by Tenant so electsas set forth in this subparagraph. Prior to vacating the Premises, Tenant will repair any damage to the Premises or Building as a result of any alteration, addition, improvement, or repair to the Premises, or the removal of personal property or trade fixtures by Tenant, or any Tenant Party. Should Tenant fail to conduct any such repair within ten (10) days of written notice from Landlord, Landlord may, at its option, perform same, and shall Tenant will remit payment to Landlord for the actual cost and expense incurred by Landlord in effecting such repair promptly upon demand. Tenant will have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs, and each such claim will affect and each such lien will attach to, if at all, only the leasehold interest granted to Tenant by this instrument. Tenant covenants and agrees that it will pay or cause to be removed paid all sums legally due and payable by it on account of any labor performed or materials furnished in connection with any work performed on the date Premises at the request of termination Tenant on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that it will save and hold Landlord harmless from any and all loss, cost or expense based on or arising out of asserted claims or liens against the leasehold estate or against the right, title and interest of Landlord in the Premises or under the terms of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality of the BuildingLease.

Appears in 2 contracts

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

Alterations. Except for any initial improvement of the Demised Premises pursuant to EXHIBIT "D", which shall be governed by the provisions of said EXHIBIT "D", Tenant shall not make make, suffer or permit to be made any alterations, additions or improvements to or of the Demised Premises (includingor any part thereof, or attach any fixtures or equipment thereto, without limitation, the roof and wall penetrations) without the prior first obtaining Landlord's written consent of Landlordconsent. If Landlord shall, consent With respect to any alteration, addition or improvement which does not affect the structure of the Building, does not affect any of the Building's systems (e.g., mechanical, electrical or plumbing), does not diminish the capacity of such Building systems available to other portions of the Building, is not visible from the common areas or exterior of the Building, and is in full compliance with all laws, orders, ordinances, directions, requirements, rules and regulations of all governmental authorities. Landlord's consent shall not be unreasonably withheld (and Landlord's consent shall not be required if the cost of the aforesaid type of alteration is less than $15,000.00). Any such alterations, additions or improvements proposed to the Demised Premises consented to by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements Landlord shall be made by Landlord or under Landlord's supervision for Tenant's account and Tenant shall fully reimburse Landlord for all costs thereof (including a reasonable charge for Landlord's overhead), as Rent, within ten (10) days after receipt of a statement. All such alterations, additions and improvements (except for Tenant's trade fixtures and computer and electronic equipment) shall become Landlord's property at the entire cost thereof. expiration or earlier termination of the Lease Term and shall remain on the Demised Premises without compensation to Tenant mayunless Landlord elects by notice to Tenant to have Tenant remove such alterations, without the consent of Landlordadditions and improvements, but in which event, notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 32 hereof, Tenant shall promptly restore, at its own sole cost and expense and in good workmanlike manner erect such shelvesexpense, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant Demised Premises to its condition prior to the termination installation of this Lease if such alterations, additions and improvements, normal wear and tear excepted. Tenant so electsshall under no circumstances be required to remove any alterations, additions and shall be removed by the date of termination of this Lease or upon earlier vacating improvements which are part of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality initial improvement of the BuildingDemised Premises which do not require Landlord's consent, or which are made with Landlord's consent (unless the removal requirement is specified by Landlord at the time of initial approval). See Special Stipulation No. 39.

Appears in 2 contracts

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

Alterations. Tenant shall not make any In addition to, and without limitation of the restrictions and limitations on alterations, additions or improvements as set forth in the Master Lease, Subtenant shall not make any improvements, alterations, additions, changes or modifications to the Sublease Premises (other than minor cosmetic alterations that do not affect the Building, the Building structural components, the Building exterior, the Building’s electrical and mechanical and cannot be seen from outside the Sublease Premises) without first obtaining the written consent of Sublandlord and Master Landlord. Sublandlord’s consent to alterations shall not be unreasonably withheld. Sublandlord shall provide its consent or a detailed response as to why such consent is being withheld with respect to Subtenant’s proposed alterations or improvements within ten (10) business days after Subtenant has delivered such request to Sublandlord. Subtenant must obtain the prior written consent of Sublandlord and Master Landlord to all proposed plans, drawings, consultants and contractors prior to performing any such alterations (other than minor cosmetic alterations that do not affect the Building, the Building structural components, the Building exterior, the Building’s electrical and mechanical and cannot be seen from outside the Sublease Premises). Sublandlord hereby approves the Alteration Plans in the form attached hereto as Exhibit C; provided that Subtenant shall obtain Sublandlord’s prior written consent (such consent not to be unreasonably withheld, conditioned or delayed) to any modifications to the Alteration Plans. If any alterations are permitted by Sublandlord and Master Landlord, such alterations shall be performed at Subtenant’s sole cost and expense and in accordance with all of the terms of this Sublease and the Master Lease, and Subtenant shall pay any fees or costs payable to Master Landlord or otherwise incurred in connection therewith. Sublandlord shall bear no cost or expense or liability in connection with any such alterations. Subtenant shall provide Sublandlord with written evidence satisfactory to Sublandlord and/or Master Landlord that all contractors, suppliers and vendors have been paid in full for services related to the Sublease Premises, which shall include, but not be limited to, executed unconditional mechanic’s lien releases complying with California Civil Code Sections 8134 and 8138 from all contractors, suppliers and vendors performing any alterations or improvements in the Sublease Premises. Subtenant shall indemnify, defend and hold harmless Sublandlord and Master Landlord for any claims, damages or liabilities (including attorneys’ fees and legal costs) related to or arising from any liens or encumbrances placed on the Building or Sublease Premises related to Subtenant’s alterations or improvements. If Subtenant fails to timely discharge any liens in the manner and within the timelines prescribed by Section 8(c) of the Master Lease, then Sublandlord may pay the lien claim, and any amounts so paid, including expenses and interest, shall be paid by Subtenant to Sublandlord within ten (10) days after Sublandlord has invoiced Subtenant therefor. Subtenant shall comply in all respects with the Master Lease as it relates to any alteration and/or improvement work. Upon the expiration of the Sublease Term, Subtenant shall remove any improvements or alterations required to be removed by Master Landlord and repair any damage caused by such removal, and otherwise comply with the Master Lease as it relates to surrender/restoration. Further, upon the expiration of the Sublease Term, Subtenant shall remove its personal property and furniture (including, without limitation, the roof furniture conveyed by Sublandlord to Subtenant) and wall penetrations) without the prior written consent of Landlord. If Landlord shall, consent to repair any alterations, additions or improvements proposed damage caused by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality of the Buildingremoval.

Appears in 1 contract

Sources: Sublease (Exar Corp)

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

Appears in 1 contract

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

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises (including, without limitationbut not limited to, the roof and wall penetrations) without the prior written consent of Landlord. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner manner, erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character or structure of the Building Premises or Development improvements and without overloading the floor or damaging such Building the Premises or Developmentimprovements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. Tenant shall not make any alterations, additions or improvements to the Premises which will contravene 11 Landlord's policies insuring against loss or damage by fire or other hazards, including but not limited to commercial general public liability, or which will prevent Landlord from securing such policies in companies acceptable to Landlord. If any such alterations, additions or improvements cause the rate of fire or other insurance on the Premises by companies acceptable to Landlord to be increased beyond the minimum rate from time to time applicable to the Premises for permitted uses thereof, Tenant shall pay as additional rent the amount of any such increase promptly upon demand by Landlord. Any and all alterations, additions, improvements, partitions and fixtures erected by Tenant shall be the property of Landlord and shall remain at the Premises upon termination of the Lease or upon earlier vacating of the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall provided such removal may be removed by the date of termination of this Lease or upon earlier vacating of accomplished without damage to the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises or to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality qualities of the Buildingbuildings and other improvements situated on the Premises. Tenant shall repair any damage to the Premises, or the Building as a result of any alteration, or repair by Tenant, its employees, agents, invitees, or contractors to the Premises.

Appears in 1 contract

Sources: Lease Agreement (Tekelec)

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises premises (including, without limitation, the including but not limited to roof and wall penetrations) without the prior written consent of Landlord. If Landlord shall, which consent to any alterations, additions shall not be unreasonably withheld or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereofdelayed. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery machinery, and other trade fixtures as it may deem advisable, without altering the basic character of the Building building or Development improvements and without overloading the floor or damaging such Building building or Developmentimprovements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this Lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become of property of Landlord as of the date of termination of this Lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with premises. All shelves, bins, machinery and trade fixtures fixtures, installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises premises if required by Landlord; upon any such removal Tenant shall restore the Premises premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality qualities of the Buildingbuildings and other improvements situated on the premises.

Appears in 1 contract

Sources: Lease Agreement (Winston Furniture Co of Alabama Inc)

Alterations. 9.1 Tenant shall not make any alterations, additions or improvements in or to the Premises (includingor any part thereof, or attach any fixtures or equipment thereto, without limitation, the roof and wall penetrations) without the Landlord's prior written consent, which consent of Landlordshall not be unreasonably withheld. If Landlord shallNotwithstanding the preceding sentence, consent to any Tenant may make such alterations, additions or improvements proposed without Landlord's consent only if the total cost of such alterations, additions or improvements is fifty thousand dollars ($50,000) or less and such alterations, additions or improvements will not affect in any way the structural, exterior or roof elements of the Premises or mechanical, electrical, plumbing, utility or life safety systems of the Premises, but Tenant shall give prior written notice of any such alterations, additions or improvements to Landlord. In no event shall Tenant be permitted to install underground storage tanks (excepting a single 20,000 gallon water tank) or fuel systems on the Premises. Landlord's refusal to consent to the installation of an underground tank or fuel system shall be conclusively presumed to be reasonable. All alterations, additions and improvements in or to the Premises to which Landlord consents shall be made by Tenant at Tenant's sole cost and expense as follows: (a) Tenant shall submit to Landlord, for Landlord's written approval, complete plans and specifications for all work to be done by Tenant. Such plans and specifications shall be prepared by the licensed architect(s) and engineer(s), Tenant shall construct the same in accordance comply with all governmental applicable codes, laws, ordinances, rules and regulations regulations, shall not adversely affect the structural elements of the Premises, shall be in a form sufficient to secure the approval of all government authorities with jurisdiction over the Premises, and all requirements of shall be otherwise satisfactory to Landlord in Landlord's reasonable discretion. (b) Landlord shall notify Tenant in writing, within fifteen (15) Business Days after Landlord's receipt of such plans and Tenantspecifications, whether Landlord approves or disapproves such plans and specifications and, if Landlord disapproves such plans and specifications, Landlord shall describe the reasons for disapproval. Tenant may submit to Landlord revised plans and specifications for Landlord's insurance policies prior written approval. Tenant shall pay all costs, including the fees and only expenses of the licensed architect(s) and engineer(s), in accordance with preparing such plans and specifications. (c) All changes in the plans and specifications approved by Landlord shall be subject to Landlord's prior written approval. If Tenant wishes to make any such change in such approved plans and specifications, Tenant shall have such architect(s) and engineer(s) prepare plans and specifications for such change and submit them to Landlord for Landlord's written approval. Landlord shall notify Tenant in writing promptly whether Landlord approves or disapproves such change and, if Landlord disapproves such change, Landlord shall describe the reasons for disapproval. Tenant may submit to Landlord revised plans and specifications for such change for Landlord's written approval. After Landlord's written approval of such change, such change shall become part of the plans and specifications approved by Landlord; . (d) Tenant shall obtain and any contractor or person selected comply with all building permits and other governmental permits and approvals required in connection with the work. Tenant shall, through Tenant's licensed contractor, perform the work substantially in accordance with (i) the plans and specifications approved in writing by Landlord, (ii) the permits obtained by Tenant, and (iii) all applicable codes, laws, ordinances, rules and regulations. Tenant shall pay, as additional rent, the entire cost of all work (including the cost of all utilities, permits, fees, taxes, and property and liability insurance premiums in connection therewith) required to make the same, or, at Landlord's option and discretion, the alterations, additions and improvements. Under no circumstances shall Landlord be liable to Tenant for any damage, loss, cost or improvements expense incurred by Tenant on account of any plans and specifications, contractors or subcontractors, design of any work, construction of any work, or delay in completion of any work. (e) Tenant shall give written notice to Landlord of the date on which construction of any work will be commenced at least ten (10) days prior to such date. Tenant shall keep the Premises free from mechanics', materialmen's and all other liens arising out of any work performed, labor supplied, materials furnished or other obligations incurred by Tenant. Tenant shall promptly and fully pay and discharge all claims on which any such lien could be based or, in the event Tenant reasonably disputes the validity or amount of any such claim, Tenant may bond over such lien to Landlord's reasonable satisfaction. Landlord shall have the right to post and keep posted on the Premises any notices that may be provided by law or which Landlord may deem to be proper for the protection of Landlord and the Premises from such liens, and to take any other action Landlord deems necessary to remove or discharge liens or encumbrances at the expense of Tenant. 9.2 All alterations, additions, fixtures and improvements, whether temporary or permanent in character, made in or to the Premises by Landlord for or Tenant's account and Tenant , shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating become part of the Premises if required by and Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality of the Building.'s property excluding,

Appears in 1 contract

Sources: Purchase Agreement (Icg Funding LLC)

Alterations. Tenant shall not make any alterations, additions alterations or improvements to the Premises (including, without limitation, the including but not limited to roof and wall penetrations) without the prior written consent of Landlord. If Landlord shall, which consent to any alterations, additions may be granted or improvements proposed by Tenant, Tenant shall construct the same denied in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's sole discretion, and Tenant's insurance policies then only by contractors and only in accordance such manner and with plans and specifications such materials as may be approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord in Landlord's option and sole discretion. Notwithstanding the foregoing, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such the Building or Development, and in each case after complying 9 with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the Termination Date or upon earlier vacating of the Premises; provided however, that if Landlord so elects prior to termination of this Lease or upon earlier vacating of the Premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the Termination Date or upon earlier vacating of the Premises and shall be delivered up to the Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease Termination Date if Tenant so elects, and shall be removed by the date of termination of this Lease Termination Date or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure Building. Any such shelves, bins, machinery and trade fixtures or structural quality other property of Tenant which shall remain in the BuildingPremises after the Termination Date, may, at the option of Landlord, be deemed to have been abandoned, and in such case such items may be retained by Landlord, without accountability and in such manner as Landlord shall determine, at Tenant's expense including all costs of selling, disposing, removing and storing such property.

Appears in 1 contract

Sources: Lease (Ecc International Corp)

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises (including, without limitation, the including but not limited to roof and wall penetrations) without the prior written consent of Landlord, which consent shall not be unreasonably withheld. If In the event Landlord shall, consent consents to the making of any such alterations, additions or improvements proposed by Tenant, Tenant shall construct the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all governmental applicable laws, ordinancesordinances and regulations, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at same and all subcontractors must first be approved in writing by Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building building or Development improvements and without overloading the floor or damaging such Building building or Developmentimprovements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this lease or upon earlier vacating of the Premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the Premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the Premises and shall be delivered up to the Landlord with the Premises. Notwithstanding the foregoing sentence, all shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease lease if Tenant so elects, and shall be removed by the date of termination of this Lease lease or upon earlier vacating of the Premises if required by Landlord; upon . Upon any such removal Tenant shall restore the Premises to their original conditioncondition (normal wear and tear excepted). All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality qualities of the Buildingbuilding and other improvements situated on the Premises.

Appears in 1 contract

Sources: Warehouse Lease Agreement (Radiant Systems Inc)

Alterations. A. Tenant shall not make any alterations, additions or improvements to the Premises (including, without limitation, the premises including but not limited to roof and wall penetrations) penetrations without the prior written consent of Landlord. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof(13). Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner make such minor alterations, additions or improvements or erect, remove or alter such partitions, or erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building building or Development improvements and without overloading the floor or damaging such Building building or Developmentimprovements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelvesalterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination or expiration of this lease; provided, however, that if Landlord so elects prior to termination or expiration of this lease, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination or expiration of this lease and shall be delivered up to the Landlord with the premises. All shelves bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination or expiration of this Lease lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality qualities of the Buildingbuildings and other improvements situated on the premises. (14) B. Before commencing any work relating to alterations, additions and improvements affecting the premises, Tenant shall notify Landlord in writing of the expected date of commencement thereof. Landlord shall then have the right at any time and rom time to time to post and maintain on the premises such notices as Landlord deems necessary to protect the premises and Landlord from mechanics' liens, materialmen's liens or any other liens. At any time Tenant either desires or is required to make any repairs, alterations, additions, improvements or utility installations pertaining to the premises, Landlord may require Tenant, at Tenant's sole cost and expense, to obtain and provide to Landlord a lien and completion bond in a form and by a surety acceptable to Landlord in an amount equal to the estimate cost of (15) such improvements, to insure Landlord against liability for mechanics' and materialmen's liens and to insure completion of the work.

Appears in 1 contract

Sources: Lease Agreement (Park Electrochemical Corp)

Alterations. Tenant shall not make any no alterations, additions installations, additions, or improvements to (herein collectively called "Alterations") in, or to, the Demised Premises (includingor the Building, structural or otherwise, without limitationLandlord's prior written consent. Tenant, at its sole cost and expense, must provide Landlord with a copy of the roof full mechanical and wall penetrationselectrical 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, Landlord may correct or remove the same, and Tenant shall be liable for any and all expenses incurred by Landlord in the performance of such work. If 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 times, and in such manner, as Landlord shalldetermines will not unreasonably interfere with the use of the Building by other Tenants and their respective demised premises. All Alterations shall be made only by such contractors or mechanics as are previously approved in waiting by Landlord. Such approval by Landlord shall not be unreasonably withheld or delayed. Approval of contractor(s) or mechanic(s) by Landlord shall be based upon the contractor(s) or mechanic(s) being properly licensed, consent their financial posture, experience, and past job performance. Tenant shall pay prevailing wages to any alterations, additions or all contractor(s) and mechanic(s). Unless stipulated otherwise by the Landlord at the time approval of improvements proposed by Tenantto be made is granted, Tenant shall construct not be required to remove any improvements made to the same in accordance with all governmental lawsPremises. All Alterations to the Demised Premises, ordinanceswhether made by Landlord or Tenant, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, whether at Landlord's option or Tenant's expense, or the joint expense of Landlord and discretionTenant, shall be and remain the property of Landlord. 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 alterationsAlterations made by the Tenant, additions or improvements 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 made by Landlord for at Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own sole cost and expense and in good workmanlike manner erect Tenant shall, at its sole cost and expense, repair any damage to the Demised Premises or the Building caused by such shelvesremoval. In the event Landlord does not so elect, binsand Tenant does not remove Tenant's Property, machinery and other trade fixtures as it may deem advisableshall become property of Landlord. In the event Tenant fails to remove Tenant's property or the Alterations requested to be removed by Landlord, without altering on or before, the basic character expiration of the Building Term or Development and without overloading the floor any extension or damaging such Building or Developmentrenewal thereof, then, and in each case after complying such event, the Landlord may remove Tenant's Property and Alteration from the Demised Premises at Tenant's sole cost and expense, and the Tenant hereby agrees to reimburse the Landlord for the cost and expense of such removal, together with any and all applicable governmental laws, ordinances, regulations damages which the Landlord may suffer and other requirementssustain by reason of the failure of Tenant to remove the same. All shelves, bins, machinery and trade fixtures installed Tenant further acknowledges that any violation of the foregoing requirement by Tenant may will jeopardize Landlord's bond financing for the Building project of which the Demised Premises is a part and could likely cause Landlord to suffer and incur substantial monetary damage or injury for which Tenant would be removed by Tenant prior to the termination of this Lease if Tenant so elects, solely and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality of the Buildingexclusively liable.

Appears in 1 contract

Sources: Lease (Startec Global Communications Corp)

Alterations. (a) Tenant shall not make any alterations, additions or improvements to the Premises except for minor decorative changes (including, without limitationbut not limited to, the roof and wall penetrations) without the prior written consent of Landlord. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same which may be withheld in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and reasonable discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner manner, make non-structural changes including erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character or structure of the Building Premises or Development improvements and without overloading the floor or damaging such Building the Premises or Developmentimprovements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. Tenant shall not make any alterations, additions or improvements to the Premises which will contravene Landlord's policies insuring against loss or damage by fire or other hazards, including but not limited to commercial general liability, or which will prevent Landlord from securing such policies in companies acceptable to Landlord. If any such alterations, additions or improvements cause the rate of fire or other insurance on the Premises by companies acceptable to Landlord to be increased beyond the minimum rate from time to time applicable to the Premises for permitted uses thereof, Tenant shall pay as additional rent the amount of any such increase promptly upon demand by Landlord. (b) Any and all alterations, additions, improvements, partitions and fixtures erected by Tenant shall be the property of Landlord and shall remain at the Premises upon termination of the Lease or upon earlier vacating of the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall provided such removal may be removed by the date of termination of this Lease or upon earlier vacating of accomplished without damage to the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises or to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality qualities of the BuildingBuilding and other improvements situated on the Premises. Tenant shall repair any damage to the Premises, or to the Building as a result of any alteration, addition, improvement, or repair to the Premises, or the removal of personal property or trade fixtures by Tenant, its employees, agents, invitees, or contractors to the Premises. Should Tenant fail to conduct any such repair within ten days of written notice from Landlord, Landlord may, at its option, perform same, and Tenant shall remit payment to Landlord for the actual cost and expense incurred by Landlord in effecting such repair immediately upon demand.

Appears in 1 contract

Sources: Lease Agreement (Engage Technologies Inc)

Alterations. Tenant During the Term, Sublessee shall not make or suffer to be made any alterations, additions additions, or improvements to the Subleased Premises (including, or any part thereof without limitation, complying with the roof provisions of the Master Lease and wall penetrations) without obtaining the prior written consent of Sublessor and Landlord. If , which consent shall not be unreasonably withheld by Sublessor; provided, in the event that Landlord shall, does not give its consent to any such a request, Sublessee acknowledges and agrees that it shall be reasonable for Sublessor to withhold its consent to such a request. In the event that Landlord provides its consent to such alterations, additions additions, or improvements proposed by Tenantto the Subleased Premises, Tenant Sublessor acknowledges and agrees that it shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant be reasonable for Sublessor to make the same, or, at Landlord's option and discretion, the provide its consent to such alterations, additions additions, or improvements provided that if such alterations, additions, or improvements increase Sublessor’s financial obligations under the Master Lease, Sublessee shall be made responsible for any additional costs associated with such. Sublessee acknowledges and agrees that in the event it does make any improvement(s) to the Subleased Premises which are not approved in writing by Sublessor and Landlord for Tenant's account and Tenant prior to the installation or construction of such improvement(s), or in which at the time of said improvement(s) Sublessor or Master Landlord provides notice that such improvement(s) shall fully reimburse Landlord for the entire cost thereof. Tenant mayneed to be removed/restored, without the consent of Landlord, but Sublessee shall be required to remove such improvement(s) at its own Sublessee’s sole cost and expense and in good workmanlike manner erect repair all damage caused by the installation or removal of such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant improvements prior to the termination expiration of the Term of this Lease if Tenant so electsSublease unless Landlord expressly waives in writing this requirement. All improvements or alterations must be performed in conformance with the Lease. In addition, Sublessee shall be responsible for any separately metered electric service or maintenance fees charged by Landlord to Sublessor as a result of such alterations and shall be removed responsible for any Alterations or Construction Management fee charged by Landlord under the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality of the BuildingMaster Lease.

Appears in 1 contract

Sources: Sublease Agreement (CS Disco, Inc.)

Alterations. (a) Tenant shall not make or allow any alterations, additions additions, or improvements to the Premises or any part of the Premises (includingcollectively, "Alterations"), without limitation, the roof and wall penetrations) without the prior written consent of Landlord. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's prior consent, which shall not be unreasonably withheld. Consent, however, may be conditioned upon the receipt by, and Tenant's insurance policies and only in accordance with approval of, Landlord of a set of plans and specifications approved for the alterations no later than thirty (30) days prior to the scheduled construction of the alterations as well as the use by Tenant of a contractor or contractors acceptable to Landlord; . The installation of furnishings, fixtures, equipment, or decorative improvements, none of which shall affect operating systems or the structure of the Premises shall not constitute "Alterations." All Alterations and any contractor furnishings, fixtures, equipment, or person selected by Tenant to make decorative improvements remaining on the same, orPremises after the termination or earlier expiration of this Lease shall immediately become Landlord's property and, at Landlord's option and discretionthe termination or earlier expiration of this Lease, shall remain on the alterationsPremises without compensation to Tenant. Tenant agrees upon notice ▇▇▇▇ Landlord to remove, additions or improvements shall be made by Landlord for at Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own sole cost and expense expense, any and in good workmanlike manner erect such shelvesall Alterations, binsfurnishings, machinery fixtures, equipment, or decorative improvements (other than floors, walls, suspended ceilings and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures structural walls) installed by Tenant may be removed by or on behalf of Tenant prior to the termination or earlier expiration of this Lease Lease. In the event that Landlord requires Tenant to remove any such Alterations, furnishings, fixtures, equipment, or decorative improvements and Tenant fails to cause such removal on or prior to the termination or other earlier expiration of this Lease, such failure shall be deemed a holdover under Section 13(b) of this Lease, and in addition to any other damages owing Landlord under this Section, Tenant shall owe Holdover Rent (as hereinafter defined) for each and every day of such failure. All improvements, additions, alterations, and repairs and the removal and restoration thereof, if required under this Lease, shall be performed in accordance with all applicable laws and at Tenant's sole expense. Tenant will indemnify and ▇▇▇▇▇d Landlord for all liens, claims, or damages caused by remodeling, improvements, additions, alterations, and repairs and the removal and restoration thereof, if required under this Lease. Landlord agrees, when req▇▇▇▇▇▇ ▇y Tenant, to execute and de▇▇▇▇▇ any applications, consents, or other instruments reasonably required to permit Tenant to do this work or to obtain permits for the work. (b) Before any contract or subcontract is let or other agreement executed for the performance of any service, or the furnishing of any materials, and before any work of any kind or nature is commenced upon the construction of Alterations, Tenant will procure and deliver to Landlord a completion bond and a payment bond, both in form and substance satisfactory to Landlord issued by reputable surety corporations or bonding corporations qualified to do business in California, guaranteeing or otherwise assuring Landlord that the construction of the Alterations will proceed to completion with due diligence, that the reconstruction, when completed, will be fully paid for, and that the Premises will remain free of all mechanics', laborers' or materialmen's liens or claimed liens on account of any services or materials furnished or labor or work performed in connection with the construction of the Alterations. (c) At least ten (10) days before any construction commences or materials are delivered for any alterations that Tenant is making to the Premises, whether or not Landlord's consent is required, Tenant shall give written notice to Landlord as to when the construction is to commence or the materials are to be delivered. Landlord shall then have the right to post and maintain on the Premises any notices that are required to protect Landlord and Landlord's interest in th▇ ▇▇▇▇▇▇es from any liens for work and labor performed or materials furnished in making the alterations; provided, however, that it shall be Tenant's duty to keep the Premises free and clear of all liens, claims, and demands for work performed, materials furnished, or operations conducted on the Premises by or on behalf of Tenant. In the event that Tenant fails to provide Landlord with the notice required by this Section 11(b), Landlord shall have the right to cause the cessation of such construction and shall have the further right to file notices of cessation and/or completion, so electsas to allow the Premises to be protected from mechanic's liens. Tenant hereby irrevocably appoints Landlord its attorney-in-fact which appointment is coupled with an interest to cause such cessation and to file such notices. (d) Tenant will not at any time permit any mechanics', laborers', or materialmen's liens to stand against the Premises for any labor or material furnished to Tenant or claimed to have been furnished to Tenant or Tenant's agents, contractors, or subtenants, in connection with work of any character performed or claimed to have been performed on the Premises by or at the direction or sufferance of Tenant; provided, however, that Tenant shall have the right to contest the validity or amount of any lien or claimed lien, upon giving to Landlord a bond assuring that the lien or claimed lien will be paid, when and to the extent that the lien is finally determined to be valid and owing. On final determination of the lien or claim of lien, Tenant will immediately p▇▇ ▇▇▇ final judgment rendered, with all property costs and charges, and shall have the lien released or judgment satisfied at Tenant's sole expense. If ▇▇▇▇▇t fails to pay the judgment promptly or otherwise fails to prevent any sale, foreclosure, or forfeiture of the Premises because of a lien, Landlord shall have the right, upon five (5) days' written notice to Tenant, to pay or prevent this action, and the amount paid by Landlord shall be removed immediately due and payable to Landlord, and shall bear interest at the lesser of ten percent (10%) per annum or the highest rate allowed by law from the date of termination of this Lease or upon earlier vacating of the Premises if required payment by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality of the BuildingLandlord until repayment by Tenant.

Appears in 1 contract

Sources: Office Lease (Regan Holding Corp)

Alterations. Landlord hereby consents to the design and construction of the Tenant Improvements, on the terms and subject to the conditions of EXHIBIT C. Tenant shall not make or permit any alterationsAlterations in, additions on or improvements to about the Premises (including, without limitation, the roof and wall penetrations) without the prior written consent of Landlord. If Landlord shall, consent and according to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved in writing by Landlord; , which consent and any contractor approval shall not be unreasonably withheld, conditioned or person selected by Tenant to make the same, ordelayed. Landlord, at its sole option, may, however, require as a condition to the granting of any such consent, that Tenant provide to Landlord's option , at Tenant’s sole cost and discretionexpense, a lien and completion bond in an amount equal to one and one‑half (1½) times any and all estimated costs of any intended Alterations to the Premises, to insure Landlord against any liability for mechanics’ and materialmens’ liens and to insure completion of the work. Tenant shall, at its sole cost and expense, obtain all necessary permits and governmental inspections and approvals required in connection with any Alterations. All Alterations shall be installed at Tenant’s sole expense, in compliance with all Applicable Law, the alterationsRules and Regulations and the CC&Rs, additions or improvements by a licensed contractor reasonably acceptable to Landlord, shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished done in a good and workmanlike manner so conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of the Project. In the event that any Alteration made by Tenant necessitates the making of other alterations to damage the primary structure interior or structural quality exterior of the Building, the Outside Area, any path‑of‑travel or elsewhere within the Project for purposes of complying with Applicable Law, Tenant shall undertake such additional alterations at its sole cost and expense or shall, at Landlord’s option, reimburse Landlord for the cost and expenses incurred with respect to such additional alterations required for purposes of complying with Applicable Law as a result of Tenant’s Alterations. All Alterations made by Tenant shall be and become the property of Landlord upon termination of the Term and shall not be deemed Tenant’s Personal Property; provided, however, that Landlord may, at its option, at the time that Landlord grants consent therefor, require that Tenant, at Tenant’s expense, prior to the expiration of the Term of this Lease, remove any or all Alterations installed by Tenant and return the Premises to their condition as of the Commencement Date of this Lease, normal wear and tear excepted and subject to the provisions of Paragraph 25. Notwithstanding any other provisions of this Lease, Tenant shall be solely responsible for the maintenance and repair of any and all Alterations made to the Premises. Tenant shall give Landlord written notice of Tenant’s intention to perform any work on the Premises at least twenty (20) days prior to the commencement of such work to enable Landlord to post and record an appropriate Notice of Nonresponsibility or other notice deemed proper before the commencement of any such work.

Appears in 1 contract

Sources: Office Lease Agreement (Corcept Therapeutics Inc)

Alterations. SECTION 17.1 Tenant shall not make any alterations, additions structural or exterior alterations or improvements to the Demised Premises (includingwithout in each instance first obtaining Landlord's written consent. Tenant shall have the right, at any time from time to time, without limitationLandlord's consent, to paint the interior of Demised Premises or any part of parts thereof, and to make any non-structural alterations, improvements or installations in, to or upon the interior of Demised Premises; provided, however, that; (i) Tenant shall have the right to make alterations or improvements to the storefront of the Demised Premises only with Landlord's consent, which shall not be unreasonably withheld, provided that the alteration or improvement is consistent with the appearance of the balance of the Shopping Center; and (ii) No alteration, improvement, installation or addition made by Tenant shall endanger or impair the structure of, or decrease the value, utility or cubic area of, the roof and wall penetrations) without the prior written consent of Landlord. If Landlord shall, consent to any Demised Premises. SECTION 17.2 All alterations, additions improvements or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor installation made or person selected doe by Tenant in, on or to make the same, or, at Landlord's option and discretion, the alterations, additions Demised Premises or improvements any parts or facilities thereof shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished done in a good and workmanlike manner so and in conformity with all statutes, ordinances, rules, regulations and requirements of public authorities and insurance inspection and rating bureaus having jurisdiction, and with all necessary governmental permits or authorities. SECTION 17.3 Any and all alterations, improvements or installations made in , to or upon the Demised Premises by Tenant or Landlord (but not Tenant's furniture, lighting fixtures, trade fixtures and movable trade equipment, counters and shelving or signs installed by Tenant) shall, except as not to damage hereinafter provided, be surrendered with the primary structure Demised Premises as part thereof at the expiration or structural quality other termination of the Buildingterm of this Lease. Tenant shall remove any such alterations, improvements or installations if Landlord shall require such removal by notice to Tenant at least 60 days prior to the Expiration Date. Tenant shall, upon the Expiration Date or sooner termination of this Lease, remove its said furniture, trade fixtures and trade equipment, counters, shelving, racking and signs, and Tenant shall have the right, at its option, to remove any such alterations, improvements, installations or interior additions from the Demised Premises upon the expiration or other termination (for reasons other than Tenant's default) of the term of this Lease, and, in such event, Tenant shall repair any and all damage to the Demised Premises caused by such removal and restore the Demised Premises to their condition prior to the making of the alterations, improvement or installation being removed, with the exception of floors. SECTION 17.4 Tenant agrees to indemnify and save harmless Landlord against and from any and all claims for injury, loss or damage to person or property caused by or resulting from the work in connection with any alterations, improvements, installations or additions in, to or upon the Demised Premises made by Tenant or by anyone claiming under Tenant.

Appears in 1 contract

Sources: Assignment, Assumption, Consent to Assignment and Amendment of Lease (Clearview Cinema Group Inc)

Alterations. Tenant shall not make any alterations, additions or After construction of the Building by Landlord and completion of fixtures and interior improvements to the Premises (including, without limitation, the roof and wall penetrations) without the prior written consent of Landlord. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct not make alterations in or additions to the same Building unless Tenant has obtained Landlord's written permission to do so, and subject to Tenant's not being in accordance default hereunder and subject to furnishing Landlord with acceptable plans and specifications, the names and addresses of contractors, copies of contracts, necessary permits and indemnifications as requested by the Landlord and lien waivers as to any and all claims, costs, liabilities, and expenses which may arise in connection with said alterations or additions. As a further condition to Landlord's consent to said alterations or additions, Tenant shall advise all subcontractors, suppliers, materialmen, and laborers that they shall not have the right to file a Mechanic's Lien against the Building and property owned by the Landlord. Whether the Tenant furnished the Landlord the foregoing or not, the Tenant hereby agrees to hold the Landlord harmless from any and all liabilities of every kind and description which may arise out of or be conducted in any way with said alterations or additions. Before commencing any work in connection with alterations or additions, the Tenant, if requested by Landlord, shall furnish the Landlord with certificates of insurance from all contractors performing labor or furnishing materials insuring the Landlord against any and all liabilities which may arise out of or be connected in any way with said additions or alterations. The Tenant shall pay the cost of all such alterations and additions and also the cost of decorating the Building occasioned by such alterations and additions. Upon completing any alterations or additions, the Tenant, if requested by Landlord, shall furnish the Landlord with contractors' affidavits and full and final waiver of lien and receipted bills covering all labor and material expended and used. All alterations and additions shall comply with all governmental insurance requirements and with all relevant laws, ordinances, rules or regulations of municipalities, counties, state, or departments and regulations agencies thereof. All alterations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished constructed in a good and workmanlike manner so as and only good grades of materials shall be used. All additions, excepting removable fixtures other than light fixtures, shall become the Landlord's property and shall remain upon the Building at the termination of this Lease by lapse of time or otherwise without compensation or allowance or credit to the Tenant. If the Tenant does not remove the Tenant's fixed furniture, equipment, machinery, fixtures, and all other items of personal property of every kind and description from the Building prior to damage the primary structure or structural quality end of the Buildingterm, however ended, which the Tenant does not have the right to remove if it is in default hereunder, then Tenant shall conclusively presumed to have conveyed the same to the Landlord under this Lease as a bill ▇▇ sale without further payment or credit by Landlord to the Tenant. All structural changes made by Tenant shall be restored to their original condition at the Tenant's expense if Landlord so requests. Tenant's violation of any of the terms and conditions of this numbered paragraph 13 shall constitute a default hereunder.

Appears in 1 contract

Sources: Three Party Agreement (Urosurge Inc)

Alterations. (a) The original improvement of the Premises shall be in accordance with Tenant's plans and specifications approved by Landlord. Tenant shall not make or permit anyone to make any interior alterations, decorations, additions or improvements to the Premises (including, without limitation, the roof and wall penetrations) without the prior written consent of Landlord, which consent Landlord may not unreasonably withhold. If In no event shall any structural or exterior repair change or modification to the Building, the Premises, or the heating, electrical or plumbing services be made by Tenant or employees or agents of Tenant without Landlord's prior written consent, which Landlord shallmay withhold in its sole and absolute discretion. Any approved repairs, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterationsdecorations, additions or improvements shall be made by Landlord for Tenant's account licensed contractors and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of mechanics approved by Landlord, but at its own cost in accordance with the applicable laws and expense ordinances of any public authority having jurisdiction over the Building and in good workmanlike manner erect with the building code and zoning regulations of any such shelves, bins, machinery authority and other trade fixtures as it may deem advisable, without altering with any rules and regulations established from time to time by the basic character Underwriters Association of the Building local area. (b) All alterations, improvements, additions or Development and without overloading fixtures whether installed after the floor or damaging such Building or Developmentexecution of this Lease, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to shall remain upon the Premises at the termination of this Lease if Tenant so electsand upon such termination shall become the property of Landlord, and shall be removed by unless Landlord shall, no later than ten (10) days after the date of termination of this Lease or upon earlier vacating of Lease, have given written notice to Tenant to remove the Premises if required by Landlord; upon any same, in which event Tenant will remove such removal Tenant shall alterations, improvements and additions and restore the Premises -- in the same good order and condition in which they were prior to their original conditionthe installation of such alterations, improvements, additions or fixtures. Should Tenant fail to do so, Landlord may do so, collecting, at Landlord's option, the reasonable cost and expense thereof from Tenant as additional rent. (c) In making any approved alterations, additions or improvements, Tenant shall promptly pay all contractors, materialmen and laborers, so as to minimize the possibility of a lien attaching to the Building, or attaching to any portion of the real property on which said Building is located. Should any such lien be made or suit be filed therefor, Tenant shall bond against or discharge the same within ten (10) days after the said filing of suit. (d) Tenant will defend, indemnify and hold Landlord harmless from and against, any and all expenses, liens, claims or damages, including attorneys' fees, to person or property which may or might arise, directly or indirectly, by reason of the making of any repairs, alterations, decorations, additions or improvements by Tenant, including without limitation, the installation or operation of equipment or machinery requiring Landlord's consent under subparagraph (d) of this Section 9. If any repair, alteration, decoration, addition, installation or improvement is effected without the prior written consent of Landlord, Landlord may remove or correct the same and Tenant shall be liable for any and all reasonable expenses of this work. All such removals and restoration rights given to Landlord herein shall be accomplished in a good and workmanlike manner so as not addition to damage the primary structure any other right or structural quality remedy of the BuildingLandlord contained in this Lease.

Appears in 1 contract

Sources: Lease (Best Software Inc)

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises premises (including, without limitation, the including but not limited to roof and wall penetrationspenetration) without the prior written consent of Landlord. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building building or Development improvements and without overloading the floor or damaging such Building building or Developmentimprovements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease lease if Tenant so elects, and shall be removed by the date of termination of this Lease lease or upon earlier vacating of the Premises premises if required by Landlord; upon any such removal Tenant shall restore the Premises premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality qualities of the Buildingbuildings and other improvements situated on the premises.

Appears in 1 contract

Sources: Lease Agreement (Glacier Corp)

Alterations. Tenant shall not make or suffer to be made any alterations, additions additions, or improvements in, on, or to the Premises (including, without limitation, the roof and wall penetrations) or any part thereof without the prior written consent of Landlord. If Landlord shall, which consent to any shall not be unreasonably withheld or delayed unless such alteration, addition or improvements affects the structural components of the Building or the roof of the Building, or are visible from the exterior of the Premises, and no such alterations, additions or improvements proposed shall be made without the supervision of Landlord's designated agent or representative. In the event Landlord consents to the making of any such alterations, additions, or improvements by Tenant, Tenant shall construct the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all governmental applicable laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only policies. All work shall be performed in accordance with plans and specifications approved by Landlord; , and any each contractor and subcontractor must first be approved in writing by Landlord (which approval shall not be unreasonably withheld or person selected by Tenant to make delayed), or if such work affects the same, orstructural components or the roof of the Building or are visible from the exterior of the Premises, at Landlord's option and discretionoption, the alterationsalteration, additions addition or improvements improvement shall be made by Landlord for Tenant's account account, and Tenant shall fully reimburse Landlord for the entire cost thereofthereof upon demand. Tenant mayagrees that, except, for the initial tenant improvements constructed in the Premises, Landlord shall have the right to charge a fee for any and all construction supervision provided by Landlord's designated agents or representatives in connection with any alterations, additions, or improvements to the Premises by Tenant. Such fee, at Landlord's option, shall be either a fixed fee or a fee calculated on an hourly basis, considering the time expended by Landlord's agents or representatives in supervising Tenant's construction. Notwithstanding the foregoing, Tenant may repaint and recarpet the Premises, and perform other similar decorating alterations without the consent prior approval of Landlord, but after giving Landlord at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant least five (5) days prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality of the Buildingnotice.

Appears in 1 contract

Sources: Office Lease Agreement (Eltrax Systems Inc)

Alterations. (a) Tenant shall not (i) create any openings in the roof or exterior walls, or floors or which are visible from the exterior of the Demised Premises (ii) make any structural alterations or additions to the Demised Premises, or (iii) make any changes, modifications or additions that would have a material adverse effect on any Building system or (iv) which costs, together with any other alterations or additions or modifications reasonably included within the same scope of work, more than $50,000, without in each case the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed with respect to clause (iv) hereof, but otherwise may be given or withheld in Landlord’s sole and absolute discretion. (b) Tenant shall have the right to make any other type of alteration to the Demised Premises without Landlord’s consent provided Tenant gives Landlord at least ten (10) days prior written notice of any alterations the cost of which exceeds $10,000. Without limitation, for purposes of this Lease, the erection, installation or relocation of non-load-bearing walls, doors, cabinets, shelves, electrical outlets, machinery, air conditioning or heating equipment and trade fixtures and other equipment will be deemed non structural alterations. Landlord shall not make any alterations to the Demised Premises without Tenant’s prior written consent in Tenant’s reasonable discretion. (c) Notwithstanding the ownership of the alterations, additions or improvements to the Premises Premises, Tenant retains the right during the Term to depreciate all such alterations, additions or improvements made at Tenant’s expense. (d) Tenant, in connection with any Alteration, shall comply with Landlord’s Rules and Regulations attached to this Lease, as such Rules and Regulations may be amended from time to time in a manner that does not affect Tenant’s rights hereunder other than to a de minimis extent. Tenant shall not proceed with any Alteration for which plans or specifications are customarily prepared unless and until Landlord approves Tenant’s plans and specifications therefor. Any review or approval by Landlord of plans and specifications with respect to any Alteration is solely for Landlord’s benefit, and without any representation or warranty to Tenant with respect to the adequacy, correctness or efficiency thereof, its compliance with Laws (as hereafter defined) or otherwise. All plans and specifications to be approved by Landlord shall be on auto CAD or other method of presentation reasonably selected by Landlord and shall show, among other things, the exact location of all proposed conduits, wires and cabling, all of which shall be properly labeled. Landlord will either approve or disapprove Tenant’s request of Alterations within fifteen (15) days after submittal of Tenant’s request. If Landlord fails to approve or disapprove such request within such 15-day period, Tenant may submit a second request to Landlord seeking Landlord’s approval. If such second request contains a legend, in bold face type, substantially as follows: “Approval is hereby sought; failure to respond within five (5) days from the date of receipt will signify your deemed approval,” the Landlord’s failure to respond within such 5-day period shall be deemed Landlord’s approval of the proposed alteration. (e) Tenant shall pay to Landlord upon demand Landlord’s reasonable third party costs and expenses (including, without limitation, the roof fees of any architect or engineer employed by Landlord or any superior lessor or superior mortgagee for such purpose) for reviewing plans and wall penetrationsspecifications and inspecting Alterations, not to exceed in the aggregate $1500 for any group of Alterations being done at the same time. (f) without the prior written consent of Landlord. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct obtain (and furnish copies to Landlord of) all necessary governmental permits and certificates for the same commencement and prosecution of Alterations and for final approval thereof upon completion, and shall cause Alterations to be performed in accordance compliance therewith, and in compliance with all governmental lawsLaws and, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with the plans and specifications approved by Landlord; . Landlord will cooperate with Tenant (at no material cost to Landlord) in obtaining approvals and any contractor or person selected governmental permits required by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements this Section. Alterations shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished diligently performed in a good and workmanlike manner so worker-like manner, using materials and equipment at least equal in quality and class to those in the Occupied Premises as not to damage the primary structure or structural quality of the Buildingcompletion of Initial Tenant Work. All Alterations for which Landlord’s approval is necessary shall be performed by properly licensed architects, engineers and contractors first approved by Landlord (which approval shall not be unreasonably withheld or delayed), provided that Landlord shall be entitled to designate one contractor for work on life safety systems. A list of architects, engineers and contractors that are pre-approved by Landlord is attached hereto as Exhibit I. (g) Throughout the performance of Alterations, Tenant shall carry worker’s compensation insurance or a self-insurance program permitted by law, subject to the requirements under Section 7.04, in statutory limits, “all risk” Builders Risk coverage [in the amount of the cost of improvement] and general liability insurance, with completed operation endorsement, for any occurrence in or about the Project, under which Landlord and its agent and any superior lessor and superior mortgagee whose name and address have been furnished to Tenant shall be named as parties insured, in such limits as Landlord may reasonably require, with insurers reasonably satisfactory to Landlord. Tenant shall furnish Landlord with evidence that such insurance is in effect at or before the commencement of Alterations and, on request, at reasonable intervals thereafter during the continuance of Alterations. (h) Should any mechanics’ or other liens be filed against any portion of the Project by reason of the acts or omissions of, or because of a claim against, Tenant or anyone claiming under or through Tenant, Tenant shall cause the same to be canceled or record a bond in compliance with the Texas Property Code within 30 days after notice. If Tenant shall fail to cancel or discharge or bond said lien or liens within said 30 day period, Landlord may cancel or discharge the same and, upon Landlord’s demand, Tenant shall reimburse Landlord for all costs incurred in canceling or discharging such liens, together with interest thereon at the Interest Rate from the date incurred by Landlord to the date of payment by Tenant, such reimbursement to be made within thirty (30) Business Days after receipt by Tenant of a written statement from Landlord as to the amount of such costs. Tenant shall indemnify and hold Landlord harmless from and against all costs (including, without limitation, attorneys’ fees and disbursements and costs of suit), losses, liabilities or causes of action arising out of or relating to any Alteration, including, without limitation, any mechanics’ or other liens asserted in connection with such Alteration. (i) Tenant shall deliver to Landlord, within 30 days after the completion of an Alteration, “as-built” drawings thereof. During the Term, Tenant shall keep records of all Alterations including plans and specifications, copies of contracts, invoices, evidence of payment and all other records customarily maintained in the real estate business relating to Alterations and the cost thereof and shall, within 30 days after demand by Landlord, furnish to Landlord copies of such records.

Appears in 1 contract

Sources: Lease (El Paso Electric Co /Tx/)

Alterations. Tenant shall not make or allow to be made any material alterations, additions or improvements to the Premises (includingdefined as alterations, additions or improvements costing in excess of $5,000.00), or alterations, additions or improvements which affect the structural or mechanical systems of the Building, either at the inception of the Lease or subsequently during the Term, without limitation, the roof and wall penetrations) without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld. If Tenant shall deliver to Landlord shallthe contractor's name, consent references and state license number, as well as full and complete plans and specifications of all such alterations, additions or improvements, and any subsequent modifications or additions to such plans and specifications, and no proposed work shall be commenced or continued by Tenant until Landlord has received and given its written approval of each of the foregoing. Landlord shall either approve or disapprove any proposed alteration, addition or improvement on or before fifteen (15) days following receipt of all of the foregoing items. Landlord does not expressly or implicitly covenant or warrant that any plans or specifications submitted by Tenant are accurate, safe or sufficient or that the same comply with any applicable laws, ordinances, building codes, or the like. Further, Tenant shall indemnify and hold Landlord and the Building harmless from any loss, cost or expense, including attorneys' fees and costs, incurred by Landlord as a result of any defects in design, materials or workmanship resulting from Tenant's alterations, additions or improvements proposed by Tenant, Tenant shall construct to the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the Premises. All alterations, additions or improvements shall be made remain the property of Tenant until termination of the Lease, at which time they shall, unless otherwise elected by Landlord for by written notice to Tenant's account , be and Tenant shall fully reimburse Landlord for become the entire cost thereof. Tenant may, without the consent property of Landlord. Landlord shall, but at its own cost and expense and in good workmanlike manner erect the time Tenant seeks Landlord's approval of any such shelvesalterations, binsadditions or improvements, machinery and notify Tenant whether Landlord will, at the expiration or earlier termination of this Lease, require Tenant to remove any partitions, counters, railings and/or other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures improvements installed by Tenant may be removed during the Term. Tenant shall repair all damage resulting from such removal or, at Landlord's option, shall pay to Landlord all costs arising from such removal. All repairs, alterations, additions and restorations by Tenant prior to the termination of this Lease if Tenant so elects, and hereinafter required or permitted shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished done in a good and workmanlike manner so as not to damage the primary structure and in compliance with all applicable laws and ordinances, building codes, by-laws, regulations and orders of any federal, state, county, municipal or structural quality other public authority and of the Buildinginsurers of the Premises. If required by Landlord, Tenant shall secure at Tenant's own cost and expense a completion and lien indemnity bond or other adequate security in form and substance reasonably satisfactory to Landlord. Tenant shall reimburse Landlord for Landlord's reasonable charges (including any professional fees incurred by Landlord and a reasonable administrative fee as established by Landlord from time to time) for reviewing and approving or disapproving plans and specifications for any proposed alterations.

Appears in 1 contract

Sources: Lease Agreement (Data Critical Corp)

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises (includingor penetrate any roof or exterior demising wall, without limitationor install any antenna, the roof and wall penetrations) satellite dish, or any exterior structure, without the prior written consent of Landlord, not to be unreasonably withheld. If Landlord shall, consent Any interior work to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make Premises will also require the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the prior written consent of Landlord, but at its own cost and expense and unless work done is strictly aesthetic in good workmanlike manner erect such shelvesnature, binsi.e. painting, machinery and other trade fixtures as it may deem advisablepicture hanging, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Developmentetc. Alterations, additions, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed improvements erected by Tenant may shall be removed by and remain the property of Tenant prior to during the termination term of this Lease if and Tenant so electsshall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and shall be removed partitions erected by Tenant and restore the Premises to their original condition upon Commencement Date by the date of termination of this Lease or upon earlier vacating of the Premises; provided however, that if Landlord so elects prior to termination of this Lease or upon earlier vacating of the Premises, such alterations, additions, and improvements shall become the property of the Landlord as of the date of termination of the Lease or upon earlier vacating of the Premises, and shall be delivered up to the Landlord with the Premises. However, any and all non-structural alterations to the Premises if required per this Section 6 of the Lease are the sole property of the Tenant. . Tenant, at its own cost and expense, may erect such shelves, bins, machinery and trade fixtures as it desires provided that (a) such items do not alter the basic character of the Premises or the building and/or improvements of which the Premises are a part; (b) such items do not overload or damage the same; (c) such items may be removed without injury to the Premises; and (d) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and with Landlord’s specifications and requirements. All shelves, bins, machinery, and trade fixtures installed by Landlord; upon any such removal Tenant shall be removed on or before the earlier to occur of the date of termination of this Lease or vacating the Premises, at which time Tenant shall restore the Premises to their original conditioncondition upon Commencement Date. All such alterations, installations, removals and restoration shall be accomplished performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural quality qualities of the Buildingbuildings and other improvements situated on the Premises or of which the Premises are a part.

Appears in 1 contract

Sources: Lease Agreement (Cryo Cell International Inc)

Alterations. Tenant Any alterations, additions or improvements permitted herein except as otherwise provided in Section1 and the Workletter shall not be made at the expense of the Lessee. The Lessee agrees that it will make any no alterations, additions or improvements to the Leased Premises (including, without limitation, the roof and wall penetrations) without the prior written consent of Landlordthe Lessor. If Landlord shall, consent to any All alterations, additions additions, improvements, cabinetry or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor other fixtures made or person selected by Tenant attached to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development the Leased Premises by and without overloading for the floor Lessee, including but not limited to, any and all subdividing partitions, walls or damaging such Building railings of whatever type, material or Developmentheight (but excepting movable office furniture and equipment and modular cabinetry paid for by Lessee and not permanently attached to the Building, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant which may be removed by Tenant prior to the Lessee at the end of the term of this Lease, if such termination is not the result of Lessee default hereunder) shall be the property of the Lessor and shall remain upon and be surrendered with the Leased Premises as a part thereof at the expiration or earlier termination of this Lease if Tenant Lease. The Lessor, however, reserves the right to require the Lessee to remove any paneling, decorations, partitions, walls or railings, floor coverings, booths, or fixtures installed by or at the request of the Lessee, by giving notice of such election to the Lessee at any time prior to, or not later than ten (10) days after the expiration or earlier termination of the Lease; in which event the Lessee, at the Lessee’s sole cost and expense, shall remove the property so elects, and shall be removed by specified on or before the date of expiration or earlier termination of this Lease or upon earlier vacating a date five (5) days after the receiving of such notice, whichever shall be the Premises if required by Landlord; upon any such removal Tenant later, and shall promptly restore the Leased Premises to their original condition. All such removals , reasonable wear and tear excepted; if Lessee fails to perform the necessary restorations within ten days after removing the property, or if Lessee is in default under this Lease, Lessor may undertake the restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality of the BuildingLeased Premises to their original condition after the removal of the specified property, in which event Lessee shall promptly reimburse Lessor for the cost of such restoration.

Appears in 1 contract

Sources: Lease (BNC Bancorp)

Alterations. Except for the Tenant shall Improvements, Tenant will not make any alterations, additions or improvements to the Premises (including, without limitationbut not limited to, the roof and wall penetrations) penetrations without the prior written consent of Landlord. If Landlord shall(not to be unreasonably withheld, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereofdelayed). Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner manner, erect such shelves, bins, machinery machinery, movable lab benches, equipment, trade fixtures (defined as any fixtures used by Tenant in its specific business and not paid for by Landlord) and other trade fixtures non-structural interior improvements as it may deem advisable, without altering the basic character or structure of the Building Premises or Development improvements and without overloading the floor or damaging such Building the Premises or DevelopmentBuilding, and in each case after complying with all Applicable Laws. Tenant will not make any alterations, additions or improvements to the Premises which will contravene Landlord’s policies insuring against loss or damage by fire or other hazards, including but not limited to commercial general liability, or which will prevent Landlord from securing such policies in companies reasonably acceptable to Landlord. If any such alterations, additions or improvements cause the rate of fire or other insurance on the Premises by companies acceptable to Landlord to be increased beyond the minimum rate from time to time applicable governmental lawsto the Premises for permitted uses thereof (as reasonably documented by Landlord), ordinancesTenant will pay as Additional Rent the amount of any such increase promptly upon demand by Landlord. Within thirty (30) days receipt of reasonable documentation from Landlord following the completion of any alteration, regulations addition, or improvement at the Premises by Tenant that requires the prior consent of Landlord, Landlord Any and other requirementsall alterations, additions, improvements, partitions and fixtures erected by Tenant will be the property of Landlord and will remain at the Premises upon termination of the Lease or upon earlier vacating of the Premises. All shelves, bins, machinery machinery, trade fixtures, and trade fixtures other interior non-structural improvements installed by Tenant will remain the personal property of Tenant and may be removed by Tenant prior to the termination of this Lease if provided such removal may be accomplished without damage to the Premises or Building that cannot be repaired by Tenant so electsas set forth in this subparagraph. Prior to vacating the Premises, Tenant will repair any damage to the Premises or Building as a result of any alteration, addition, improvement, or repair to the Premises, or the removal of personal property or trade fixtures by Tenant, or any Tenant Party. Should Tenant fail to conduct any such repair within ten (10) days of written notice from Landlord, Landlord may, at its option, perform same, and shall Tenant will remit payment to Landlord for the actual cost and expense incurred by Landlord in effecting such repair promptly upon demand. Tenant will have no authority, express or implied, to create or place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of Landlord in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with Tenant, including those who may furnish materials or perform labor for any construction or repairs, and each such claim will affect and each such lien will attach to, if at all, only the leasehold interest granted to Tenant by this instrument. Tenant covenants and agrees that it will pay or cause to be removed paid all sums legally due and payable by it on account of any labor performed or materials furnished in connection with any work performed on the date Premises at the request of termination Tenant on which any lien is or can be validly and legally asserted against its leasehold interest in the Premises or the improvements thereon and that it will save and hold Landlord harmless from any and all loss, cost or expense based on or arising out of asserted claims or liens against the leasehold estate or against the right, title and interest of Landlord in the Premises or under the terms of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality of the BuildingLease.

Appears in 1 contract

Sources: Lease Agreement (Precision Biosciences Inc)

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises premises (including, without limitation, the including but not limited to roof and wall penetrations) without the prior written consent of Landlord. If Such consent may not be unreasonably withheld or denied. Landlord shallagrees to grant such consent or deny same with reasons, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements within fifteen (15) days following its receipt of Landlord's and Tenant's insurance policies and only in accordance request therefor, together with plans and specifications approved specs of such improvements, by Landlord; and any contractor or person selected by Tenant written notification. The failure of Landlord to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements timely do so shall be made by deemed to be its consent. If consent is timely denied, Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereofagree to work in good faith to satisfy both parties' needs. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building building or Development improvements and without overloading the floor or damaging such Building building or Developmentimprovements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease, and Tenant shall, unless Landlord otherwise elects, as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease lease, if Tenant so elects, and shall be removed by the date of termination of this Lease lease or upon earlier vacating of the Premises premises if required by Landlord; upon any such removal Tenant shall restore the Premises premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality qualities of the Buildingbuildings and other improvements situated on the premises.

Appears in 1 contract

Sources: Lease Agreement (Conns Inc)

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises (including, without limitationbut not limited to, the roof and wall penetrations) ), without the prior written consent of Landlord. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or DevelopmentBuilding, and and, in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. Prior to commencing any such alterations, additions or improvements Tenant shall provide such assurance to Landlord, including, but not limited to, waivers of liens, as Landlord shall require to assure payment of the costs thereof and to protect Landlord against any loss from mechanics', laborers', materialmen's or other liens. All shelvesalterations, binsadditions, machinery improvements and trade fixtures installed partitions erected by Tenant may shall be removed by and remain the property of Tenant prior to during the termination term of this Lease if Agreement and Tenant so electsshall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and shall be removed partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this Lease Agreement, or upon earlier vacating of the Premises; provided, however, that if Landlord so elects prior to termination of this Lease Agreement or upon earlier vacating of the Premises, such alterations, additions, improvements and partitions (other than trade fixtures and the personal property of Tenant), shall become the property of Landlord as of the date of termination of this Lease Agreement or upon earlier vacating of the Premises if and shall be delivered to the Landlord with the Premises. All personal property and trade fixtures installed by Tenant shall be removed by Tenant by the date of termination of this Lease Agreement or upon earlier vacating of the Premises is required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as and shall not to damage the primary structure or structural quality qualities of the Building.

Appears in 1 contract

Sources: Lease Agreement (Lakes Gaming Inc)

Alterations. Except for the initial improvements to be undertaken by Tenant as provided in Section 25 hereof (which are hereby approved by Landlord), Tenant shall not make any material alterations, additions additions, or improvements to the Premises (including, without limitation, the roof and wall penetrations) without the prior written consent of Landlord. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its Tenant's own cost and expense and in good a good, workmanlike manner manner, make such minor alterations, additions, or improvements or erect, remove, or alter such partitions, or erect such shelves, bins, machinery machinery, and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and improvements, without affecting the structural or loadbearing elements of the Building or improvements, without overloading the floor or damaging such Building or Developmentimprovements or any utility systems servicing same, and without interference to the other occupants of the Building or any other of Landlord's tenants, and in each case after complying with all applicable governmental laws, ordinances, regulations regulations, and other requirements. At the termination of this lease, Tenant shall, if Landlord, in its reasonable discretion, so elects, and at Tenant's sole cost and expense, remove all alterations, additions, improvements, and partitions erected by Tenant and restore the Premises to their original condition; otherwise, such improvements shall be delivered to Landlord with the Premises. Notwithstanding the above, Tenant shall not be required to remove or restore the following: (i) exterior entrance ramp and overhead door need not be removed, (ii) doors on the north wall need not be reopened, and (iii) Tenant installed showers and restrooms need not be removed. All shelves, bins, machinery machinery, and trade fixtures installed by Tenant may be removed by Tenant prior to at the termination of this Lease lease, if Tenant so elects, so long as no event of default by Tenant is then in existence, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration restorations shall be accomplished in a good and good, workmanlike manner so as not to damage the primary structure or structural quality qualities of the BuildingBuilding and other improvements situated on the Premises. Any fixtures installed in the Premises by Tenant other than shelves, bins, machinery, and similar trade fixtures shall become the property of Landlord when installed.

Appears in 1 contract

Sources: Lease Agreement (Omniquip International Inc)

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises (including, without limitation, the including but not limited to roof and wall penetrations) without the prior written consent of Landlord. If Landlord shall, consent such conduct not to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereofunreasonably withheld. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building building or Development improvements and without overloading the floor or damaging such Building building or Developmentimprovements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All additional improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additional, improvements and partitions erected by Tenant and restore the Premises to their original condition, reasonable wear and tear excluded, by the date of termination of this Lease or upon earlier vacating of the Premises; provided, improvements and partitions shall become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and shall be delivered upon to the Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition, reasonable wear and tear excluded. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality qualities of the Buildingbuildings and other improvements situated on the Premises.

Appears in 1 contract

Sources: Lease Agreement (Bway Corp)

Alterations. Tenant shall not make any alterations, additions Future improvements or improvements to alterations of the Premises (including, without limitation, the roof and wall penetrations) without the prior written consent of Landlord. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of beyond Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected Tenant Improvements) requested by Tenant to make be performed (but are not obligated to be performed) by Landlord at Tenant's sole expense and following the samesigning of an approval and restoration agreement between Tenant and Landlord. Alternatively, orafter obtaining Landlord's written consent in each instance, all required permits and approvals, and after providing Landlord with insurance and indemnification required by Landlord (all at no expense or cost to Landlord), Tenant, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account sole expense, may install necessary trade fixtures, equipment and Tenant shall fully reimburse Landlord for furniture and may also install or modify non-structural and fixed improvements in the entire cost thereof. Tenant mayPremises, provided that such items installed or modified leave the Premises restorable to its prior condition without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of structural damage to the Building or Development and without overloading other fixed tenant improvements. Landlord reserves the floor right to approve or damaging such Building or Developmentdisapprove curtains, and in each case after complying with all applicable governmental lawsdraperies, ordinancesshades, regulations paint and other requirementsinterior improvements visible from outside the Premises on wholly aesthetic grounds. All shelvesAny fixed improvements by Tenant must be submitted for Landlord's written approval and approved by Landlord prior to installation or Landlord may remove or replace such items and restore the Premises at Tenant's sole expense. Trade fixtures, bins, machinery equipment and trade fixtures furniture installed by Tenant may shall remain Tenant's property and shall be removed by Tenant prior to expiration of the Term or earlier termination of this Lease if Lease. Tenant's installation or modification of improvements in the Premises shall provide that such improvements are installed and are removable without structural damage to the Building or its tenant improvements. Tenant so electsshall record a Notice of Completion with the County Auditor and also provide a copy of the recorded document to Landlord. Tenant shall, at Tenant's cost, provide Landlord with a set of "as-built" updated drawings for any tenant improvement or modification work which Tenant undertakes. Prior to expiration of the Term or earlier termination of this Lease, Landlord shall, in Landlord's sole discretion, determine whether some or all of Tenant's alterations are to be restored to the prior condition, and whether some or all temporary improvements are to be removed. 0n or before expiration of the Term or earlier termination of this Lease, Landlord shall notify Tenant which of Tenant's alterations and improvements are to remain and which are to be removed or restored. Tenant shall, at Tenant's sole expense, remove and restore all remaining improvements to their condition prior to Tenant's alteration, except those improvements which Landlord has elected to retain without restoration. Those improvements which Landlord elects to retain shall become Landlord's property. On expiration of the Term or earlier termination of this Lease, temporary or fixed improvements which Landlord elects to have removed shall remain Tenant's property and shall be removed by Tenant prior to expiration of the date Term or earlier termination of this Lease. Tenant shall assume the risk of damage to any of Tenant's fixtures. Tenant shall repair, at Tenant's sole expense, all damage to the Premises and/or Building caused by the installation or removal of Tenant's trade fixtures, equipment, furniture, temporary, or fixed improvements. If Tenant fails to remove the foregoing items and restore the Premises to its prior condition before termination of this Lease or upon earlier vacating of the Premises if as required by Landlord; upon , Landlord may keep and use those improvements and materials or remove any such removal Tenant shall restore the Premises of them and cause them to their original condition. All such removals and restoration shall be accomplished stored or sold in a good and workmanlike manner so as not to damage the primary structure or structural quality of the Buildingaccordance with applicable law, all at Tenant's sole expense.

Appears in 1 contract

Sources: Standard Form Multiple Occupancy Lease (Cost U Less Inc)

Alterations. Tenant shall not make any alterations, additions no changes in or improvements to the Premises (including, demised premises of any nature without limitation, the roof and wall penetrations) without Landlord's prior written consent. Subject to the prior written consent of Landlord. If Landlord shall, consent and to any the provisions of this article, Tenant at Tenant's expense, may make alterations, installations, additions or improvements proposed which are non-structural and which do not adversely affect utility services or plumbing and electrical lines, in or to the interior of the demised premises by using contractors or mechanics first approved by Landlord. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Landlord in Tenant's behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the demised premises unless Landlord, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, Tenant shall construct in which event, the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for removed from the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed premises by Tenant prior to the termination expiration of the lease at Tenant's expense. Nothing in this Lease if article shall be construed to give Landlord title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required by Landlord. Tenant so electsshall immediately and at its expense, repair and shall restore the premises to the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the date of termination of this Lease or upon earlier vacating end of the Premises if term remaining in the premises after Tenant's removal shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed from the premises by Landlord at Tenant's expense. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by Landlord; any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such ▇▇▇▇▇▇▇'▇ compensation, general liability, personal and property damage insurance as Landlord may reasonably require. If any such removal Tenant shall restore mechanic's lien or U.C.C. financing statement is filed against the Premises demised premises, or the building of which the same forms a part, for work claimed to their original condition. All such removals and restoration have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be accomplished in a good and workmanlike manner so as not to damage discharged by Tenant within ten days after notice, at Tenant's expense, by filing the primary structure bond required by law or structural quality of the Buildingotherwise.

Appears in 1 contract

Sources: Sublease Agreement (Maxwell Shoe Co Inc)

Alterations. Except as set forth herein, Tenant shall not make any alterations, additions or improvements to the Premises (including, without limitation, the roof and wall penetrations) without the prior written consent of Landlord. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner expense, may erect such shelves, bins, machinery and other trade fixtures as it may deem advisabledesires, without altering provided that (i) such items do not alter the basic character of the Building Premises or Development and the Building, (ii) such items do not overload or damage same, (iii) such items may be removed without overloading injury to the floor or damaging such Building or DevelopmentPremises, and in each case after complying (iv) the construction, erection or installation thereof complies with all applicable governmental laws, ordinances, regulations and other with Landlord’s specifications and requirements. With respect to tenant improvements constructed after Substantial Completion, Tenant shall be responsible for compliance with The Americans With Disabilities Act of 1990 Landlord shall be responsible for having the shell building and Tenant Improvements upon Substantial Completion comply with The Americans With Disabilities Act of 1990 Without implying any consent of Landlord thereto, all alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this Lease. Tenant may remove, either during or at the termination of the Lease, all bus duct, all elements relating to the cleaning and packaging room, the exhaust system for the grinding and polishing room, the air compressors to run the internal compressed air lines and the outside signage All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by on or before the date earlier to occur of the day of termination or expiration of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Premises, at which time Tenant shall restore the Premises to their original condition, wear and tear excepted. All such alterations, installations, removals and restoration restorations shall be accomplished performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural quality qualities of the BuildingBuilding or other improvements situated on the Premises or of which the Premises are a part. Tenant is allowed to make changes to the space upon the Landlord’s consent Tenant is allowed to make, without consent, up to $50,000 per year of improvements to the Premises subsequent to the construction of the initial Tenant Improvements, if such improvements do not affect the structure of the Building Except for improvements made by the Tenant to the mezzanine level of the Premises, any such improvements are subject to demolition upon the termination or expiration of this Lease if Landlord notifies Tenant prior to the time that the improvements are constructed that demolition will be required at the termination or expiration of this Lease Improvements to the mezzanine level of the Premises may be required to be demolished at the termination of the Lease If required, Landlord must notify Tenant of such requirement at least three (3) months prior to the termination of the Lease Any demolition required under this provision is to be performed by Tenant, at Tenant’s costs.

Appears in 1 contract

Sources: Lease Agreement (DJO Finance LLC)

Alterations. Other than the Initial Tenant Improvements, Tenant shall not make any no alterations, installations, additions or improvements (herein collectively called "Alterations") in or to the Demised Premises (includingor the Building, structural or otherwise, without limitationLandlord's prior written consent. Tenant, at its sole cost and expense, must provide Landlord with a copy of the roof full floor mechanical and wall penetrations) 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. If , Landlord shall, consent to any alterations, additions may correct or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make remove the same, orand Tenant shall be liable for any and all expenses incurred by Landlord 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 use of the Building by other Tenants and their respective premises. All Alterations shall be made only by such contractors or 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 option or Tenant's expense, or the joint expense of Landlord and discretionTenant, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for remain the entire cost thereof. Tenant may, without the consent property of Landlord, but hereinafter unless otherwise agreed to by Landlord and Tenant. Landlord, at its own 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 in good workmanlike manner erect such shelvesTenant shall, binsat its cost and expense, machinery and other trade fixtures as it may deem advisable, without altering repair any damage to the basic character of Demised Premises or the Building or Development and without overloading caused by such removal. In the floor or damaging such Building or Developmentevent Landlord does not so elect, and in each case after complying with all applicable governmental lawsTenant does not remove Tenant's Property, ordinances, regulations and other requirementsit shall become property of Landlord. All shelves, bins, machinery and trade fixtures installed by In the event Tenant may fails to remove Tenant's property or the Alterations requested to be removed by Tenant prior to Landlord on or before the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating expiration of the Term or any extension or renewal thereof, then and in such event, the Landlord may remove Tenant's Property and Alteration from the Demised Premises if required by Landlord; upon any at Tenant's expense and the Tenant hereby agrees to reimburse the Landlord for the cost of such removal Tenant shall restore together with any and all damages which the Premises to their original condition. All such removals Landlord may suffer and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality sustain by reason of the Buildingfailure of Tenant to remove the same. Tenant further acknowledges that any violation of the foregoing requirement by Tenant will jeopardize Landlord's bond financing for the Building project of which the leased premises is a part and could likely cause Landlord to suffer and incur substantial monetary damage or injury to which Tenant would be liable.

Appears in 1 contract

Sources: Lease Agreement (Startec Global Communications Corp)

Alterations. Tenant shall not make any alterations, additions no changes in or improvements to the Premises (including, demised premises of any nature without limitation, the roof and wall penetrations) without Owner’s prior written consent. Subject to the prior written consent of Landlord. If Landlord shallOwner, consent and to any the provisions of this article, Tenant, at T▇▇▇▇▇’s expense, may make alterations, installations, additions or improvements proposed which are nonstructural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the demised premises using contractors or mechanics first approved in each instance by Owner. Tenant shall, at its expense, before making any alterations, additions, installations or improvements obtain all permits, approval and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner. T▇▇▇▇▇ agrees to carry and will cause T▇▇▇▇▇’s contractors and sub-contractors to carry such w▇▇▇▇▇▇’▇ compensation, general liability, personal and property damage insurance as Owner may require. If any mechanic’s lien is filed against the demised premises, or the building of which the same forms a part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within thirty days thereafter, at T▇▇▇▇▇’s expense, by payment or filing the bond required by law or otherwise. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner on Tenant’s behalf, shall, upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Owner’s right thereto and to have them removed by Tenant, Tenant shall construct in which event the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for removed from the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed demised premises by Tenant prior to the termination expiration of the lease, at Tenant’s expense. Nothing in this Lease if Article shall be construed to give Owner title to or prevent T▇▇▇▇▇’s removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required by Owner, Tenant so electsshall immediately and at its expense, repair and shall restore the premises to the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by T▇▇▇▇▇ at the date of termination of this Lease or upon earlier vacating end of the Premises if required by Landlord; upon any such term remaining in the premises after T▇▇▇▇▇’s removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good deemed abandoned and workmanlike manner so as not to damage may, at the primary structure or structural quality election of the Building.Owner, either be retained as Owner’s property or removed from the premises by Owner, at T▇▇▇▇▇’s expense. See paragraph “66th” in Rider

Appears in 1 contract

Sources: Acknowledgement (American Defense Systems Inc)

Alterations. A. Tenant shall not make any alterations, additions or improvements to the Premises (including, without limitation, the including but not limited to roof and wall penetrations) without the prior written consent of Landlord. If Landlord shall, which consent to any alterations, additions shall not be unreasonably withheld or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereofdelayed. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures fixture as it may deem advisable, without altering the basic character of the Building building or Development improvements and without overloading the floor or damaging such Building building or Developmentimprovements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of the Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this Lease or upon earlier vacating of the Premises provided, however, that if Landlord so elects prior to termination of this Lease or upon earlier vacating of the Premises that such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and shall be delivered up to the Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant tenant shall restore the Premises to their original conditionconditions. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality qualities of the Buildingbuildings and other improvements situated on the Premises B. Tenant shall remove any sumps and clarifiers and any related Hazardous Materials ("Hazardous Materials" shall mean petroleum and petroleum products, asbestos, and PCBs and any "hazardous substances", "hazardous materials", or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Hazardous Materials Transportation Act, as amended, or the Resource Conservation and Recovery Act, as amended, those substances, materials and wastes which are defined as "hazardous wastes" or as "hazardous substances" in the Washington Health and Safety Code or Labor Code, and "hazardous" or "toxic" in the regulations adopted or publication promulgated pursuant to any of said laws) in or about the Premises and associated with ▇▇▇▇▇▇'s use and occupancy thereof upon the expiration or earlier termination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Gargoyles Inc)

Alterations. Tenant shall not make any alterations, additions no changes in or improvements to the Premises (including, demised premises of any nature without limitation, the roof and wall penetrations) without Owner’s prior written consent. Subject to the prior written consent of Landlord. If Landlord shallOwner, consent and to any the provisions of this article, Tenant, at Tenant’s expense, may make alterations, installations, additions or improvements proposed which are nonstructural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the demised premises using contractors or mechanics first approved in each instance by Owner. Tenant shall, at its expense, before making any alterations, additions, installations or improvements obtain all permits, approval and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner. Tenant agrees to carry and will cause Tenant’s contractors and sub-contractors to carry such ▇▇▇▇▇▇▇’▇ compensation, general liability, personal and property damage insurance as Owner may require. If any mechanic’s lien is filed against the demised premises, or the building of which the same forms a part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within thirty days thereafter, at Tenant’s expense, by payment or filing the bond required by law or otherwise. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner on Tenant’s behalf, shall, upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Owner’s right thereto and to have them removed by Tenant, Tenant shall construct in which event the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for removed from the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed demised premises by Tenant prior to the termination expiration of the lease, at Tenant’s expense. Nothing in this Lease if Article shall be construed to give Owner title to or to prevent Tenant’s removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required by Owner, Tenant so electsshall immediately and at its expense, repair and shall restore the premises to the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the date of termination of this Lease or upon earlier vacating end of the Premises if required by Landlord; upon any such term remaining in the premises after Tenant’s removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good deemed abandoned and workmanlike manner so may, at the election of Owner, either be retained as not to damage Owner’s property or removed from the primary structure or structural quality of the Buildingpremises by Owner, at Tenant’s expense.

Appears in 1 contract

Sources: Loft Lease (American Realty Capital New York Recovery Reit Inc)

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises premises (including, without limitation, the including but not limited to roof and wall penetrations) without the prior written consent of Landlord. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building building or Development improvements and without overloading the floor or damaging such Building building or Developmentimprovements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises unless removed as provided above. All shelves, bins, bins machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease lease if Tenant so elects, and shall be removed by the date of termination of this Lease lease or upon earlier vacating of the Premises premises if required by Landlord; upon any such removal Tenant shall restore the Premises premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality qualities of the Buildingbuildings and other improvements situated on the premises.

Appears in 1 contract

Sources: Lease Agreement (Microage Inc /De/)

Alterations. Tenant may not make alterations in or additions to the Leased Premises unless Tenant has first obtained from Landlord written permission to do so, and Tenant shall, if requested by Landlord, furnish Landlord with plans and specifications, names and addresses of the contractors who will perform the work, copies of the contracts, all necessary permits and indemnification in form and amount satisfactory to Landlord against any and all claims, costs, damages, liabilities and expenses which may arise in connection with the alterations or additions. Whether Tenant shall have furnished Landlord the foregoing or not, Tenant hereby agrees to hold Landlord harmless from any and all liabilities of every kind and description which may arise out of or be connected with the alterations or additions. Tenant shall bay the cost of all such alterations and additions and also the cost of decorating the Leased Premises occasioned by such alterations and/or additions. Tenant shall not overload, damage or deface the Leased Premises, the Building or the Property or do any act or thing or bring or keep anything thereon which may make void or voidable any alterationsinsurance on the Leased Premises or the Building or which may render an increase or extra premiums payable for insurance. Tenant shall not move any heavy equipment into the Leased Premises except with prior written consent of Landlord and upon such terms as Landlord may specify. Upon completion of any alterations or additions, Tenant shall furnish Landlord with contractors' affidavits and full waivers of liens and receipted bills covering all labor, materials and subcontractors expended and used. All alterations and/or additions must be completely finished in a good and neat workmanlike manner and comply in all respects with all insurance requirements and with all applicable federal, state, or improvements to the Premises (municipal statutes, laws, ordinances and regulations, or any department or agency thereof, or any department thereof, and including, without limitation, the roof standards and wall penetrations) without the prior written consent regulations of Landlord. If Landlord shall, consent O.S.H.A. and environmental laws and regulations applicable to any such alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements and/or additions. Only good grades of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements materials shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for used in the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirementsalterations and/or additions. All shelves, bins, machinery additions shall become Landlords's property and trade fixtures installed by Tenant may be removed by Tenant prior to shall remain upon the Leased Premises at the termination of this Lease if by lapse of time or otherwise, without compensation or allowance or credit to Tenant. All changes made by Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises restored to their original conditioncondition at Tenant's expense, if Landlord so requests. All such removals and restoration Any alterations, additions or repairs shall be accomplished performed by labor which is compatible with the union or unions representing the service employees of Landlord in a good and workmanlike manner so as not to damage the primary structure or structural quality of the Building.

Appears in 1 contract

Sources: Office Lease (Made2manage Systems Inc)

Alterations. Tenant shall not make any alterations, additions no changes in or improvements to the Premises (including, demised premises of any nature without limitation, the roof and wall penetrations) without Owner's prior written consent. Subject to the prior written consent of Landlord. If Landlord shallOwner, consent and to any the provisions of this article, Tenant at Tenant's expense, may make alterations, installations, additions or improvements proposed which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the demised premises using contractors or mechanics first approved by Owner. Tenant shall, at its expense, before making any alterations, additions, installations or improvements obtain all permits, approval and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approvals thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Owner. Tenant agrees to carry and will cause Tenant's contractors and sub7contractors to carry such ▇▇▇▇▇▇▇'▇ compensation, general liability, personal and property damage insurance as Owner may require. If any mechanic's lien is filed against the demised premises, or the building of which the same forms as part, for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within thirty days thereafter, at Tenant's expense, by filing the bond required by law or otherwise. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner on Tenant's behalf, shall, upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Owner's right thereto and to have them removed by Tenant, Tenant shall construct in which event the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for removed from the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed demised premises by Tenant prior to the termination expiration of the lease, at Tenant's expense. Nothing in this Lease if Tenant so elects, and Article shall be removed by construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the date of termination of this Lease premises or upon earlier vacating removal of other installations as may be required by Owner, Tenant shall immediately and at its expense, repair and restore the premises to the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed, by Tenant at the end of the Premises if required by Landlord; term remaining in the premises, or upon any such Tenant's vacating or removal Tenant shall restore the Premises to their original condition. All such removals and restoration prior thereto after Tenant's removal shall be accomplished in a good deemed abandoned and workmanlike manner so may, at the election of Owner, either be retained as not to damage Owner's property or removed from the primary structure or structural quality of the Buildingpremises by Owner, at Tenant's expense.

Appears in 1 contract

Sources: Lease Agreement (Opus360 Corp)

Alterations. All alterations to the Premises shall require Landlord’s consent, which shall not be unreasonably withheld, delayed or conditioned. Landlord agrees to comment as to Tenant’s plans and specifications within ten (10) days of receipt of same, failing which, such plans and specifications shall be deemed approved. Promptly upon completion of any material alterations, Tenant shall not make any furnish Landlord with an as-built set of plans therefore. All such alterations, additions or improvements to become the property of Landlord immediately upon installation in the Premises (includingand shall be conclusively presumed to have been conveyed by Tenant to Landlord under this Lease as a ▇▇▇▇ of sale, without limitationcompensation, allowance, or credit to Tenant. Tenant agrees to save Landlord harmless from any damage, loss, or expense arising from the roof and wall penetrations) without the prior written consent construction of Landlord. If Landlord shall, consent to any alterations, additions or and improvements proposed by Tenant, Tenant shall construct the same in accordance and to comply with all governmental laws, ordinances, rules and regulations regulations. Upon termination of this Lease, all alterations, additions and improvements made in, to or on the Premises (including without limitation all requirements electrical, lighting, plumbing, heating, air conditioning, and communications equipment and systems, doors, windows, partitions, drapery, carpeting, shelving, counters, and physically attached fixtures unless excluded by written agreement annexed hereto), shall remain upon and be surrendered as a part of the Premises; provided however, upon Landlord's request Tenant shall remove its communications cabling and those additions, alterations, or improvements as specified by Landlord at the time Landlord approves such alteration, addition or improvements, and repair and restore the Premises at Tenant's insurance policies sole cost and only in accordance with plans expense prior to expiration of the Term. Tenant may install a backup generator, at Tenant’s sole cost, at a location and based on specifications reasonably approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without will be responsible to obtain any necessary permits or approvals required to install the consent of Landlord, but at its own cost generator and expense for ongoing repairs and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirementsmaintenance. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior For additional terms related to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of initial improvements to the Premises if required by Landlord; upon any such removal Tenant shall restore see the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so Work Letter attached as not to damage the primary structure or structural quality of the Building.Exhibit E.

Appears in 1 contract

Sources: Office Lease (Trupanion Inc.)

Alterations. Tenant shall not make or cause to be made any alterations, additions or improvements or install or cause to be installed any fixtures, signs, floor coverings, interior or exterior lighting, plumbing fixtures, or shades or awnings, or make any other changes to the Leased Premises (includingwithout first obtaining Landlord’s written approval, without limitationwhich approval shall not be unreasonably withheld. Tenant shall present to the Landlord plans and specifications for such work at the time approval is sought. In the event Landlord consents to the making of any alterations, additions, or improvements to the Leased Premises by Tenant, the roof same shall be made by Tenant at Tenant’s sole cost and wall penetrations) without the prior written consent of Landlordexpense. If Landlord shall, consent All such work with respect to any alterations, additions or improvements proposed by Tenantadditions, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements changes shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished done in a good and workmanlike manner so and diligently prosecuted to completion such that, except as absolutely necessary during the course of such work, the Leased Premises shall at all times be a complete operating unit. Any such alterations, additions, or changes shall be performed and done strictly in accordance with all laws and ordinances relating thereto. In performing the work or any such alterations, additions, or changes, Tenant shall have the same performed in such a manner as not to damage the primary structure or structural quality obstruct access to any portion of the Building.. Any alterations, additions, or improvements to or of the Leased Premises, including, but not limited to, wall covering, fume hoods, darkroom, paneling, and built-in cabinet work, but excepting movable furniture and equipment, shall at once become a part of the realty and shall be surrendered with the Premises, unless Landlord and Tenant agree at any time that the specific improvement may be removed by Tenant at the end of the Term provided Tenant restores the premises to its original condition, wear and tear excepted. If there is an agreement to allow removal, such items which are the subject of agreement shall be listed on Exhibit F which agreement, as may be revised by the parties from time to time, shall be made a part of this Lease. The parties have agreed as to the items listed on Exhibit G.

Appears in 1 contract

Sources: Lease Agreement (Myriad Genetics Inc)

Alterations. Tenant shall not make and Subtenant acknowledge that any additions, alterations, additions demolitions or improvements to be performed in connection with the Premises (including, without Sublease shall be first approved by Landlord in accordance with the Lease and subject to all of the terms and conditions of the Lease. Without limitation, Landlord acknowledges that Subtenant plans to install new carpet and paint throughout the roof Subleased Premises, subject to Landlord’s approval in accordance with the Lease and wall penetrationssubject to all of the terms and conditions of the Lease, and subject to Sublandlord’s approval in accordance with the Sublease and subject to all of the terms and conditions of the Sublease. Within thirty (30) without the prior written consent days after receipt of an invoice from Landlord. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct pay to Landlord as a fee for Landlord’s review of any work or plans in connection with the same in accordance with all governmental lawsSublease, ordinancesas Additional Rent, rules an amount equal to the sum of: (i) $150.00 per hour for senior staff and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with $100.00 per hour for junior staff, plus (ii) third party expenses incurred by Landlord to review such plans and specifications approved by Landlord; and any contractor work. Upon the expiration or person selected by Tenant to make earlier termination of the same, orSublease, at Landlord's option ’s option, Tenant and discretionSubtenant shall at their expense remove all such additions, the alterations, additions or alterations and improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their its original condition. All such removals contractors, vendors and restoration service providers requiring access to the Subleased Premises or the Building shall be accomplished in a good subject to Landlord’s prior and workmanlike manner so as not continuing review and approval with respect to damage insurance, security and operational matters. Solely between Tenant and Subtenant, the primary structure or structural quality provisions of the BuildingSublease (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

Sources: Consent to Sublease (Stealth BioTherapeutics Corp)

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises premises (including, without limitation, the including but not limited to roof and wall penetrations) without the prior written consent of Landlord. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building building or Development improvements and without overloading the floor or damaging such Building building or Developmentimprovements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease lease if Tenant so elects, and shall be removed by the date of termination of this Lease lease or upon earlier vacating of the Premises premises if required by Landlord; upon any such removal Tenant shall restore the Premises premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality qualities of the Buildingbuildings and other improvements situated on the premises.

Appears in 1 contract

Sources: Lease Agreement (Aetrium Inc)

Alterations. (a) Tenant shall make no alterations or changes, structural or otherwise, to any part of the Premises, either exterior or interior, without Landlord’s written consent. In the event of any such approved changes, Tenant shall have all work done at its own expense. Request for such consent shall be accompanied by plans stating in detail precisely what is to be done. Notwithstanding the foregoing to the contrary, Tenant may make non-structural, cosmetic alterations to the interior of the Premises with Landlord’s written consent which shall not make any alterationsbe unreasonably withheld. Tenant shall comply with the building codes, additions regulations and laws now or hereafter to be made or enforced in the municipality, county and/or state, which pertain to such work. Any additions, improvements (made after the initial improvements to the Premises Premises), alterations and/or Installations made by Tenant (except only office furniture, business equipment and trade fixtures including, without limitationbut not limited to, wet laboratories, cabinetry, benches and scientific equipment; provided Tenant shall repair any damage to the roof Premises upon removal of same) shall become and wall penetrations) without remain a part of the prior written consent Building and be and remain Landlord’s property upon the termination of Tenant’s occupancy of said Premises; provided, however, Landlord shall notify Tenant, at the time Tenant requests Landlord’s approval to make alterations, that Landlord will or will not require Tenant to remove the proposed alterations from the Premises upon the expiration or earlier termination of this Lease. If Landlord shall, consent requires Tenant to any alterations, additions or improvements proposed by Tenantremove such alterations as aforesaid, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the remove same, or, at Landlord's option and discretion, repair any damage to the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or DevelopmentPremises upon removing same, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original conditionthe condition the Premises were in upon delivery of same to Tenant, at Tenant’s sole cost and expense, ordinary wear and tear and damage due to casualty not required to be repaired by Tenant excepted. All Tenant shall save Landlord harmless from and against all expenses, liens, claims or damages to either property or person which may or might arise by reason of the making of any such removals additions, improvements, alterations and/or installations. Landlord reserves the right, subject to Articles 22 and restoration shall be accomplished 52, to change, increase or reduce, from time to time, the number, composition, dimensions or location of any parking areas, signs, the Building name, service areas, walkways, roadways or other common areas or make alterations or additions to the Building, in a good its sole discretion. Landlord’s approval of Tenant’s plans and workmanlike manner so as not specifications under this Article 9 or any other provisions of this Lease is solely for the purpose of ascertaining whether Tenant’s proposed alterations will have an adverse impact on the structural components or Common Facilities of the Building and to damage insure the primary structure or structural quality aesthetic and architectural harmony of the Tenant’s proposed alterations with the remainder of the Building. No approval of plans by Landlord shall be deemed to be a representation or warranty by Landlord that such plans or the work provided for therein will comply with applicable codes, laws or regulations or be in conformance with any insurance or other requirements which affect the Premises or the Building, and Tenant shall have the sole responsibility of complying with all such requirements notwithstanding Landlord’s approval of Tenant’s plans. (b) NOTICE IS HEREBY GIVEN THAT LANDLORD SHALL NOT BE LIABLE FOR ANY LABOR OR MATERIALS FURNISHED OR TO BE FURNISHED TO TENANT UPON CREDIT, AND THAT NO MECHANICS’ OR OTHER LIEN FOR ANY SUCH LABOR OR MATERIALS SHALL ATTACH TO OR AFFECT THE ESTATE OR INTEREST OF LANDLORD IN AND TO THE PREMISES OR THE BUILDING. WHENEVER AND AS OFTEN AS ANY LIEN ARISING OUT OF OR IN CONNECTION WITH ANY WORK PERFORMED, MATERIALS FURNISHED OR OBLIGATIONS INCURRED BY OR ON BEHALF OF TENANT SHALL HAVE BEEN FILED AGAINST THE PREMISES OR THE BUILDING, OR IF ANY CONDITIONAL B▇▇▇ OF SALE SHALL HAVE BEEN FILED FOR OR AFFECTING ANY MATERIALS, MACHINERY OR FIXTURES USED IN THE CONSTRUCTION, REPAIR OR OPERATION THEREOF, OR ANNEXED THERETO BY TENANT, TENANT SHALL FORTHWITH TAKE SUCH ACTION BY BONDING, DEPOSIT OR PAYMENT AS WILL REMOVE OR SATISFY THE LIEN OR CONDITIONAL B▇▇▇ OF SALE WITHIN TEN (10) DAYS OF LANDLORD’S WRITTEN REQUEST THEREFOR.

Appears in 1 contract

Sources: Lease (Seracare Life Sciences Inc)

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises (including, without limitation, the roof and wall penetrations) without the prior written consent of Landlord, which consent shall not be unreasonably withheld. If Landlord shall, shall consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's ’s and Tenant's ’s insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, or at Landlord's ’s option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's ’s account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at as its own cost and expense expenses and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality of the Building.

Appears in 1 contract

Sources: Lease Agreement (BGS Acquisition Subsidiary, Inc.)

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. After completion of Tenant's Improvements within the Premises, Tenant shall not make or permit any other improvements, alterations, additions fixed decorations, substitutions or improvements modifications, structural or otherwise, to the Premises or the Building (including, without limitation, the roof and wall penetrations"Alterations") without the prior written approval of Landlord. 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, 1. 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. Landlord shall have the right at its option, to make any Alterations on behalf of Tenant, and the cost of any such Alterations, together with Landlord's standard construction management fee, shall be payable by Tenant as Additional Rent within thirty (30) days after receipt of an invoice for same from Landlord. Tenant shall be responsible for the cost of any additional improvements within the Premises or the Common Area required by The Americans with Disabilities Act of 1990 as a result of Tenant's Alterations. If Tenant makes any Alterations without the prior consent of Landlord, then, in addition to Landlord's other remedies, Landlord may correct or remove such Alterations and Tenant shall pay the cost thereof, as Additional Rent, on demand. If Landlord In making any permitted Alterations as well as in its use of the Premises, Tenant shall, consent to any alterationsat its sole expense, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance fully comply with all governmental applicable federal, state and local laws, ordinances, rules and regulations regulations, including the acquisition of permits and all the payment of fees, as well as any requirements of imposed by Landlord's insurer. Tenant shall save Landlord harmless for and on account of all charges or damages if it shall fail to comply. To the extent that any additional improvements are required by law to be made to the Building as a result of Tenant's insurance policies Alterations, all such improvements shall be made by Tenant at its sole cost and only in accordance with shall conform to plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality of the Buildingaforesaid.

Appears in 1 contract

Sources: Maryland Multi Tenant Industrial Lease (Inphonic Inc)

Alterations. A. Tenant shall not make any alterations, additions or improvements to the Premises (including, without limitation, the including but not limited to roof and wall penetrations) without the prior written consent of Landlord. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building building or Development improvements and without overloading the floor or damaging such Building building or Developmentimprovements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain property of Tenant during the term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, to remove all alterations, additions, improvements and partitions erected by tenant and restore the Premises to their original condition by the date of termination of this lease or upon earlier vacating of the Premises, provided, however, that if Landlord so elects prior to termination of this Lease or upon earlier vacating of the Premises, provided, however, that if Landlord so elects, prior to termination of this Lease or upon earlier vacating of the Premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and shall be delivered up to the Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality qualities of the Buildingbuildings and other improvements situated on the Premises. B. Tenant shall remove any sumps and clarifiers and any related Hazardous Materials ("Hazardous Material" shall mean petroleum and petroleum products, asbestos, and PCB's and any "hazardous substances", "hazardous materials", or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, the Hazardous Materials Transportation Act, as amended, or the Resource Conservation and Recovery Act, as amended, those substances, materials and wastes which are defined and "hazardous wastes" or as "hazardous substances" in the Washington State Model Toxics Control Act, as codified at Chapter 70.105D, Revised Code of Washington, and "hazardous" or "toxic" in the regulations adopted or publication promulgated pursuant to any of said laws) in or about the Premises and associates with Tenant's use and occupancy thereof upon the expiration of ear▇▇▇▇ ▇ermination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Sparkling Spring Water Holdings LTD)

Alterations. Tenant shall not make any alterations, additions no changes in or improvements to the Premises (including, demised premises of any nature without limitation, the roof and wall penetrations) without Owner's prior written consent. Subject to the prior written consent of Landlord. If Landlord shallOwner, consent and to any the provisions of this article, Tenant, at Tenant's expense, may make alterations, installations, additions or improvements proposed which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the demised premises by using contractors or mechanics first approved in each instance by Owner. 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 Owner and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such ▇▇▇▇▇▇▇'▇ compensation, general liability, personal and property damage insurance as Owner may require. If any mechanic's lien is filed against the demised premises, or the building of which the same forms a part, for work claimed to have done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be discharged by Tenant within 30 days thereafter, at Tenant's expense, by payment or filing the bond required by law. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Owner on Tenant's behalf, shall, upon installation, become the property of Owner and shall remain upon and be surrendered with the demised premises unless Owner, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Owner's rights thereto and to have them removed by Tenant, Tenant shall construct in which event, the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for removed from the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed premises by Tenant prior to the termination expiration of the lease, at Tenant's expense. Nothing in this Lease if article shall be construed to give Owner title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installation as may be required by Owner, Tenant so electsshall immediately and at its expense, repair and shall restore the premises to the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the date of termination of this Lease or upon earlier vacating end of the Premises if required by Landlord; upon any such term remaining in the premises after Tenant's removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good deemed abandoned and workmanlike manner so may, at the election of Owner, either be retained as not to damage Owner's property or may be removed from the primary structure or structural quality of the Buildingpremises by Owner at Tenant's expense.

Appears in 1 contract

Sources: Store Lease (Berkshire Bancorp Inc /De/)

Alterations. After completion of the Building, Lessor will have no obligation to do any redecorating or remodeling or to make any repairs or alterations. Tenant shall will not make any alterations, additions or improvements in or to the Premises (including, without limitation, the roof and wall penetrations) without the prior written consent of Landlord. If Landlord shall, consent to any which exceed $5,000 in each instance so long as such alterations, additions or improvements proposed by Tenantdo not adversely affect the Building structure or electrical or mechanical systems of the Building and do not affect the value of the Building, without first obtaining the written consent of Lessor. Tenant shall construct will get Lessor's prior written approval of any contractor or subcontractor who is to perform work on the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Premises at Tenant's insurance policies request. Lessor may require Tenant to post a bond, cash or other security to protect the Premises from mechanic's liens. All alterations by Tenant will be constructed with new materials, in a good and only workmanlike manner, and in accordance compliance with the plans and specifications approved by Landlord; Lessor and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations rules, orders, regulations, or other requirements of governmental authorities. Tenant will pay for any labor, services, materials, supplies or equipment furnished or alleged to have been furnished to Tenant in or about the Premises, and will pay and discharge any mechanic's, materialmen's or other requirementslien against the Premises resulting from Tenant's failure to make such payment, or will contest the lien and deposit with Lessor cash equal to 150% of the amount of the lien. If the lien is reduced to final judgment, Tenant will discharge the judgment and Lessor will return the cash deposited by Tenant. Lessor may post notices of nonresponsibility on the Premises as provided by law. All shelvesalterations, binsadditions and improvements to the Premises made at Lessor's or Tenant's expense, machinery except movable office furniture and Tenant's movable trade fixtures installed by Tenant may and equipment, will become the property of Lessor upon installation and will be removed by Tenant prior to surrendered with the Premises upon termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished unless Lessor elects otherwise in a good and workmanlike manner so as not to damage the primary structure or structural quality of the Buildingwriting.

Appears in 1 contract

Sources: Lease (Videolabs Inc)

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises (including, without limitation, the roof and wall penetrations) without the prior written consent of Landlord. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. , All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All Al1 such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality of the Building.

Appears in 1 contract

Sources: Lease Agreement (Netspeak Corp)

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises (includingincluding but not limited to roof, without limitation, the roof floor and wall penetrations) without the prior written consent of Landlord, which consent shall not be unreasonably withheld, delayed or conditioned. If In the event Landlord shall, consent consents to the making of any such alterations, additions or improvements proposed by Tenant, Tenant shall construct the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all governmental applicable laws, ordinancesordinances and regulations, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the samesame and all subcontractors must first be approved in writing by Landlord, or, at Landlord's sole option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof, including a fee of fifteen percent (15%) of such cost to cover Landlord's overhead, within twenty (20) days after written notification of Tenant by Landlord providing Tenant with an invoice or other request (or statement). Promptly after completion of any alterations, additions, or improvements to the Premises made by Tenant, Tenant shall supply Landlord with a set of scaled and dimensioned, reproducible mylars of "as-built" plans for such alterations, additions or improvements, certified by Tenant's architect or space planner. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good and workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development improvements and without overloading the floor or damaging such the Building or Developmentimprovements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality of the Building.other

Appears in 1 contract

Sources: Lease Agreement (Inhibitex Inc)

Alterations. Tenant shall in no event make or permit to be made any alteration, modification, substitution or other change of any nature to the structural, mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Premises. After completion of the Tenant Improvements within the Premises, Tenant shall not make or permit any other improvements, alterations, additions fixed decorations, substitutions or improvements modifications, structural or otherwise, to the Premises or the Building (including, without limitation, the roof and wall penetrations“Alterations”) without the prior written consent approval by Landlord of Landlord. If Landlord shall, consent to any alterations, additions or improvements proposed complete plans and specifications prepared and submitted by Tenant, Tenant which approval shall construct not be unreasonably withheld, conditioned or delayed. Landlord’s approval shall include the same in accordance conditions under which acceptable Alterations may be made. Landlord’s approval of the plans, specifications and working drawings for Tenant’s Alterations shall create no responsibility or liability on the part of Landlord for their completeness, design sufficiency, or compliance with all governmental laws, ordinances, rules and regulations of governmental agencies or authorities. 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 all requirements of Landlord's and wall coverings; but shall not include the initial Tenant Improvements initially placed within the Premises pursuant to Section 5. All Alterations may be made by Tenant's insurance policies and only in accordance with plans and specifications ’s contractor (as reasonably approved by Landlord; ) at Tenant’s sole cost and only after Tenant has obtained any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord necessary permits from governmental authorities for the entire cost thereofAlterations. If Tenant may, makes any Alterations without the prior consent of Landlord, then, in addition to Landlord’s other remedies, Landlord may correct or remove such Alterations and Tenant shall, on demand, pay the cost thereof (plus ten percent [10%] of such cost as a construction management fee) as Additional Rent. If any mechanic’s lien is filed against the Premises or the Building for work or materials furnished to Tenant (other than by Landlord) the lien shall be discharged by Tenant within twenty (20) days thereafter, solely at Tenant’s expense, by either paying off or bonding the lien. Should Tenant fail to discharge any lien within twenty (20) days of its filing, then, in addition to Landlord’s other remedies, Landlord shall have the right, but not the obligation, to discharge said lien at its own cost Tenant’s expense. Notwithstanding the terms of this Section 12.1 to the contrary, Tenant may install a generator and expense fuel supply (the “Generator”) in the location approved by Landlord near the Building and in good workmanlike manner erect subject to Landlord’s prior approval of complete plans and specifications for the Generator, such shelvesapproval to not be unreasonably withheld, binsconditioned or delayed. The Generator shall be deemed to be Tenant’s Personal Property, machinery and other trade fixtures as it may deem advisableTenant shall cause the Generator (and all equipment associated therewith) to be removed at the expiration or earlier termination of this Lease. Tenant shall obtain and exhibit to Landlord at Landlord’s request copies of all requisite approvals and permits with respect to the Generator, without altering including, to the basic character extent required, building permits and any architectural approvals required under restrictive covenants applicable to the Building and the Center. Tenant shall repair any damage to the Property caused by the removal of the Building or Development Generator and without overloading such equipment and shall restore the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant Property to the same condition as existed prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating installation of the Premises if required by Landlord; upon any such removal Tenant shall restore Generator and the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality of the Buildingequipment.

Appears in 1 contract

Sources: Standard Office Lease Agreement (Costar Group Inc)

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises (including, without limitation, the roof and wall penetrations) without the prior written consent of LandlordLandlord which consent shall not be unreasonably withheld. If Landlord shall, shall consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and . At the time Landlord consents to any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the such alterations, additions or improvements Landlord shall be made by advise Tenant whether Tenant is required to remove such alterations, additions or improvements prior to the termination of the Lease. If Landlord for does not so advise Tenant's account and , then Tenant shall fully reimburse Landlord for the entire cost thereofnot be required to remove such items. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each such case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality of the Building. Tenant may, at its own cost and expense, without Landlord's consent, install, replace or remove any of Tenant's trade fixtures, furniture, demountable partitions and equipment (all hereinafter referred to as "Trade Fixtures"). Any or all such Trade Fixtures shall be and remain the property of Tenant, and may, at Tenant's option and expense, be removed by the Tenant at any time during the term of the Lease or at the lease expiration date. Tenant shall be liable for damages to the Premises caused by Tenant's removal of its Trade Fixtures.

Appears in 1 contract

Sources: Sublease (Exult Inc)

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises (including, without limitation, the roof and wall penetrations) without the prior written consent of Landlord. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenanttenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality of the Building.

Appears in 1 contract

Sources: Lease Agreement (Manchester Equipment Co Inc)

Alterations. Tenant shall not make any alterations, additions no changes in or improvements to the Premises (including, demised premises of any nature without limitation, the roof and wall penetrations) without Landlord's prior written consent. Subject to the prior written consent of Landlord. If Landlord shall, consent and to any the provisions of this article, Tenant, at Tenant's expense, may make alterations, installations, additions or improvements proposed which are nonstructural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the demised premises using contractors or mechanics first approved in each instance by Landlord. All fixtures and all paneling, partitions, railings and like installations, installed in the premises any time, either by Tenant or by Landlord on Tenant's behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the demised premises. Nothing in this Article shall be construed to give Landlord title to or prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal or any such from the premises or upon removal of other installations as may be required by Landlord, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules immediately and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost expense repair and expense restore the premises to the condition existing prior to installation and in good workmanlike manner erect repair any damage to the demised premises or the building due to such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirementsremoval. All shelves, bins, machinery and trade fixtures installed by Tenant may property permitted or required to be removed by Tenant prior at the end of the term remaining in the premises after Tenant's removal shall be deemed abandoned and may, at the election of Landlord, either be 2 The Commencement Date shall be the earlier to occur of (i) March 31, 2008, the scheduled expiration of a lease by and between Landlord and Digital Convergence Corporation, as Tenant, for the Demised Premises (hereinafter the "Digital Lease"), or (ii) in the event of the early termination of the Digital Lease, ten (10) business days following Landlord's written notice that the Digital Lease has terminated. Notwithstanding the foregoing sentence, the commencement of this Lease if shall be subject to all the terms and conditions of that certain Guaranty and Compensation Agreement of even date herewith by and between Landlord, as Lessor and Tenant, as Guarantor. 3 retained as Landlord's property or removed from the premises by Landlord, at Tenant's expense. Tenant so electsshall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approval and certificates required by any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord an Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such work▇▇▇'▇ ▇▇▇pensation, general liability, personal and property damage insurance as Landlord may require. If any mechanic's lien is filed against the demised premises, or the building of which the same forms a part for work claimed to have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be removed discharged by Tenant within ten days thereafter, at Tenant's expense, by payment or filing the date of termination of this Lease or upon earlier vacating of the Premises if bond required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality of the Buildinglaw.

Appears in 1 contract

Sources: Lease Agreement (Health Management Systems Inc)

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises (including, without limitation, the including but not limited to roof and wall penetrations) without the prior written consent of Landlord, not to be unreasonably withheld, conditioned or delayed. If In the event Landlord shall, consent consents to the making of any such alterations, additions or improvements proposed by Tenant, Tenant shall construct the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all governmental applicable laws, ordinancesordinances and regulations, rules and regulations and all reasonable requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor , such consent not to be unreasonably withheld, conditioned or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereofdelayed. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building building or Development improvements and without overloading the floor or damaging such Building building or Developmentimprovements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this lease or upon earlier vacating of the Premises, reasonable wear and tear excepted; provided, however, that if Landlord so elects in writing prior to termination of this lease or upon earlier vacating of the Premises, such alterations, additions, improvements and partitions (but not Tenant's trade fixtures) shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the Premises and shall be delivered up to the Landlord with the Premises Notwithstanding the foregoing sentence, all shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease lease if Tenant so elects, and shall be removed by the date of termination of this Lease lease or upon earlier vacating of the Premises if required by Landlord; upon . Upon any such removal Tenant shall restore the Premises to their original condition, normal wear and tear excepted. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality qualities of the Building.building and other improvements situated on the Premises. (See Additional Provisions, Section 8)

Appears in 1 contract

Sources: Lease Agreement (Homegrocer Com Inc)

Alterations. Tenant shall not make or suffer to be made any alterations, additions additions, changes or improvements in, on, or to the Premises (including, without limitation, the roof and wall penetrations) or any part thereof without the prior written consent of Landlord. If Landlord shall, consent to ; and any such alterations, additions additions, changes or improvements proposed in, on, or to said Premises, except for Tenant's movable furniture and equipment shall immediately become Landlord's property and, at the end of the Term hereof, shall remain on the Premises without compensation to Tenant unless Tenant elects to remove same, in which event Tenant shall do so, and also restore the Premises to its pre-existing condition at Tenant's sole cost and expense. In the event Landlord consents to the making of any such alterations, additions, changes or improvements by Tenant, Tenant shall construct the same shall be made by Tenant, at Tenant's sole cost and expense in accordance with all governmental applicable laws, statutes, ordinances, rules and regulations public and private and all requirements of Landlord's and Tenant's insurance policies policies, and only in accordance with plans and specifications approved by Landlord; and any Landlord (such approval not be unreasonably withheld, delayed or conditioned). Any contractor or person selected by Tenant to make the same, same and all subcontractors must first be approved in writing by Landlord or, at Landlord's option and discretionopinion, the alterationsalteration, additions addition or improvements improvement shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereofthereof upon demand; provided, that should Landlord elect to perform for Tenant's account, the cost thereof to Tenant shall be competitive with any preferred estimate previously obtained by Tenant and provided to Landlord for such alteration, addition or improvements. Upon the expiration or sooner termination of the Term herein provided, Tenant may, without the consent of Landlord, but may opt to remove any improvements or alteration at its own Tenant's sole cost and expense and in good workmanlike manner erect such shelves, bins, machinery Tenant shall forthwith and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental lawsdue diligence, ordinancesat its sole cost and expense, regulations thereupon repair and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality of the Building.

Appears in 1 contract

Sources: Landlord's Consent to Second Sublease (Witness Systems Inc)

Alterations. Tenant Lessee shall not make any alterations, additions no alterations or other improvements to the Premises (including, without limitation, the roof and wall penetrations) without the Lessor's prior written consent of Landlordconsent. If Landlord shallUnless otherwise agreed, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules such improved alterations and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or other improvements shall be made by Landlord for TenantLessor at Lessee's account sole expense and Tenant shall fully reimburse Landlord for become the entire cost thereofproperty of Lessor and be surrendered with the Premises upon the expiration of this Lease. Tenant Lessor may, without at Lessor's option, require Lessee to remove any or all such alterations, improvements, decorations and furnishings and repair any damage to the consent of LandlordPremises resulting from such alterations. In the event that local, but at its own cost and expense and state or Federal government by legislative, administrative, or judicial action shall in good workmanlike any legally enforceable manner erect such shelvesby ordinance, binsact, machinery and other trade fixtures as it may deem advisablestatute, without altering order, mandate, rule, regulation or otherwise require during the basic character Term, any alteration of, or improvement to any portion of the Building or Development and without overloading building, determined by Lessor's Independent Accountants to be capital in nature based upon the floor or damaging such Building or Developmentapplication of generally accepted accounting practices ("Mandated Alterations"), and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may then the annual rent per square foot shall be removed by Tenant prior increased as follows: (i) A portion of the cost of the Mandated Alterations shall be allocated to the termination Lessee based upon the proportion that the number of this Lease if Tenant so elects, and shall be removed by the date square feet of termination of this Lease or upon earlier vacating rentable area of the Premises if required by Landlord; upon any such removal Tenant bears to the number of square feet of rentable area of the building. (ii) Lessor's Independent Accountant shall restore amortize the Premises cost over a period of not less than five (5) years in accordance with generally accepted accounting standards and allocate the annual amortization of the cost to their original condition. All such removals and restoration the net rentable area of the building in terms of annual cost per square foot of rentable area (the "Amortized Annual Cost"). (iii) Effective on the first day of the month following notice from Lessor of the computation of he Amortized Annual Cost of the Mandated Alterations, the Base Rent above shall be accomplished in a good and workmanlike manner so as increased by the Amortized Annual Cost, but not to damage exceed fifteen cents ($0.15) per square foot multiplied by the primary structure or structural quality rentable area of the BuildingPremises. The base monthly rent shall be increased by one twelfth of such amount. Notwithstanding the foregoing, Lessee shall not be obligated to contribute to the cost of any Mandated Alteration unless such Mandated Alteration is the result of an adoption of a new or changed ordinance, act, statute, order, mandate, rule or regulation or interpretation thereof not existing on January 1, 1994.

Appears in 1 contract

Sources: Office Building Lease (International Computex Inc)

Alterations. Tenant shall not make any alterations, additions or improvements Improvements to the Premises (including, without limitation, the roof and wall penetrations) premises without the prior written consent of Landlord. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner make such minor alterations, additions or improvements or erect, remove or alter such partitions, or erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building building or Development Improvements and without overloading the floor or damaging such Building building or DevelopmentImprovements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease; provided, however, that if Landlord so elects prior to termination of this lease, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease and shall be delivered up to the landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease lease if Tenant so elects, and shall be removed by Tenant at Tenant's expense if required by Landlord upon the date of expiration or termination of this Lease or upon earlier vacating of the Premises if required by Landlordlease; upon any such removal Tenant shall restore the Premises premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality qualities of the Buildingbuildings and other improvements situated on the premises.

Appears in 1 contract

Sources: Lease Agreement (Universal Beverages Holdings Corp)

Alterations. (a) Tenant shall make no alterations or changes, structural or otherwise, to any part of the Premises, either exterior or interior, without Landlord's written consent. In the event of any such approved changes, Tenant shall have all work done at its own expense. Request for such consent shall be accompanied by plans stating in detail precisely what is to be done. Notwithstanding the foregoing to the contrary, Tenant may make non-structural, cosmetic alterations to the interior of the Premises with Landlord's written consent which shall not make any alterationsbe unreasonably withheld. Tenant shall comply with the building codes, additions regulations and laws now or hereafter to be made or enforced in the municipality, county and/or state, which pertain to such work. Any additions, improvements (made after the initial improvements to the Premises Premises), alterations and/or installations made by Tenant (except only office furniture, business equipment and trade fixtures including, without limitationbut not limited to, wet laboratories, cabinetry, benches and scientific equipment; provided Tenant shall repair any damage to the roof Premises upon removal of same) shall become and wall penetrations) without remain a part of the prior written consent Building and be and remain Landlord's property upon the termination of Tenant's occupancy of said Premises; provided, however, Landlord shall notify Tenant, at the time Tenant requests Landlord's approval to make alterations, that Landlord will or will not require Tenant to remove the proposed alterations from the Premises upon the expiration or earlier termination of this Lease. If Landlord shall, consent requires Tenant to any alterations, additions or improvements proposed by Tenantremove such alterations as aforesaid, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the remove same, or, at Landlord's option and discretion, repair any damage to the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or DevelopmentPremises upon removing same, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original conditionthe condition the Premises were in upon delivery of same to Tenant, at Tenant's sole cost and expense, ordinary wear and tear and damage due to casualty not required to be repaired by Tenant excepted. All Tenant shall save Landlord harmless from and against all expenses, liens, claims or damages to either property or person which may or might arise by reason of the making of any such removals additions, improvements, alterations and/or installations. Landlord reserves the right, subject to Articles 22 and restoration shall be accomplished 52, to change, increase or reduce, from time to time, the number, composition, dimensions or location of any parking areas, signs, the Building name, service areas, walkways, roadways or other common areas or make alterations or additions to the Building, in a good its sole discretion. Landlord's approval of Tenant's plans and workmanlike manner so as not specifications under this Article 9 or any other provisions of this Lease is solely for the purpose of ascertaining whether Tenant's proposed alterations will have an adverse impact on the structural components or Common Facilities of the Building and to damage insure the primary structure or structural quality aesthetic and architectural harmony of the Tenant's proposed alterations with the remainder of the Building. No approval of plans by Landlord shall be deemed to be a representation or warranty by Landlord that such plans or the work provided for therein will comply with applicable codes, laws or regulations or be in conformance with any insurance or other requirements which affect the Premises or the Building, and Tenant shall have the sole responsibility of complying with all such requirements notwithstanding Landlord's approval of Tenant's plans. (b) NOTICE IS HEREBY GIVEN THAT LANDLORD SHALL NOT BE LIABLE FOR ANY LABOR OR MATERIALS FURNISHED OR TO BE FURNISHED TO TENANT UPON CREDIT, AND THAT NO MECHANICS' OR OTHER LIEN FOR ANY SUCH LABOR OR MATERIALS SHALL ATTACH TO OR AFFECT THE ESTATE OR INTEREST OF LANDLORD IN AND TO THE PREMISES OR THE BUILDING. WHENEVER AND AS OFTEN AS ANY LIEN ARISING OUT OF OR IN CONNECTION WITH ANY WORK PERFORMED, MATERIALS FURNISHED OR OBLIGATIONS INCURRED BY OR ON BEHALF OF TENANT SHALL HAVE BEEN FILED AGAINST THE PREMISES OR THE BUILDING, OR IF ANY CONDITIONAL ▇▇▇▇ OF SALE SHALL HAVE BEEN FILED FOR OR AFFECTING ANY MATERIALS, MACHINERY OR FIXTURES USED IN THE CONSTRUCTION, AV-BTRL6.LSE MVD-5/6/97 REPAIR OR OPERATION THEREOF, OR ANNEXED THERETO BY TENANT, TENANT SHALL FORTHWITH TAKE SUCH ACTION BY BONDING, DEPOSIT OR PAYMENT AS WILL REMOVE OR SATISFY THE LIEN OR CONDITIONAL ▇▇▇▇ OF SALE WITHIN TEN (10) DAYS OF LANDLORD'S WRITTEN REQUEST THEREFOR.

Appears in 1 contract

Sources: Office Lease (Boston Biomedica Inc)

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises (including, without limitation, the including but not limited to roof and wall penetrations) without the prior written consent of Landlord. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building building or Development improvements and without overloading the floor or damaging such Building building or Developmentimprovements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this Lease or upon earlier vacating of the Premises, provided, however, that if Landlord so elects prior to termination of this Lease or upon earlier vacating of the Premises, any or all alterations, additions, improvements and partitions as elected by Landlord shall become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and shall be delivered up to the Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality qualities of the Buildingbuildings and other improvements situated on the Premises.

Appears in 1 contract

Sources: Lease Agreement (Bioject Medical Technologies Inc)

Alterations. Tenant shall not have the right to make any alterations, alterations or additions or improvements to the Premises (includingPremises, without limitationor construct additional improvements on the Premises, the roof and wall penetrations) without subject to the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, that Landlord's prior written consent will not be necessary for any alteration, addition, or improvement of a cosmetic and non-structural nature. If Landlord shallAll work shall be made with due diligence, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance a good and workmanlike manner and in compliance with all governmental laws, ordinances, rules orders, rules, regulations, certificates of occupancy, or other governmental requirements, and regulations and provided Tenant shall provide Landlord with thirty (30) days advance notice before commencing such work, excepting the cosmetic work. Title to all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor improvements constructed or person selected installed by Tenant to make shall be and remain vested in Tenant during the same, or, at Landlord's option and discretion, the term of this Lease. All alterations, additions additions, fixtures, and improvements, whether temporary or improvements shall be permanent in character, made to the Premises by Tenant, will immediately vest in Landlord for Tenant's account and Tenant shall fully reimburse Landlord for at the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character end of the Building or Development Term of this Lease and will remain on the Premises without overloading compensation to Tenant. Notwithstanding anything to the floor or damaging such Building or Developmentcontrary in this section, and in each case after complying with all applicable governmental lawsequipment, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal removal, Tenant shall restore repair the portion of the Premises to their original conditionfrom which such equipment, shelves, bins, machinery or trade fixtures were removed. Upon Lease expiration, Tenant shall, upon Landlord's request, remove its cabling from the Premises and the Building. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality qualities of the BuildingBuildings and other improvements situated on the Premises.

Appears in 1 contract

Sources: Office Lease Agreement (F5 Networks Inc)

Alterations. Tenant Sub-subtenant shall not make any alterations, additions no changes in or improvements to the Leased Premises (including, without limitation, the roof and wall penetrations) without obtaining Landlord’s prior written consent. Subject to the prior written consent of Landlord. If Landlord shall, consent and to any the provisions of this Article 8, Sub-subtenant may make alterations, installations, additions or improvements proposed which do not affect the structure of the Premises or the Leased Premises or their utility services or plumbing and electrical lines, and provided same are in and affect only the interior of the Leased Premises, using contractors or mechanics first approved in writing by TenantLandlord. All fixtures, Tenant all electrical items and all paneling, partitions, railings and like installations installed in the Leased Premises at any time, either by Sub-subtenant or by Landlord on Sub-subtenant’s behalf, shall construct become the property of Landlord and shall remain upon and be surrendered with the Leased Premises unless Landlord, by notice to Sub-subtenant no later than thirty (30) days prior to the Lease Termination Date or before sixty (60) days after the expiration of this Lease, elects to have them removed by Sub-subtenant, in which event the same shall be removed from the Leased Premises by Sub-subtenant forthwith. Nothing in accordance with this Article 8 shall be construed to prevent Sub-subtenant’s removal of trade fixtures, but upon removal of any such trade fixtures from the Leased Premises or upon removal of other installations as may be required by Landlord, Sub-subtenant shall immediately and at its expense repair and restore the Leased Premises to the condition existing prior to installation, and shall repair any damage to the Leased Premises due to such removal. All property permitted or required to be removed by Sub-subtenant at the end of the Term remaining in the Leased Premises after Sub-subtenant’s removal shall be deemed abandoned and may be removed from the Leased Premises by Landlord at Sub-subtenant’s expense, which right of Landlord shall survive the expiration of this Lease. Sub-subtenant shall, before making any alterations, additions, installations or improvements, obtain all permits, approvals and certificates required by any governmental lawsor quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall promptly deliver duplicates of all such permits, ordinances, rules approvals and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by certificates to Landlord; and any contractor or person selected Sub-subtenant agrees to carry such workers’ compensation, general liability, personal and property damage insurance as Landlord may reasonably require. Sub-subtenant agrees to obtain and deliver to Landlord written and unconditional waivers of lien upon the real property of which the Leased Premises form a part, for all work, labor and services to be performed and materials to be furnished in connection with such work, signed by Tenant to make the sameall contractors, orsubcontractors, at Landlord's option materialmen and discretion, the alterations, additions or improvements laborers who become involved in such work. The work shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished done in a good and workmanlike manner so as not to damage and in compliance with all applicable law, ordinances, codes, governmental rules, regulations and requirements, and in accordance with the primary structure or structural quality standards, if any, of the BuildingBoard of Fire Underwriters the jurisdiction of which includes the Leased Premises.

Appears in 1 contract

Sources: Sub Sublease (Perfumania Holdings, Inc.)

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises premises (including, without limitation, the roof and wall penetrations) without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the building or improvements and without overloading or damaging such building or improvements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if at such time Landlord so elects such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and title shall pass to Landlord under this lease as by a ▇▇▇▇ of sale. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this lease if Tenant so elects, and shall be removed by the date of termination of this lease or upon earlier vacating of the premises if required by Landlord; upon any such removal Tenant shall restore the premises to their original condition, ordinary wear and tear excepted. All such removals and restoration shall be accomplished in a good workmanlike manner so as not to damage the primary structure or structural qualities of the buildings and other improvements within which the premises are situated. If Landlord shall, shall consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of shall, prior to construction, provide such assurances to Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and , (including but not limited to, surety company performance bonds) as Landlord shall reasonably require to protect Landlord against any contractor loss from any mechanics’, laborers’ or person selected by Tenant to make materialmen’s liens, or other liens. Notwithstanding the sameforegoing, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and agrees that Tenant shall fully reimburse Landlord for not be obligated to remove the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character remodeling of the Building or Development and without overloading the floor or damaging such Building or Developmentexisting offices, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior construction of new office area adjacent to the termination existing offices, installation of this Lease if Tenant so elects, lights and shall be removed by a heating system in the date of termination of this Lease or upon earlier vacating warehouse which are completed during the first six (6) months of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality of the Buildinglease term.

Appears in 1 contract

Sources: Lease Agreement (Power Solutions International, Inc.)

Alterations. Tenant shall not make any no alterations, decorations, additions or improvements in or to the Premises (including, without limitation, the roof and wall penetrations) without the Landlord's prior written consent of consent, and then only by contractors or mechanics approved by Landlord. If All such work shall be done at such times and in such manner as Landlord may from time to time designate. Tenant covenants and agrees that all work done by or pursuant to the direction and instruction of Tenant shall be performed in full compliance with all laws, rules, orders, ordinances, directions, regulations and requirements of all governmental agencies, offices, departments, bureaus and boards having jurisdiction, and of any similar body. Before commencing any work, Tenant shall give Landlord at least twenty-one (21) days written notice of the proposed commencement of such work and shall, consent if required by Landlord, secure at Tenant's own cost and expense, a completion and lien indemnity bond, satisfactory to Landlord, for said work. Landlord shall have the right at all times to post notices of non-responsibility on the Premises and record verified copies thereof in connection with all work of any kind upon the Premises. The complete set of construction documents outlining proposed interior improvements shall be furnished to Landlord before the construction commences. An executed copy of the final building permit shall be provided to Landlord before the notice of non-responsibility shall be removed from the Premises. All alterations, decorations, additions or improvements proposed upon the Premises, made by Tenant, including without limitation wall coverings, draperies, floor coverings, built-in cabinet work, paneling and the like (but excluding Tenant's trade fixtures, if any, equipment and furnishings) shall become the property of Landlord upon expiration or sooner termination of this Lease, and shall remain upon and be surrendered with the Premises as part thereof, except that Landlord may, by written notice to Tenant, given at least thirty (30) days prior to the end of the term, require Tenant to remove all partitions, counters, railings and the like installed by or pursuant to the direction and instruction of Tenant, and Tenant shall construct repair the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and premises at Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, cost or, at Landlord's option and discretionoption, the alterations, additions or improvements shall be made by pay to Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect all costs arising from such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality of the Buildingremoval.

Appears in 1 contract

Sources: Lease Agreement (Ocular Sciences Inc /De/)

Alterations. Tenant shall not make any alterations, additions no changes in or improvements to the Premises (including, demised premises of any nature without limitation, the roof and wall penetrations) without Landlord's prior written consent. Subject to the prior written consent of Landlord. If Landlord shall, consent and to any the provisions of this article, Tenant at Tenant's expenses, may make alterations, installations, additions or improvements proposed which are non-structural and which do not affect utility services or plumbing and electrical lines, in or to the interior of the demised premises by using contractors or machanics first approved by Landlord. All fixtures and all panalling, partitions, ceilling and like installations, installed in the premises at any time, either by Tenant or by Landlord in Tenant's behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the demised premises unless Landlord, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, Tenant shall construct in which event, the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for removed from the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed premises by Tenant prior to the termination expiration of the lease, at Tenant's expense. Nothing in this Lease if article shall be construed to give Landlord title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required by Landlord, Tenant so electsshall immediately and at its expense, repair and shall restore the premises to the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All property permitted or required to be removed by Tenant at the date of termination of this Lease or upon earlier vacating end of the Premises if term remaining in the premises after Tenant's removal shall be deemed abondoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed from the premises by Landlord at Tenant's expense. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by Landlord; any governmental or quasi-governmental bodies and (upon completion) certificates of final approval thereof and shall deliver promptly duplicates of all such permits, approvals and certificates to Landlord and Tenant agrees to carry and will cause Tenant's contractors and sub-contractors to carry such work▇▇▇'▇ ▇▇▇pensation, general liability, personal and property damage insurance as Landlord may require. If any such removal Tenant shall restore mechanic's lien is filed against the Premises demised premises, or the building of which the same forms a part, for work claimed to their original condition. All such removals and restoration have been done for, or materials furnished to, Tenant, whether or not done pursuant to this article, the same shall be accomplished in a good and workmanlike manner so as not to damage discharged by Tenant within ten days thereafter, at Tenant's expense, by filing the primary structure or structural quality of the Building.bond required by law. 38

Appears in 1 contract

Sources: Consent to Sublease (Movado Group Inc)

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises premises (including, without limitation, the including but not limited to roof and wall penetrations) without the prior written consent of Landlord. If In the event Landlord shall, consent consents to the making of any such alterations, additions or improvements proposed by Tenant, Tenant shall construct the same shall be made by Tenant, at Tenant's sole cost and expense in accordance with all governmental applicable laws, ordinancesordinances and regulations, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the samesame and all subcontractors must first be approved in writing by Landlord, or, at Landlord's sole option and discretion, the alterations, additions additions, or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereofthereof within (20) days after written notification of Tenant by Landlord providing Tenant with an invoice or other request (or statement). Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building building or Development improvements and without overloading the floor or damaging such Building building or Developmentimprovements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease or upon earlier vacating of the premises; provided, however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, binsbinds, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease lease if Tenant so elects, and shall be removed by the date of termination of this Lease lease or upon earlier vacating of the Premises premises if required by Landlord; upon any such removal Tenant shall restore the Premises premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality qualities of the Buildingbuilding and other improvements situated on the premises.

Appears in 1 contract

Sources: Warehouse Lease Agreement (Tekgraf Inc)

Alterations. Tenant Lessee shall not make any alterations, additions or improvements to the Premises (including, without limitation, the roof and wall penetrations) alterations without the prior written consent of LandlordLessor, said consent not to be unreasonably withheld or delayed. If Landlord shall, consent to any All alterations, additions or improvements proposed additions, fixtures, improvements, *****Confidential portions of the material have been omitted and filed separately with the Securities and Exchange Commission. and partitions erected by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements Lessee shall be made and remain the property of lessee during the term of this Lease and shall become the property of Lessor as of the date of termination of this Lease, or upon earlier vacating of the Premises, and title shall pass to Lessor under this Lease as by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereofa ▇▇▇▇ of sale. Tenant mayProvided Lessee is not in default or otherwise indebted to Lessor, without the consent of Landlordall movable office furniture, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery equipment and trade fixtures installed by Tenant Lessee may be removed by Tenant the Lessee prior to the termination of this Lease Lease, if Tenant the Lessee so elects, and shall be removed by the date of termination of this the Lease or upon earlier vacating of the Premises if required by Landlord; upon Lessor. For purposes of this Paragraph, the term “equipment and trade fixtures” shall not include HVAC, electrical, or plumbing components (including, but not limited to, air conditioning systems or electrical transformers, panels and transfer switches) or any other similar items, which would generally be installed in or affixed permanently to the Premises or Building. Upon any such removal Tenant Lessee shall restore the Premises to their its original condition, ordinary wear and tear excepted. All such removals and restoration restorations shall be accomplished in a good and workmanlike ▇▇▇▇▇▇▇ like manner so as not to damage the primary structure structure, roof or structural quality qualities of the Building.building and other improvements within which the Premises are situated. In no event shall Lessor be required to (i) compensate Lessee for alterations, additions, improvements or partitions erected by Lessee on or within the Premises, or (ii) compensate Lessee for shelves, bins, equipment and trade fixtures installed by Lessee on or within the Premises and which are not removed by Lessee at Lease termination or early vacation or the Premises by Lessee. Prior to commencing any work or installing any equipment in excess of ***** in, on or about the Premises, Building or Property, Lessee shall:

Appears in 1 contract

Sources: Business Lease (Spirit Airlines, Inc.)

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises (including, without limitation, the including but not limited to roof and wall penetrations) without the prior written consent of Landlord. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at as its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building building or Development improvements and without overloading the floor or damaging such Building building or Developmentimprovements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term of this Lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions that are not trade fixtures erected by Tenant and restore the Premises to their original condition by the date of termination of this Lease or upon earlier vacating of the Premises, provided, however, that if Landlord so elects prior to termination of this Lease or upon earlier vacating of the Premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and shall be delivered up to the Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality qualities of the Buildingbuildings and other improvements situated on the Premises.

Appears in 1 contract

Sources: Lease Agreement (Amazon Com Inc)

Alterations. Tenant shall not make any alterations, additions no changes in or improvements to the Premises (including, demised premises of any nature without limitation, the roof and wall penetrations) without Landlord's prior written consent. Subject to the prior written consent of Landlord. If Landlord shall, consent and to any the provisions of this article, Tenant at Tenant's expense, may make alterations, installations, additions or improvements proposed which are non-structural and which do not affect utility services or plumbing and electrical lines in or to the interior of the demised premises by using contractors or mechanics first approved by Landlord. All fixtures and all paneling, partitions, railings and like installations, installed in the premises at any time, either by Tenant or by Landlord in Tenant's behalf, shall, upon installation, become the property of Landlord and shall remain upon and be surrendered with the demised premises unless Landlord, by notice to Tenant no later than twenty days prior to the date fixed as the termination of this lease, elects to relinquish Landlord's right thereto and to have them removed by Tenant, Tenant shall construct in which event, the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for removed from the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed premises by Tenant prior to the termination expiration of the lease, at Tenant's expense. Nothing in this Lease if article shall be construed to give Landlord title to or to prevent Tenant's removal of trade fixtures, moveable office furniture and equipment, but upon removal of any such from the premises or upon removal of other installations as may be required by Landlord, Tenant so electsshall immediately and at its expense, repair and shall restore the premises to the condition existing prior to installation and repair any damage to the demised premises or the building due to such removal. All properly permitted or required to be removed by Tenant at the date of termination of this Lease or upon earlier vacating end of the Premises if term remaining in the premises after Tenant's removal shall be deemed abandoned and may, at the election of Landlord, either be retained as Landlord's property or may be removed from the premises by Landlord at Tenant's expense. Tenant shall, before making any alterations, additions, installations or improvements, at its expense, obtain all permits, approvals and certificates required by Landlord; any governmental or quasi-governmental bodies and (upon any completion) certificates of final approval thereof and shall deliver promptly duplicates of all such removal permits, approvals and certificates to Landlord and Tenant shall restore the Premises agrees to their original condition. All carry and will cause Tenant's contractors and sub-contractors to carry such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality of the Building.▇▇▇▇▇▇▇'▇

Appears in 1 contract

Sources: Lease Agreement (Icc Technologies Inc)

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises (including, without limitationbut not limited to, the roof and wall penetrations) without the prior written consent of Landlord. If Landlord shall, consent consents to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make contractors doing the samework, orLandlord may require, at Landlord's option sole option, that Tenant provide, at Tenant's expense, a lien and discretion, the alterationscompletion bond in an amount equal to 1-1/2 times any and all estimated costs of improvements, additions or improvements shall be made by alterations in the Premises to insure Landlord for Tenantagainst any liability or mechanic's account and Tenant shall fully reimburse Landlord for materialmen's lien which may arise in accordance with Paragraph 23 of this Lease Agreement and to insure completion of the entire cost thereofwork. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner manner, erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development improvements and without overloading the floor or damaging such Building or Developmentimprovements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease; and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their original condition by the date of termination of this lease or upon earlier vacating of the Premises, provided, however, that, if Landlord so elects, prior to termination of this lease or upon earlier vacating of the Premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the Premises and shall be delivered up to the Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease lease, if Tenant so elects, and shall be removed by the date of termination of this Lease lease or upon earlier vacating of the Premises if required by Landlord; upon . Upon any such removal removal, Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality qualities of the BuildingBuildings and other improvements situated on the Premises.

Appears in 1 contract

Sources: Lease Agreement (United Stationers Supply Co)

Alterations. Tenant shall not make any alterations, additions additions, partitions, or other improvements to the Premises (including, without limitation, the roof and wall penetrations) without the prior written consent of Landlord. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner expense, may erect such shelves, bins, machinery and other trade fixtures as it may deem advisabledesires as well as alterations, without altering additions, partitions, or other improvements which have been specifically consented to in writing by Landlord, provided that (i) such items do not alter the basic character of the Building Premises or Development and the building and/or improvements of which the Premises are a part, (ii) such items do not overload or damage the same, (iii) such items may be removed without overloading injury to the floor or damaging such Building or DevelopmentPremises, and in each case after complying (iv) the construction, erection or installation thereof complies with all applicable governmental laws, codes, ordinances, regulations regulations, or any other applicable authorities, including, without limitation, the Americans with Disabilities Act of 1990 (the "ADA"), and with Landlord's details, specifications and other requirements, (v) any architectural, engineering, construction management, permits, inspections or other cost or fee required to assure compliance with conditions set forth in this Paragraph 6 shall be paid by Tenant promptly upon demand. All alterations, additions, partitions, or other improvements erected by Tenant shall be and remain the property of Tenant during the term of this Lease; provided however, at the termination of this Lease, Landlord shall have the option, exercisable in Landlord's sole discretion, to require Tenant either upon request to remove, at Tenant's sole cost and expense, all or part of each alterations, additions, partitions, or other improvements, at which time Tenant shall promptly restore the Premises to its condition immediately prior to the commencement date, or to keep in place the same at which time such alterations, additions, improvements, and partitions shall become the property of Landlord. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by on or before the earlier to occur of the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Premises, at which time Tenant shall restore the Premises to their original condition. All such alterations, installations, removals and restoration shall be accomplished performed in a good and workmanlike manner so as not to damage or alter the primary structure or structural quality qualities of the Buildingbuildings and other improvements situated on the Premises or of which the Premises are a part.

Appears in 1 contract

Sources: Commercial Lease (Integrated Information Systems Inc)

Alterations. (a) Tenant shall not make may, without Landlord's consent, make, in any fiscal year, alterations, additions or improvements to any Site (including rental units, improvements, alterations and additions in the Premises ordinary course of business) costing less than $20,000.00 (includingprovided, without limitationhowever, alterations performed to repair the roof and wall penetrationsexisting damage at the Oakzanita Site are not subject to paragraph 23(a), (b) without the prior written consent of Landlord. If Landlord shall, consent to any or (c)) only if (i) such alterations, additions or improvements proposed will be in compliance with all applicable laws, codes, rules, regulations and ordinances, (ii) such alterations, additions or improvements will not reduce the fair market value or utility of such Site for its Permitted Use, considered as unencumbered by this Lease, and (iii) such alterations, additions or improvements will not materially and adversely affect in any way the structural, exterior or roof elements of such Site or mechanical, electrical, plumbing, waste water systems and facilities, water plants and facilities and septic facilities, utility or life safety systems of such Site. In all other cases, Landlord's prior written consent shall be required, which consent shall not be unreasonably withheld, conditioned or delayed. At Landlord's option, any improvement requiring Landlord's consent but made without Landlord's consent shall be removed and the area repaired at Tenant's expense at the termination of the Term. (b) In no event shall Tenant be permitted to install underground storage tanks or fuel systems on the Premises, or any portion thereof, except that Tenant may replace existing underground storage tanks with above-ground storage tanks which comply with all applicable Legal Requirements. (c) All alterations, additions or improvements requiring Landlord's consent shall be made at Tenant's sole cost and expense as follows: (i) Tenant shall construct the same submit to Landlord, for Landlord's written approval, complete plans and specifications for all work to be done by or for Tenant. Such plans and specifications shall be prepared by a licensed architect(s) and engineer(s) approved in accordance writing by Landlord, shall comply with all governmental lawsapplicable codes, ordinances, rules and regulations regulations, shall not adversely affect the structural elements of any Site, shall be in a form sufficient to secure the approval of all government authorities with jurisdiction over such Site, and all requirements of shall be otherwise satisfactory to Landlord in Landlord's and reasonable discretion. (ii) Landlord shall notify Tenant in writing within thirty (30) calendar days whether Landlord approves, approves on the condition that Tenant reverse the alteration at Tenant's insurance policies expense at the termination or expiration of this Lease, or disapproves such plans and only specifications. Tenant may submit to Landlord revised plans and specifications for Landlord's prior written approval, which approval shall not be withheld or delayed if (a) the work to be done would not, in accordance with Landlord's reasonable judgment, adversely affect the value, character, rentability or usefulness of any Site or any part thereof, or (b) the work to be done shall be required by any Legal Requirement. Tenant shall pay all costs, including the fees and expenses of the licensed architect(s) and engineer(s), in preparing such plans and specifications. (iii) All changes (other than field changes for which no change order is proposed and which will be reflected in the final "as built" plans) in the plans and specifications approved by Landlord shall be subject to Landlord's prior written approval. If Tenant wishes to make any such change in the approved plans and specifications, Tenant shall have such architect(s) and engineer(s) prepare plans and specifications for such change and submit them to Landlord for Landlord's written approval. Landlord shall notify Tenant in writing whether Landlord approves, approves on the condition that Tenant reverse the alteration at Tenant's expense at the termination or expiration of this Lease, or disapproves such change. Tenant may submit to Landlord revised plans and specifications for any such change for Landlord's written approval. After Landlord's written approval of such change, such change shall become part of the plans and specifications approved by Landlord; . (iv) Tenant shall obtain and any contractor or person selected comply with all building permits and other government permits and approvals required in connection with the work. Tenant shall, through Tenant's licensed contractor, perform the work substantially in accordance with the plans and specifications approved in writing by Landlord. Tenant shall pay, as Additional Rent, the entire cost of all work (including the cost of all utilities, permits, fees, taxes, and property and liability insurance premiums in connection therewith) required to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements. Under no circumstances shall Landlord be liable to Tenant for any damage, loss, cost or expenses incurred by Tenant on account of any plans and specifications, contractors or subcontractors, design of any work, construction of any work, or delay in completion of any work. (v) Tenant shall give at least ten (10) calendar days' prior written notice to Landlord of the date on which construction of any work to be done by outside contractors which requires Landlord's consent will commence. Landlord shall have the right to post and keep posted on any Site any notices that may be provided by law or which Landlord may deem to be proper for the protection of Landlord and such Site, or any portion thereof, from Liens, and to take any other action Landlord deems necessary to remove or discharge Liens, at the expense of Tenant. (vi) All alterations, additions, improvements and fixtures, whether temporary or permanent in character, made in or to any Site by Tenant, shall become part of such Site and Landlord's property, except those which are readily removable without causing material damage to such Site (which shall be made and remain the property of Tenant). Upon termination or expiration of this Lease, Tenant shall, at Tenant's expense, remove all movable furniture, equipment, trade fixtures, office machines and other personal property (including Tenant's Trade Fixtures) from each Site (but not the Improvements, Personal Property or Equipment) and repair all damage caused by such removal. Termination of this Lease shall not affect the obligations of Tenant pursuant to this paragraph 23(c) to be performed after such termination. (vii) Promptly following the completion of any alteration, addition or improvement to the Premises which costs more than $1,000,000.00 to complete, Tenant shall furnish Landlord with a copy in electronic form acceptable to Landlord of the complete plans and specifications for such work (including, if available, so-called "as-built" plans and specifications). (d) In connection with the renovations and alterations to the existing damage at the Oakzanita Site, Tenant shall deliver to Landlord complete plans and specifications (and any change orders) for all work to be done by or for Tenant's account . Such plans and Tenant specifications shall fully reimburse Landlord for the entire cost thereof. Tenant maybe prepared by licensed architect(s) and engineer(s), without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying shall comply with all applicable governmental lawscodes, ordinances, regulations rules and other requirements. All shelvesregulations, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to shall not adversely affect the termination structural elements of this Lease if Tenant so electsthe Oakzanita Site, and shall be removed in a form sufficient to secure the approval of all government authorities with jurisdiction over the Oakzanita Site. Tenant shall obtain and comply with all building permits and other government permits and approvals required in connection with the work. All alterations, additions, improvements and fixtures, whether temporary or permanent in character, made in or to the Oakzanita Site by the date of termination of this Lease or upon earlier vacating Tenant, shall become part of the Premises if required by Oakzanita Site and Landlord; upon 's property. Promptly following the completion of any such removal alteration, addition or improvement to the Oakzanita Site, Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished furnish Landlord with a copy in a good and workmanlike manner so as not to damage the primary structure or structural quality electronic form of the Buildingcomplete plans and specifications for such work (including, if available, so-called "as-built" plans and specifications).

Appears in 1 contract

Sources: Lease Agreement (Equity Lifestyle Properties Inc)

Alterations. Section 1. Tenant shall not make or cause to be made any alterations, additions or improvements improvement to the Premises (including, without limitation, the roof and wall penetrations) leased premises without the prior written consent approval of Landlord. If Tenant shall present to Landlord shall, consent to any plans and specifications for such work at the time approval is sought. Section 2. All alterations, decorations, additions and improvements made by Tenant shall be deemed to have attached to the leasehold and to have become the property of Landlord upon such attachment; upon expiration of this Lease or improvements proposed by Tenantany renewal term thereof, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements not remove any of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the such alterations, decorations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant mayimprovements, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and except that trade fixtures installed by Tenant may be removed removed, if all rents and other charges due herein are paid in full and Tenant is not otherwise in default hereunder; provided, however, that Landlord may designate by written notice to Tenant prior to the termination of this Lease if Tenant so elects, those alterations and additions which shall be removed by Tenant at the date of expiration or termination of this the Lease and Tenant shall promptly remove the same and repair any damages to the leased premises caused by such removal or upon earlier vacating shall reimburse Landlord for the cost of repairing such damage. Section 3. Landlord acknowledges that Tenant intends to construct a clean room in the high bay area of the Premises if required leased premises and related items approved by Landlord; upon any such removal . In the event Tenant elects to proceed with the construction of the clean room on the leased premises, Tenant, at its sole cost and expense, shall design, construct, repair and restore the Premises clean room in accordance with plans and specifications (as they may be amended by approved change orders, the "Tenant Plans") to their original conditionbe submitted to Landlord for its approval. All such removals The Tenant Plans shall set forth in detail the requirements for the construction of the clean room (the "Tenant Improvements") and restoration shall include, but not be limited to, all necessary civil, architectural, structural, mechanical, electrical, design and documentation required for the Tenant Improvements and shall conform to all applicable laws, ordinances, building codes, and requirements of public authorities and insurance underwriters and shall be accomplished signed and sealed by a professional engineer and/or an architect, each licensed and registered in the state in which the leased premises are located and each maintaining errors and omissions insurance coverage in the amount of at least $500,000. Tenant agrees to design and construct the Tenant Improvements in accordance with the Tenant Plans in a good and workmanlike manner so as manner, and in conformity with the construction guidelines provided by Landlord. In addition, a list of all contractors shall be submitted to Landlord for Landlord's approval, which approval shall not be unreasonably withheld. The Tenant's Plans are expressly subject to Landlord's approval, such approval not to damage be unreasonably withheld or delayed. Landlord shall review the primary Tenant's Plans and give Tenant a response regarding its approval of the same within fifteen (15) days after receipt thereof. If Landlord shall be dissatisfied in any material respect with the Tenant's Plans, Tenant shall promptly modify the same to the reasonable satisfaction of Landlord. Landlord's approval of the Tenant Plans shall not constitute a representation, warranty or agreement of, and Landlord shall have no responsibility or liability for the completeness or design sufficiency thereof or the compliance thereof with any laws, rules or regulations of any governmental or other authority. Tenant agrees that all materials to be used by it in construction of the Tenant Improvements shall be of good quality and Tenant shall not impair the structure or structural quality the roof of the Buildingbuilding in which the leased premises is located in connection therewith. Tenant agrees that it shall cause the clean room to be designed, constructed and completed in an orderly, clean and safe manner and that while the construction work is being performed, Tenant and its contractors shall provide builder's risk insurance coverage with Landlord as a named insured, which insurance coverage shall meet the criteria reasonable prescribed by Landlord. In the event that Tenant shall fail, for any cause, to complete the clean room on or before the Commencement Date, Landlord shall not be subject to any liability therefore nor shall such failure effect the validity of this Lease and Tenant's obligations hereunder, including Tenant's obligation to commence the term of the Lease and to pay rent and other sums due hereunder. Tenant will keep the leased premises free of liens of any sort and will hold Landlord harmless from any liens which may be placed on the leased premises. In the event a construction or other lien shall be filed against the leased premises or Tenant's interest therein as a result of any work undertaken by Tenant or its employees, agents, contractors or subcontractors, or as a result of any construction, repairs or alterations made by or any other act of Tenant or its employees, agents, contractors or subcontractors, Tenant shall, within twenty (20) days after receiving notice of such lien, discharge such lien either by payment of the indebtedness due the lien claimant or by filing a bond (as provided by statute) as security for the discharge of such lien provided such lien is not the result of Landlord's failure to release funds received as Improvement Rent. In the event Tenant shall fail to discharge such lien, Landlord shall after have the right to procure such discharge by filing such bond, and Tenant shall pay the cost of such bond to Landlord on demand as additional. Landlord may designate by written notice to Tenant that all or any portion of the clean room and any other alterations, additions, improvements and fixtures made by or for Tenant, shall be removed by Tenant at the expiration or termination of the Lease and Tenant shall promptly remove the same and restore and repair any damage to the leased premises caused by such removal. Section 4. In the event Tenant receives a bona fide offer from a third party to construct the Tenant Improvements (the “Proposed Construction Agreement”) which Construction Agreement Tenant desires to accept, Tenant shall give Landlord written notice of the Proposed Construction Agreement, including a description of the terms and conditions contained therein, and Landlord shall have the first right to construct the Tenant Improvements upon the same terms and conditions as set forth in the Proposed Construction Agreement. Landlord's election must be made by delivery of written notice to Tenant within three (3) business days after receipt of notice of the Proposed Construction Agreement from Tenant, and upon such exercise, Landlord and Tenant shall have an additional ten (10) days in which to enter into a binding construction agreement upon the terms set forth in the Proposed Construction Agreement and otherwise acceptable to Landlord and Tenant. In the event Landlord rejects the Proposed Construction Agreement, fails to accept the Proposed Construction Agreement within the three (3) day period, or the construction agreement is not entered into between Landlord and Tenant within the said ten (10) day period, Tenant shall have the right to enter into the Proposed Construction Agreement, and upon entering into the Proposed Construction Agreement, Tenant's first right to construct the Tenant Improvements as provided herein shall expire. Notwithstanding anything in this Article VII, Section 4 to the contrary, in the event that Tenant provides written notice to Landlord within sixty (60) days from the date of this Lease that it will use and does use pre-designed, pre-engineered modular clean rooms tested and certified to Federal Standards (FS 209E), Institute of Environmental Sciences (IES) Recommended Procedures, and ISO/FDIS (Clean Rooms and Associated Controlled Environment Standards), the option granted to Landlord in this Article VII, Section 4 will not apply.

Appears in 1 contract

Sources: Lease Agreement (Advanced Photonix Inc)

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises premises (including, without limitation, the including but not limited to roof and wall penetrations) without the prior written consent of Landlord. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building building or Development improvements and without overloading the floor or damaging such Building building or Developmentimprovements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the premises to their original condition by the date of termination of this lease and Tenant shall, unless however, that if Landlord so elects prior to termination of this lease or upon earlier vacating of the premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this lease or upon earlier vacating of the premises and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease lease if Tenant so elects, and shall be removed by the date of termination of this Lease lease or upon earlier vacating of the Premises premises if required by Landlord; upon any such removal Tenant shall restore the Premises premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality qualities of the Buildingbuildings and other improvements situated on the premises.

Appears in 1 contract

Sources: Lease Agreement (Comfort Systems Usa Inc)

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises (including, without limitationbut not limited to, the roof and wall penetrations) , without the prior written consent of Landlord. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own sole cost and expense and in a good workmanlike manner manner, make cosmetic and decorative improvements to the Premises and/or erect interior improvements such as shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building Premises or Development improvements and without overloading the floor or damaging such Building the Premises or Developmentimprovements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. Tenant shall not make any alterations, additions or improvements to the Premises which will contravene Landlord's policies insuring against loss or damage by fire or other hazards, including but not limited to public liability, or which will prevent Landlord from securing such policies from companies acceptable to Landlord. If any such alterations, additions or improvements cause the rate of fire or other insurance on the Premises by companies acceptable to Landlord to be increased beyond the minimum rate from time to time applicable to the Premises for permitted uses thereof, Tenant shall pay as Additional Rent the amount of any such increase promptly upon demand by Landlord. All alterations, additions, improvements and partitions erected by Tenant shall be and remain on the property of Tenant during the term of this Lease, and Tenant shall, unless Landlord otherwise elects as hereinafter provided, remove all alterations, additions, improvements and partitions erected by Tenant by the date of termination of this Lease or upon earlier vacating of the Premises; provided, however, that if Landlord so elects prior to termination of this Lease or upon earlier vacating of the Premises, such alterations, additions, improvements and partitions shall become the property of Landlord as of the date of termination of this Lease or upon earlier vacating of the Premises and shall be delivered up to the Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality of the Building.this

Appears in 1 contract

Sources: Lease Agreement

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises (includingincluding but not limited to roof, without limitation, the roof floor and wall penetrations) without the prior written consent of Landlord. If In the event Landlord shall, consent consents to the making of any such alterations, additions or improvements proposed by Tenant, Tenant shall construct the same shall be made by Tenant, at Tenant's sole cost and expense, in accordance with all governmental applicable laws, ordinancesordinances and regulations, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at same and all subcontractors must first be approved in writing by Landlord's option . If Landlord and discretionTenant so agree, the alterations, additions or improvements shall may be made by Landlord for Tenant's account and and, in such event, Tenant shall fully reimburse Landlord for the entire cost thereof, including a fee of fifteen percent (15%) of such cost to cover Landlord's overhead, within twenty (20) days after written notification of Tenant by Landlord providing Tenant with an invoice or other request (or statement). Promptly after completion of any alterations, additions, or improvements to the Premises made by Tenant, Tenant shall supply Landlord with a set of scaled and dimensioned, reproducible mylars of "as-built" plans for such alterations, additions or improvements, certified by Tenant's architect or space planner. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good and workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development improvements and without overloading the floor or damaging such the Building or Developmentimprovements, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the Term and Tenant shall, unless Landlord otherwise elects as herein provided, remove all alterations, additions, improvements and partitions erected by Tenant and restore the Premises to their condition, as existed after completion of the Leasehold Improvements, normal wear and tear, casualty and condemnation excepted, on or before the Lease Expiration Date or any sooner date of termination of this Lease; provided, however, that if Landlord so elects prior to termination or expiration of this Lease, such alterations, additions, improvements and partitions shall become the property of Landlord as of the Lease Expiration Date or any sooner date of termination of this Lease and shall be delivered up to the Landlord with the Premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by on or before the Lease Expiration Date or any sooner date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality qualities of the BuildingBuilding and improvements situated in the Premises. Tenant shall not be required to remove any of the Leasehold Improvements constructed pursuant to the Work Letter attached hereto as Exhibit "C." In addition, Tenant shall not be required to remove any subsequent alteration or improvement made by Tenant, provided Tenant obtains Landlord's written consent to surrender such alteration or improvement with the Premises, at the time Landlord consents to the making of such alteration or improvement.

Appears in 1 contract

Sources: Lease Agreement (Synquest Inc)

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises (including, without limitation, the roof and wall penetrations) without the prior written consent of Landlord. If Landlord shall, shall consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlordlandlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's , account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in good workmanlike manner erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building or Development and without overloading the floor or damaging such Building or Development, and in each case after complying with all applicable governmental laws, ordinances, regulations and other requirements. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original condition. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality of the Building.,

Appears in 1 contract

Sources: Lease Agreement (BGS Acquisition Subsidiary, Inc.)

Alterations. Tenant shall not make any alterations, additions or improvements to the Premises (including, without limitation, the roof and wall penetrations) premises without the prior written consent of Landlord. If Landlord shall, consent to any alterations, additions or improvements proposed by Tenant, Tenant shall construct the same in accordance with all governmental laws, ordinances, rules and regulations and all requirements of Landlord's and Tenant's insurance policies and only in accordance with plans and specifications approved by Landlord; and any contractor or person selected by Tenant to make the same, or, at Landlord's option and discretion, the alterations, additions or improvements shall be made by Landlord for Tenant's account and Tenant shall fully reimburse Landlord for the entire cost thereof. Tenant may, without the consent of Landlord, but at its own cost and expense and in a good workmanlike manner make such minor alterations, additions or improvements or erect, remove or alter such partitions, or erect such shelves, bins, machinery and other trade fixtures as it may deem advisable, without altering the basic character of the Building building or Development and without overloading the floor or damaging such Building or Developmentimprovements, and in each case after case, complying with all applicable governmental laws, ordinances, regulations and other requirements. All alterations, additions, improvements and partitions erected by Tenant shall be and remain the property of Tenant during the term of this lease. Upon the termination of this lease, the alterations, additions or improvements made to the premises prior to the commencement date shall be surrendered with the premises in the condition the same were in at the commencement of the term, subject to ordinary wear and tear and unrepaired casualty or condemnation damage. If Landlord consents to any future alterations, additions or improvements to the premises which are requested by Tenant, Landlord agrees in its consent to designate which, if any, of the same must be removed by Tenant upon the termination of this lease, and upon such termination Tenant shall be obligated to remove such designated alterations, additions or improvements and restore the affected area of the premises to the condition the same would have been in at the termination of the lease has such alterations, additions, or improvements not been made. Tenant shall not be required to remove at the termination of this lease any alterations, additions or improvements which the Landlord did not designate for removal at the time Landlord approved the same for installation. If Landlord so elects prior to termination of this lease, such alterations, additions, improvements, and partitions shall become the property of Landlord as of the date of termination of this lease and shall be delivered up to the Landlord with the premises. All shelves, bins, machinery and trade fixtures installed by Tenant may be removed by Tenant prior to the termination of this Lease lease if Tenant so elects, and shall be removed by the date of termination of this Lease or upon earlier vacating of the Premises if required by Landlord; upon any such removal Tenant shall restore the Premises to their original conditionrepair any damage caused by such removal. All such removals and restoration shall be accomplished in a good and workmanlike manner so as not to damage the primary structure or structural quality qualities of the Buildingbuildings and other improvements situated on the premises.

Appears in 1 contract

Sources: Lease Agreement (Onix Systems Inc)