Common use of Alterations Clause in Contracts

Alterations. 3.9.1 Not to make any alterations or additions to, or affecting the structure or exterior of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Premises (but the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).

Appears in 4 contracts

Sources: Lease (Learning Tree International Inc), Lease (Learning Tree International Inc), Lease (Learning Tree International Inc)

Alterations. 3.9.1 Not to Except as provided in the immediately preceding subparagraph, and except for non-structural and non-Building system alterations not in excess of Seventy-Five Thousand Dollars ($75,000) in any Lease Year, Tenant shall make any alterations or additions to, or affecting the structure or exterior of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other no alterations or additions to the Premises (but “Alterations”) without the erectionprior written consent of Landlord, alteration or removal by the Tenant of internal demountable partitioningwhich consent may be withheld in Landlord’s reasonable discretion, and consequential adjustments then only by contractors or mechanics approved by Landlord in writing and upon the approval by Landlord in writing of ductingfully detailed and dimensioned plans and specifications pertaining to the Alterations in question, ceiling tilesto be prepared and submitted by Tenant, light fittings at its sole cost and wiringexpense. Tenant shall, is authorised without at its sole cost and expense, obtain all necessary approvals and permits pertaining to any Alterations approved by Landlord. If Landlord, in approving any Alterations, specifies a reasonable commencement date therefor, Tenant shall not commence any work with respect to such consent if the plans Alterations prior to such date. Tenant hereby indemnifies, defends and agrees to hold Landlord free and harmless from all liens and claims of the partitions (lien, and all other liability, claims and demands arising out of any work done or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions material supplied to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord request of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged Tenant in connection with their design any Alterations. If permitted Alterations are made, they shall be made at Tenant’s sole cost and expense and shall be and become the property of Landlord, except that Landlord may, provided notice is given to Tenant at the time Landlord approves such Alteration, require Tenant, at Tenant’s expense, to remove all partitions, counters, railings and other Alterations installed by Tenant, and to repair any damages to the Premises caused by such removal upon the expiration or supervision. 3.9.5 At the expiry or sooner earlier termination of the tenancy created Term. If Landlord’s approval is not required in connection with an Alteration, Landlord may require removal of such Alteration, as aforesaid, at any time within thirty (30) days after Tenant’s written request for a determination by this Lease, Landlord as to whether such Alteration shall be removed upon the expiration or earlier termination of the Term. Any and all costs attributable to or related to the extent required applicable building codes of the city in which the Building is located (or any other authority having jurisdiction over the Building) arising from Tenant’s plans, specifications, improvements, alterations or otherwise shall be paid by the Tenant at its sole cost and expense. With regard to repairs, Alterations or any other work arising from or related to this Article 5, Landlord shall be entitled to reinstate the Premises by removing any alterations made by the Tenant receive an administrative fee of two percent (2%). The construction of initial improvements to the Premises during shall be governed by the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction terms of the Landlord or Tenant work letter, attached hereto as Exhibit C, and not the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a)terms of this Article 5.

Appears in 4 contracts

Sources: Consent to Sublease (Editas Medicine, Inc.), Sublease (Editas Medicine, Inc.), Sublease (Editas Medicine, Inc.)

Alterations. 3.9.1 Not to make any alterations or additions toExcept for non-structural Alterations that (i) do not exceed $5,000 in the aggregate, or affecting (ii) are not visible from the structure or exterior of the Premises Premises, (iii) do not affect any Building System or the appearance structural strength of the Premises as seen from Building, (iv) do not require penetrations into the exterior. 3.9.2 To submit to floor, ceiling or walls, and (v) do not require work within the Landlord sufficient information to enable walls, below the Landlord to assess floor or above the impact of the proposed alteration on the energy efficiencyceiling, Operational Rating Tenant shall not make or Asset Rating of the Premises permit any Alterations in or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Premises without first obtaining Landlord’s consent, which consent shall not be unreasonably withheld. With respect to any Alterations made by or on behalf of Tenant (but whether or not the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions Alteration requires Landlord’s consent): (or details of the alteration or removal of partitioningi) are deposited with the Landlord not less than 7 10 days before such works commence). 3.9.4 If prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the alterations or additions to Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor plans and specifications delivered to, and, if required above, approved by the Landlord, (iv) Tenant shall pay Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s all reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations costs and additions and, as the case may be, by the consultants engaged expenses in connection with their design Landlord’s review of Tenant’s plans and specifications, and of any supervision or supervision. 3.9.5 At inspection of the expiry construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or sooner termination of the tenancy created by this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the extent condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required by to remove the Landlord to reinstate Alterations at the Premises by removing expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction structural portion of the Landlord Property, any Building System or any other equipment or facilities serving the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a)Building or any occupant.

Appears in 4 contracts

Sources: Lease Agreement (Free for All, Inc), Lease Agreement (Free for All, Inc), Lease Agreement (Free for All, Inc)

Alterations. 3.9.1 Not Tenant shall not permit alterations in or to the Leased Premises unless and until the plans have been approved by Landlord in writing, which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant shall have the right without Landlord's consent, and in compliance with all other provisions of this Section, to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or additions toelectrical systems, do not adversely affect the Building's appearance or affecting value, and the structure or exterior cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Premises or the appearance Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the Premises as seen from realty and the exterior. 3.9.2 To submit property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the original construction of the Building. No person shall be entitled to any lien derived through or under Tenant for any labor or material furnished to the Landlord sufficient information Leased Premises, and nothing in this Lease shall be construed to enable the constitute a consent by Landlord to assess the impact creation of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Premises (but the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 lien. If any of lien is filed against the alterations Leased Premises for work claimed to have been done for or additions material claimed to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works have been furnished to procure: (a) that they are carried out only by a contractor approved by the Landlord (Tenant, Tenant shall cause such approval not lien to be unreasonably withheld or delayed); and discharged of record within thirty (b30) at the Landlord’s reasonable requestdays after filing. Tenant shall indemnify Landlord from all costs, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations losses, expenses and additions and, as the case may be, by the consultants engaged attorneys' fees in connection with their design any construction or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created alteration under this Section 7.03, not performed by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor an affiliate, and taking into account the obligation in Clause 3.7.1(a)any related lien.

Appears in 4 contracts

Sources: Office Lease (Interactive Intelligence Group, Inc.), Office Lease (Interactive Intelligence Group, Inc.), Office Lease (Interactive Intelligence Group, Inc.)

Alterations. 3.9.1 Not Except as otherwise expressly set forth in this Section, Tenant shall not make or allow to make be made any alterations structural, non-structural or additions tocosmetic alterations, additions, modifications, or affecting the structure or exterior of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions improvements to the Premises (but “Alterations”) without Landlord’s express written consent, which consent may be granted or denied in Landlord’s sole discretion. Furthermore, L▇▇▇▇▇▇▇’s consent hereunder may be conditioned upon the erectionrequirement that upon demand by Landlord on expiration or earlier termination of this Lease, alteration or removal by Tenant, at Tenant’s sole cost and expense, shall remove any such Alterations and restore the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans portion of the partitions (Premises so altered to its original condition, reasonable wear and tear excepted. Unless Landlord requires otherwise, all Alterations shall become the property of Landlord and shall be surrendered with the Premises as a part thereof, at the expiration or details earlier termination of the alteration or removal of partitioning) are deposited with Lease. Notwithstanding anything to the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions contrary set forth in this Section 9.2, Tenant shall be allowed to make non-structural Alterations to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (without Landlord’s prior approval, provided such approval Alterations shall not to be unreasonably withheld or delayed)exceed $5,000 in total cost including materials, design and construction costs; and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the provided further that such alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction shall not include alteration of the Landlord or Tenant Electrical Systems, any portion of the Building or Premises plumbing system, any portion of the Landlord HVAC System, or ceiling grid. In the event Tenant desires to complete any Alterations not otherwise requiring Landlord’s surveyor approval, Tenant shall provide Landlord with written notice of its intent to complete such Alterations not less than 30 days prior to the date on which Tenant intends to start such alterations and taking into account such notice shall include a reasonable description of the obligation work to be completed. Notwithstanding the foregoing, Landlord shall have the right to specify the day(s) of the week and the time of day that any such work can be completed by Tenant; in Clause 3.7.1(a)this regard, Landlord expressly retains the right to dictate that any such Alterations must be completed on weekends, after customary business hours, or at such other dates and times as the building is not open to the public. In the event Tenant desires to complete Alterations requiring Landlord’s approval, Tenant shall provide Landlord with written notice of its intent to complete such Alterations not less than 120 days prior to the date on’ which Tenant intends to start such alterations and such notice shall include a detailed scope of work and the anticipated start and end dates for construction. All such Alterations (a) shall equal or exceed the then-current standard for the Building and shall utilize only new, first or top-grade materials, (b) shall be completed in conformity with all applicable laws, ordinances, regulations and requirements, after obtaining any required permits and licenses, (c) shall be commenced only upon Landlord’s express written approval of detailed construction plans and specifications, (d) shall be commenced only after Tenant has provided to Landlord such indemnification or bonds, including, without limitation, a performance and completion bond, in such form and amount as may be satisfactory to Landlord, to protect against claims and liens for labor performed and materials furnished, and to insure the completion of any change, addition or improvement, (e) shall be carried out by persons approved in writing by L▇▇▇▇▇▇▇, who, if required by Landlord, deliver to Landlord before commencement of their work proof of such insurance coverage as Landlord may require, with Landlord named as an additional insured, and (f) shall be done only at such time and in such manner as Landlord may reasonably specify. Tenant shall indemnify, defend and hold harmless Landlord from and against all liens, claims, damages, losses, liabilities and expenses, including attorneys’ fees, which may arise out of, or be connected in any way with any Alterations. Within ten (10) days following the imposition of any lien resulting from any Alterations, Tenant shall cause such lien to be released of record by payment of money or posting of a proper bond.

Appears in 4 contracts

Sources: Lease Agreement (Fatpipe Inc/Ut), Lease Agreement (Fatpipe Inc/Ut), Lease Agreement (Fatpipe Inc/Ut)

Alterations. 3.9.1 Not Subject to make the requirements of Article IX below and any alterations insurers providing insurance coverage thereto, Tenant may make, at its sole cost and expense, such alterations, improvements and additions of any kind to the Premises (collectively referred to herein as the “Alterations”) as Tenant deems desirable in the conduct of its business provided that such Alterations: (a) do not reduce, diminish or additions tootherwise adversely affect the fair market value or utility of the Premises, or affecting any part thereof; (b) do not reduce, diminish or otherwise adversely affect the structure useful life of the Premises, or exterior any part thereof; and/or (c) do not change the general character or use of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiencyany part thereof. All alterations, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or improvements, expansions and additions to the Premises (but Premises, or any part thereof, shall be made in a good and workmanlike manner and in compliance with applicable laws, ordinances, rules, regulations, codes and requirements and any recorded covenants, conditions or restrictions relating to the erectionPremises, alteration or removal any part thereof. All alterations, improvements, expansions and additions which are not movable trade fixtures shall be the property of Landlord and shall remain upon and be surrendered with the Premises. To the extent such Alterations involve changes to the structure or systems of the Premises, as reasonably determined by Tenant’s architect or engineer, Tenant shall furnish to Landlord, prior to the Tenant commencement of internal demountable partitioningconstruction, the proposed plans and specifications for Landlord’s approval, which approval shall not be unreasonably withheld, conditioned or delayed, and consequential adjustments upon completion of ductingconstruction, ceiling tiles“as-built” plans and specifications for such Alterations. Landlord shall provide Tenant with its objections, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created by this Leasewriting, to the extent required by the Tenant’s proposed plans and specifications within fifteen (15) days after receipt from Tenant. Tenant shall submit revised plans and specifications until such time as Landlord has approved Tenant’s proposed plans and specifications for such Alterations. If Landlord fails to reinstate the Premises by removing any alterations made by the Tenant object, in writing, to the Premises during the Term so as Tenant’s proposed plans and specifications within fifteen (15) days after receipt from Tenant, Landlord shall be deemed to yield up the Premises in an open plan configuration with all stud have approved such proposed plans and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a)specifications.

Appears in 3 contracts

Sources: Master Lease (Foundation Healthcare, Inc.), Master Lease (Graymark Healthcare, Inc.), Master Lease (Graymark Healthcare, Inc.)

Alterations. 3.9.1 Not (a) Tenant may, at its expense, including funds made available in the TI Allowance account, make additions to and alterations of the Improvements and construct additional Improvements and make any alterations or additions tosubstitutions and replacements for the Improvements (“Alterations”), or affecting provided that Tenant delivers a written statement identifying the structure or exterior Alterations being made, when they are being made and their cost and certifying that (i) the Fair Market Value (as defined in Section 2, above) of the Premises shall not be lessened thereby other than in a deminimus manner and such Alterations will not permanently reduce the square footage of the Improvements, (ii) such Alterations shall be completed in a good and workmanlike manner, free of Liens and in compliance with all applicable Legal Requirements and all insurance policies required to be maintained by Tenant hereunder, and (iii) such Alterations will not adversely affect the building systems or structural integrity of the appearance Premises. Prior to commencing any Alteration the cost of which, either alone or together with any other Alterations (other than those of a merely cosmetic nature (e.g. paint, wall and floor coverings, window treatments) made without Landlord’s consent since the last instance in which Landlord provided written consent to Alterations, exceeds Two Million Dollars ($2,000,000), Tenant shall have first obtained Landlord’s written consent, which consent shall not be unreasonably withheld. Landlord’s consent shall not be required for Alterations of a merely cosmetic nature. If Landlord's consent is required under this Section 10 and Landlord has not provided Tenant with Landlord's approval or disapproval within twenty (20) days after Landlord's receipt of from Tenant of plans and specifications and other reasonable information requested from Landlord, and such failure continues for ten (10) days after Landlord's receipt of written a second request from Tenant, Landlord will be deemed to have approved the request. Upon Landlord’s request, Tenant shall provide Landlord with copies of the plans and specifications, if available for any such additions and alterations. Before making any Alterations, Tenant shall obtain, at its sole cost, including being entitled to use funds available in the TI Allowance account, all necessary permits and approvals required to perform the proposed Alteration. All such Alterations shall be and remain part of the realty and the property of Landlord and shall be subject to this Lease. Landlord agrees to execute such utility easements, building permit applications, zoning changes and other similar governmental applications as Tenant may reasonably deem necessary or requisite in connection with any such addition and/or alteration, provided such utility easements, building permit applications, zoning changes and other similar governmental applications do not result in any on-going liability on the part of Landlord for which Landlord is not indemnified for hereunder or change the nature of the Premises as seen from the exteriorwhen compared to Comparable Buildings. Tenant shall reimburse, upon demand, all out-of-pocket fees and costs reasonably incurred by Landlord and its successors and assigns in connection with reviewing any request for consent to Tenant Alterations. 3.9.2 To submit to (b) Notwithstanding the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiencyforegoing paragraph, Operational Rating or Asset Rating of Tenant may place upon the Premises any inventory, fixtures, machinery, equipment or the Building. 3.9.3 Not other improvements which can be removed without the consent of the Landlord to make any other alterations or additions structural damage to the Premises (but “Tenant’s Trade Property”) and may remove the erectionsame at any time during the Term of this Lease. Landlord agrees, alteration within ten (10) Business Days of Tenant’s request and at Tenant’s expense, to execute a waiver or removal by the Tenant subordination of internal demountable partitioning, and consequential adjustments its statutory or contractual landlord’s lien to any holder of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If a valid security interest in any of Tenant’s Trade Property or to any bona fide lessor of Tenant’s Trade Property provided that the alterations holder of such security interest, or additions such lessor, agrees in writing to repair any damage which may be done to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by as a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlordresult of a removal of any of Tenant’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing Trade Property. Tenant shall promptly repair any alterations made by the Tenant damage to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such caused by its removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlordany of Tenant’s surveyor and taking into account the obligation in Clause 3.7.1(a)Trade Property.

Appears in 3 contracts

Sources: Lease Agreement, Lease Agreement, Lease Agreement

Alterations. 3.9.1 Not After the Commencement Date, Tenant shall not make or permit any Alterations in, on or about the Premises, except for nonstructural Alterations not exceeding Twenty-Five Thousand and no/100ths Dollars ($25,000.00) in cost during any twelve (12) month period, without the prior written consent of Landlord, which consent shall not be unreasonably withheld, and according to plans and specifications reasonably approved in writing by Landlord. Notwithstanding the foregoing, Tenant shall not, without the prior written consent of Landlord, make any (i) alterations or additions to, or affecting to the structure or exterior of the Building; (ii) alterations to and penetrations of the roof of the Building; or (iii) alterations visible from outside the Building to which Landlord may withhold Landlord's consent on wholly aesthetic grounds. All Alterations shall be installed at Tenant's sole expense, in compliance with all applicable laws and permit requirements by a licensed contractor, shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of either the Building or the appearance Premises. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant's Personal Property; provided, however, that Landlord may, at its option, require that Tenant, at Tenant's expense, remove any or all Alterations installed by Tenant and return the Premises to their condition as of the Premises as seen from the exterior. 3.9.2 To submit Commencement Date of this Lease, normal wear and tear excepted and subject to the Landlord sufficient information to enable the Landlord to assess the impact provisions of the proposed alteration on the energy efficiencyParagraph 23. If Tenant removes any Alterations as required or permitted herein, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make Tenant shall repair any other alterations or additions and all damage to the Premises (but caused by such removal and return the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans Premises to their condition as of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions Commencement Date, normal wear and tear excepted and subject to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord provisions of duty Paragraph 22. Notwithstanding any other provision of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, Tenant shall be solely responsible for the maintenance and repair of any Alterations made by it to the extent required Premises. The provisions of this Paragraph 12 shall not apply to the Tenant Improvements which shall be governed by the Landlord to reinstate provisions set forth in the Premises by removing any alterations made by the Tenant to the Premises during the Term so Work Letter Agreement attached as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).EXHIBIT D.

Appears in 3 contracts

Sources: Standard Single Tenant Lease Triple Net (Media Arts Group Inc), Standard Single Tenant Lease Triple Net (Media Arts Group Inc), Standard Single Tenant Lease Triple Net (Media Arts Group Inc)

Alterations. 3.9.1 Not (a) Except as hereinafter expressly provided, Tenant shall not make or permit to be made any alterations, additions, changes or improvements in or to the Leased Premises or any part thereof which would cost in excess of Twenty-Five Thousand Dollars ($25,000) without first obtaining the written consent of Landlord thereto (which consent Landlord agrees not to unreasonably withhold, condition or delay, provided Tenant has fully complied with each and every term, covenant and condition in this Lease and, with respect to such alterations, additions, changes or improvements, has provided Landlord with such liability insurance policies and/or surety bonds as Landlord may reasonably request). Notwithstanding the foregoing, Tenant shall not make or permit to be made any alterations alterations, additions, changes or improvements in or to the structural components of the Leased Premises (regardless of cost) without first obtaining the written consent of Landlord, which otherwise shall be subject to the foregoing terms and conditions. (b) Before requesting Landlord’s consent, Tenant shall submit to Landlord detailed plans and specifications in duplicate of such proposed alterations, changes, additions toor improvements, one of which copies may be retained by Landlord. Landlord shall be entitled to withhold its consent to any such alterations, additions, changes, or affecting improvements, until such time as Tenant provides Landlord with reasonable evidence of the structure approval of such alterations, additions, changes or exterior improvements by any and all municipal, state, federal or other governmental or other authorities, offices and departments now existing or hereafter created having jurisdiction over the Premises, and of the Board of Fire Underwriters or other like body, which approvals Tenant shall obtain at its own cost and expense. (c) Landlord, its architect, agents and employees, shall, upon reasonable notice, have the right to enter upon the Leased Premises in a reasonable manner and at all reasonable times during the course of any such alterations, additions, changes or improvements for the purpose of inspection and of finding out whether such work conforms to the approved plans and specifications and with the agreements herein contained. (d) Any and all alterations, additions, improvements and changes made by Tenant at any time and all governmental approvals therefor shall immediately be and become the property of Landlord without any payment therefor by Landlord; provided, however, that it is expressly understood and agreed that any trade fixtures or other fixtures added by Tenant (other than those which are required by the terms of this Lease to be provided by Tenant as a result of its obligation to repair or replace property furnished by Landlord) shall remain the property of Tenant and may be removed by Tenant, at Tenant’s expense, upon the expiration or earlier termination of this Lease, provided that any damage caused thereby is immediately repaired by Tenant. (e) Tenant, at its own cost and expense, will cause any and all mechanics’ liens and perfections of the same which may be filed against the Leased Premises to be paid and satisfied of record within thirty (30) days after Landlord shall send to Tenant written notice by registered mail of the filing of any notice thereof against the Premises or the appearance owner, for or purporting to be for labor or materials alleged to be furnished or to be charged by or for Tenant at the Leased Premises, or will bond such mechanics’ liens within said thirty (30) day period and use its good faith efforts to have such liens discharged by an order of the Premises a court of competent jurisdiction as seen from the exteriorpromptly as possible. 3.9.2 To submit (f) Any alterations, improvements or other work once begun must be prosecuted with reasonable diligence to completion and, subject to the Landlord sufficient information to enable provisions of Subsection 12(e), above, be paid for by Tenant in full, free and clear of liens or encumbrances against the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Leased Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Premises (but the erection, alteration or removal by the Tenant of internal demountable partitioningLandlord, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited must be performed in all respects in accordance with the Landlord not less than 7 days before such works commence)law. 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).

Appears in 3 contracts

Sources: Lease Agreement (Northern Power Systems Corp.), Lease Agreement (Northern Power Systems Corp.), Purchase and Sale Agreement (Wind Power Holdings Inc)

Alterations. 3.9.1 Not to make any alterations Any alterations, additions and improvements in or additions toupon the Subleased Premises shall be made by Tenant only after prior written consent by Sublessor, or affecting which consent shall not be withheld if Landlord consents thereto. Upon the structure or exterior of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Premises (but the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created term hereof, all such alterations, additions and improvements (except personal property, business and trade fixtures, machinery and equipment, furniture and movable partitions owned by this LeaseTenant) shall be and remain part of the Subleased Premises and shall not be removed by Tenant unless such removal is required by Sublessor, in which case Tenant shall remove the same and restore the Subleased Premises to the extent required same condition in which they were on the date hereof, reasonable and ordinary wear and tear excepted. Personal property, business and trade fixtures, machinery and equipment, furniture and movable partitions owned by Tenant shall be and remain the property of Tenant and may be removed by Tenant at any time during the term hereof when Tenant is not in default hereunder. Tenant covenants and agrees to indemnify Sublessor and Landlord against, and hold Sublessor and Landlord harmless from, all liens, whether for labor or materials arising as the result of alterations, additions, repairs, or improvements to reinstate the Subleased Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction term of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a)this Sublease.

Appears in 3 contracts

Sources: Purchase and Sale Agreement (Bison Instruments Inc), Lease Termination Agreement (Bison Instruments Inc), Lease Termination Agreement (Bison Instruments Inc)

Alterations. 3.9.1 Not Tenant shall have the right from time to time after the completion of the Building(s) and at its sole cost and expense to make additions, alterations and changes, structural or otherwise (any alterations or additions to, or affecting the structure or exterior of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Premises (but the erectionaddition, alteration or removal by change involving an estimated cost up to but not exceeding $750,000, reasonably adjusted for inflation every 5 Years in the Tenant same manner as the Base Rent is adjusted pursuant to Section 4.1 hereof, being called an “Alteration” and any addition, alteration, or change involving an estimated cost of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (more than $750,000 being hereinafter called a “Substantial Alteration”) in or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by Premises, provided no Event of Default shall be continuing, subject, however, in all cases to the Landlord under Clause 3.9.3 are mechanical or engineering works to procurefollowing: (a) that they are carried out only No Substantial Alteration shall be commenced except after twenty (20) days prior written notice to Landlord. (b) No Alteration or Substantial Alteration shall be undertaken until Tenant shall have procured and paid for, so far as the same may be required from time to time, all permits and authorizations from all municipal departments and governmental sub-divisions having jurisdiction. Landlord shall join, but without expense to Landlord, in the application for such permits or authorizations whenever such action is necessary. (c) Any Substantial Alteration (other than alterations affecting the plumbing, heating, electrical and other Building utilities) shall be conducted under the supervision of an architect or engineer selected by a contractor Tenant, and no such Substantial Alteration shall be made, except in accordance with detailed plans and specifications and cost estimates prepared and approved in writing by the Landlord (such architect or engineer and reasonably approved in writing by Landlord, such approval not to be unreasonably withheld withheld, conditioned or delayed); and. In addition to the items mentioned in the preceding sentence, Tenant shall also provide to Landlord evidence reasonably satisfactory to Landlord as to the funds available to Tenant to complete such Substantial Alteration. (bd) at the Landlord’s Any Alterations or Substantial Alterations shall be made with reasonable request, the delivery to the Landlord of duty of care undertakings dispatch (Unavoidable Delays excepted) and in terms acceptable to the Landlord by the contractors carrying out the alterations a good and additions and, as the case may be, by the consultants engaged workmanlike manner and in connection with their design or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises compliance in an open plan configuration all material respects with all stud applicable permits and demountable partitioning removed authorizations and buildings and zoning laws and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction other Legal Requirements of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a)any Governmental Authority.

Appears in 3 contracts

Sources: Share Purchase Agreement (AmeriCann, Inc.), Share Purchase Agreement (AmeriCann, Inc.), Share Purchase Agreement (AmeriCann, Inc.)

Alterations. 3.9.1 Not to Tenant will not make any alterations demolition, alteration, installation, improvement, expansion, reduction or additions todecoration (each, an "Alteration") of or affecting the structure to any Leased Property or exterior of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiencyany part thereof, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Premises (but the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited except in accordance with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procurefollowing terms and conditions: (a) that they are carried out only by a contractor approved by The Alteration shall be undertaken in accordance with the Landlord (such approval not to be unreasonably withheld or delayed); andapplicable provisions of this Lease, Landlord's Loan Documents, the Operating Agreements, the Leases and all Legal Requirements. (b) No Event of Default shall have occurred and be continuing and no Default shall occur as a result of such action. (c) The Alteration shall not materially adversely affect the (i) Primary Intended Use or (ii) fair market value of the Leased Property in question. (d) A Material Alteration shall be conducted under the supervision of a Qualified Architect or Engineer and shall not be undertaken until ten (10) Business Days after there shall have been delivered to Landlord, for information purposes only and not for approval by Landlord, detailed plans and specifications and cost estimates therefor, prepared and approved in writing by such Qualified Architect or Engineer. Such plans and specifications may be revised at the Landlord’s reasonable requestany time and from time to time, the delivery provided that material revisions of such plans and specifications shall be delivered to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged for information purposes only. (e) Other than in connection with their design or supervision. 3.9.5 At any Restoration, the expiry or sooner termination Alteration may not, in and of the tenancy created by this Leaseitself, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises either during the Term so as to yield up Alteration or upon completion, materially adversely affect the Premises Receipts derived from the Leased Property in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made goodquestion, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation Percentage Rent requirements hereunder; provided that if, as reasonably determined by Landlord, such Alteration would materially adversely affect the Net Operating Income at such Leased Property (taking into account any amount then in Clause 3.7.1(aany reserve account funded pursuant to any Cash Management Procedures and permitted to be used in connection with such Material Alteration), then in order to proceed with the Alteration, Tenant shall deliver to a Depositary Eligible Collateral in the total amount of the estimated reduction in Net Operating Income resulting from the Alteration, which Eligible Collateral shall be returned to Tenant after substantial completion of the Alteration if the reduction in Net Operating Income has been restored and no Event of Default has occurred and is continuing.

Appears in 2 contracts

Sources: Master Lease Agreement (Vornado Operating Co), Master Lease Agreement (Vornado Operating Co)

Alterations. 3.9.1 Not Subject to the applicable provisions of this Lease, Tenant shall have the right to construct additional improvements and to make subsequent alterations, additions or other changes to any improvements or fixtures existing from time to time, and the Premises shall constitute all such improvements as they exist from time to time. In connection with any action which Tenant may take with respect to Tenant's rights pursuant hereto, Landlord shall not be responsible for and Tenant shall pay all costs, expenses and liabilities arising out of or in any way connected with such improvements, alterations, additions or other changes made by Tenant, including without limitation materialmens’ and mechanic’s liens. If any lien or encumbrance (other than those permitted hereunder or liens otherwise authorized by Landlord in writing) is filed against the Premises, within thirty (30) days of the date that Landlord or Tenant receives notice or otherwise becomes aware of the same, whichever occurs first, Tenant shall have such lien released or bonded. Tenant covenants and agrees that Landlord shall not be called upon or be obligated to make any improvements, alterations or additions torepairs whatsoever in or about the Premises, and Landlord shall not be liable or affecting the structure or exterior of accountable for any damages to the Premises or any property located thereon. Tenant shall have the appearance of right at any time to demolish or substantially demolish improvements located upon the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Premises (but the erection, Premises. No such alteration or removal by demolition shall have any impact on Tenant’s obligation to pay the Tenant of internal demountable partitioning, Base Rent or and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions other sums required to the Premises permitted by the be paid to Landlord under Clause 3.9.3 are mechanical this Lease. In making improvements and alterations, Tenant shall not be deemed Landlord's agent and shall hold Landlord harmless from any expense or engineering works to procure: (a) that they are carried out only by a contractor approved by damage Landlord may incur or suffer. During the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord term of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, title to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises all improvements shall at all times be vested in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).

Appears in 2 contracts

Sources: Land and Improvements Lease, Land and Improvements Lease

Alterations. 3.9.1 Not to make any alterations or additions toExcept for non-structural Alterations that (i) do not exceed $5,000 in the aggregate, or affecting (ii) are not visible from the structure or exterior of the Premises Premises, (iii) do not affect any Building System or the appearance structural strength of the Premises as seen from Building, (iv) do not require penetrations into the exterior. 3.9.2 To submit to floor, ceiling or walls, and (v) do not require work within the Landlord sufficient information to enable walls, below the Landlord to assess floor or above the impact of the proposed alteration on the energy efficiencyceiling, Operational Rating Tenant shall not make or Asset Rating of the Premises permit any Alterations in or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Premises without first obtaining Landlord’s consent, which consent shall not be unreasonably withheld. With respect to any Alterations made by or on behalf of Tenant (but whether or not the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions Alteration requires Landlord’s consent): (or details of the alteration or removal of partitioningi) are deposited with the Landlord not less than 7 10 days before such works commence). 3.9.4 If prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, which approval shall not be unreasonably withheld, (iii) the alterations or additions to Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor plans and specifications delivered to, and, if required above, approved by the Landlord, (iv) Tenant shall pay Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s all reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations costs and additions and, as the case may be, by the consultants engaged expenses in connection with their design Landlord’s review of Tenant’s plans and specifications, and of any supervision or supervision. 3.9.5 At inspection of the expiry construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or sooner termination of the tenancy created by this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the extent condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required by to remove the Landlord to reinstate Alterations at the Premises by removing expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction structural portion of the Landlord Property, any Building System or any other equipment or facilities serving the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a)Building or any occupant.

Appears in 2 contracts

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

Alterations. 3.9.1 Not (a) Tenant shall not make or suffer to make be made any alterations alterations, additions or additions toimprovements costing in excess of $50,000 per project (collectively, “Alterations”) in, on or affecting to the structure Premises or any part thereof without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. However, regardless of the cost of any Alteration, if such Alteration would affect the structural integrity or exterior of the Premises Premises, then Landlord shall have the right to withhold consent to such Alteration at Landlord’s discretion. Any Alterations in, on or to the appearance Premises, except for Tenant’s movable furniture and equipment, shall become Landlord’s property at the end of the Term and shall remain on the Premises as seen from without compensation to Tenant. In the exterior. 3.9.2 To submit event Landlord consents to the making of any Alterations by Tenant, the same shall be made by Tenant, at Tenant’s sole cost and expense, substantially in accordance with plans and specifications approved by Landlord, and any contractor or person selected by Tenant to make the same must be first approved in writing by Landlord, who shall not unreasonably withhold, delay or condition such consent. Tenant shall give to Landlord sufficient information to enable the Landlord to assess the impact at least five (5) business days prior notice of the proposed alteration commencement of any construction on the energy efficiency, Operational Rating or Asset Rating of the Premises or the BuildingPremises. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Premises (but the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) Notwithstanding anything herein to the contrary, Tenant shall have the right from time to time without Landlord’s consent, but with notice and provision of plans to Landlord, to: (i) relocate electrical outlets; (ii) install and remove permanent workstations (though not cubicles); (iii) install and remove Tenant’s hard-wired equipment and perform cable pulls in connection therewith; and (iv) install and remove carpeting and other floor coverings; provided that such alterations, improvements or additions do not affect the base building structural, mechanical, or electrical systems or materially adversely affect other tenants in the Building, in which case Tenant must receive Landlord consent as provided in subsection (a), above. (c) Tenant, at its expense and at any time and from time to time, may install in and remove from the Premises Tenant’s property, including, without limitation, its trade fixtures, equipment, removable walls and wall systems, furniture and furnishings, provided such installation is accomplished without damage to Building and Tenant repairs any damage occasioned by such removal. Fixtures other than trade fixtures shall become the property of Landlord at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design expiration or supervision. 3.9.5 At the expiry or sooner earlier termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).

Appears in 2 contracts

Sources: Lease Agreement, Lease Agreement (SP Plus Corp)

Alterations. 3.9.1 Not to Except as provided in the immediately preceding subparagraph, Tenant shall make any alterations no structural or additions to, or affecting the structure or exterior of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other material alterations or additions to the Premises (but "Alterations") or Alterations having a cost in excess of sixty thousand dollars ($60,000.00) in any one instance without the erectionprior written consent of Landlord, alteration which consent shall not be withheld, delayed or removal by the Tenant of internal demountable partitioningconditioned, and consequential adjustments then only by contractors or mechanics approved by Landlord in writing (which approval shall not be unreasonably withheld, delayed or conditioned) and upon the approval by Landlord in writing of ductingfully detailed and dimensioned plans and specifications pertaining to the Alterations in question, ceiling tilesto be prepared and submitted by Tenant, light fittings at its sole cost and wiringexpense. Notwithstanding anything to the contrary contained herein, is authorised without such consent if Tenant shall not be required to deliver plans and specifications to Landlord for non-structural alterations (i.e. alterations that do not affect the plans Building's structure or the Building's systems. Tenant shall, at its sole cost and expense, obtain all necessary approvals and permits pertaining to any Alterations approved by Landlord. Tenant hereby indemnifies, defends and agrees to hold Landlord free and harmless from all liens and claims of the partitions (lien, and all other liability, claims and demands arising out of any work done or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions material supplied to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord request of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged Tenant in connection with their design or supervision. 3.9.5 At any Alterations. If permitted Alterations are made, they shall be made at Tenant's sole cost and expense and shall be and become the expiry or sooner termination property of Landlord, except that specialty Alterations may be removed by Tenant at the end of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing Term (and Tenant shall repair any alterations made by the Tenant damages to the Premises during caused by such removal) provided, however, that Landlord may inform Tenant, if requested by Tenant at the time of the making of such Alteration, that Landlord will require Tenant, at Tenant's expense, to remove any specialty Alteration at the end of the Term so as and to yield up repair any damages to the Premises in an open plan configuration with caused by such removal. Any and all stud and demountable partitioning removed and with all damage due costs attributable to such removal made good, such reinstatement to be carried out under the supervision and or related to the reasonable satisfaction applicable building codes of the city in which the Building is located (or any other authority having jurisdiction over the Building) arising from Tenant's improvements shall be paid by Tenant at its sole cost and expense. With regard to repairs, Alterations or any other work arising from or related to this Article 5, Landlord shall be entitled to receive an administrative/supervision fee up to a maximum of five percent (5%), only in cases where Tenant orders the work directly from Landlord, in addition to a sum sufficient to compensate Landlord for all third party out-of-pocket costs of Landlord. The construction of initial improvements to the Premises shall be governed by the terms of the Tenant work letter, attached hereto as Exhibit C, and not the terms of this Article 5. Landlord shall not be due any review or management fee in connection with the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a)construction of Tenant's Work or Tenant's move-in.

Appears in 2 contracts

Sources: Lease (Archemix Corp.), Lease (Archemix Corp.)

Alterations. 3.9.1 Not to Tenant shall not make any alterations alterations, additions or additions to, or affecting the structure or exterior of improvements to the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not Property without the prior written consent of the Landlord to make any other alterations or additions to the Premises (but the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such which consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord shall not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) . Notwithstanding the aforesaid, Tenant, at Tenant’s sole cost and expense, may install such trade fixtures as structural integrity and support provided by the roof, exterior walls, or subfloors. All such trade fixtures shall be constructed and/or installed by contractors approved by Landlord, in a good and workmanlike manner, and in compliance with all applicable governmental and quasi-governmental laws, ordinances and regulations, as well as all requirements of Landlord’s reasonable request, Insurance carrier. Upon the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design expiration or supervision. 3.9.5 At the expiry or sooner earlier termination of the tenancy created by this Lease, to Tenant shall remove all trade fixtures and any other alterations, additions or improvements installed by Tenant within the extent required by the Landlord to reinstate Premises; and, upon such removal, Tenant shall restore the Premises to a condition substantially similar to that condition when received by removing any alterations made by Tenant reasonable wear and tear excepted. However, notwithstanding the Tenant aforesaid, upon Landlord’s written election to be exercised, if at all, when Landlord approves the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made goodproposed work, such reinstatement alterations, additions and improvements shall revert to be carried out under Landlord and shall remain within the supervision and Premises. In no event shall Landlord have any right to any of Tenant’s trade fixtures; and, except as otherwise set forth in this Lease, Tenant may remove such trade fixtures upon the reasonable satisfaction termination of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a)this Lease, provided Tenant repairs any damage caused by such removal.

Appears in 2 contracts

Sources: Office/Laboratory Lease (Tetralogic Pharmaceuticals Corp), Office/Laboratory Lease (Tetralogic Pharmaceuticals Corp)

Alterations. 3.9.1 Not to Other than in connection with Tenant's Work, Tenant shall not make any structural alterations in any portion of the Premises, nor make any alterations in the storefront or additions to, or affecting the structure or exterior of the Premises Premises, without Landlord's prior written consent, which consent may be withheld by Landlord in its sole discretion. Tenant shall not make any interior alterations affecting the common utility or the appearance common mechanical systems of the Premises as seen from Project (including, without limitation electrical, plumbing or heating, ventilating and air conditioning systems), without first obtaining the exterior. 3.9.2 To submit written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Landlord agrees that Tenant may make interior, non-structural alterations which do not affect the common utility or mechanical systems of the Project without Landlord's consent, provided that all such alterations comply with applicable codes and provided Tenant gives Landlord prior written notice of said proposed alterations. All alterations, additions and improvements provided for herein shall become, upon completion, the property of Landlord subject to the Landlord sufficient information to enable terms of this Lease. At the Landlord to assess the impact expiration of the proposed alteration on the energy efficiencyLease or earlier termination of this Lease, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Premises (but the erection, alteration or unless non-removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the was agreed to by Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created by this LeaseLandlord's initial approval, to the extent required by the Landlord to reinstate Tenant shall promptly remove all alterations, additions and improvements and any other property placed in the Premises by removing Tenant and Tenant shall repair any alterations made damage caused by such removal. Tenant shall not be required to remove any alterations, additions and improvements unless, within thirty days prior to the expiration of the Term, Landlord advises Tenant that it desires for Tenant to the Premises during the Term so as remove such alterations, additions or improvements and Tenant shall not in any event be required to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a)remove any structural improvements.

Appears in 2 contracts

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

Alterations. 3.9.1 Not Except for non-structural alterations and alterations that do not affect building HVAC, plumbing or other systems all of which not to make any exceed $25,000.00 per calendar year, Tenant shall not permit alterations in or additions to, or affecting the structure or exterior of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit to the Leased Premises unless and until Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Premises (but the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if has approved the plans therefor in writing. As a condition of the partitions (or details of the alteration or removal of partitioning) are deposited with the such approval, Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions may require Tenant to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out remove the alterations and additions andrestore the Leased Premises upon termination of this Lease; otherwise, as all such alterations shall at Landlord’s option become a part of the case may berealty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the consultants engaged original construction of the Building. No person shall be entitled to any lien derived through or under Tenant for any labor or material furnished to the Leased Premises, and nothing in this Lease shall be construed to constitute Landlord’s consent to the creation of any lien. If any lien is filed against the Leased Premises for work claimed to have been done for or material claimed to have been furnished to Tenant, Tenant shall cause such lien to be discharged of record within thirty (30) days after filing. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys’ fees in connection with their design any construction or supervisionalteration and any related lien. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).

Appears in 2 contracts

Sources: Lease (Material Sciences Corp), Lease (Material Sciences Corp)

Alterations. 3.9.1 Not to Tenant shall not, without on each occasion first obtaining Landlord’s prior written consent (which consent shall not be unreasonably withheld, conditioned or delayed), make any alterations alterations, improvements or additions to, or affecting the structure or exterior of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiencyPremises, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not except that Tenant may, without the consent of the Landlord to Landlord, make any other alterations or additions minor improvements to the interior of the Premises provided that: (but i) they do not impair the erectionstructural strength, alteration operation or removal by value of the Tenant of internal demountable partitioningBuilding, and consequential adjustments (ii) Tenant shall take all steps required or permitted by law to avoid the imposition of ductingany mechanics’ lien upon the Premises, ceiling tilesBuilding and Land. All permanent alterations, light fittings improvements and wiringadditions, is authorised without such consent if the plans except for minor alterations and improvements, become part of the partitions (or details Premises and the property of Landlord without payment therefor by Landlord and shall be surrendered to Landlord at the end of the alteration or removal of partitioning) are deposited with Term; PROVIDED, HOWEVER, if so notified by Landlord, Tenant shall, prior to the Landlord not less than 7 days before such works commence). 3.9.4 If any end of the Term, remove all and any such alterations and improvements made by Tenant after initial occupancy, or additions to the parts thereof specified by Landlord, from the Premises permitted and shall repair all damage caused by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) installation and removal; provided, further, if Tenant, in its request for approval of an alteration, clearly states in its request notice that they are carried out only by a contractor approved by the Landlord (such approval it will not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out remove the alterations and additions and, as upon the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry expiration or sooner termination of the tenancy created by this Lease, then if Landlord approves the request for consent without conditioning such approval on removing the alterations, then Tenant shall not be required to remove such alterations as so specified in Tenant’s request notice. If requested by Tenant, Landlord shall inform Tenant within ten (10) business days following receipt of notice whether Landlord shall require removal at the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during end of the Term so with respect to any specific improvements, partitions or fixtures. For purposes of this Section 14, “minor improvements” shall be defined as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a)those improvements costing no more than $50,000.

Appears in 2 contracts

Sources: Sublease Agreement, Sublease Agreement (Verrica Pharmaceuticals Inc.)

Alterations. 3.9.1 Not All improvements and alterations to make the Leased Premises to be made by Tenant shall be installed at the cost and expense of Tenant (which cost shall be payable on demand by Landlord as additional rent), but only in accordance with plans and specifications which have been previously submitted to and approved in writing by Landlord, and only by Landlord or by contractors and subcontractors approved in writing by Landlord (which approval shall not be unreasonably withheld). In connection with any request for an approval of alterations by Tenant, Landlord may retain the services of an architect and/or engineer and Tenant shall reimburse Landlord for the reasonable fees of such architect and/or engineer. 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, improvements and partitions erected by Tenant made after Lease Commencement and restore the Leased Premises to its original condition by the date of termination of this Lease or upon earlier vacating of the Leased 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 Leased Premises and title shall pass to Landlord under this Lease as by a ▇▇▇▇ of sale. All such removals and restoration shall be accomplished in a good workmanlike manner by contractors approved in writing by Landlord so as not to damage the primary structure or structural qualities of the Building. All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all governmental laws, ordinances, rules and regulations and Tenant shall, prior to construction, provide such assurances to Landlord, including but not limited to, waivers of lien, surety company performance bonds and personal guaranties of individuals of substance, as Landlord shall require to assure payment of the costs thereof and to protect Landlord against any loss from any mechanics', laborers', materialmen's or affecting other liens. As of the structure Effective Date, Tenant shall be allowed to maintain its signage located on the North side of the exterior of the building as well as interior signs in the first and third floor lobbies, provided that (i) any and all costs to maintain said signs will be paid solely by Tenant, and (ii) upon not less than thirty (30) days notice, Tenant shall at its sole cost and expense remove the exterior sign from the Building and repair any and all damage to the Building caused by such removal. In the event Landlord is installing exterior signage at the time it delivers notice to Tenant to remove its sign, Landlord agrees to pay one-half of the cost of the lift required for the removal of Tenant's sign. Upon the expiration of this Lease, any remaining signs will be removed by Tenant at Tenant's sole expense and shall remain the property of Tenant. Except as expressly set forth herein, Tenant shall have no right to install any signage on the Property or the interior or exterior of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Premises (but the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).

Appears in 2 contracts

Sources: Lease Agreement (Atlas Financial Holdings, Inc.), Lease Agreement (Atlas Financial Holdings, Inc.)

Alterations. 3.9.1 Not to Tenant shall make any alterations no alterations. installations, changes or additions to, in or affecting the structure or exterior of to the Premises or the appearance Project (collectively, “Alterations”) without Landlord’s prior written consent, provided that such consent may not be unreasonably withheld if the Alterations are reasonably necessary for the Tenant’s business and are within the general scope of the Premises as seen from Tenant Improvements. Any Alterations approved by Landlord must be performed in accordance with the exterior. 3.9.2 To submit terms hereof, using only contractors or mechanics approved by Landlord in writing and upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, to be prepared and submitted by Tenant at its sole cost and expense. Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any Alterations approved by Landlord. Tenant shall cause all Alterations to be performed in a good and workmanlike manner, in conformance with all applicable federal, state, county and municipal laws, rules and regulations, pursuant to a valid building permit, and in conformance with Landlord’s construction rules and regulations. If Landlord, in approving any Alterations, specifies a commencement date therefor, Tenant shall not commence any work with respect to such Alterations prior to such date. Tenant hereby agrees to indemnify, defend, and hold Landlord sufficient information to enable the Landlord to assess the impact free and harmless from all liens and claims of the proposed alteration on the energy efficiencylien, Operational Rating and all other liability, claims and demands arising out of any work done or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions material supplied to the Premises (but the erection, alteration by or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord request of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged Tenant in connection with their design or supervisionany Alterations. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).

Appears in 2 contracts

Sources: Standard Office Lease (Castle Biosciences Inc), Standard Office Lease (Castle Biosciences Inc)

Alterations. 3.9.1 Not Subsequent to make the completion of any alterations Landlord’s Work pursuant to Section 2, if any, Tenant shall not attach any fixtures, equipment or additions toother items to the Premises, or affecting the structure paint or exterior of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations additions, changes, alterations, repairs or additions improvements (collectively hereinafter “Alterations”) to the Premises, Building , Property, or Center without Landlord’s prior written consent, which with respect to Alterations to the Premises will not be unreasonably withheld so long as Tenant is not then in default of this Lease (but beyond any applicable cure period). For any proposed work in excess of $5,000 or that involves any Alterations to the erectionstructure of the Building or the Systems and Equipment, alteration Landlord may condition its consent on Tenant’s delivery to Landlord of a letter of credit or removal by completion bond in the amount of 50% of the estimated cost of the Alterations, conditioned upon Tenant’s timely completion of the work and payment of all persons having lien rights on account of the work. If Landlord consents to any Alterations, Landlord may post notices of nonresponsibility in accordance with law. Any Alterations so made shall remain on and be surrendered with the Premises upon expiration or earlier termination of this Lease, except that Landlord may, within thirty (30) days before expiration of this Lease or within thirty (30) days after earlier termination of this Lease elect to require Tenant to remove any or all Alterations at Tenant’s sole cost and expense; provided, however, at the time Tenant submits plans for requested Alterations to Landlord for Landlord’s approval, Tenant may request Landlord to identify which Alterations Landlord may require Tenant to remove at the termination of internal demountable partitioningor expiration of this Lease, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without Landlord shall make such consent identification simultaneous with its approval (if the plans any) of the partitions (or details Alterations. If Landlord elects to require removal of Alterations, then at its own and sole cost Tenant shall restore the Premises to the condition prior to the installation of the alteration or removal of partitioning) are deposited with (reasonable wear and tear, condemnation and casualty damage excepted), before the Landlord not less than 7 days before such works commence). 3.9.4 If any last day of the alterations term or additions within thirty (30) days after notice of its election is given, whichever is later. If after receiving Landlord’s consent to any alteration, Tenant changes or modifies its planned alteration, Tenant shall obtain Landlord’s consent to all such changes and modifications. Landlord consents to all of Tenant’s Alterations to the Premises permitted by in existence on the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord date of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).

Appears in 2 contracts

Sources: Lease (Trupanion Inc.), Lease (Trupanion Inc.)

Alterations. 3.9.1 Not Tenant may install tenant finishes in the Demised ----------- Premises and make interior alterations, additional installations, modifications, substitutions, improvements and decorations (collectively, "Alterations") in and to the Demised Premises, subject only to the following conditions: (i) any Alterations shall be made at Tenant's sole cost and expense so that the Demised Premises shall at all times be free of liens for labor and materials supplied to the Demised Premises; (ii) without the prior written approval of Landlord, Tenant shall make no Alterations (x) which are structural in nature or adversely affect in any alterations or additions to, or affecting way the structure or exterior of the Premises Demised Premises; or (y) which adversely affect or could render void or invalidate any Warranties under this Lease. In addition, without the appearance prior written approval of Landlord, Tenant shall make no Alterations to any portion of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact exterior or elevation of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not (iii) any Alterations shall be performed in a good and workmanlike manner and in compliance with all applicable laws and requirements of governmental authorities having jurisdiction and applicable insurance requirements and shall not violate any term of any agreement or restriction to which the Demised Premises are subject; (iv) Tenant, at its sole cost and expense, shall cause its contractors to maintain builder's risk insurance and such other insurance (including, without the consent of the Landlord to make any other alterations or additions to the Premises (but the erectionlimitation, alteration or removal workers compensation insurance) as is then customarily maintained for such work, all with insurers licensed by the Tenant State of internal demountable partitioningCalifornia; (v) At least fifteen (15) days prior to Tenant's commencement of any Alterations costing in excess of One Million Dollars ($1,000,000.00), and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the and specifications therefor shall be submitted to Landlord for Landlord's review and approval, which approval shall not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably "withheld or delayed)delayed provided that the provisions of this subparagraph (v) shall not apply to initial tenant improvements needed to locate a subtenant in the Demised Premises; and (bvi) at To the extent not inconsistent with the requirement set forth above, Tenant shall not be required to obtain Landlord’s reasonable request's consent to Alterations which are a subtenant's initial tenant improvements. Any Alteration shall, when completed, be of such character as not to reduce the delivery value or utility of the Demised Premises or the Building to which such Alteration is made below its value or utility to Landlord immediately before such Alteration, nor shall such Alteration alter the exterior of the Improvements or reduce the area or cubic content of the Building, nor change the character of the Demised Premises or the Building as to use without Landlord's express written consent. No change, alteration, restoration or new construction shall be in or connect the improvements with any property, building or other improvement located outside the boundaries of the Land, nor shall the same obstruct or interfere with any existing casement. Tenant shall notify Landlord in writing 30 days prior to commencing any alterations, additions or improvements to the Demised Premises so that Landlord shall have the right to record and post notices of duty nonresponsibility on the Demised Premises. Within a reasonable time period prior to commencing the alterations, additions or improvements, Tenant shall provide Landlord with copies of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations all plans and additions and, as the case may be, by the consultants engaged specifications prepared in connection with their design any such alteration, addition or supervision. 3.9.5 At improvement, as well as copies of each material amendment and change thereto, if and when applicable. All of Tenant's generators and uninterruptible power supply equipment (but in no event including the expiry primary HVAC system serving the Building), trade fixtures, movable partitions, furniture, machinery and furnishings installed by Tenant or sooner termination assignees, subtenants or licensees of Tenant shall remain the property of the tenancy created owner thereof with the right of removal, whether or not affixed and or attached to the real estate and the owner thereof shall be entitled to remove the same or any part thereof during the term or at the end of the term provided herein, provided that such owner shall repair any damage caused by such removal. Except as otherwise provided herein, all Alterations made or installed by Tenant shall remain the Property of Tenant and Tenant shall have the right to remove the Alterations at any time during the term hereof provided Tenant shall repair any damage resulting therefrom and leave the Demised Premises in a commercially reasonable condition. Notwithstanding the foregoing, any Alterations on the Demised Premises at the end of the term shall become the property of Landlord without payment therefor by Landlord, and shall be surrendered to Landlord at the expiration of the term of this Lease; provided however, if the Lease term ends prior to the thirteenth (13th) anniversary of the Lease Commencement Date, if so requested by Landlord, Tenant shall, at its sole cost and expense and in as expeditious a manner as possible remove any or all of such Alterations from the Demised Premises, to the extent required by Landlord. Tenant further agrees to repair any damage resulting therefrom and leave the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Demised Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the a commercially reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a)condition.

Appears in 2 contracts

Sources: Sublease (R2 Technology Inc), Sublease Agreement (R2 Technology Inc)

Alterations. 3.9.1 Not (a) Tenant shall not make or allow to make be made any alterations or additions toalterations, additions, or affecting improvements in or to the structure Premises (collectively, “Alterations”) without first obtaining Landlord’s written consent, which consent shall be granted or exterior denied in Landlord’s sole discretion. (b) ▇▇▇▇▇▇ agrees that all such work shall be done at Tenant’s sole cost and expense and in a good and workmanlike manner, that the structural integrity of the Building shall not be impaired, and that no liens shall attach to all or any part of the Premises, the Building, or the Property by reason thereof. Tenant shall obtain, at its sole expense, all permits required for such work. (c) Unless otherwise elected by Landlord as hereinafter provided, all Alterations made by Tenant shall become the property of Landlord and shall be surrendered to Landlord on or before the Lease Expiration Date except as otherwise set forth in this Lease. Notwithstanding the foregoing, movable equipment, trade fixtures, personal property, furniture, or any other items that can be removed without material harm to the Premises will remain Tenant’s property (collectively, “Tenant Owned Property”) and shall not become the property of Landlord but shall be removed by Tenant, at Tenant’s sole cost and expense, not later than the Lease Expiration Date. Tenant shall repair at its sole cost and expense all damage caused to the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Premises (but the erection, alteration or removal Building by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the any Alterations that Tenant is required to remove or Tenant Owned Property. Landlord not less than 7 days before such works commence). 3.9.4 If may remove any of the alterations Tenant Owned Property or additions Alterations that Tenant is required but fails to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) remove at the LandlordLease Expiration Date and Tenant shall pay to Landlord the reasonable cost of removal. Tenant’s reasonable request, obligations under this Section 8 shall survive the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design expiration or supervision. 3.9.5 At the expiry or sooner earlier termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).

Appears in 2 contracts

Sources: Lease Agreement (Greenland Technologies Holding Corp.), Lease Agreement (Greenland Technologies Holding Corp.)

Alterations. 3.9.1 Not to make any alterations Except for aesthetic or additions to, or affecting cosmetic changes that are not readily visible from the structure or exterior of the Leased Premises, Tenant shall not permit alterations in or to the Leased Premises or unless and until Landlord has approved the appearance plans therefor in writing. As a condition of such approval, Landlord may require Tenant to remove the alterations and restore the Leased Premises upon termination of this Sublease, which Landlord will expressly state in writing when approving said plans; otherwise, all such alterations shall, at Landlord's option, become a part of the Premises as seen realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the original construction of the Building. Tenant shall indemnify Landlord from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the all reasonable and documented costs, losses, expenses and reasonable attorneys' fees in connection with any construction or alteration for work performed by or on behalf of Tenant. Contractors and subcontractors authorized by Landlord to assess the impact of the proposed alteration on the energy efficiencyperform such alterations shall be subject to Landlord’s written consent, Operational Rating including any contingencies included therein. Prior to commencing any alterations performed by any contractor, Tenant or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Premises (but the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: contractor shall: (a) that they are carried out only by a contractor approved by the Landlord (obtain all permits, licenses, and approvals required for Tenant to perform such approval not to be unreasonably withheld or delayed)work; and (b) at deliver to Landlord: (i) copies of such permits, licenses, and approvals and (ii) evidence reasonably satisfactory to Landlord that Tenant and/or Tenant’s contractor has procured workers’ compensation, general liability, and personal and property damage insurance as Landlord may reasonably require; (c) cause any such work to be performed (i) in accordance with the Landlord’s reasonable requestplans approved by Landlord and (ii) in a good and workmanlike manner and in compliance with all applicable laws; (d) ensure that all contractors, the delivery to the Landlord of duty of care undertakings subcontractors, laborers, and suppliers performing work or supplying materials are paid in terms acceptable to the Landlord by the contractors carrying out the alterations full; and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises (e) during the Term so as to yield up the Premises in an open plan configuration with performance of Tenant’s work, observe and perform all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out of its obligations under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a)this Sublease.

Appears in 2 contracts

Sources: Sublease Agreement, Sublease Agreement

Alterations. 3.9.1 Not to Tenant shall not, without L▇▇▇▇▇▇▇’s prior written consent, and which consent L▇▇▇▇▇▇▇’s may grant or withhold in Landlord’s sole and absolute discretion, make any alterations alterations, additions, or additions improvements whatsoever (including, but not limited to, structural alterations, additions or affecting improvements) in or about the structure Premises, and will not do anything to or exterior on the Premises which will increase the rate of fire or other insurance on the Building or the Property. If Landlord shall fail to notify Tenant in writing of its approval of any Tenant requested alteration, addition, or improvement within thirty (30) days of the Premises or the appearance date of the Premises as seen from the exterior. 3.9.2 To submit Landlord’s receipt of such request, Landlord shall be deemed to have elected to deny its consent to the Landlord sufficient information to enable the Landlord to assess the impact applicable Tenant requested alteration, addition or improvement. All alterations, additions or improvements of the proposed alteration on the energy efficiency, Operational Rating a permanent nature made or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Premises (but the erection, alteration or removal installed by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during shall become the Term so as property of Landlord at the expiration or earlier termination of this Lease. Landlord reserves the right to yield up require Tenant, at Tenant’s sole cost and expense, to remove any alterations, improvements or additions made to the Premises in an open plan configuration with all stud by Tenant and demountable partitioning removed to repair and with all damage due restore the Premises to their condition prior to such removal made goodalteration, addition or improvement, reasonable wear and tear, unrepaired insured casualty not caused by Tenant (or by Tenant’s contractors, subcontractors, customers, employees, licensees, agents or invitees permitted or invited, whether by express or implied invitation) and condemnation excepted. Landlord shall have the right to require Tenant to pay Landlord up to a $1,500.00 administrative fee to cover Landlord’s and Landlord’s agents’ review of materials for any proposed Tenant alteration, addition or improvement and, it required, such reinstatement to be carried out administrative fee shall constitute Additional Rent under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a)this Lease.

Appears in 1 contract

Sources: Lease Agreement (Caring Brands, Inc.)

Alterations. 3.9.1 Not to make (A) For the purposes of this Section, "Alterations" shall mean any alterations or additions toalterations, additions, decorations, or affecting the structure or exterior of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit improvements to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not . Tenant shall have the right without Landlord's prior consent to make Alterations to or upon the Premises which i) are non-structural in nature, ii) do not disrupt any other tenants of the Building, iii) do not affect any Building systems, and iv) are not visible from outside the Premises; provided, however, that Tenant must furnish Landlord with notice and detailed plans and specifications of any such Alterations at least fifteen (15) days prior to the commencement of such work. Tenant shall not make or permit any other Alterations without the prior written consent of the Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. If Landlord's consent is required to an Alteration, Landlord to make may impose any other alterations or additions reasonable conditions to the Premises performance of the Alterations, including without limitation, (but i) delivery to Landlord of written and unconditional waivers from all contractors of mechanic's and materialmen's liens as to the erectionPremises, alteration the Building and the Land for all work, labor and services to be performed and materials to be furnished, signed by all contractors, subcontractors, materialmen and laborers participating in the Alterations, (ii) prior approval, which approval shall not be unreasonably withheld, conditioned or removal by the Tenant delayed, of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans and specifications and Tenant's contractor(s) with respect to the Alterations, (iii) supervision of the partitions Alterations by Landlord's representative at Tenant's expense and (iv) delivery to Landlord of payment and performance bonds naming Landlord and Mortgagee as obligees. All Alterations, whether or details not Landlord's consent is required, shall conform to the requirements of Landlord's and Tenant's insurers and of the alteration or removal of partitioning) are deposited Federal, state and local governments having jurisdiction over the Premises, shall be performed in accordance with the Landlord terms and provisions of this Lease in a good and workmanlike manner befitting a first class office building and shall not less than 7 days before such works commence). 3.9.4 If any adversely affect the value, utility or character of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to Premises. Should permits of any kind and nature be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by Federal, state or local government(s) having jurisdiction over the Landlord Premises, Tenant shall be responsible for securing the permits and the cost of same and furnishing copies of such permits to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).

Appears in 1 contract

Sources: Deed of Lease (Careerbuilder Inc)

Alterations. 3.9.1 Not to 9.1. Tenant shall not make any alterations alterations, additions or additions toimprovements in or to the Premises or engage in any construction, demolition, reconstruction, renovation or affecting other work (whether major or minor) of any kind in, at or serving the structure or exterior Premises (“Alterations”), without obtaining Landlord’s prior written consent, except Tenant may make non-structural Alterations to the interior of the Premises (excluding the roof) without such consent but upon at least ten (10) days’ prior notice to Landlord, provided that the cost thereof does not exceed One Hundred Twenty Thousand Dollars ($120,000.00) per occurrence or an aggregate amount of Three Hundred Thousand Dollars ($300,000.00) annually. Notwithstanding the appearance foregoing, Tenant will not do anything that could have a material adverse effect on the Building or life safety systems, without obtaining Landlord’s prior written consent. Any such improvements, excepting movable furniture, trade fixtures and equipment, shall become part of the Premises as seen from the exterior. 3.9.2 To submit realty and belong to the Landlord sufficient information Landlord. All alterations and improvements shall be properly permitted and installed at Tenant’s sole cost, by a licensed contractor, in a good and workmanlike manner, and in conformity with all Applicable Laws. Any alterations that Tenant shall desire to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without make and which require the consent of Landlord shall be presented to Landlord in written form with detailed plans. Tenant shall: (i) acquire all applicable governmental permits; (ii) furnish Landlord with copies of both the permits and the plans and specifications at least thirty (30) days before the commencement of the work, and (iii) comply with all conditions of said permits in a prompt and expeditious manner. Any alterations shall be performed in a workmanlike manner with good and sufficient materials. Upon completion of any Alterations, Tenant shall promptly upon completion furnish Landlord with a reproducible copy of as-built drawings and specifications for any Alterations. 9.2. At least twenty (20) days prior to make commencing any other alterations work relating to any Alterations requiring the approval of Landlord that have been so approved, Tenant shall notify Landlord in writing of the expected date of commencement. Tenant shall pay, when due, all claims for labor or additions materials furnished to or for Tenant for use in improving the Premises. Tenant shall not permit any mechanics’ or materialmen’s liens to be levied against the Premises arising out of work performed, materials furnished, or obligations to have been performed on the Premises by or at the request of Tenant. Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord Indemnitees from and against any and all Claims of any kind or nature that arise before, during or after the Term on account of claims of lien of laborers or materialmen or others for work performed or materials or supplies furnished for Tenant or its contractors, agents or employees. If Tenant fails to discharge or undertake to defend against such liability, upon receipt of written notice from Landlord of such failure, Tenant shall have fifteen (15) days (the “Defense Cure Period”) to cure such failure by prosecuting such a defense. If Tenant fails to do so within the Defense Cure Period, then Landlord may settle the same and Tenant’s liability to Landlord shall be conclusively established by such settlement provided that such settlement is entered into on commercially reasonable terms and conditions, the amount of such liability to include both the settlement consideration and the costs and expenses (including attorneys’ fees) incurred by Landlord in effecting such settlement. In the event any contractor, agent or employee notifies Tenant of its intent to file a mechanics’ or materialmen’s lien against the Premises, Tenant shall immediately notify Landlord of such intention to file a lien or a lawsuit with respect to such lien. 9.3. Tenant shall repair any damage to the Premises (but caused by Tenant’s removal of any property from the erectionPremises. During any such restoration period, alteration Tenant shall pay Rent to Landlord as provided herein as if such space were otherwise occupied by Tenant. The provisions of this Section shall survive the expiration or removal earlier termination of this Lease. 9.4. The Premises plus any Alterations, Tenant Improvements, attached equipment, decorations, fixtures and trade fixtures; movable casework and related appliances; and other additions and improvements attached to or built into the Premises made by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans either of the partitions parties (including all floor and wall coverings; paneling; sinks and related plumbing fixtures; attached benches; production equipment; walk-in refrigerators; ductwork; conduits; electrical panels and circuits; attached machinery and equipment; and built-in furniture and cabinets, in each case, together with all additions and accessories thereto), shall (unless, prior to such construction or details installation, Landlord elects otherwise in writing) at all times remain the property of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to Landlord, shall remain in the Premises permitted and shall (unless, prior to construction or installation thereof, Landlord elects otherwise in writing) be surrendered to Landlord upon the expiration or earlier termination of this Lease. For the avoidance of doubt, the items listed on Exhibit B attached hereto (which Exhibit B may be updated by Tenant from and after the Landlord under Clause 3.9.3 are mechanical or engineering works Commencement Date, subject to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, written consent) constitute Tenant’s property and shall be removed by Tenant upon the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design expiration or supervision. 3.9.5 At the expiry or sooner earlier termination of the tenancy created by this Lease, . 9.5. If Tenant shall fail to remove any of its property from the Premises prior to the extent required by expiration of the Term, then Landlord may, at its option, remove the same in any manner that Landlord shall choose and store such effects without liability to reinstate the Premises by removing Tenant for loss thereof or damage thereto, and Tenant shall pay Landlord, upon demand, any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud costs and demountable partitioning removed and with all damage expenses incurred due to such removal made goodand storage or Landlord may, at its sole option and without notice to Tenant, sell such reinstatement property or any portion thereof at private sale and without legal process for such price as Landlord may obtain and apply the proceeds of such sale against any (a) amounts due by Tenant to be carried out Landlord under the supervision this Lease and (b) any expenses incident to the reasonable satisfaction removal, storage and sale of such personal property. 9.6. Tenant shall pay to Landlord an amount equal to one and one-half percent (1.5%) of the Landlord or the cost to Tenant of all Alterations to cover Landlord’s surveyor overhead and taking into account expenses for plan review, engineering review, coordination, scheduling and supervision thereof, except that Tenant shall not be required to pay the obligation above amount for any non-structural Alterations to the extent they are within the limits set forth in Clause 3.7.1(a)Section 9.1 above and do not require Landlord’s prior consent. For purposes of payment of such sum, Tenant shall submit to Landlord copies of all bills, invoices and statements covering the costs of such charges, accompanied by payment to Landlord of the fee set forth in this Section. In addition, Tenant shall reimburse Landlord for all third-party costs actually incurred by Landlord in connection with any Alterations, including any non-structural Alterations that do not require Landlord’s prior consent. 9.7. Tenant shall require its contractors and subcontractors performing work on the Premises to name Landlord and its affiliates and any lender as additional insureds on their respective insurance policies.

Appears in 1 contract

Sources: Lease Agreement (Vireo Health International, Inc.)

Alterations. 3.9.1 Not to make any alterations or additions toExcept for non-structural Alterations that (i) do not exceed $25,000 in the aggregate, or affecting (ii) are not visible from the structure or exterior of the Premises Premises, (iii) do not affect any Building System or the appearance structural strength of the Premises as seen from Building, (iv) do not require penetrations into the exterior. 3.9.2 To submit floor, ceiling or walls, and (v) do not require work within the walls, below the floor or above the ceiling, Tenant shall not make or permit any Alterations in or to the Premises without first obtaining Landlord’s consent, which consent shall not be unreasonably withheld. With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord’s consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord sufficient information the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications delivered to, and, if required above, approved by Landlord, ( iii) the Alteration shall be performed in accordance with Landlord’s reasonable requirements relating to enable the Landlord to assess the impact of the proposed alteration on the sustainability and energy efficiency, Operational Rating and (iv) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or Asset Rating termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless Landlord gives notice to Tenant to remove it, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required to remove the Alterations at the expiration or termination of this Lease. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not affect any structural portion of the Premises Property, roofing system, any Building System or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations equipment or additions to facilities serving the Premises (but the erection, alteration Building or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence)any occupant. 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).

Appears in 1 contract

Sources: Lease Agreement (CENNTRO ELECTRIC GROUP LTD)

Alterations. 3.9.1 Not to Except as provided in the immediately preceding subparagraph, Tenant shall make any no alterations or additions to, or affecting the structure or exterior of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions more than $20,000.00 per occurrence to the Premises (“Alterations”) without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion as to alterations which adversely effect or impair the structural integrity of or the efficient and proper operation of the operating systems of the Building. Notwithstanding the foregoing, Tenant, without the need for Landlord consent but only following notice to Landlord, may perform or cause to be performed any alterations, cosmetic in nature, in the erectionPremises but only if such work is not structural in nature and does not involve Building, alteration mechanical, HVAC or removal electrical or communication systems. Tenant shall, at its sole cost and expense, obtain all necessary approvals and permits pertaining to any Alterations approved by the Landlord. Tenant hereby indemnifies, defends and agrees to hold Landlord free and harmless from all liens and claims of internal demountable partitioninglien, and consequential adjustments all other liability, claims and demands arising out of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (any work done or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions material supplied to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord request of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged Tenant in connection with their design or supervision. 3.9.5 At any Alterations. If permitted Alterations are made, they shall be made at Tenant’s sole cost and expense and, unless otherwise agreed by the expiry or sooner termination parties in writing prior to such Alterations being made, shall be and become the property of Landlord, except that Landlord may, by written notice to Tenant given at the tenancy created by this Leasetime of approval of such Alterations, require Tenant, at Tenant’s expense, to the extent required remove all partitions, counters, railings and other Alterations installed by the Landlord Tenant, and to reinstate the Premises by removing repair any alterations made by the Tenant damages to the Premises during caused by such removal. Any and all costs directly attributable to or related to compliance with the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction applicable building codes of the city in which the Building is located (or any other authority having jurisdiction over the Building) arising from Tenant’s plans, specifications, improvements, alterations or otherwise under this subsection shall be paid by Tenant at its sole cost and expense. With regard to repairs, Alterations or any other work arising from or related to this Article 5(C), Landlord shall not be entitled to receive an administrative/supervision fee (which fee shall vary depending upon whether or not Tenant orders the work directly from Landlord) sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord’s surveyor involvement with such work. The construction of Tenant’s Work shall be governed by the terms of the Tenant work letter, attached hereto as Exhibit C, and taking into account not the obligation in Clause 3.7.1(a)terms of this Article 5.

Appears in 1 contract

Sources: Office Lease (TRX Inc/Ga)

Alterations. 3.9.1 Not to make any alterations or additions toExcept for non-structural Alterations that (i) do not exceed $5,000 in the aggregate, or affecting (ii) are not visible from the structure or exterior of the Premises Premises, (iii) do not affect any Building System or the appearance structural strength of the Premises as seen from Building, (iv) do not require penetrations into the exterior. 3.9.2 To submit to floor, ceiling or walls, and (v) do not require work within the Landlord sufficient information to enable walls, below the Landlord to assess floor or above the impact of the proposed alteration on the energy efficiencyceiling, Operational Rating Tenant shall not make or Asset Rating of the Premises permit any Alterations in or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Premises without first obtaining Landlord’s consent, which consent shall not be unreasonably withheld. With respect to any Alterations made by or on behalf of Tenant (but whether or not the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions Alteration requires Landlord’s consent): (or details of the alteration or removal of partitioningi) are deposited with the Landlord not less than 7 10 days before such works commence). 3.9.4 If prior to commencing any Alteration, Tenant shall deliver to Landlord the plans, specifications and necessary permits for the Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have adequate insurance coverage naming Landlord, Liberty Property Trust and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord’s prior written approval of any contractor or subcontractor, (iii) the alterations or additions to Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor plans and specifications delivered to, and, if required above, approved by the Landlord, (iv) Tenant shall pay Landlord (such approval not all reasonable actual out-of-pocket costs and expenses, if any, paid by Landlord to be unreasonably withheld outside architects, engineers or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged similar third parties in connection with their design Landlord’s review of Tenant’s plans and specifications, and of any supervision or supervision. 3.9.5 At inspection of the expiry construction Landlord deems necessary, and (v) upon Landlord’s request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or sooner termination of the tenancy created by this Lease; at that time without payment by Landlord the Alteration shall remain on the Property and become the property of Landlord unless either (i) Landlord gives notice to Tenant to remove it, or (ii) Tenant elects to remove it, and, in either of such cases Tenant will remove it, will repair any resulting damage and will restore the Premises to the extent condition existing prior to Tenant’s Alteration. At Tenant’s request prior to Tenant making any Alterations, Landlord will notify Tenant whether Tenant is required by to remove the Landlord Alterations at the expiration or termination of this Lease. Tenant shall have no right or obligation to reinstate remove the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).Initial Tenant

Appears in 1 contract

Sources: Lease Agreement (Uroplasty Inc)

Alterations. 3.9.1 Not to Tenant shall not make any alterations alterations, improvements, or additions to, of or affecting the structure or exterior of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Premises (but collectively, "Alteration") without Landlord's advance written consent in each and every instance, which consent shall not be unreasonably withheld; provided, however, that Landlord may, in its sole and absolute discretion, withhold its consent to any Alteration that affects the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans structure of the partitions (Building or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations Building's systems. Notwithstanding the foregoing, Tenant may make minor non-structural, non-permanent decorations (specifically excluding painting or additions carpeting) without Landlord's prior consent. In the event Tenant desires to make any Alteration, Tenant shall first submit to Landlord plans and specifications therefor and obtain Landlord's written approval thereof prior to commencing any such work. Any contractor hired by Tenant must be properly insured and, if required, licensed. Each and every Alteration, whether temporary or permanent in character, made by Landlord or Tenant in or upon the Premises shall become Landlord's property and shall remain upon the Premises at the expiration or earlier termination of this Lease without compensation to Tenant (excepting only Tenant's movable office furniture, trade fixtures, office and professional equipment) unless Landlord in writing requires Tenant to remove such Alteration upon expiration of the term of this Lease or any extension period, if extended. Landlord shall serve such writing upon Tenant regarding the removal of an Alteration not later than ninety (90) days prior to the expiration of the term of this Lease or extension period, if extended, and Tenant shall thereafter remove such Alteration as herein required, repair any damage caused by such removal and restore the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord condition specified in Section 10 of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).

Appears in 1 contract

Sources: Lease Agreement (Genencor International Inc)

Alterations. 3.9.1 Not Any alterations or improvements that Sublessee desires to make to the Premises shall be made by Sublessee at its sole cost and expense. Plans and specifications for Sublessee's alterations and improvements, other than those attached as Exhibit D-1 hereto (which have already been approved by Landlord and Sublessor), shall be subject to the prior written approval of Landlord and Sublessor as provided in the Lease and herein; provided, however, that Sublessor shall not unreasonably withhold its consent to any Redacted such alterations and improvements. Sublessee shall, at Sublessee's sole cost and expense, comply promptly with all applicable statutes, ordinances, rules, regulations, orders, restrictions of record, and requirements in effect during the Term or additions to, or affecting any part of the structure or exterior Term hereof regulating the use by Sublessee of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to improvements constructed for or by Sublessee therein. Upon termination of this Sublease, Sublessee shall be responsible for the Premises (but the erection, alteration or removal by the Tenant cost of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If removing any of the alterations or additions to improvements which were installed for or by Sublessee in the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created by this LeasePremises, to the extent the same are required by to be removed pursuant to the terms of the Lease; provided, however, that Sublessee shall not be required to remove any alterations that the Landlord has confirmed in its written consent to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so this Sublease as to yield up the Premises described in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement Section 4 below will not be required to be carried out under the supervision and to the reasonable satisfaction removed upon termination of the Landlord or Lease. Sublessor acknowledges that it has approved the Landlord’s surveyor Sublessee's plans for alterations attached hereto as Exhibit D-1 and taking into account the obligation in Clause 3.7.1(a)general conditions for the construction of tenant improvements attached hereto as Exhibit D-2.

Appears in 1 contract

Sources: Sublease Agreement (Corixa Corp)

Alterations. 3.9.1 Not 23.1 Tenant will not make, install or erect in or to make the Leased Premises any alterations installations, alterations, additions or additions to, or affecting the structure or exterior of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit partitions without submitting drawings and specifications therefor to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Premises (but the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at obtaining the Landlord’s reasonable requestprior written consent in each instance. Furthermore, the delivery Tenant will obtain the Landlord’s prior written consent to any change or changes in such drawings or specifications submitted as aforesaid, Tenant will pay the reasonable cost to the Landlord of duty having its architects review such plans and changes thereto prior to proceeding with any work based on such drawings or specifications. All such work will be performed free and clear of care undertakings all mechanic’s liens and Landlord will have no liability for the performance of such work, notwithstanding its consent to any plans and specifications. Without limiting the generality of the foregoing any work performed by or for the Tenant will be performed by competent workmen whose labor union affiliations are not incompatible with those of any workmen who may be employed in terms acceptable the Building by the Landlord, its contractors or subcontractors. The Tenant will submit to the Landlord’s supervision over construction, will provide Landlord by upon request with financial assurances prior to the contractors carrying out commencement of alterations, and promptly pay to the alterations and additions and, Landlord’s or the Tenant’s subcontractors as the case may be, by when due, the consultants engaged cost of all such work and of all materials, labor and services involved therein and of all decoration and all changes in connection with their design the Building, its equipment or supervision. 3.9.5 At services necessitated thereby. The Tenant covenants that the expiry Tenant will not suffer or sooner termination of permit during the tenancy created by this LeaseTerm hereof any mechanic’s or other liens for work, to the extent required by the Landlord to reinstate the Premises by removing any alterations made labor, services or materials ordered by the Tenant or for the cost of which the Tenant may be in any way obligated, to attach to the Leased Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and or to the reasonable satisfaction of Building and that whenever and so often as any such liens will attach or claims therefor will be filed, the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).Tenant will within

Appears in 1 contract

Sources: Office Lease (M Wave Inc)

Alterations. 3.9.1 Not to Tenant shall not make any alterations alteration, addition or additions to, or affecting the structure or exterior of improvement to the Premises or any portion thereof (collectively “Alterations”) without in each instance, the appearance prior written consent of Landlord which consent shall not be unreasonably withheld. Landlord acknowledges that Tenant has advised that it will need to make some Alterations regarding venting systems for their operations that will requite reasonable roof penetrations and Landlord’s consent to such Alterations shall not be unreasonably withheld. All Alterations shall become the property of Landlord and shall remain upon and be surrendered with the Premises as seen from a part thereof at the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact termination of this Lease, or at Landlord’s option, any or all of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of Alterations must be removed by Tenant and the Premises must be restored to its original condition. Landlord agrees that upon request from Tenant at the time Tenant seeks consent from Landlord of an Alteration, Landlord shall elect whether or not the Building. 3.9.3 Not without Alterations must be removed by Tenant and the consent Premises restored to its original condition. Tenant shall not do any act which shall in any way encumber the title of the Landlord to make any other alterations or additions in and to the Premises (but the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord shall not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to permit the Premises permitted by the Landlord under Clause 3.9.3 are mechanical to become subject to any mechanics’, laborers’ or engineering works materialmen’s lien on account of labor or material furnished to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not Tenant or claimed to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery have been furnished to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged Tenant in connection with their design work of any character performed or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, claimed to the extent required by the Landlord to reinstate have been performed on the Premises by removing any alterations made by or at the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction direction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a)sufferance of Tenant.

Appears in 1 contract

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

Alterations. 3.9.1 Not to make any alterations No alterations, additions or additions to, or affecting the structure or exterior of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit improvements shall be made to the Building or any part thereof by or on behalf of Tenant without first submitting a detailed description thereof to Landlord sufficient information to enable and obtaining Landlord’s written approval which shall not be unreasonably withheld, conditioned or delayed provided, however, Landlord’s approval shall not be required in connection with alterations, additions or improvements each costing Fifty Thousand ($50,000.00) Dollars or less so long as: (1) Tenant has obtained all requisite governmental permits and approvals; and (ii) the Landlord to assess the impact of the proposed alteration on the energy efficiencyalterations, Operational Rating additions or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Premises (but the erection, alteration or removal by the Tenant of internal demountable partitioning, improvements are non-structural in nature and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord do not less than 7 days before such works commence). 3.9.4 If affect any of the alterations Building’s mechanical or other systems; (iii) upon the completion of each alteration, addition or improvement Tenant provides Landlord notice thereof; and (iv) if the relocation of walls is involved in the alteration, addition or improvement, Tenant provides to Landlord CAD drawings of the work in question (collectively, “Permitted Alterations”). All alterations, additions or improvements made by Tenant and all fixtures attached to the Premises permitted by Building (other than trade fixtures such as moveable walls and cubicles) shall become the property of Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) and remain at the Building or, at Landlord’s reasonable requestoption, after written notice to Tenant, any or all of the delivery to foregoing which may be designated by Landlord at the Landlord time Landlord’s approval is requested or concerning a Permitted Alteration upon Tenant’s request in writing, shall be removed at the cost of duty of care undertakings in terms acceptable to Tenant before the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry expiration or sooner termination of this Lease and in such event Tenant shall repair all damage to the tenancy created Building caused by the installation or removal. However, Landlord acknowledges that none of the Tenant Work need be removed by Tenant upon the expiration or sooner termination of this Lease. Notwithstanding anything in this Lease, unless otherwise requested by Landlord in writing, Tenant shall remove all Direct Tenant Work and shall repair all damage to the extent required Building caused by the Landlord to reinstate the Premises by removing any alterations made by the installation or removal of such Direct Tenant to the Premises during the Term so Work. Except as to yield up the Premises set forth in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made goodthis Lease, such reinstatement Tenant shall not erect or place, or cause or allow to be carried out under erected or placed, any sign, advertising matter, lettering, stand, booth, showcase or other article or matter in or upon the supervision and to Building which is visible from the reasonable satisfaction exterior of the Building, without the prior written consent of Landlord or which shall not be unreasonably withheld. Tenant shall not place weights anywhere beyond the Landlord’s surveyor and taking into account safe carrying capacity of the obligation in Clause 3.7.1(a)structure.

Appears in 1 contract

Sources: Lease Agreement (MEDecision, Inc.)

Alterations. 3.9.1 Not Tenant shall not make or suffer any alteration, improvement or addition ("Tenant's Alterations") to make any alterations the Premises, other than installation of Tenant's Fixtures as provided in Paragraph 7.5 of this Lease and all maintenance and repairs to be performed by Tenant as provided in Paragraph 7.2 of this Lease, without obtaining Landlord's prior written consent, which consent shall not be unreasonably withheld, delayed or additions toconditioned; provided, or affecting however, if such Tenant's Alterations shall cost less than $5,000 and do not affect the structure of the Building or constitute a material modification to the systems of the Building, such as plumbing, HVAC or electric service, Tenant may perform such Tenant's Alterations without Landlord's consent, provided that all such work is performed in accordance with any and all applicable laws, rules, order and codes pertaining to the performance of such work. Tenant's Alterations shall include, without limitation, any work by Tenant which affects the exterior of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiencyany structural, Operational Rating plumbing, electrical or Asset Rating mechanical component of the Premises or the Building. 3.9.3 Not without the consent . Any and all of Tenant's Alterations shall be deemed to be part of the Landlord Premises for the purposes of Tenant's obligations hereunder to make any other alterations maintain and repair the Premises. Upon the expiration or additions to the Premises (but the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner earlier termination of the tenancy created by this Lease, to Tenant's Alterations shall become the extent required by property of the Landlord to reinstate Landlord, which property Tenant shall surrender with the Premises unless Landlord, by removing any alterations made by the written notice to Tenant prior to installation of such Tenant's Alterations, requires Tenant to remove all or some portion of such Tenant's Alterations in which latter case Tenant shall, at Tenant's cost, remove Tenant's Alterations or such portion thereof as Landlord requires, repair any damage such removal causes, and restore the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due their condition prior to installation of such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a)Tenant's Alterations.

Appears in 1 contract

Sources: Lease Agreement (Simmons Co /Ga/)

Alterations. 3.9.1 Not Tenant shall not make or permit any Alterations in, on or about the Premises, except for nonstructural Alterations not exceeding Five Thousand Dollars ($5,000.00) in cost per calendar year, without the prior written consent of Landlord, and according to plans and specifications approved in writing by Landlord, which consent shall not be unreasonably withheld. With regard to Alterations not requiring Landlord’s consent, Tenant shall provide Landlord copies of all plans and specifications therefor prior to the construction thereof. Notwithstanding the foregoing Tenant shall not, without the prior written consent of Landlord, make any alterations or additions to, or affecting any: (i) Alterations to the structure or exterior of the Building; (ii) Alterations to and penetrations of the roof of the Building; and (iii) Alterations visible from outside the Premises, to which Landlord may withhold Landlord’s consent on wholly aesthetic grounds. All Alterations shall be installed at Tenant’s sole expense, in compliance with all applicable laws and the CC&Rs, by a licensed contractor, shall be done in a good and workmanlike manner conforming in quality and design with the Premises existing as of the Commencement Date, and shall not diminish the value of either the Building or the appearance Premises. All Alterations made by Tenant shall be and become the property of Landlord upon installation and shall not be deemed Tenant’s Personal Property. Notwithstanding any other provision of this Lease, Tenant shall be solely responsible for the Premises as seen from the exterior. 3.9.2 To submit maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord sufficient information written notice of Tenant’s intention to perform work on the Premises, whether or not Landlord’s consent is required, at least twenty (20) days prior to the commencement of such work to enable the Landlord to assess post and record a Notice of Nonresponsibility or other notice deemed proper before the impact commencement of any such work. Landlord, at Landlord’s option exercisable at the proposed alteration on the energy efficiencytime of giving its consent to any Alterations if such consent is required, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make exercisable at any other alterations or additions time prior to the Premises (but the erection, alteration expiration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner earlier termination of the tenancy created Term if no consent by this LeaseLandlord is required, may require Tenant to remove some or all of any Alterations made by Tenant. If Landlord requires removal of some or all of the Alterations made by Tenant, then Tenant, at Tenant’s sole cost and expense and prior to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction expiration or earlier termination of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a)Term, shall so remove such Alterations.

Appears in 1 contract

Sources: Lease (Brooks Automation Inc)

Alterations. 3.9.1 Not 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not make or suffer to be made any alterations or additions toalterations, additions, or affecting improvements, including, the structure attachment of any fixtures or exterior of equipment in, on, or to the Premises or any part thereof or the appearance making of any improvements as required by Article 7 (“Alterations”), without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements, if applicable. 6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made using Tenant’s contractors (subject to Landlord’s reasonable approval), at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s pre-approved contractor, and such other contractor or any subcontractor of such other contractor shall employ labor and/or suppliers, then Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor concerning the wage, hours, terms or conditions of the Premises as seen from the exterioremployment of any such labor. 3.9.2 To submit 6.3 All alterations, additions, and improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such reasonable assurances to Landlord, including but not limited to, waivers of lien, as Landlord sufficient information shall reasonably require to enable the Landlord to assess the impact assure payment of the proposed alteration on costs thereof and to protect Landlord and the energy efficiencyBuilding and appurtenant land against any loss from any mechanic’s, Operational Rating materialmen’s or Asset Rating of other liens. Tenant shall pay in addition to any sums due pursuant to Article 4, 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; at Landlord’s election said sums shall be paid in the same way as sums due under Article 4. 6.4 All alterations, additions, and improvements in, on, or to the Premises or in, on or to the Building. 3.9.3 Not without Building made or installed by Tenant, including carpeting, shall be and remain the consent property of Tenant during the Term but, excepting furniture, furnishings, telecommunication switch equipment, batteries, generators, condensers, dry coolers, conduits, cabling, pull boxes, and other telecommunication related facilities, movable partitions and other trade fixtures, all of which shall be removed from the Premises and the Building at Tenant’s expense and the Premises restored to its original condition, and any remaining improvements, shall become a part of the realty and belong to Landlord without compensation to make any other alterations or additions to Tenant upon the Premises (but the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry expiration or sooner termination of the tenancy created Term, at which time title shall pass to Landlord under this Lease as by this Leasea ▇▇▇▇ of sale, to the extent required unless Landlord elects otherwise. Upon such election by the Landlord to reinstate the Premises Landlord, Tenant shall upon demand by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud Landlord, at Tenant’s sole cost and demountable partitioning removed expense, forthwith and with all damage due to diligence remove any such removal made goodalterations, such reinstatement additions or improvements, including any which are designated by Landlord to be carried out under removed, and Tenant shall forthwith and with all due diligence, at its sole cost and expense, repair and restore the supervision Premises and the Building to the their original condition, reasonable satisfaction of the Landlord wear and tear and damage by fire or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a)other casualty excepted.

Appears in 1 contract

Sources: Lease (Neutral Tandem Inc)

Alterations. 3.9.1 Not Tenant will not make or suffer to make be made any alterations or additions to, or affecting the structure or exterior of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations in or additions to the Premises (but unless Tenant has obtained the erectionadvance written permission of Landlord. The permission, alteration if given, will be subject to the express condition that no liens of mechanics, materialmen, suppliers, laborers, architects, artisans, contractors, subcontractors, or removal any other lien of any kind will be created or imposed upon the Premises, or any part. Tenant, if requested by the Tenant Landlord, will furnish Landlord with plans and specifications, names and addresses of internal demountable partitioningcontractors, copies of contracts, necessary permits and consequential adjustments indemnification in form and amount satisfactory to Landlord and waivers of ductinglien against any and all claims, ceiling tilescosts, light fittings damages, liabilities and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited expenses which may arise in connection with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions. Whether or not Tenant furnishes Landlord the foregoing, Tenant will indemnify and hold Landlord harmless from any and all claims, expenses (including lawyers' fees), demands and liabilities which may arise out of or be connected in any way with the alterations or additions. Before beginning any work in connection with alterations or additions, Tenant, if requested by Landlord, will furnish Landlord with certificates of insurance from all contractors performing labor or furnishing materials insuring Landlord against any and all liabilities which may arise out of or be connected in any way with the additions to or alterations. Tenant will pay the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord cost of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as and the case may be, cost of decorating the Premises occasioned by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing alterations and additions. Upon completing any alterations made or additions, Tenant, if requested by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made goodLandlord, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).will furnish

Appears in 1 contract

Sources: Lease (Fulcrum Direct Inc)

Alterations. 3.9.1 Not LICENSEE may install certain facilities as follows (collectively, “Permitted Facilities”): (1) Temporary improvements reasonably necessary in connection with the Activities, including fencing, pavement and paving work, temporary and non- permanently attached job site trailers, storage containers and portable restroom facilities, and (2) signage, pavement and paving work, lighting and other temporary roadway improvements reasonably approved by CITY. Except as expressly provided above with respect to the Permitted Facilities, LICENSEE shall not make any alterations alterations, additions, improvements or additions toother changes without CITY’s prior written consent, which CITY may withhold in its sole and absolute discretion. The Permitted Facilities, and all other alterations, additions, improvements or affecting the structure other changes on or exterior of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit with respect to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without ▇▇▇▇▇▇▇ Lot for which the consent of the Landlord CITY has been secured are hereinafter collectively referred to make as the “Alterations.” All such Alterations shall be made in accordance with all applicable Laws, in a good and workmanlike manner, and at the sole cost and expense of LICENSEE. Upon termination of this License, at CITY’s request, LICENSEE shall remove all Alterations, if any. No compensation shall be owed to LICENSEE in any other alterations or additions event for any Alterations made by LICENSEE to the Premises (but the erection, alteration or removal ▇▇▇▇▇▇▇ Lot. Any damage caused by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration installation or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted Alterations shall be repaired by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) Licensee at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations its sole cost and additions andexpense, as reasonably required to restore the case may be, by ▇▇▇▇▇▇▇ Lot to substantially the consultants engaged same condition as it was in connection with their design or supervisionon the date of this Agreement. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).

Appears in 1 contract

Sources: License Agreement

Alterations. 3.9.1 Not to make any alterations or additions to, or affecting the structure or exterior of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Premises (but the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) Tenant covenants that they are carried out only by a contractor approved by it will not make any material alterations, additions, improvements or changes of any kind to the Premises, without first securing Landlord's written consent, which will not be unreasonably withheld. Prior to obtaining Landlord's consent, Tenant shall be required to submit to Landlord (such approval not written plans for any alteration, addition, improvement or change of any kind to the Premises. Landlord's consent may be conditioned upon, among other things, satisfactory proof that Tenant, at its sole expense, is carrying or causing to be unreasonably withheld carried such insurance, in such amounts as Landlord deems reasonably necessary to protect Landlord's interest in the Premises form any act or delayed); andomission of Tenant's contractors or subcontractors. Any alterations, additions, improvements or changes as Landlord shall permit in writing shall be made by Tenant at Tenant's sole expense. The approval of plans by Landlord shall not constitute any assumption of responsibility by Landlord for their accuracy or sufficiency. (b) Any structural or non-structural alterations, additions, improvements or changes by Tenant which are permitted hereunder or hereafter approved by Landlord shall be the property of Tenant until expiration of the Term, at which time they shall become the property of Landlord and remain on the Premises at the expiration of the Term; provided, however, that Landlord’s reasonable request's approval of any alteration, addition, improvement or change may be conditioned upon, among other things, the delivery restoration of the Premises to its original condition existing as of the Commencement Date, in which event Tenant shall comply with such requirement prior to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination expiration of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).

Appears in 1 contract

Sources: Lease Agreement (Manchester Equipment Co Inc)

Alterations. 3.9.1 Not to Tenant shall not make any alterations or additions to, or affecting the structure or exterior of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations in or additions to the Premises (but premises without Landlord's prior written consent in each and every instance, and, if such consent be sought, shall comply, before any work is done or any materials are delivered on the erectionpremises or into the building in which the premises is located, alteration or removal by the Tenant with Landlord's request for plans, specifications, names of internal demountable partitioningcontractors, copies of contracts, necessary permits, and consequential adjustments indemnification against liens, costs, damages and expense of ductingall kinds, ceiling tilesand shall submit to Landlord's supervision over operations during construction. Tenant shall notify Landlord in writing at least five (5) days in advance of commencement of construction in order to give Landlord time to post Notices of Non-responsibility, light fittings and wiring, is authorised without Tenant shall keep the premises free of any liens or encumbrances in any event. Tenant shall carry adequate liability insurance to protect Landlord against any and all damage or loss suffered by anyone resulting from any such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions construction work; and said insurance policy or policies shall name Landlord as an additional insured. All additions, hardware, fixtures or improvements, temporary or permanent, except movable furniture and equipment belonging to Tenant, in or upon the Premises permitted premises, whether installed by Tenant or Landlord, shall be Landlord's property and shall remain upon the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner premises upon termination of the tenancy created term of this lease by this Leaselapse of time or otherwise, all without compensation, allowance or credit to Tenant. Tenant shall have the right to remove said movable furniture and equipment belonging to Tenant prior to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction termination of the term or Tenant's right of possession only if Tenant is then not in default. Landlord shall have a lien on said moveable furniture and equipment to secure the performance of Tenant's covenants hereunder, but such lien shall not deprive Landlord of the right to attachment or any other creditor's rights given by law in the Landlord’s surveyor and taking into account the obligation absence of security, or other remedies provided in Clause 3.7.1(a)this lease.

Appears in 1 contract

Sources: Lease Agreement (Instant Video Technologies Inc)

Alterations. 3.9.1 Not to Tenant shall not make any alterations alteration of or additions to, or affecting the structure or exterior of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit addition to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Demised Premises or the Building. 3.9.3 Not without the consent prior written approval of the Landlord to make any other alterations or additions to the Premises (but the erectionLandlord, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord which approval shall not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and , except for interior, nonstructural alterations of a decorative nature that do not exceed more than $25,000 in the aggregate. All alterations performed in the Demised Premises by Tenant, whether or not requiring Landlord's consent, shall be performed: (bi) at Tenant's sole cost and expense, (ii) by contractors and subcontractors approved in advance in writing by Landlord, which approval shall not be unreasonably withheld or delayed, and (iii) in a good and workmanlike manner and in accordance with all applicable laws and ordinances. For any alterations requiring Landlord's approval, Tenant shall first submit to Landlord, for Landlord's approval, detailed drawings, plans and specifications depicting such work. Tenant may not commence any such work unless Landlord has approved the Landlord’s reasonable request, the delivery plans therefor. All alterations to the Landlord Demised Premises by Tenant shall be the property of duty of care undertakings in terms acceptable to Tenant until the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design expiration or supervision. 3.9.5 At the expiry or sooner earlier termination of this Lease. Upon the tenancy created by expiration or earlier termination of this Lease, all such alterations shall remain at the Demised Premises and become the property of Landlord without payment by Landlord therefor, unless such alternations may be removed by Tenant without damage to the extent required Premises. Notwithstanding the foregoing, Landlord, at Landlord's option, shall have the right to require that any or all of such alterations be removed upon the expiration or earlier termination of this Lease by the Landlord providing written notice thereof to reinstate the Premises by removing Tenant, in which event Tenant, at ▇▇▇▇▇▇'s sole cost and expense, shall remove such alterations and repair any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a)resulting damage.

Appears in 1 contract

Sources: Office Lease

Alterations. 3.9.1 Not Tenant may make certain alterations to the New Premises (the "ALTERATIONS"). If Tenant shall make any alterations or additions Alterations, it shall do so in accordance with the terms and provisions of the Lease, including, but not limited to, or affecting the structure or exterior Section 10 of the Premises or the appearance Original Lease. If Tenant makes such Alterations, upon completion of the Premises Alterations, Tenant shall furnish Landlord with full and final waivers of liens and contractors' affidavits and statements, in such form as seen may be required by Landlord, Landlord's title insurance company and Landlord's construction or permanent lender, if any, from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating all parties performing labor or Asset Rating of the Premises supplying materials or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Premises (but the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged services in connection with their design or supervision. 3.9.5 At the expiry or sooner termination Alterations showing that all of said parties have been compensated in full and waiving all liens in connection with the tenancy created by this Premises and Building. Tenant shall submit to Landlord a detailed breakdown of Tenant's total construction costs, together with such evidence of payment as is reasonably satisfactory to Landlord. So long as an event of default has not occurred under the Lease, as amended hereby, and Tenant has submitted to Landlord the detailed breakdown of Tenant's total construction costs, within thirty (30) days of Tenant's written request during the Term, Landlord shall make a dollar contribution in the amount of Four Hundred Twenty Three and NO/100 Dollars ($423.00) for application to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant thereof to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction cost of the Alterations ("LANDLORD'S CONTRIBUTION"). If the cost of the Alterations exceeds Landlord's Contribution, Tenant shall have sole responsibility for the payment of such excess cost. If the cost of the Alterations is less than Landlord's Contribution, Tenant shall be entitled to a credit against Rent from Landlord or for such unused portion of the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a)'s Contribution.

Appears in 1 contract

Sources: Lease (Hanover Capital Mortgage Holdings Inc)

Alterations. 3.9.1 Not to make any alterations or additions toAny alterations, additions, or affecting improvements made to the Premises by or on behalf of Tenant, including additional locks or bolts of any kind or nature upon any doors or windows in the Premises, but excluding installation, removal or realignment of furniture systems (other than removal of furniture systems owned or paid for by Landlord) not involving any modifications to the structure or exterior connections (other then by ordinary plugs or jacks) to building systems (“Alterations”) shall be subject to Landlord's prior written consent, which may be given or withheld in Landlord's sole discretion if any such Alteration affects the structure or building systems. If Landlord approves any Alterations, Landlord may impose such conditions on Tenant in connection with the commencement, performance and completion of such Alterations as Landlord may deem appropriate in Landlord's sole and absolute discretion. Any request for approval shall be in writing, delivered not less than 15 business days in advance of any proposed construction, and accompanied by plans, specifications, bid proposals, work contracts and such other information concerning the nature and cost of the alterations as may be reasonably requested by Landlord, including the identities and mailing addresses of all persons performing work or supplying materials. Landlord's right to review plans and specifications and to monitor construction shall be solely for its own benefit, and Landlord shall have no duty to ensure that such plans and specifications or construction comply with applicable Legal Requirements. Tenant shall cause, at its sole cost and expense, all Alterations to comply with insurance requirements and with Legal Requirements and shall implement at its sole cost and expense any alteration or modification required by Legal Requirements as a result of any Alterations. Tenant shall pay to Landlord, as Additional Rent, on demand an amount equal to 5% of all charges incurred by Tenant or its contractors or agents in connection with any Alteration to cover Landlord's overhead and expenses for plan review, coordination, scheduling and supervision. Before Tenant begins any Alteration, Landlord may post on and about the Premises notices of non-responsibility pursuant to applicable law. Tenant shall reimburse Landlord for, and indemnify and hold Landlord harmless from, any expense incurred by Landlord by reason of faulty work done by Tenant or its contractors, delays caused by such work, or inadequate cleanup. Tenant shall furnish security or make other arrangements satisfactory to Landlord to assure payment for the completion of all Alterations work free and clear of liens, and shall provide (and cause each contractor or subcontractor to provide) certificates of insurance for workers' compensation and other coverage in amounts and from an insurance company satisfactory to Landlord protecting Landlord against liability for personal injury or property damage during construction. Upon completion of any Alterations, Tenant shall deliver to Landlord: (i) sworn statements setting forth the names of all contractors and subcontractors who did the work and final lien waivers from all such contractors and subcontractors: and (ii) "as built" plans for any such Alteration. Except for Removable Installations (as hereinafter defined), all Installations (as hereinafter defined) shall be and shall remain the property of Landlord during the Term and following the expiration or earlier termination of the Term, shall not be removed by Tenant at any time during the Term, and shall remain upon and be surrendered with the Premises as a part thereof. Notwithstanding the foregoing, Landlord may, at the time its approval of any such Installation is requested, notify Tenant that Landlord requires that Tenant remove such Installation upon the expiration or earlier termination of the Term, in which event Tenant shall remove such Installation in accordance with the immediately succeeding sentence. Upon the expiration or earlier termination of the Term, Tenant shall remove (i) all wires, cables or similar equipment which Tenant has installed in the Premises or in the risers or plenums of the Building, (ii) any Installations for which Landlord has given Tenant notice of removal in accordance with the immediately preceding sentence, and (iii) all of Tenant's Property (as hereinafter defined), and Tenant shall restore and repair any damage caused by or occasioned as a result of such removal, including, without limitation, capping off all such connections behind the walls of the Premises and repairing any holes. During any restoration period beyond the expiration or the appearance of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Premises (but the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner earlier termination of the tenancy created Term, Tenant shall pay Rent to Landlord as provided herein as if said space were otherwise occupied by this LeaseTenant. If Landlord is requested by Tenant or any lender, lessor or other person or entity claiming an interest in any of Tenant Property to the extent required by the waive any lien Landlord to reinstate the Premises by removing may have against any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud of Tenant’s Property, and demountable partitioning removed and with all damage due Landlord consents to such removal made goodwaiver, such reinstatement then Landlord shall be entitled to be carried out under the supervision paid as administrative rent a fee of $1,000 per occurrence for its time and to the reasonable satisfaction effort in preparing and negotiating such a waiver of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).lien. #4262661_v3

Appears in 1 contract

Sources: Asset Purchase Agreement (Forbes Medi-Tech Inc.)

Alterations. 3.9.1 Not Tenant shall not permit alterations in or to the Leased Premises unless and until the plans have been approved by Landlord in writing. Notwithstanding anything contained herein to the contrary, Tenant shall have the right without Landlord’s consent, and in compliance with all other provisions of this Section, to make any non-structural alterations or additions to, or affecting the structure or exterior of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the Leased Premises which do not materially impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without ’s mechanical or electrical systems, do not adversely affect the consent of the Landlord to make any other alterations Building’s appearance or additions to the Premises (but the erection, alteration or removal by the Tenant of internal demountable partitioningvalue, and consequential adjustments the aggregate cost of ductingwhich does not exceed Five Thousand Dollars ($5,000.00) per alteration in the aggregate, ceiling tilesprovided that Tenant gives Landlord fifteen (15) business days prior written notice of any such alterations, light fittings along with copies of plans and wiringspecifications relating thereto. As a condition of such approval, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions may require Tenant to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out remove the alterations and additions andrestore the Leased Premises upon termination of this Lease; otherwise, as all such alterations shall at Landlord’s option become a part of the case may berealty and the property of Landlord, and shall not he removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the consultants engaged original construction of the Building. No person shall be entitled to any lien derived through or under Tenant for any labor or material furnished to the Leased Premises, and nothing in this Lease shall be construed to constitute a consent by Landlord to the creation of any lien. If any lien is filed against the Leased Premises for work claimed to have been done for or material claimed to have been furnished to Tenant, Tenant shall cause such lien to be discharged of record within thirty (30) days after filing. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys’ fees in connection with their design any construction or supervisionalteration and any related lien. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).

Appears in 1 contract

Sources: Lease Agreement (Eschelon Telecom Inc)

Alterations. 3.9.1 Not 17.1 Tenant shall make no alterations, additions or improvements (hereinafter in this section, “improvements”) in or to make the Premises, other than interior non-structural alterations, additions or improvements costing less than Fifty Thousand Dollars ($50,000) (“Permitted Alterations”), without notice to Landlord. For any alterations or additions toalteration not a Permitted Alteration, or affecting Tenant shall deliver notice to Landlord, with plans and specifications and working drawings for the structure or exterior of the Premises or the appearance of the Premises as seen from the exteriorimprovements. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact 17.2 The improvements shall be constructed only by licensed contractors. Any such contractor must have in force a general liability insurance policy of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Premises (but the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before $3,000,000, property damage insurance, and other insurance or at such works commence). 3.9.4 If any higher limits as Landlord may reasonably require, which policy of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the insurance shall name Landlord, Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations property manager and additions andlender, as an additional insured. Except for the case may benegligence or willful misconduct of Landlord’s Agents (as hereinafter defined), by the consultants engaged in connection each contractor, and Tenant with their design or supervision. 3.9.5 At the expiry or sooner termination respect to any activity of the tenancy created by this Leaseeach contractor, shall indemnify defend and hold Landlord and Landlord’s Agents harmless from and against any and all claims, demands, liabilities, damages, actions, losses, costs and expenses (including, but not limited to, reasonable attorneys’ fees), to the extent required by arising out of or in connection with the Landlord to reinstate presence on the Premises by removing any alterations made by of, and the actions or failures to act of, such contractors or subcontractors. Tenant shall provide Landlord with the name of all contractors prior to the commencement of construction. Tenant shall maintain, and shall provide copies to Landlord of, all plans, specifications, drawings (including, particularly, “as-builts”) of any and all improvements, alterations, additions, renovations, repairs, installations of fixtures or other equipment and the like for which as-built drawings are typically provided. Landlord shall be permitted to observe any and all such work by Tenant on the Premises during so long as Landlord does not interfere with or hinder any of Tenant’s use or occupancy of the Term so Premises, or the work of construction. 17.3 Tenant agrees that any work by Tenant shall be accomplished in such a manner as to yield up permit any fire sprinkler system and fire water supply lines to remain fully operable at all times except when minimally necessary for building reconfiguration work. 17.4 Tenant covenants and agrees that all work done by Tenant shall be performed and completed in substantial compliance with the plans and specifications and in compliance with all laws, rules, orders, ordinances, directions, regulations, permits, approvals, and requirements of all governmental agencies, offices, departments, bureaus and boards having jurisdiction, and in substantial compliance with the rules, orders, directions, regulations, and requirements of any applicable fire rating bureau. 17.5 Before commencing any work (other than Permitted Alterations), Tenant shall give Landlord at least five (5) days’ prior written notice of the proposed commencement of such work. 17.6 All alterations, additions and improvements installed in, on or about the Premises, shall be part of the Building and shall be the property of Landlord. 17.7 Tenant may install, maintain, replace, remove or use any communications or computer wires and cables (collectively, the “Lines”) in or serving the Premises, provided that (i) Tenant shall obtain Landlord’s prior written consent (which shall not be unreasonably withheld), use an experienced and qualified contractor approved in writing by Landlord, and comply with all of the other provisions of this Article 17, (ii) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Building, as determined in Landlord’s commercially reasonable opinion, (iii) the Lines therefor (including riser cables) shall be appropriately insulated to prevent excessive electromagnetic fields or radiation, and shall be surrounded by a protective conduit reasonably acceptable to Landlord, (iv) any new or existing Lines servicing the Premises in an open plan configuration shall comply with all stud applicable governmental laws and demountable partitioning removed regulations, (v) as a condition to permitting the installation of new Lines, Landlord may require that Tenant remove existing Lines located in or serving the Premises and repair any damage in connection with such removal, and (vi) Tenant shall pay all damage due to such removal made good, such reinstatement to be carried out under costs in connection therewith. Upon the supervision and to the reasonable satisfaction expiration of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a)Term, Tenant shall leave all Lines installed by Tenant.

Appears in 1 contract

Sources: Lease (Ligand Pharmaceuticals Inc)

Alterations. 3.9.1 Not (a) After initially opening the Premises for business, Tenant shall not make or cause to be made to the Premises or the Tenant Utility Facilities any addition, renovation, alteration, reconstruction or change (collectively, "Alterations") (i) costing in excess of Twenty-Five Thousand Dollars ($25,000.00), (ii) involving structural changes or additions, (iii) affecting the exterior storefront, fire sprinkler systems, exterior walls, floor slab, or structural ceiling of the Premises, (iv) affecting any systems serving other premises, or (v) requiring or resulting in any penetration of the structural ceiling of the Premises, demising walls or floor slab of the Premises, without first obtaining the written consent of Landlord, which consent shall not be unreasonably withheld. Alterations not following under the foregoing parameters are "Cosmetic Alterations" and shall not require the consent of Landlord. (b) All non-Cosmetic Alterations shall be made under the supervision of a competent licensed architect or competent licensed structural engineer satisfactory to Landlord and shall be made in accordance with plans and specifications with respect thereto, approved in writing by Landlord before the commencement of work which approval shall not be unreasonably withheld, delayed or conditioned. (c) Tenant shall provide Landlord with not less than ten (10) days prior written notice of the commencement of any Alterations in the Premises and Landlord shall have the right to enter upon the Premises to post customary notices of non-responsibility with respect thereto. Tenant, at its cost, shall obtain all required governmental permits and approvals for all Alterations and all such Alterations shall be performed strictly in accordance with all applicable laws, ordinances, rules or regulations of any public authority, in a good and workmanlike manner and diligently prosecuted to completion to the end that the Premises shall at all times be a complete unit except during the period of work. If any Alterations made by or on behalf of Tenant require Landlord to make any alterations or additions improvements to any part of the Project in order to comply with any applicable laws, ordinances or rules or regulations of any public authority, Tenant shall pay all reasonable costs and expenses incurred by Landlord in connection with such alterations or improvements. Construction work in connection with any Alterations shall be performed in such manner as not to obstruct the access to the Premises or otherwise unreasonably interfere with any other occupant's use of the Project. All improvements to the Premises by Tenant including, but not limited to, light fixtures, floor coverings and partitions and other items comprising Tenant's Work pursuant to Exhibit C, but excluding trade fixtures, equipment, signs, and other personal property, shall be deemed to be the property of Landlord upon installation thereof. Within thirty (30) days after the completion of any non-Cosmetic Alterations, Tenant shall deliver to Landlord a set of "as built" plans depicting the Alterations as actually constructed or affecting installed. If Tenant shall make any permitted Alterations, Tenant (and its contractors and subcontractors) shall carry "Builder's All Risk" insurance in an amount reasonably determined by Landlord covering the construction of such Alterations and such other insurance as Landlord may reasonably require. Any Alterations to the Premises or the Tenant Utility Facilities which are required by reason of any present or future law, ordinance, rule, regulation or order of any governmental authority having jurisdiction over the Premises or the Project or of any insurance company insuring the Premises, and regardless of whether or not such Alteration pertains to the nature, construction or structure or exterior of the Premises or to the appearance use made thereof by Tenant, shall be at the sole cost of Tenant regardless of whether the Premises as seen from the exteriorwork is performed by Landlord or Tenant. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of (d) In no event shall Landlord's interest in the Premises or the Building. 3.9.3 Not without Project be subject to any lien filed by any contractor or other lien claimant relating to improvements or alterations made by Tenant. Tenant shall post customary signs of non-responsibility in the consent Premises stating the Landlord's interest in the Premises and the Project is not subject to having a lien placed against it in connection with any such alterations or improvements, and if Tenant fails to do so Landlord shall have the right to enter upon the Premises to post customary notices of the non-responsibility with respect thereto. Tenant will indemnify and save harmless Landlord to make any other from and against all mechanics' liens or claims by reason of such alterations or additions to the Premises (but the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to which may be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by Tenant on the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a)Premises.

Appears in 1 contract

Sources: Lease Agreement (Mitesco, Inc.)

Alterations. 3.9.1 Not to make any alterations No alterations, additions or additions to, or affecting the structure or exterior of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions improvements (hereinafter ----------- "Alterations") to the Premises (but the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to shall be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant without written consent of the Landlord, and with respect to nonstructural Alterations Landlord agrees not to unreasonably withhold, condition or delay such consent. All work done in connection with any Alterations, following Landlord's approval thereof, shall be done in a good and workmanlike manner, in accordance with all applicable laws, with all permits and approvals therefor obtained by Tenant and performed by contractors approved by Landlord. Any such contractor shall be required to provide a certificate of comprehensive general liability and property damage insurance in the Premises during amount of $1,000,000.00, naming Landlord as an additional insured. Any Alterations made by the Term so Tenant after such consent shall have been given, and any non-trade fixtures installed as part thereof shall become the property of the Landlord upon the expiration or other sooner termination of this Lease, unless, at the time of Landlord's consent to yield up such Alterations, Landlord shall require the removal of some or all of same, in which event the Tenant shall have the obligation to remove such Alterations or fixtures, (or the portion thereof designated by Landlord) at the Tenant's cost upon the termination of this Lease, in all events, leaving the Premises in an open plan configuration with good order and repair, reasonable wear and tear and damage by fire or other casualty only excepted. It is agreed that (unless otherwise required by Landlord at the time of its consent) all stud wiring and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under cabling installed in the supervision and to Premises shall remain upon the reasonable satisfaction termination of the Landlord or the Lease and shall become Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a)'s property.

Appears in 1 contract

Sources: Sublease Agreement (Mothernature Com Inc)

Alterations. 3.9.1 Not to Except as provided in the Tenant Work Letter, Tenant shall make any alterations or additions to, or affecting the structure or exterior of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other no alterations or additions to the Premises (but “Alterations”) without the erectionprior written consent of Landlord, alteration or removal by the Tenant of internal demountable partitioningwhich consent may be withheld in Landlord’s sole discretion, and consequential adjustments then only by contractors or mechanics approved by Landlord in writing and upon the approval by Landlord in writing of ductingfully detailed and dimensioned plans and specifications pertaining to the Alterations in question, ceiling tilesto be prepared and submitted by Tenant, light fittings at its sole cost and wiringexpense. Tenant shall, is authorised without such consent if the plans of the partitions at its sole cost and expense, obtain all necessary approvals and permits pertaining to any Alterations approved by Landlord, and Tenant agrees that any cabling or wiring installed by (or details at the direction of) Tenant shall meet the requirements of the alteration all applicable laws, statutes, ordinances, regulations and codes. If Landlord, in approving any Alterations, specifies a commencement date therefor, Tenant shall not commence any work with respect to such Alterations prior to such date. Tenant hereby indemnifies, defends and agrees to hold Landlord free and harmless from all liens and claims of lien, and all other liability, claims and demands arising out of any work done or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions material supplied to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord request of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged Tenant in connection with their design any Alterations. If permitted Alterations are made, they shall be made at Tenant’s sole cost and expense and shall be and become the property of Landlord, except that Landlord may, by written notice to Tenant given at the time Landlord consents to such Alterations require Tenant, at Tenant’s expense, to remove all partitions, counters, railings and other Alterations installed by Tenant, and to repair any damages to the Premises caused by such removal. Upon the expiration or supervision. 3.9.5 At the expiry or sooner earlier termination of the tenancy created by this Lease, to Tenant shall remove all cabling and wiring installed by (or at the extent required by direction of) Tenant during the Landlord to reinstate the Premises by removing term of this Lease, and shall repair any alterations made by the Tenant damages to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to caused by such removal made goodat Tenant’s sole cost and expense, such reinstatement unless Landlord delivers written notice to be carried out under the supervision and Tenant (given at least thirty (30) days prior to the reasonable satisfaction end of the Term) requiring Tenant not to remove such cabling or wiring. In the event Landlord requires Tenant not to remove any such cabling or wiring, Tenant shall leave such cabling or wiring in working order and in a good condition, properly labeled. All costs attributable to or related to the applicable building codes of the city in which the Building is located (or any other authority having jurisdiction over the Building) arising from Tenant’s plans, specifications, improvements, alterations or otherwise shall be paid by Tenant at its sole cost and expense. With regard to repairs, Alterations or any other work arising from or related to this Article 5, Landlord shall be entitled to receive an administrative/supervision fee (which fee shall vary depending upon whether or not Tenant orders the work directly from Landlord) sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord’s surveyor and taking into account involvement with such work. If Landlord performs any Alterations on behalf of the obligation in Clause 3.7.1(a)Tenant, any administrative or management fees paid to Landlord associated with the oversight of such work shall not exceed five percent (5%) of the direct costs of the Alterations. If Tenant performs the Alterations, any administrative or management fees paid to Landlord shall not exceed three percent (3%) of the direct costs of the Alterations.

Appears in 1 contract

Sources: Office Lease (Medivation, Inc.)

Alterations. 3.9.1 Not 6.1 Except for those alterations specifically provided for in Exhibit “B” to this Lease or as provided in Section 6.5 below, Tenant shall not make or suffer to be made any alterations or additions toalterations, additions, or affecting the structure improvements in, on, or exterior of to the Premises or any part thereof or the appearance making of any improvements as required by Article 7, without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned or delayed. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. To the extent that Landlord’s consent is required pursuant to this Section 6.1, Landlord shall communicate the same in writing to Tenant within thirty (30) days after application therefor and the provision of any and all required plans or specifications to Landlord (and any failure by Landlord to respond to such request within such 30-day period shall be deemed to be an approval of such alterations). 6.2 In the event Landlord’s consent is required pursuant to Section 6.1 above and Landlord affirmatively consents to the making of any such alteration, addition or improvement by Tenant, the same shall be made using a contractor reasonably acceptable to Landlord (“Landlord’s Contractor”) (unless Landlord agrees in writing otherwise) at Tenant's sole cost and expense. Any other alterations, additions or improvements by Tenant shall be made using a contractor selected by Tenant in its sole discretion. If Landlord enters into any contract or agreement during the Term restricting the use of non-union labor or suppliers in connection with any construction or alterations in or to the Building, Landlord shall promptly notify Tenant in writing of the Premises same. Thereafter, if Tenant shall employ any contractor and such contractor or any subcontractor thereof shall employ any non-union labor or supplier, Tenant shall be responsible for and hold Landlord harmless from any and all delays, damages and extra costs directly suffered by Landlord as seen from a result of any dispute with any labor unions employed at the exterior. 3.9.2 To submit to Building concerning the Landlord sufficient information to enable the Landlord to assess the impact wage, hours, terms or conditions of the proposed alteration on the energy efficiency, Operational Rating employment of any such labor resulting from Tenant’s direct or Asset Rating indirect employment of the Premises such non-union labor or supplier at the Building. 3.9.3 Not without 6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations and Tenant shall, prior to construction, provide any additional insurance required under Article 11 in such case, and also all such assurances to Landlord, including but not limited to, reasonable and customary waivers of lien, and if such alteration, addition or improvement is in excess of $100,000 in the consent aggregate, reasonable and customary surety company performance bonds as Landlord shall reasonably require to assure payment of the costs thereof and to protect Landlord and the Building and appurtenant land against any loss from any mechanic's, materialmen's or other liens. Tenant shall as Additional Rent pay in addition to make any other alterations sums due pursuant to Article 4, any increase in Taxes attributable directly to any such alteration, addition or additions improvement for so long, during the Term, as such increase is ascertainable, at Landlord's election said sums shall be paid in the same way as sums due under Article 4. 6.4 All alterations, additions, and improvements in, on, or to the Premises (but made or installed by Tenant, including carpeting, shall be and remain the erectionproperty of Tenant during the Term but, alteration or removal by the Tenant excepting furniture, furnishings, movable partitions of internal demountable partitioningless than full height from floor to ceiling and other trade fixtures, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans shall become a part of the partitions (or details of realty and belong to Landlord without compensation to Tenant upon the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry expiration or sooner termination of the tenancy created Term, at which time title shall pass to Landlord under this Lease as by a ▇▇▇▇ of sale, unless Landlord communicates to Tenant within thirty (30) days after the installation of such alterations, additions or improvements, that the same must be removed from the Premises upon the expiration or sooner termination of this Lease. If Landlord provides the foregoing notice to Tenant, Tenant shall upon the expiration or sooner termination of this Lease, at Tenant's sole cost and expense, remove any such alterations, additions or improvements which are designated by Landlord to be removed, and Tenant shall forthwith and with all due diligence, at its sole cost and expense, repair and restore the Premises to their original condition, reasonable wear and tear and damage by fire or other casualty excepted. 6.5 Notwithstanding anything to the extent required by contrary set forth in Section 6.1 above, Tenant shall have the Landlord right, without the consent of Landlord, to reinstate the Premises by removing any make alterations made by the Tenant to the Premises which (i) are non-structural; (ii) which do not otherwise affect the structural integrity of the Premises, the Building, or Building utility services or plumbing and electrical lines; and (iii) cost less than $30,000 in the aggregate during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a)Term.

Appears in 1 contract

Sources: Lease Agreement (Strongbridge Biopharma PLC)

Alterations. 3.9.1 Not Subject to written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed, Tenant shall have the right to make any alterations or additions toalterations, or affecting the structure or exterior of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations improvements or additions to the Demised Premises (but for the erectionpurpose of conducting its business, alteration provided such alterations, improvements or removal by additions, are made in accordance with the Tenant of internal demountable partitioningrequired local ordinances and public authorities having jurisdiction thereof, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if that the plans value of the partitions (Demised Premises be not diminished thereby, that the structure not be weakened or details impaired, that the same be performed in a good workmanlike manner, that the exterior appearance of the alteration or removal of partitioning) are deposited with buildings not be materially changed, that Tenant shall bear the Landlord not less than 7 days before such works commence). 3.9.4 If any cost of the alterations same and shall not permit mechanic's liens to be placed against the Demised Premises. Any and all such alterations, physical additions or additions improvements made to the Demised Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) shall, at the option of Landlord’s reasonable request, become at once its property and shall be surrendered to Landlord upon the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, by lapse of time or otherwise, unless Landlord shall by prior written notice to Tenant at least ninety (90) days prior to the extent required termination date of this Lease, demand of Tenant the removal of any such alterations, physical additions or improvements, in which circumstances, such removal shall be promptly made at Tenant's expense, and Tenant shall repair all damage caused thereby. This provision, however, shall not apply to fixtures, equipment or goods installed by Tenant, all of which shall be and remain the Landlord to reinstate the Premises property of Tenant and may at any time be removed by removing it, but any alterations made by the Tenant damage to the Demised Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to caused by such removal made goodof fixtures, such reinstatement to equipment or goods installed by Tenant shall be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a)repaired at Tenant's expense.

Appears in 1 contract

Sources: Lease Agreement (Twin Cities Power Holdings, LLC)

Alterations. 3.9.1 Not to make any alterations or additions toExcept for non-structural Alterations that (i) do not exceed $50,000 in the aggregate, or affecting (ii) are not visible from the structure or exterior of the Premises Premises, (iii) do not adversely affect any Building System or the appearance structural strength of the Premises as seen from Building, and (iv) do not require penetrations into the exterior. 3.9.2 To submit floor, roof or load-bearing or demising walls, Tenant shall not make or permit any Alterations in or to the Landlord sufficient information Premises without first obtaining Landlord's consent, which consent shall not be unreasonably withheld, conditioned or delayed. With respect to enable any Alterations that do not require Landlord's consent, Tenant shall nonetheless provide written notice thereof to Landlord, describing in reasonable detail the Landlord to assess the impact nature of the proposed alteration Alteration. With respect to any Alterations made by or on behalf of Tenant (whether or not the Alteration requires Landlord's consent): (i) not less than 10 days prior to commencing any Alteration, Tenant shall deliver to Landlord any plans, specifications and necessary Permits for the Alteration, together with certificates evidencing that Tenant's contractors and subcontractors have adequate insurance coverage naming Landlord and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) Tenant shall obtain Landlord's prior written approval, which approval shall not be unreasonably withheld, conditioned or delayed, of any contractor or subcontractor, (iii) the Alteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all Laws and the plans and specifications (if any) delivered to, and, if required above, approved by Landlord, (iv) Tenant shall pay Landlord all reasonable costs and expenses in connection with Landlord's review of Tenant's plans and specifications, for which approval is required, and of any supervision or inspection of the construction Landlord reasonably deems necessary, and (v) upon Landlord's request Tenant shall, prior to commencing any Alteration, provide Landlord reasonable security against liens arising out of such construction. Any Alteration by Tenant shall be the property of Tenant until the expiration or termination of this Lease; at that time without payment by Landlord the Alteration shall remain on the energy efficiencyProperty and become the property of Landlord, Operational Rating unless such Alteration required the consent of Landlord and, at the time that such consent was given, Landlord gave notice to Tenant that such Alteration must be removed upon the expiration or Asset Rating termination of this Lease, in which event Tenant will remove it, will repair any resulting damage and will restore the Premises to the condition existing prior to Tenant's Alteration. Tenant may install its trade fixtures, furniture and equipment in the Premises, provided that the installation and removal of them will not adversely affect any structural portion of the Premises Property, any Building System or any other equipment or facilities serving the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Premises (but the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).

Appears in 1 contract

Sources: Lease Agreement (Intest Corp)

Alterations. 3.9.1 Not (a) Tenant shall not make or allow to make be made any alterations or additions toalterations, additions, or affecting improvements in or to the structure Premises (collectively, “Alterations”) without first obtaining Landlord’s written consent, which consent shall be granted or exterior denied in Landlord’s sole discretion. (b) Tenant agrees that all such work shall be done at Tenant’s sole cost and expense and in a good and workmanlike manner, that the structural integrity of the Building shall not be impaired, and that no liens shall attach to all or any part of the Premises, the Building, or the Property by reason thereof. Tenant shall obtain, at its sole expense, all permits required for such work. (c) Unless otherwise elected by Landlord as hereinafter provided, all Alterations made by Tenant shall become the property of Landlord and shall be surrendered to Landlord on or before the Lease Expiration Date except as otherwise set forth in this Lease. Notwithstanding the foregoing, movable equipment, trade fixtures, personal property, furniture, or any other items that can be removed without material harm to the Premises will remain Tenant’s property (collectively, “Tenant Owned Property”) and shall not become the property of Landlord but shall be removed by Tenant, at Tenant’s sole cost and expense, not later than the Lease Expiration Date. Tenant shall repair at its sole cost and expense all damage caused to the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Premises (but the erection, alteration or removal Building by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the any Alterations that Tenant is required to remove or Tenant Owned Property. Landlord not less than 7 days before such works commence). 3.9.4 If may remove any of the alterations Tenant Owned Property or additions Alterations that Tenant is required but fails to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) remove at the LandlordLease Expiration Date and Tenant shall pay to Landlord the reasonable cost of removal. Tenant’s reasonable request, obligations under this Section 8 shall survive the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design expiration or supervision. 3.9.5 At the expiry or sooner earlier termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).

Appears in 1 contract

Sources: Lease Agreement (Greenland Technologies Holding Corp.)

Alterations. 3.9.1 Not Sublessee's right to make alterations to the Sublease ----------- Premises is subject to the provisions of Section 7.3 of the Master Lease. Unless otherwise agreed to in writing by Master Lessor at the time Sublessee first requests consent to any alterations, at the expiration or, earlier termination of this Sublease, Sublessee shall: (i) remove all alterations, additions and improvements to the Sublease Premises made by Sublessee, (ii) restore the Sublease Premises to their condition prior to making such alterations, additions and improvements; and (iii) repair all damage caused in removing such alterations, additions and improvements. Sublessee agrees that the indemnification provisions of Section 10 of the Master Lease shall be deemed to include all claims, damages, costs and expenses arising out of any alterations, additions or other improvements to the Sublease Premises made by Sublessee. In no event shall Sublessee commence construction of any improvements in the Subleased Premises prior to Master Lessor's consent to this Sublease, and the approval of Sublessor and Master Lessor to any such proposed alterations or additions toimprovements. Provided, or affecting however, Sublessee shall have the structure or exterior right to make interior nonstructural alterations to the Sublease Premises which do not exceed Twenty-Five Thousand Dollars ($25,000) in cost annually, without obtaining Sublessor's prior consent; and, provided further, if Master Lessor requires removal of any such alterations at the end of the Premises or the appearance term of the Premises as seen from Sublease and/or the exterior. 3.9.2 To submit Master Lease pursuant to the Landlord sufficient information to enable the Landlord to assess the impact terms of the proposed alteration on Master Lease, Sublessee shall perform or shall bear the energy efficiency, Operational Rating or Asset Rating cost of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make performing any other alterations or additions to the Premises (but the erection, alteration or such removal by the Tenant of internal demountable partitioningand associated restoration, and consequential adjustments shall indemnify and hold Sublessor harmless of ductingall costs, ceiling tilesexpenses, light fittings claims and wiring, is authorised without such consent if the plans liabilities arising out of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a)and/or restoration.

Appears in 1 contract

Sources: Sublease (Extreme Networks Inc)

Alterations. 3.9.1 Not to Tenant shall not make any alterations alterations, additions or additions to, or affecting the structure or exterior of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit improvements to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Leased Premises (but whether or not the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised same may be structural in nature) without such Landlord's prior written consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord which will not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld and then only at times and by contractors or delayed); and (b) mechanics approved by Landlord. All alterations, additions or improvements made by either party hereto to the Leased Premises, except movable office furniture and moveable equipment installed at Tenant's expense, shall become the property of Landlord and remain upon and be surrendered with the Leased Premises at the expiration of the term hereof and all property remaining in the Leased Premises after the last day of the term of this Lease shall conclusively be deemed abandoned by Tenant or may be removed and stored by Landlord’s reasonable request, at Tenant's cost. Notwithstanding the above, Landlord may by written notice to Tenant, given thirty (30) days prior to the end or the Lease term, require Tenant to remove, at its sole cost and expense, all or any part of such alterations and repair any damage caused by such installation or removal. Notwithstanding the forgoing, Tenant shall be allowed to make non-material alterations, additions, or improvements to the demised premises without Landlord's consent. Such alterations, additions, or improvements shall be at Tenant's sole expense. For the purpose of this paragraph, the delivery to term of "non-material" shall mean any alteration, addition, or improvement which does not affect the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination structure of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord building (including its building systems) or the Landlord’s surveyor demise premises and taking into account the obligation in Clause 3.7.1(a)which costs less than Five Thousand ($5,000.00) dollars.

Appears in 1 contract

Sources: Lease Agreement (Syntel Inc)

Alterations. 3.9.1 Not Tenant shall not make alterations and additions to make the Premises except in accordance with plans and specifications therefor first approved by Landlord, which approval shall be requested in writing and shall not be unreasonably withheld or delayed, provided, however, no such approval shall be required for alterations or additions costing less than fifteen thousand dollars ($15,000) individually or seventy-five thousand dollars ($75,000) in the aggregate in any calendar year. Landlord shall not be deemed unreasonable for withholding approval of any alterations or additions tothat (a) might adversely affect any structural or exterior element of the Building, or affecting the structure any area or exterior element outside of the Premises, or (b) will require unusual expense to readapt the Premises to normal office or the appearance laboratory use on expiration or earlier termination of the Premises as seen from the exterior. 3.9.2 To submit Term, unless Tenant first provides assurances acceptable to the Landlord sufficient information that such readaptation will be made prior to enable the Landlord such expiration or termination without expense to assess the impact Landlord. All alterations and additions other than Tenant's moveable equipment shall become part of the proposed alteration on Building and shall become the energy efficiency, Operational Rating property of Landlord upon expiration or Asset Rating earlier termination of the Premises Term unless (i) Tenant shall remove the same prior to such expiration or the Building. 3.9.3 Not without the consent of the Landlord to make earlier termination and replace,-repair and restore any other such alterations or additions additions, or (ii) Landlord shall notify Tenant in writing that the same must be removed. Such notice by Landlord shall be given no later than in response to the Premises (but the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any Tenant's written request for Landlord's approval of the alterations or additions prior to the Premises permitted their installation, and in such event Tenant shall remove such alterations or additions and any damage caused by the Landlord under Clause 3.9.3 are mechanical removal shall be repaired by Tenant at Tenant's expense upon expiration or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner earlier termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).

Appears in 1 contract

Sources: Sublease Agreement (Altus Pharmaceuticals Inc.)

Alterations. 3.9.1 Not to make any alterations or Tenant may construct non-structural alterations, additions to, or affecting the structure or exterior of and improvements ("Alterations") in the Premises without Landlord's prior approval, if the cost of any such project does not exceed Twenty-Five Thousand Dollars ($25,000). Landlord shall not have the right to require that Tenant provide any payment or performance bonds for any Alterations unless the appearance cost of any such project exceeds One Hundred Thousand Dollars ($100,000). Alterations and Tenant's trade fixtures, furniture, equipment and other personal property installed in the Premises as seen ("Tenant's Property") shall at all times be and remain Tenant's property. Except for Alterations which cannot be removed without structural injury to the Premises, at any time Tenant may remove Tenant's Property from the exterior. 3.9.2 To submit Premises, provided that Tenant repairs all damage caused by such removal. Landlord shall have no right to require Tenant to remove any Alterations unless it notifies Tenant at the time it consents to such Alteration that it shall require such Alteration to be removed. Landlord sufficient information shall have no security interest or lien on any item of Tenant's Property. Within ten (10) business days following Tenant's request, Landlord shall execute documents reasonably acceptable to enable the Landlord Tenant to assess the impact evidence Landlord's waiver of the proposed alteration any right, title, lien or interest in Tenant's Property and giving any lenders holding a security interest or lien on the energy efficiency, Operational Rating or Asset Rating Tenant's Property reasonable rights of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions access to the Premises (but the erectionto remove such Tenant's Property, alteration or removal provided that such lenders repair any damage caused by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence)removal. 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).

Appears in 1 contract

Sources: Net Lease Agreement (Cruel World Inc)

Alterations. 3.9.1 Not to Tenant shall not make any alterations alterations, additions or additions toimprovements to the Premises, except as provided in this Lease, or affecting change locks on exterior doors, or change any plumbing or wiring without the structure prior written consent of Landlord. Plans and specifications for such work shall be approved in advance by Landlord. No fixtures shall be removed from the Premises without the prior written consent of Landlord. Such consent or exterior approval of Landlord shall not be unreasonably withheld. Tenant shall keep posted on the Premises, and shall personally serve upon contractors and subcontractors, a notice stating that Landlord's interest in the Development shall not be subject to any lien for Tenant's work. Tenant shall provide Landlord with certificates stating that all contractors and subcontractors have adequate worker's compensation insurance and builder's risk insurance satisfactory to Landlord. Any such work including wall covering, paneling and built-in cabinet work, but excepting movable furniture and trade fixtures, shall at once become a part of the Premises or realty and belong to Landlord and shall be surrendered with the appearance Premises. Upon the expiration of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the term hereof, Tenant shall, upon written demand by Landlord, at Tenant's sole cost and expense, remove any alterations, additions, or improvements made by Tenant, designated by Landlord to assess the impact of the proposed alteration on the energy efficiencybe removed, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make and Tenant shall, at its sole cost and expense, repair any other alterations or additions damage to the Premises (but the erection, alteration or removal caused by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence)removal. 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).

Appears in 1 contract

Sources: Lease (Infe Human Resources Inc)

Alterations. 3.9.1 Not Tenant shall not make or suffer to make be made any alterations alterations, additions or additions to, or affecting the structure or exterior of improvements to the Premises or any part thereof which affect the appearance structure of the Building, building services, the peaceful enjoyment of other occupants of the Building or otherwise affect space other than the Premises as seen from the exterior. 3.9.2 To submit and shall not, without obtaining Landlord's prior written consent, make or suffer to be made any other alterations, additions or improvements to the Landlord sufficient information to enable Premises, including the Landlord to assess the impact attachment of the proposed alteration on the energy efficiencyany fixtures or equipment. When applying for such consent, Operational Rating Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or improvements. All alterations, additions and improvements to the Premises (but the erectionshall, alteration or removal by the Tenant of internal demountable partitioningat Landlord's option, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: either (a) that they are carried out only be made by Landlord for Tenant's account and, within (10) days from receipt of a contractor approved by the written statement from Landlord, Tenant shall reimburse Landlord (such approval not to be unreasonably withheld for all costs thereof, including without limitation a reasonable charge for Landlord's overhead expenses; or delayed); and (b) be made by Tenant at Tenant's sole cost and expenses, and any contractor selected by Tenant to do such work must first be approved in writing by Landlord. All alterations, additions, fixtures and improvements, including without limitation all improvements made pursuant to Exhibit B attached hereto and incorporated herein by references, whether temporary or permanent in character, made in or upon the Premises either by Landlord or Tenant, shall at once become part of the realty and belong to Landlord and, at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination end of the tenancy created by this Leaseterm hereof, to the extent required by the Landlord to reinstate shall remain on the Premises by removing without compensation of any alterations made by kind to Tenant. Moveable furniture and equipment shall remain the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction property of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a)Tenant.

Appears in 1 contract

Sources: Office Lease (National Research Corp)

Alterations. 3.9.1 Not to Tenant may make any alterations or additions toalterations, improvements, additions, installations, or affecting the structure or exterior of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions changes to the Premises (but the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations preceding, “Alterations”) only if: (i) Tenant first obtains Landlord’s written consent after submitting to Landlord, in written form, proposed detailed plans of such Alterations, (ii) Tenant complies with all conditions which may be reasonably imposed by Landlord, including but not limited to Landlord’s selection of specific contractors or additions construction techniques (and Tenant shall retain, under a fixed fee or guaranteed-maximum price construction contract an experienced and licensed contractor reasonably acceptable to Landlord to perform the Alterations), and (iii) Tenant pays to Landlord the reasonable costs and expenses of Landlord for architectural, engineering, or other consultants which reasonably may be incurred by Landlord in determining whether to approve any such Alterations. To compensate Landlord for its review of and involvement in the Alterations (including Tenant’s Work), Tenant shall pay Landlord an administrative fee in the amount of one percent of all costs of the Alterations (payable pro-rata over the course of construction of the Alterations). The TI Allowance may be applied to the Premises permitted by the administrative fee relating to Tenant’s Work. Tenant shall, before commencing any Alterations, at Tenant’s sole cost, (i) acquire (and deliver to Landlord under Clause 3.9.3 are mechanical or engineering works a copy of) a permit from appropriate governmental agencies to procure: make such Alterations (aany conditions of which permit Tenant shall comply with, at Tenant’s sole cost, in a prompt and expeditious manner), (ii) that they are carried out only by a contractor approved by the obtain and deliver to Landlord (such approval not unless this condition is waived in writing by Landlord) a lien and completion bond for the proposed Alterations, to be unreasonably withheld insure Landlord against any liability for mechanics’ liens and to insure completion of the work, or delayed); and (b) at the Landlord’s other security or reasonable request, the delivery to the Landlord evidence and assurance of duty of care undertakings in terms payment reasonably acceptable to Landlord, (iii) provide Landlord with 10 days’ prior written notice of the date the installation of the Alterations is to commence to expressly remind Landlord by to post and record an appropriate notice of non-responsibility, and (iv) obtain (and deliver to Landlord proof of) reasonably adequate workers compensation insurance with respect to any of Tenant’s employees installing or involved with such Alterations (which insurance Tenant shall maintain in force until completion of the contractors carrying out Alterations). All Alterations shall upon installation become the alterations property of Landlord and additions and, as shall remain on and be surrendered with the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner Premises on termination of the tenancy created by this Lease, except that Landlord may, at its election, require Tenant to remove any or all of the Alterations, by so notifying Tenant in writing on or before the Expiration Date or earlier termination of this Lease, in which event, Tenant shall, at its sole cost, on or before the Expiration Date or earlier termination of this Lease, repair and restore the Premises to the extent required by the Landlord to reinstate condition of the Premises by removing any alterations made by the Tenant prior to the Premises during installation of the Term so as Alterations which are to yield up be removed. Tenant shall pay all costs for Alterations and other construction done or caused to be done by Tenant and Tenant shall keep the Premises in an open plan configuration with free and clear of all stud mechanics’ and demountable partitioning removed and with all damage due materialmen’s lien’s resulting from or relating to such removal made goodany Alterations or other construction. “Alterations” do not include trade fixtures, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord furniture or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a)equipment.

Appears in 1 contract

Sources: Single Tenant Net Lease Agreement (Invision Technologies Inc)

Alterations. 3.9.1 Not to Tenant shall not make any alterations alterations, additions or additions to, or affecting the structure or exterior of improvements to the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not Property without the prior written consent of Landlord which shall not be unreasonably withheld. Notwithstanding the Landlord to make any other alterations aforesaid, Tenant, at Tenant's sole cost and expense, may install trade fixtures as Tenant may deem necessary, so long as such trade fixtures do not penetrate or additions to disturb the Premises (but the erection, alteration or removal structural integrity and support provided by the Tenant of internal demountable partitioningroof, exterior walls or subfloors. All such trade fixtures shall be constructed and/or installed by contractors approved by Landlord, in a good and workmanlike manner, and consequential adjustments of ductingin compliance with all applicable governmental and quasi-governmental laws, ceiling tiles, light fittings ordinances and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions andregulations, as well as all requirements of Landlord's insurance carrier. Upon the case may be, by the consultants engaged in connection with their design expiration or supervision. 3.9.5 At the expiry or sooner earlier termination of the tenancy created by this Lease, Tenant shall remove all alterations, additions or improvements installed by Tenant within the Premises; and, upon such removal, Tenant shall restore the Premises to a condition substantially similar to that condition when received by Tenant. However, notwithstanding the aforesaid, upon Landlord's written election which shall be made within sixty (60) days prior to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made goodtermination of this Lease, such reinstatement alterations, additions and improvements shall revert to be carried out under Landlord and shall remain within the supervision and Premises. In no event shall Landlord have any right to any of Tenant's trade fixtures; and, except as otherwise set forth in this Lease, Tenant may remove such trade fixtures upon the reasonable satisfaction termination of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a)this Lease, provided Tenant repairs any damage caused by such removal.

Appears in 1 contract

Sources: Office/Warehouse Lease Agreement (Express Scripts Inc)

Alterations. 3.9.1 Not to (A) Lessee will make no alterations improvements, or additions, nor any alterations or additions installments of fixtures, in, to, or affecting at the structure Demised Premises ("Alterations") without obtaining the prior written consent of Lessor. Lessor may impose conditions on its consent, including, without limitation, compliance with the conditions set forth in clauses (5)(a) through (h) of the attached work letter. Such conditions shall be reasonable, except that, to the extent the Alteration affects the Building systems or structures or the exterior appearance of the Building, Lessor may condition or withhold its consent in its sole and absolute discretion. Lessor may require that Lessee use a space planner, engineer and/or contractor selected by Lessor for any Alterations. All Alterations, including all improvements and fixtures installed in connection therewith (except the movable furniture and trade fixtures of Lessee) made or added either by Lessee or Lessor shall be and remain the property of Lessor immediately upon their installation. (B) At the termination of this Lease, Lessee will not be required to restore the Premises to its original condition, or to remove any building standard improvements, except that Lessee may be required to restore damage to the Premises caused by Lessee's use or moving in or out of the Premises or any other wear and tear beyond normal wear and tear. If during the appearance term of the Lease Lessor conditions its approval of any Alterations upon a requirement that Lessee remove the Alteration at termination of the Lease, with such condition stated in writing at the time of approval, Lessor may require that Lessee, at Lessee's expense, to remove such Alterations upon termination of the Lease and return that portion of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make its prior condition. Lessee shall repair any other alterations or additions to the Premises (but the erection, alteration or removal damage caused by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence)Alterations. 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).

Appears in 1 contract

Sources: Lease (Webtrends Corp)

Alterations. 3.9.1 Not Tenant shall not make, or suffer to be made, any alteration or addition to the Premises, or any part thereof, exceeding Twenty Five Thousand Dollars ($25,000) in cost, without the written consent (which shall not be unreasonably withheld, conditioned, or delayed) of Landlord first had and obtained by Tenant. Any addition to, or alteration of, the Premises, except moveable furniture and trade fixtures, shall at once become a part of the Premises and belong to Landlord. If Landlord consents to the making of any alteration, addition, or improvement to or of the Premises by Tenant, the same shall be made at Tenant’s sole cost and expense. Except as otherwise expressly set forth to the contrary, any modifications to the Building or Building systems required by governmental code or otherwise as a result of Tenant’s alterations, additions or improvements shall be made at Tenant’s sole cost and expense. Tenant shall retain title to all moveable furniture and trade fixtures placed in the Premises. All heating, lighting, electrical, air conditioning, attached partitioning, drapery, carpeting and floor installations made by Tenant, together with all property that has become an integral part of the Premises, shall not be deemed trade fixtures. Tenant agrees that it will not proceed to make any Charleston Intuit Lease Phase 2-Buildings A-F August 4, 2003-Final alterations or additions tothe total cost of which exceeds Twenty Five Thousand Dollars ($25,000), without having obtained consent from Landlord to do so, and until five (5) days after written notice to Landlord of Tenant’s intention to commence such work in order that Landlord may post appropriate notices to avoid any liability to contractors or affecting material suppliers for payment for Tenant’s improvements. Tenant shall at all times permit such notices to be posted and to remain posted until the structure or exterior completion of work. Tenant shall, if required by Landlord, secure at Tenant’s own cost and expense, a completion and lien indemnity bond, reasonably satisfactory to Landlord for work in excess of $300,000. Tenant further covenants and agrees that any mechanic’s liens filed against the Premises or against the appearance Complex for work claimed to have been done for, or materials claimed to have been furnished to Tenant, will be discharged by Tenant, by bond or otherwise, within thirty (30) days after the filing thereof, at the cost and expense of the Premises as seen from the exterior. 3.9.2 To submit Tenant. Any exceptions to the foregoing must be made in writing and executed by both Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Buildingand Tenant. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Premises (but the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).

Appears in 1 contract

Sources: Lease Agreement (Intuit Inc)

Alterations. 3.9.1 Not (a) Tenant may, at its expense, make additions to and alterations of the Improvements to the Premises and make substitutions and replacements thereto (sometimes hereinafter collectively referred to as "Alterations"), provided that: (i) Landlord approves, which approval shall not be unreasonably withheld, conditioned or delayed, any Alterations to the Premises before such alterations or additions toare commenced, or affecting after having received from Tenant a complete set of plans and specifications for the structure or exterior proposed work,(ii) in Landlord's reasonable judgment, the market value of the Premises and the Intended Use shall not thereby be reduced or impaired and the appearance of the Property will not be adversely affected; (iii) the Alterations are architecturally consistent with existing Improvements; (iv) the Alterations shall be performed in a good and workmanlike manner; (v) such work shall not violate any term of any restriction to which the Premises are subject or the requirements of any insurance policy required to be maintained by Tenant hereunder, and shall be expeditiously completed in compliance with all laws, ordinances, rules, regulations and requirements applicable thereto, including without limitation, the Americans with Disabilities Act of 1990 and all regulations issued thereunder, as seen the same may be amended from the exterior. 3.9.2 To submit time to the time; and (vi) no Improvements shall be demolished unless Tenant shall have first furnished Landlord sufficient information with such surety bonds or other security acceptable to enable the Landlord as shall be necessary to assess the impact assure rebuilding of such Improvements. Tenant shall promptly pay all costs and expenses of each such Alteration, discharge all liens arising therefrom and procure and pay for all permits and licenses required in connection therewith. All such Alterations shall be and remain part of the proposed alteration on realty and the energy efficiencyproperty of Landlord and shall be subject to this Lease. Tenant may place upon the Premises any inventory, Operational Rating trade fixtures, machinery or Asset Rating of equipment belonging to Tenant or third parties and may remove the same at any time during the Term. Tenant shall repair any damage to the Premises or the Buildingany portion thereof (including all Improvements thereon) caused by such removal. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Premises (but the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).

Appears in 1 contract

Sources: Purchase and Sale Leaseback Agreement (Ugly Duckling Corp)

Alterations. 3.9.1 Not Tenant shall not make or allow to make be made any alterations material alterations, additions or improvements to the Premises (defined as alterations, additions toor improvements costing in excess of $10,000.00 individually or in the aggregate with respect to separate items relating to the same improvement or alteration or any alterations, additions or affecting improvements that affect the structure or exterior of the Premises Building or any building, mechanical, electrical or life safety system), other than the appearance Tenant Improvements during the Term, without obtaining the prior written consent of Landlord which consent shall not be unreasonably withheld, conditioned or delayed, provided that such consent may be withheld in Landlord’s sole discretion with respect to any alteration, addition or improvement that adversely affects the structure or exterior of the Premises Building or any building, mechanical, electrical or life safety systems (as seen from determined by Landlord in Landlord’s business judgment); provided, further, if the exterior. 3.9.2 To submit only adverse affect of a proposed alteration, addition or improvement is to the Landlord sufficient information to enable the Landlord to assess the impact structural integrity of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating roof of the Premises Building, Landlord’s consent shall not be unreasonably withheld to such alteration, addition or improvement so long as Tenant, at Tenant’s sole cost and expense, pays for the Building. 3.9.3 Not without cost of such structural upgrades to the consent roof as Landlord determines appropriate in Landlord’s business judgment. Tenant shall deliver to Landlord the contractor’s name, references and state license number, a certificate of the liability insurance naming Landlord to make and Landlord’s manager and lender(s) as an additional insured, as well as full and complete plans and specifications of all such alterations, additions or improvements, and any other alterations subsequent modifications or additions to the Premises (but the erection, alteration or removal by the Tenant of internal demountable partitioningsuch plans and specifications, and consequential adjustments no proposed work shall be commenced or continued by Tenant until Landlord has received and given its written approval of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans each of the partitions foregoing. Landlord shall either approve or disapprove any proposed alteration, addition or improvement on or before thirty (or details 30) days following receipt of all of the alteration foregoing items. Landlord does not expressly or removal 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, protect, defend and hold Landlord and Landlord’s agents, employees and contractors and the Building harmless for, from and against any loss, damage, liability, claims, cost or expense, including attorneys’ fees and costs, incurred as a result of partitioning) are deposited with any defects in design, materials or workmanship resulting from Tenant’s alterations, additions or improvements to the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations Premises. All alterations, telephone or telecommunications lines, cables, conduits and equipment and all other additions or improvements to the Premises permitted made by Tenant shall remain the property of Tenant until termination of the Lease, at which time they shall, unless otherwise elected by Landlord under Clause 3.9.3 are mechanical by written notice to Tenant, be and become the property of Landlord. Landlord may, as a condition to approval of any such new alterations, additions or engineering works improvements, require Tenant to procure: remove any such new partitions, counters, railings, telephone and telecommunications lines, cables, conduits and equipment and/or other improvements installed by Tenant during the Term, and Tenant shall repair all damage resulting from such removal or, at Landlord’s option, shall pay to Landlord all costs arising from such removal; provided that Tenant shall have the right prior to the making of any Alteration to request in writing that Landlord notify Tenant within ten (a10) that they are carried out only by a contractor approved by business days of the date of Tenant’s request whether Landlord (will require the removal of such approval not to be unreasonably withheld or delayed); and (b) Alteration at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry expiration or sooner termination of the tenancy created by this Lease. Tenant’s obligation to remove any portion of the Tenant Improvements is governed by Section 3.1(c). All repairs, to alterations, additions and restorations by Tenant hereinafter required or permitted shall be done in a good and workmanlike manner and in compliance with the extent required plans and specifications approved by Landlord and in compliance with all applicable laws and ordinances, building codes, bylaws, regulations and orders of any federal, state, county, municipal or other public authority and of the Landlord to reinstate insurers of the Premises and as-built plans and specifications shall be provided to Landlord by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction upon completion of the work. Tenant shall reimburse Landlord or the for Landlord’s surveyor reasonable charges (including any professional fees incurred by Landlord and taking into account the obligation in Clause 3.7.1(a)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 (Planar Systems Inc)

Alterations. 3.9.1 Not Tenant may, from time to time, at its sole cost and expense, make any alterations or additions tosuch alterations, additions, renovations and repairs (hereinafter collectively referred to as "Alterations"), in, of, or affecting to the Leased Premises and install therein such trade and other fixtures (hereinafter referred to as "Fixtures"), as Tenant deems necessary or desirable, provided that Tenant shall have first furnished Landlord with copies of the plans of any proposed Alteration and provided further that, in the case of Alterations to the structure or exterior of the Premises building or effecting a material change in the exterior appearance of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiencybuilding, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the Tenant shall have obtained Landlord's prior written consent of the Landlord to make any other alterations or additions to the Premises (but the erectionthereto, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such which consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord shall not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and . All Alterations and all Fixtures installed by Tenant in the Leased Premises shall remain the property of Tenant until the expiration of the term, and Tenant may (bbut shall not be obligated to) remove any such Alterations or Fixtures at or before the Landlord’s reasonable requestexpiration of the term, the delivery to the provided that Tenant shall repair any damage caused by such removal. Landlord of duty of care undertakings shall cooperate with Tenant in terms acceptable to the Landlord by the contractors carrying out the alterations obtaining such building permits, licenses, and additions and, as the case other governmental approvals which may be, by the consultants engaged be required in connection with their design the making of any Alterations, and shall execute such documents as may be required in furtherance of such purpose. Any Alterations or supervision. 3.9.5 At Fixtures not removed by Tenant at or prior to the expiry or sooner termination expiration of the tenancy created by this Lease, to term hereof shall be and become the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction property of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).

Appears in 1 contract

Sources: Lease Agreement (Chemical Leaman Corp /Pa/)

Alterations. 3.9.1 Not Subject to the next succeeding sentence and to the Build-Out Plan, Sub- Subtenant shall not make any alterations changes, alterations, additions or additions toimprovements (collectively, or affecting the structure or exterior of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit "Alterations") to the Landlord sufficient information to enable Sub-Subleased Premises without first obtaining the Landlord to assess written consent of Sub-Sublandlord and Sublandlord, which consent may be withheld by Sub-Sublandlord for any reason whatsoever. In the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without event that Sub-Subtenant shall have received the consent of Sublandlord to an Alteration, Sub-Sublandlord's consent shall not be required with respect to such Alteration, provided, and on the Landlord to make any other alterations condition that such Alteration need not be removed at the expiration or additions earlier Termination of the Sublease. Any alteration in or to the Sub-Subleased Premises (but the erection, alteration or removal made by the Tenant of internal demountable partitioning, Sub-Subtenant shall be made in accordance with all applicable laws and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited in compliance with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions Sublease and this Sub-Sublease. Any permitted Alteration shall be at Sub-Subtenant's expense and shall be in quality at least equal to the present construction. Sub- Subtenant shall not permit any mechanics' liens, or similar liens, to remain upon the Sub-Subleased Premises permitted by for labor and material furnished to Sub-Subtenant or claimed to have been furnished to Sub-Subtenant in connection with work of any character performed or claimed to have been performed at the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (direction of Sub-Subtenant and shall cause any such approval not lien to be unreasonably withheld released of record forthwith without cost to Sub-Sublandlord. Any fixed Alteration made by Sub-Subtenant shall become the property of Sub-Sublandlord or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions andSublandlord, as the case may be, by at the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a)Sub-Sublease.

Appears in 1 contract

Sources: Termination Agreement (Switchboard Inc)

Alterations. 3.9.1 Not to During the Term, Tenant may make any alterations minor or additions tocosmetic improvements, or affecting the structure or exterior of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Premises with an aggregate cost not to exceed $25,000 without Landlord's prior written consent (but upon notice to Landlord) provided such work is done in a workmanlike manner with materials and finishes comparable to those then existing in the erection, alteration or removal by the Tenant of internal demountable partitioningPremises, and consequential adjustments provided that improvements, alterations and additions to the structure or the exterior of ductingthe Building or the Building systems shall be made only with the prior written consent of Landlord, ceiling tileswhich consent may be withheld in Landlord's sole discretion. If Tenant makes any improvements, light fittings alterations or additions, Tenant agrees to: (i) comply with all applicable laws, ordinances, rules and wiringregulations of all governmental authorities; (ii) discharge by payment, is authorised without such consent if bond or otherwise, any mechanics' lien filed against the Property for work, labor, services or materials performed at or furnished to the Premises on behalf of Tenant; (iii) furnish Landlord with plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the improvements, alterations or additions (and as-built drawings upon completion); (iv) maintain such insurance as reasonably determined by Landlord, (v) use contractors reasonably approved by Landlord, (vi) undertake such work in a manner such as not to unreasonably interfere with the use by the other, and (vii) remove same upon Landlord's written request given on or before the Expiration Date, repair any damage caused thereby and restore the Premises permitted by to its original condition. Notwithstanding the foregoing, Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by hereby approves the Landlord (such approval not work to be unreasonably withheld or delayed); and completed by Tenant in the Premises as set forth on the plans attached hereto as Exhibit B (bthe "Plans") at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination beginning of the tenancy created by Term. Except with respect to obtaining Landlord's approval of the work set forth in the Plans (which is hereby given), all such work shall be performed in accordance with this LeaseLease and in particular this Paragraph 12(d), provided, however, that Tenant shall not be obligated to remove such improvements at the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during expiration of the Term so as to yield up the Premises provided in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a)Subparagraph 12(d)(vii) above.

Appears in 1 contract

Sources: Building Lease (Cardionet Inc)

Alterations. 3.9.1 Not to Tenant shall not make any alterations or additions toleasehold improvements, alterations, additions, or renovations to or paint, wallpaper or redecorate, any part of the Leased Premises (interior or exterior), including construction of built-in furniture such as lofts, desks or counters, without the prior written consent of Landlord, which consent may be granted or withheld in Landlord's sole discretion. Tenant may install or permit the occupants of the House to install pictures and curtains in the individual student rooms in the House without obtaining Landlord's consent. Tenant shall cause any work consented to by Landlord to be performed at ▇▇▇▇▇▇'s expense, promptly and in a good and workmanlike manner (“Tenant’s Work”). Tenant shall not permit or suffer a lien to be attached to the Leased Premises as the result of ▇▇▇▇▇▇’s Work. Any lien on the Lease Premises related to Tenant’s Work shall be discharged by Tenant immediately and Landlord shall be reimbursed by Tenant for any expense or liability incurred by Landlord as the result of such lien. All such work shall comply with all laws, orders, rules, regulations and requirements of any governmental authority affecting the structure same. Any contractor to be used by Tenant to perform any such work must first be approved in writing by Landlord, which approval shall not be unreasonably withheld. The approval by Landlord of any plans, specifications or exterior contractors shall not constitute the assumption of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration any liability on the energy efficiencypart of Landlord. Any such improvements, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or and additions to the Leased Premises (but the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by Tenant shall be the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction sole property of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).

Appears in 1 contract

Sources: House Corporation and Chapter Lease

Alterations. 3.9.1 Not to make Tenant at its expense may alter or remodel the Premises ----------- at any alterations time or additions totimes during the Lease Term. However, or affecting no changes shall be made which affect the structure structural or exterior elements of the Premises or the appearance any other portion of the Premises as seen from Landlord is required to maintain or repair without the exterior. 3.9.2 To submit prior written approval of Landlord, which approval shall not be unreasonably withheld, delayed or conditioned. All such alterations or remodeling shall be performed in accordance with Legal Requirements and subject to the following sentence, shall become the property of Landlord sufficient information upon termination of this LeaseWith respect to enable any alterations which exceed Fifty Thousand Dollars ($50,000) to install (at the Landlord to assess the impact time of said installation) and for which Tenant has not obtained Landlord's prior consent (whether required or not), Tenant shall remove such alterations upon expiration (or earlier termination) of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Premises (but the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions Lease Term (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner earlier termination of the tenancy created by this Lease, ) and restore the Premises to substantially the same condition as existed prior to the extent required by the making of said installation in question, unless Landlord to reinstate the Premises by removing any alterations made by the notifies Tenant within thirty (30) days prior to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction expiration of the Lease Term that Landlord agrees to accept such alterations or portions thereof. Landlord agrees to respond in writing to any written inquiry of Tenant concerning the initial making of said alterations (prior to installation) or the Landlord’s surveyor and taking into account removal thereof (at the obligation end of the Lease Term) within ten (10) days after receipt of said inquiry. Tenant shall give Landlord at least fifteen (15) days' prior written notice before undertaking any work in Clause 3.7.1(a)the Premises, so Landlord may post appropriate notices of non-responsibility.

Appears in 1 contract

Sources: Lease (99 Cents Only Stores)

Alterations. 3.9.1 Not to make any alterations or additions to, or affecting the structure or exterior of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Premises (but the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by Tenant shall not make any additions, improvements and alterations (hereinafter "Alterations") to the Landlord (such approval Leased Premises without the prior written consent of Landlord, which consent shall not to be unreasonably withheld or delayed); andwithheld. (b) As to any Alterations which Tenant desires to perform and to which Landlord consents and which cost in excess of $10,000.00, and as to any replacements whatsoever, such work shall be performed with new materials, in a good and workmanlike manner, strictly in accordance with plans and specifications therefor first approved in writing by Landlord and in accordance with all applicable laws and ordinances. Upon completion of any such work by or on behalf of Tenant, Tenant shall provide Landlord with such documents as Landlord may require (including, without limitation, sworn contractors' statements and supporting lien waivers) evidencing payment in full for such work, and "as built" working drawings. In the event Tenant performs any work not in compliance with the provisions of this Section 9.1(b), Tenant shall, upon written notice from Landlord, immediately remove such work and restore the Leased Premises to their condition immediately prior to the performance thereof. If Tenant fails so to remove such work and restore the Lease Premises as aforesaid, Landlord may, at its option, and in addition to all other rights or remedies of Landlord under this Lease, at law or in equity, enter the Landlord’s reasonable request, Leased Premises and perform said obligation of Tenant and Tenant shall reimburse Landlord for the delivery cost to the Landlord thereof, immediately upon being billed therefor by Landlord. Such entry by Landlord shall not be deemed an eviction or disturbance of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design Tenant's use or supervision. 3.9.5 At the expiry or sooner termination possession of the tenancy created by this Lease, Leased Premises nor render Landlord liable in any manner to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a)Tenant.

Appears in 1 contract

Sources: Industrial Building Lease (Dt Industries Inc)

Alterations. 3.9.1 Not Tenant shall not make, or suffer to be made, any alterations, improvements or additions in, on, about or to the Premises or any part thereof (collectively, "Alteration(s)"), without the prior written consent of Landlord and without a valid building permit issued by the appropriate governmental authority; provided, however, Tenant shall not be required to seek Landlord's prior approval for any nonstructural interior Alteration or series of Alterations which, together with the costs of all other Alterations (not requiring Landlord's consent) undertaken during the preceding 12-month period, does not exceed Fifty Thousand Dollars ($50,000.00) in the aggregate. Tenant, in making such Alterations, shall comply with the other requirements of this Paragraph 13. Unless Tenant is required to remove any Alteration to the Premises, except movable furniture and trade fixtures, such Alterations shall become the property of Landlord upon termination of the Lease and shall remain upon and be surrendered with the Premises at the termination of this Lease. Without limiting the generality of the foregoing, all items consisting of Landlord's Work, and unless otherwise provided in Landlord's consent notice, all heating, lighting, electrical (including all wiring, conduit, outlets, drops, ▇▇▇▇ ducts, main and subpanels), drapery, and carpet installations (to the extent the foregoing are not included in Landlord's Work) regardless of how affixed to the Premises shall not be deemed trade fixtures, and shall remain upon and be surrendered with the Premises at the termination of this Lease. Upon the expiration or earlier termination of the Lease Term, Tenant shall not be required to remove or restore any of the items which comprise Landlord's Work and/or the Initial Improvements. Upon the expiration or earlier termination of the Lease Term, Tenant shall remove any Alterations made by Tenant and shall repair any damage to Premises resulting from such removal, except as follows: (i) As to any Alteration for which Landlord's consent is required, at the time Landlord is providing such consent, Landlord shall indicate whether such Alteration must be removed upon expiration or termination of the Lease. Landlord's failure to make such indication as part of its consent shall serve as Landlord's indication that the proposed Alteration does not have to be removed. (ii) As to any alterations Alteration for which Landlord's consent is not required, prior to making the Alteration, Tenant may request that Landlord indicate within ten (10) days of such request, whether such Alteration must be removed. Tenant will not be required to remove the subject Alteration upon the expiration or additions totermination of the Lease if Landlord indicates that such Alteration is not required to be removed or if Landlord fails to indicate within the aforesaid ten (10) days that such Alteration must be removed. If Tenant fails to request that Landlord indicate whether such Alteration must be removed, Landlord may require the removal of such Alteration at the expiration of the Lease Term. If, during the Lease Term, any alteration, addition or affecting change of any sort to all or any portion of the structure or exterior interior of the Premises is required by law, regulation, ordinance or order of any public agency, Tenant shall promptly make the appearance of same at its sole cost and expense. If during the Premises as seen from the exterior. 3.9.2 To submit Lease Term, any alteration, addition, or change to the Landlord sufficient information to enable Common Area is required by law, regulation, ordinance or order of any public agency as a result of any Alterations performed by Tenant within the Landlord to assess Premises, Tenant shall promptly make the impact of same at its sole cost and expense. If during the proposed alteration on the energy efficiencyLease Term, Operational Rating any alteration, addition, or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions change to the Premises (but Common Area is required by law, regulation, ordinance or order of any public agency other than as provided in the erectionpreceding sentence, alteration Landlord shall make the same and the cost of such alteration, addition or removal by the Tenant of internal demountable partitioningchange shall be a Common Area Charge and, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions subject to the Premises permitted by the limitations set forth in Paragraph 12 above, Tenant shall pay Tenant's Pro Rata Share of said cost to Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings as provided in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervisionParagraph 12 above. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).

Appears in 1 contract

Sources: Lease Agreement (Mips Technologies Inc)

Alterations. 3.9.1 Not Tenant shall not make or cause to be made any structural alterations, additions or improvements to the Building, without first obtaining Landlord's written approval, which approval shall not be unreasonably withheld. Notwithstanding anything contained in this Paragraph to the contrary, Tenant shall be allowed to make any alterations or additions to, or affecting non-structural improvements in the structure or exterior Leased Premises up to a cost of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit Ten Thousand and no/l00 Dollars ($10,000.00) without Landlord's approval. Tenant shall present to the Landlord sufficient information plans and specifications for such work at the time approval is sought. In the event Landlord consents to enable the Landlord making of any alterations, additions, or improvements to assess the impact of Leased Premises by Tenant, the proposed alteration on the energy efficiencysame shall be made by Tenant at Tenant's sole cost and expense. Tenant may make non-structural improvements, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations alterations, or additions to the Leased Premises (but the erectionwithout Landlord approval at Tenant's sole cost and expense. All such work with respect to any alterations, alteration or removal by the Tenant of internal demountable partitioningadditions, and consequential adjustments changes shall be done in a good and workmanlike manner and diligently prosecuted to completion such that, except as absolutely necessary during the course of ductingsuch work, ceiling tilesthe Leased Premises shall at all times be a complete operating unit. Any such alterations, light fittings additions, or changes shall be performed and wiringdone strictly in accordance with all laws and ordinances relating thereto. Any alterations, is authorised without such consent if the plans additions, or improvements to or of the partitions (or details Leased Premises, including, but not limited to, wall covering, paneling, and built-in cabinet work, but excepting movable furniture and equipment, shall at once become a part of the alteration or removal of partitioning) are deposited realty and shall be surrendered with the Leased Premises unless Landlord not less than 7 days before such works commence). 3.9.4 If any otherwise elects at the end of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervisionterm hereof. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).

Appears in 1 contract

Sources: Lease Agreement (Iomega Corp)

Alterations. 3.9.1 Not to make any Tenant shall not permit alterations in or additions to, or affecting the structure or exterior of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit to the Leased Premises unless and until Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Premises (but the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if has approved the plans therefor in writing. As a condition of the partitions (or details of the alteration or removal of partitioning) are deposited with the such approval, Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions may require Tenant to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out remove the alterations and additions andrestore the Leased Premises upon termination of this Lease; otherwise, as all such alterations shall at Landlord's option become a part of the case may berealty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the consultants engaged original construction of the Building. No person shall be entitled to any lien derived through or under Tenant for any labor or material furnished to the Leased Premises, and nothing in this Lease shall be construed to constitute Landlord's consent to the creation of any lien. If any lien is filed against the Leased Premises for work claimed to have been done for or material claimed to have been furnished to Tenant, Tenant shall cause such lien to be discharged of record within thirty (30) days after notice of filing. Tenant shall indemnify Landlord from all coats, losses, expenses and attorneys' fees in connection with their design any construction or supervision. 3.9.5 At the expiry alteration and any related lien Tenant agrees that at Landlord's option, Duke Construction Limited Partnership or sooner termination a subsidiary or affiliate of the tenancy created by this LeaseLandlord, who shall receive a fee as Landlord's construction manager or general contractor, shall perform all work on any alterations to the extent required by Leased Premises, provided that such work and related fee are competitive in the marketplace, and provided further that Duke Construction Limited Partnership or such subsidiary or affiliate of Landlord is able and willing to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration comply with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).Tenant's security requirements. ARTICLE 8—

Appears in 1 contract

Sources: Lease Agreement (Datapath Inc)

Alterations. 3.9.1 Not 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 alterations other improvements, alterations, fixed decorations, substitutions or additions tomodifications, structural or affecting the structure or exterior of otherwise, to the Premises or the appearance Building ("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, window and wall coverings; but shall not include the initial Tenant's Improvements placed within the Premises pursuant to subsection 5.1. 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 seen painting and carpeting, in which case Tenant shall provide Landlord with samples showing colors, styles, etc. All Alterations shall be made by Landlord at Tenant's sole cost, payable by Tenant, as Additional Rent, within thirty (30) days after receipt of an invoice for same from Landlord, which cost shall include Landlord's standard construction management fee. Tenant shall be responsible for the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact cost of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of any additional improvements within the Premises or the Building. 3.9.3 Not 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 Landlord to make any other alterations or additions to the Premises (but the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions andcost thereof, as the case may beAdditional Rent, by the consultants engaged in connection with their design or supervisionon demand. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).

Appears in 1 contract

Sources: Office Lease (Diamond Resorts Corp)

Alterations. 3.9.1 Not Tenant shall make no alterations, changes or additions in or to make any the Premises without Landlord’s prior written consent,which consent shall not be unreasonably withheld (except that it shall be deemed reasonable for Landlord to withhold consent to non-standard office alterations or additions toalterations that are structural or affect the Building Systems or exterior, or affecting are visible from the structure or exterior of the Premises Premises), and then only by contractors or mechanics approved by Landlord and upon the appearance approval by Landlord of the Premises as seen from the exterior. 3.9.2 To submit fully detailed and dimensioned plans and specifications pertaining to the work in question, to be prepared and submitted by Tenant at its sole cost and expense. Tenant shall at its sole cost and expense obtain all necessary approvals and permits pertaining to any work approved by Landlord. If Landlord, in approving any work, specifies a commencement date therefor, Tenant shall not commence any work prior to such date. Tenant hereby indemnifies and agrees to defend and hold Landlord sufficient information to enable the Landlord to assess the impact free and harmless from all liens and claims of the proposed alteration on the energy efficiencylien, Operational Rating and all other liability, claims and demands arising out of any work done or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions material supplied to the Premises (but by or at the erectionrequest of Tenant. If permitted alterations, alteration changes, or removal additions are made, they shall be made at Tenant’s expense and shall be and become the property of Landlord, except that Landlord may, by written notice to Tenant given at the Tenant of internal demountable partitioningtime Landlord consents to such alteration, addition or improvement, require Tenant, at Tenant’s expense, to promptly both remove any such alteration, change or addition and repair counters, railings and the like installed by Tenant, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If to repair any of the alterations or additions damage to the Premises permitted caused by such removal and restore the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery Premises to the Landlord of duty of care undertakings condition that existed prior to such alteration in terms acceptable to the Landlord by the contractors carrying out the alterations accordance with all applicable laws, statutes, building codes and additions and, regulations in effect as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created by date of such restoration. With regard to repairs, alterations or any other work arising from or related to this LeaseArticle 9, Landlord shall be entitled to receive an administrative/supervision fee of fifteen percent (15%) of the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with total cost of all stud (i) work performed; (ii) materials, plans and demountable partitioning removed drawings furnished; and with (iii) all damage due other costs and expenses related to such removal made goodrepairs, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord alterations or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a)other work.

Appears in 1 contract

Sources: Office Lease (En Pointe Technologies Inc)

Alterations. 3.9.1 Not Sublessee may make alterations (not exceeding $250,000.00 in any case) to the interior of the Leased Premises which Sublessee may deem desirable or necessary in the conduct of its business without the prior written consent of Sublessor. Sublessee shall not make any alterations improvements, alterations, or additions in or to the Leased Premises without Sublessor's prior written consent which might reasonably be expected to, or affecting : (i) impair the structure or exterior structural strength of the Premises Building; (ii) penetrate the roof membrane; or (iii) which shall cost in excess of $250,000.00. Notwithstanding the appearance of foregoing, Sublessee shall have the Premises as seen from the exterior. 3.9.2 To submit right at its cost and expense, subject to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of Sublessor (which shall not be unreasonably withheld), to cause to be constructed an additional building on the Landlord to make any other alterations or additions Property, which may be connected to the Premises Building but which shall be a separate structural unit and shall not be dependent upon the Building's structure or systems and which shall not affect the structural integrity of the Building. Sublessor and Sublessee shall cooperate in all reasonable ways (but without any additional cost or expense to Sublessor) to obtain any required consent for the erection, alteration construction of such additional building from any mortgagee or removal by the Tenant other lender of internal demountable partitioningSublessor. If Sublessor's consent is required hereunder for any alterations, and consequential adjustments also with respect to the construction of ductingan additional building on the Property pursuant to the preceding paragraph, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans before commencement of the partitions (work or details delivery of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions materials to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical Leased Premises, Sublessee shall furnish Sublessor with plans and specifications, names and addresses of contractors, copies of contracts, necessary permits and licenses, and an indemnification in such form and amount as may be reasonably satisfactory to Sublessor. Sublessee agrees to hold Sublessor forever harmless from any and all claims and liabilities of any kind and description which may arise out of or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld connected in any way with any said improvements, alterations, additions or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervisioninstallations. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).

Appears in 1 contract

Sources: Sublease Agreement (Workiva LLC)

Alterations. 3.9.1 Not to Except as set forth on Exhibit C, Tenant shall make any alterations no structural alterations, installations, additions or additions to, or affecting the structure or exterior improvements (including demolition of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Premises existing walls) (but the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations foregoing, the “Material Alterations”) in, on or additions to the Leased Premises permitted without Landlord’s prior written consent. Tenant shall notify Landlord in the event that it wants to make Material Alterations to the Leased Premises. A description of the desired Material Alterations shall be included with the notice. Unless Landlord agrees otherwise, any approved Material Alterations shall be completed on Tenant’s behalf by architects, engineers, workmen and/or contractors hired by Landlord. Tenant shall have the right to approve pricing for any Material Alterations completed on its behalf. All such work shall be designed and made in a manner (including, but not limited to, obtaining all applicable permits), by architects, engineers, workmen and contractors, satisfactory to Landlord under Clause 3.9.3 and completed in accordance with the requirements of (c) below. Except when Landlord informs Tenant otherwise, all Material Alterations (including, without limitation, partitions, millwork, fixtures and heating, ventilating and air conditioning modifications) made to the Leased Premises by or for Tenant shall remain upon and be surrendered with the Leased Premises and become the property of Landlord at the expiration or termination of this Lease or the termination of Tenant’s right to possession of the Leased Premises. If Material Alterations are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld removed, Tenant shall be required to remove (or delayed); and (b) at reconstruct in the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination instance of the tenancy created by this Lease, to demolition of walls) the extent required by Material Alterations made and restore the Landlord to reinstate area from which the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord (or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a)reconstruction) occurred.

Appears in 1 contract

Sources: Lease Agreement (Trans1 Inc)

Alterations. 3.9.1 Not Tenant shall not make or cause to be made any structural alterations, additions or improvement to the building, without first obtaining Landlord's written approval, which approval shall not be unreasonably withheld. Notwithstanding anything contained in this Paragraph to the contrary, Tenant shall be allowed to make any alterations or additions to, or affecting non-structural improvements in the structure or exterior Leased Premises up to a cost of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit Five Thousand and no/100 Dollars ($5,000.00) without Landlord's approval. Tenant shall present to the Landlord sufficient information plans and specifications for such work at the time approval is sought. In the event Landlord consents to enable the Landlord making of any alterations, additions, or improvements to assess the impact of Leased Premises by Tenant, the proposed alteration on the energy efficiencysame shall be made by Tenant at Tenant's sole cost and expense. Tenant may make non-structural improvements, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations alterations, or additions to the Leased Premises (but the erectionwithout Landlord approval at Tenant's sole cost and expense. All such work with respect t any alterations, alteration or removal by the Tenant of internal demountable partitioningadditions, and consequential adjustments changes shall be done in a good and workmanlike manner and diligently prosecuted to completion such that, except as absolutely necessary during the course of ductingsuch work, ceiling tilesthe Leased Premises shall at all times be a complete operating unit. Any such alterations, light fittings additions, or changes shall be performed and wiringdone strictly in accordance with all laws and ordinances relating thereto. Any alterations, is authorised without such consent if the plans additions, or improvements to or of the partitions (or details Leased Premises, including, but not limited to, wall covering, paneling, and built-in cabinet work, but excepting movable furniture and equipment, shall at once become a part of the alteration or removal of partitioning) are deposited realty and shall be surrendered with the Leased Premises unless Landlord not less than 7 days before such works commence). 3.9.4 If any otherwise elects at the end of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervisionterm hereof. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).

Appears in 1 contract

Sources: Lease Agreement (Iomega Corp)

Alterations. 3.9.1 Not to (a) Except for maintenance, repairs and replacements required by Section 8 above, Tenant shall not, without the prior written consent of Landlord, make any alterations or additions tomaterial alterations, or affecting the structure or exterior of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiencyimprovements, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Premises (but the erectionPremises. If Tenant desires to make any material alterations, alteration or removal by the Tenant of internal demountable partitioningimprovements, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises, Tenant shall first submit to Landlord plans and specifications therefor and obtain Landlord’s written approval thereof prior to commencing work on same. Landlord shall not unreasonably withhold, condition, or delay its approval of any cosmetic, non-structural, or other alterations reasonably necessary for Tenant’s continued use of the Premises permitted for the purposes permitted, unless Tenant’s proposal would be detrimental to the long-term value of the Premises. Any such approved alterations, improvements, or additions shall be made at Tenant’s sole expense. No alterations, improvements, additions or physical changes previously or hereafter made by Tenant shall be removed by Tenant from the Landlord under Clause 3.9.3 are mechanical Premises at the termination of this Lease, excluding however any of Tenant’s trade fixtures, equipment, and personal property which may be removed by Tenant. All alterations, improvements, additions or engineering works to procure: (a) that they are carried out only physical changes left on the Premises at the end of the Term shall become Landlord’s property, excluding however any of Tenant’s trade fixtures, equipment, and personal property which may be removed by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); andTenant. (b) Tenant shall, before making any approved alterations, additions, installations or improvements, at the LandlordTenant’s reasonable requestexpense, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations obtain all permits, approvals and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent certificates required by the Landlord any governmental or quasi-governmental bodies and (upon completion) certificates of final approval therefor and shall deliver promptly duplicates of all such permits, approvals and certificates to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).

Appears in 1 contract

Sources: Industrial Facilities Lease (Xg Sciences Inc)

Alterations. 3.9.1 Not 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 alterations other improvements, alterations, fixed decorations, substitutions or additions tomodifications, structural or affecting the structure or exterior of otherwise, to the Premises or the appearance Building (“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, window and wall coverings; but shall not include the initial Tenant’s Improvements placed within the Premises pursuant to Subsection 5.1 of this Lease. 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 seen painting and carpeting, in which case Tenant shall provide Landlord with samples showing colors, styles, etc. All Alterations shall be made by Landlord at Tenant’s sole cost, payable by Tenant, as Additional Rent, within thirty (30) days after receipt of an invoice for same from Landlord, which cost shall include Landlord’s standard construction management fee. Tenant shall be responsible for the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact cost of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of any additional improvements within the Premises or the Building. 3.9.3 Not 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. Without limiting the foregoing, Landlord shall have the right (but not the obligation), at Tenant’s expense, to connect any security, fire alarm or other monitoring system of Tenant located on the Premises to any central monitoring system maintained by Landlord from time to time. Tenant agrees to cooperate with Landlord to make any other alterations allow Landlord to exercise this right. All life safety systems installed by Tenant, or additions to the Premises (but the erectionon Tenant’s behalf, alteration or removal by the Tenant of internal demountable partitioning, must be at Tenant’s expense and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited must be compatible with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervisioncentral monitoring systems. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).

Appears in 1 contract

Sources: Office Lease (Marpai, Inc.)

Alterations. 3.9.1 Not With the exception of Tenant’s Work (as defined herein), Tenant shall not make, or cause to be made, any alterations, additions or improvements to the Property (all of the foregoing being referred to as an “Alteration”) without delivering to Landlord the proposed plans and specifications for the Alteration and obtaining the prior written approval of Landlord, which approval shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant shall be allowed to make non-structural alterations that do not affect the Building’s utility systems up to $50,000 or less in any alterations single year to the Property without obtaining Landlord’s prior written approval. Any Alteration shall be made at Tenant’s sole cost and expense and in a good and workmanlike manner in accordance with the Laws relating to the Alteration, any insurance policies and underwriting requirements and reasonable rules issued by Landlord in the future with respect to construction, and free from any claim or additions toclaims for construction liens. Tenant shall indemnify and hold Landlord harmless from and against any and all claims, or affecting the structure or exterior liens, costs and expenses on account of the Premises or Alteration. Tenant shall provide Landlord with evidence of insurance in amounts and coverage reasonably satisfactory to Landlord, naming Landlord as an additional insured for all work associated with the appearance Alteration. All Alterations shall become Landlord’s property, upon termination of the Premises this Lease. However, as seen from the exterior. 3.9.2 To submit a condition to consent to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiencyAlteration, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Premises (but the erectionLandlord, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable requesttime Landlord provides its consent to such Alteration, may require that the delivery to Alteration be removed by Tenant at the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, and that the Property be returned to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant condition that existed prior to the Premises during the Term so as Alteration (any such Alterations designated by Landlord for removal in its written approval, being “Required Removables”). If Landlord does not designate any Required Removables in its notice of approval of such Alterations, then Tenant shall not be required to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to remove such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a)Alterations.

Appears in 1 contract

Sources: Lease (SANUWAVE Health, Inc.)

Alterations. 3.9.1 Not to make any alterations or additions toNo alteration, addition, improvement, or affecting the structure other change in or exterior of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Leased Premises (but hereinafter an "Alteration") shall be made by Tenant except under the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: following circumstances: (a) that they are carried out only by a contractor approved by no Alteration shall be made without the prior written consent of Landlord (such approval not to be unreasonably withheld or delayed)the specific Alteration, except usual nonstructural interior remodeling which enhances the value of the Leased Premises; and (b) no Alteration shall be commenced until Tenant has first obtained and paid for all required permits and authorizations of all governmental authorities having jurisdiction; (c) any Alteration shall be made promptly and in a good and workmanlike manner and in compliance with all laws, ordinances, regulations, and requirements of all governmental authorities; (d) the cost of any such Alteration shall be paid in cash or its equivalent, so that the Leased Premises shall at the Landlord’s reasonable requestall times be free of liens and claims for work, the delivery labor, or materials supplied or claimed to have been supplied to the Leased Premises and, if Landlord at any time so requests, no Alteration shall commence or proceed unless Tenant gives evidence satisfactory to Landlord that such Alteration will be fully paid for upon completion; and (e) any Alteration shall immediately become and remain the property of duty of care undertakings Landlord, unless Landlord otherwise agrees, in terms acceptable writing, subject to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner rights of Tenant under this lease provided that upon termination of this lease, Landlord shall have the tenancy created by this Lease, right at its option to require Tenant to remove any Alteration and to restore the Leased Premises to the extent required by same condition as before the Alteration was made, unless Landlord to reinstate expressly waives the Premises by removing any alterations made by the Tenant foregoing right in its written consent to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a)Alteration.

Appears in 1 contract

Sources: Office Lease Agreement (Dominion Homes Inc)

Alterations. 3.9.1 Not Lessee may make alterations, additions or improvements to make the Premises, including any alterations or additions toLessee Work identified on attached Exhibit C (the “Alterations”), or only with the prior written consent of Landlord, which, with respect to Alterations not affecting the structure or exterior structural components of the Premises or utility systems therein, shall not be unreasonably withheld, conditioned, or delayed. Landlord shall have thirty (30) days in which to respond to Lessee’s request for any Alterations so long as such request includes the appearance name of Lessee’s contractors and reasonably detailed plans and specifications therefore. The term “Alterations” shall not include the installation of shelves, movable partitions, Lessee’s equipment, and trade fixtures that may be performed without damaging existing improvements or the structural integrity of the Premises as seen from and Landlord’s consent shall not be required for Lessee’s installation or removal of those items. Lessee shall perform all work at Lessee’s expense and in compliance with all applicable laws and shall complete all Alterations in accordance with plans and specifications approved by Landlord, using contractors approved by Landlord. Lessee shall pay, when due, or furnish a bond for payment, all claims for labor or materials furnished to or for Lessee at or for use in the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiencyPremises, Operational Rating which claims are or Asset Rating of may be secured by any mechanics’ or materialmens’ liens against the Premises or any interest therein. Lessee shall remove all Alterations at the Building. 3.9.3 Not without the consent end of the Lease term unless Landlord to make conditioned its consent upon Lessee leaving a specified Alteration at the Premises, in which case Lessee shall not remove such Alteration, and it shall become Landlord’s property. Lessee shall immediately repair any other alterations or additions damage to the Premises (but the erection, alteration or removal caused by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence)Alterations. 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).

Appears in 1 contract

Sources: Lease Agreement

Alterations. 3.9.1 Not to Except as provided in Article 5.C. above, Tenant shall make any alterations or additions to, or affecting the structure or exterior of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other no alterations or additions to the Premises (but “Alterations”) without the erectionprior written consent of Landlord, alteration which consent may be withheld in Landlord’s reasonable discretion. Notwithstanding the foregoing, Tenant shall be permitted to make Alterations that do not exceed $[*], in the aggregate, provided such Alterations are interior in nature and do not affect or removal impact the exterior, structure of or systems (including, without limitation, life safety systems) serving any portion of the Building. In all events, Alterations may only be performed (i) by contractors or mechanics approved by Landlord in writing (which approval shall not be unreasonably withheld, conditioned or delayed) and (ii) upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question, to be prepared and submitted by Tenant, at its sole cost and expense, which approval shall not be unreasonably withheld, conditioned or delayed. Tenant shall, at its sole cost and expense, obtain all necessary approvals and permits pertaining to any Alterations approved by Landlord. Tenant hereby indemnifies, defends and agrees to hold Landlord free and harmless from all liens and claims of internal demountable partitioninglien, and consequential adjustments all other liability, claims and demands arising out of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (any work done or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions material supplied to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord request of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged Tenant in connection with their design any Alterations. If permitted Alterations are made, they shall be made at Tenant’s sole cost and expense and shall be and become the property of Landlord, except that Landlord may, by written notice to Tenant given at the time of approval of such Alterations, require Tenant, at Tenant’s expense, to remove all partitions, counters, railings and other Alterations installed by Tenant, and to repair any damages to the * Confidential treatment requested; certain information omitted and filed separately with the SEC. Premises caused by such removal. Any and all costs attributable to or supervision. 3.9.5 At related to the expiry or sooner termination applicable building codes of the tenancy created city in which the Building is located (or any other authority having jurisdiction over the Building) arising from Tenant’s plans, specifications, improvements, alterations or otherwise shall be paid by Tenant at its sole cost and expense. With regard to repairs, Alterations or any other work arising from or related to this LeaseArticle 5.D., Landlord shall be entitled to receive an administrative/supervision fee not to exceed [*] percent ([*]%) if smaller than $[*] and [*] percent ([*]%) above $[*] (which fee shall vary depending upon whether or not Tenant orders the extent required work directly from Landlord) sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord’s involvement with such work. The construction of Tenant’s Work shall be governed by the Landlord to reinstate terms and conditions of Exhibit B, and not the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction terms of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).this Article 5.D.

Appears in 1 contract

Sources: Office Lease (Salix Pharmaceuticals LTD)

Alterations. 3.9.1 Not (a) Tenant shall make no alterations, additions or improvements to make any alterations or additions to, or affecting the structure or exterior of the Premises or install fixtures in the appearance Premises without first obtaining Landlord's consent, which consent shall not be unreasonably withheld. In no event, however, may the Tenant make any alterations, additions or improvements or install fixtures which in Landlord's reasonable judgment might adversely affect the structural components of the Premises as seen from Building or Building mechanical, utility or life safety systems. At the exterior. 3.9.2 To submit time such consent is requested, Tenant shall furnish to the Landlord sufficient information to enable the Landlord to assess the impact a description of the proposed alteration on the energy efficiencywork, Operational Rating or Asset Rating an estimate of the Premises or cost thereof and such information as shall reasonably be requested by Landlord substantiating Tenant's ability to pay for such work. Landlord, at its sole option, may require as a condition to the Building. 3.9.3 Not without the granting of such consent to any work costing in excess of $10,000, that Tenant provide to Landlord, at Tenant's sole cost and expense, a lien and completion bond in an amount equal to one and one- half (1 1/2) times any and all estimated costs of the proposed work, to insure Landlord against any liability for mechanics' and materialmen's liens and to make insure completion of the work. Before commencing any other alterations or additions work, Tenant shall give Landlord at least five (5) days written notice of the proposed commencement of such work in order to give Landlord an opportunity to prepare, post and record such notice as may be permitted by law to protect Landlord's interest in the Premises and the Building from mechanics' and materialmen's liens. Within a reasonable period following completion of any work for which plans and specifications were required to obtain a building permit for such work, Tenant shall furnish to Landlord "as built" plans showing the changes made to the Premises (but the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence)Premises. 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable requestAny alterations, the delivery additions or improvements to the Landlord of duty of care undertakings in terms acceptable Premises shall be made by Tenant at Tenant's sole cost and expense, and any contractor or other person selected by Tenant to make the Landlord by the contractors carrying out the alterations same shall be subject to Landlord's prior approval, which approval shall not be unreasonably withheld. Tenant's contractor and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, its subcontractors shall employ union labor to the extent required necessary to insure, so far as may be possible, the progress of the alterations, additions or improvements and the performance of any other work or the provision of any services in the Building without interruption on account of strikes, work stoppage or similar causes of delay. All work performed by Tenant shall comply with the Landlord to reinstate laws, rules, orders, directions, regulations and requirements of all governmental entities having jurisdiction over such work and shall comply with the rules, orders, directions, regulations and requirements of any nationally recognized board of insurance underwriters. All alterations, additions and improvements shall immediately become Landlord's property and, at the end of the term hereof, shall remain on the Premises by removing any alterations made by without compensation to Tenant; provided, however, that if Landlord at the Tenant time of consenting to the Premises during making of such alterations, additions and improvements reserved the Term so as right to yield up have Tenant remove such alterations, additions and improvements, Tenant shall, prior to the end of the term, at its sole cost and expense, remove the alterations, additions and improvements and repair and restore the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under their condition at the supervision and to the reasonable satisfaction commencement of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a)term.

Appears in 1 contract

Sources: Office Lease (Intek Information Inc)

Alterations. 3.9.1 Not 2.5.1 Tenant may make alterations, additions or improvements to make any the Premises (“Alterations”) only with the prior written consent of Landlord and Lismar Properties which, with respect to alterations or additions to, or not affecting the structure or exterior structural components of the Premises or utility systems therein, shall not be unreasonably withheld, conditioned, or delayed by Landlord. 2.5.2 Tenant’s written request to Landlord for Alterations must include the appearance names of Tenant’s contractors and reasonably detailed plans and specifications for proposed Alterations. 2.5.3 Landlord must respond to Tenant’s written request for Alterations within thirty (30) days of receiving said request. 2.5.4 The term “Alterations” does not include installation of shelves, movable partitions, Tenant’s equipment, and trade fixtures that may be performed without damaging existing improvements or the structural integrity of the Premises; Landlord’s consent shall not be required for Tenant’s installation or removal of such items. 2.5.5 Tenant shall perform all work related to Alterations of the Premises as seen from the exteriorat Tenant’s expense in compliance with all applicable laws and shall complete all Alterations in accordance with plans and specifications approved in writing by Landlord and Lismar Properties, using contractors approved in writing by Landlord and Lismar Properties. 3.9.2 To submit 2.5.6 Tenant shall pay when due, or furnish a bond for payment of, all claims for labor or materials furnished to or for Tenant at or for use in the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiencyPremises, Operational Rating which claims are or Asset Rating of may be secured by any mechanics’ or materialmens’ liens against the Premises or the Buildingany interest therein. 3.9.3 Not without 2.5.7 Tenant shall remove all Alterations at the consent end of the Lease Term unless Landlord and Lismar Properties consent in writing for Tenant to make leave specified Alterations at the Premises, in which case Tenant shall not remove such Alterations and they shall become the property of Landlord and Lismar Properties. Tenant shall immediately repair any other alterations or additions damage to the Premises (but the erection, alteration or removal caused by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence)Alterations. 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).

Appears in 1 contract

Sources: Lease Agreement (Indie Growers Association)

Alterations. 3.9.1 Not Lessee shall not make any alterations, additions, or improvements to the Premises without the prior written consent of Lessor (which may be withheld in Lessor’s sole discretion), except for the installation of unattached, movable trade fixtures which may be installed without drilling, cutting, or otherwise defacing the Premises. Notwithstanding the foregoing, Lessee may allow a Sublessee, without Lessor’s consent, to make nonstructural alterations to the Premises that cost no more than fifty thousand dollars ($50,000) and that are not visible outside the Premises. In each instance where Lessor’s approval is required hereunder, Lessee shall reimburse Lessor for all reasonable out of pocket costs and expenses incurred in such review regardless of whether the request is approved but only to the extent such reimbursement is received from any alterations Subtenants. All alterations, additions, improvements, and fixtures (other than unattached, movable trade fixtures) which may be made or additions toinstalled by either party upon the Premises shall remain upon and be surrendered with the Premises and become the property of Lessor upon the termination of this Lease, unless Lessor requests their removal, in which event Lessee shall remove the same and restore the Premises to their original condition at Lessee’s expense. Any linoleum, carpeting, or affecting other floor covering which may be cemented or otherwise affixed to the structure or exterior floor of the Premises is hereby deemed a permanent fixture and shall become the property of Lessor without credit or the appearance of the Premises as seen from the exteriorcompensation to Lessee. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Premises (but the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).

Appears in 1 contract

Sources: Lease Agreement

Alterations. 3.9.1 Not to 9.1 Tenant shall not make any alterations alterations, additions or additions toimprovements in or to the Premises or engage in any construction, demolition, reconstruction, renovation or affecting other work (whether major or minor) of any kind in, at or serving the structure or exterior Premises (“Alterations”), without obtaining Landlord’s prior written consent, except Tenant may make non-structural Alterations to the interior of the Premises (excluding the roof) without such consent but upon at least ten (10) days’ prior notice to Landlord, provided that the cost thereof does not exceed One Hundred Twenty Thousand Dollars ($120,000.00) per occurrence or an aggregate amount of Three Hundred Thousand Dollars ($300,000.00) annually. Notwithstanding the appearance foregoing, Tenant will not do anything that could have a material adverse effect on the Building or life safety systems, without obtaining Landlord’s prior written consent. Any such improvements, excepting movable furniture, trade fixtures and equipment, shall become part of the Premises as seen from the exterior. 3.9.2 To submit realty and belong to the Landlord sufficient information Landlord. All alterations and improvements shall be properly permitted and installed at Tenant’s sole cost, by a licensed contractor, in a good and workmanlike manner, and in conformity with all Applicable Laws. Any alterations that Tenant shall desire to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without make and which require the consent of Landlord shall be presented to Landlord in written form with detailed plans. Tenant shall: (i) acquire all applicable governmental permits; (ii) furnish Landlord with copies of both the permits and the plans and specifications at least thirty (30) days before the commencement of the work, and (iii) comply with all conditions of said permits in a prompt and expeditious manner. Any alterations shall be performed in a workmanlike manner with good and sufficient materials. Upon completion of any Alterations, Tenant shall promptly upon completion furnish Landlord with a reproducible copy of as-built drawings and specifications for any Alterations. 9.2 At least twenty (20) days prior to make commencing any other alterations work relating to any Alterations requiring the approval of Landlord that have been so approved, Tenant shall notify Landlord in writing of the expected date of commencement. Tenant shall pay, when due, all claims for labor or additions materials furnished to or for Tenant for use in improving the Premises. Tenant shall not permit any mechanics’ or materialmen’s liens to be levied against the Premises arising out of work performed, materials furnished, or obligations to have been performed on the Premises by or at the request of Tenant. Tenant shall indemnify, save, defend (at Landlord’s option and with counsel reasonably acceptable to Landlord) and hold Landlord Indemnitees from and against any and all Claims of any kind or nature that arise before, during or after the Term on account of claims of lien of laborers or materialmen or others for work performed or materials or supplies furnished for Tenant or its contractors, agents or employees. If Tenant fails to discharge or undertake to defend against such liability, upon receipt of written notice from Landlord of such failure, Tenant shall have fifteen (15) days (the “Defense Cure Period”) to cure such failure by prosecuting such a defense. If Tenant fails to do so within the Defense Cure Period, then Landlord may settle the same and Tenant’s liability to Landlord shall be conclusively established by such settlement provided that such settlement is entered into on commercially reasonable terms and conditions, the amount of such liability to include both the settlement consideration and the costs and expenses (including attorneys’ fees) incurred by Landlord in effecting such settlement. In the event any contractor, agent or employee notifies Tenant of its intent to file a mechanics’ or materialmen’s lien against the Premises, Tenant shall immediately notify Landlord of such intention to file a lien or a lawsuit with respect to such lien. 9.3 Tenant shall repair any damage to the Premises (but caused by Tenant’s removal of any property from the erectionPremises. During any such restoration period, alteration Tenant shall pay Rent to Landlord as provided herein as if such space were otherwise occupied by Tenant. The provisions of this Section shall survive the expiration or removal earlier termination of this Lease. 9.4 The Premises plus any Alterations, Tenant Improvements, attached equipment, decorations, fixtures and trade fixtures; movable casework and related appliances; and other additions and improvements attached to or built into the Premises made by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans either of the partitions parties (including all floor and wall coverings; paneling; sinks and related plumbing fixtures; attached benches; production equipment; walk-in refrigerators; ductwork; conduits; electrical panels and circuits; attached machinery and equipment; and built-in furniture and cabinets, in each case, together with all additions and accessories thereto), shall (unless, prior to such construction or details installation, Landlord elects otherwise in writing) at all times remain the property of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to Landlord, shall remain in the Premises permitted and shall (unless, prior to construction or installation thereof, Landlord elects otherwise in writing) be surrendered to Landlord upon the expiration or earlier termination of this Lease. For the avoidance of doubt, the items listed on Exhibit B attached hereto (which Exhibit B may be updated by Tenant from and after the Landlord under Clause 3.9.3 are mechanical or engineering works Commencement Date, subject to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, written consent) constitute Tenant’s property and shall be removed by Tenant upon the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design expiration or supervision. 3.9.5 At the expiry or sooner earlier termination of the tenancy created by this Lease, . 9.5 If Tenant shall fail to remove any of its property from the Premises prior to the extent required by expiration of the Term, then Landlord may, at its option, remove the same in any manner that Landlord shall choose and store such effects without liability to reinstate the Premises by removing Tenant for loss thereof or damage thereto, and Tenant shall pay Landlord, upon demand, any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud costs and demountable partitioning removed and with all damage expenses incurred due to such removal made goodand storage or Landlord may, at its sole option and without notice to Tenant, sell such reinstatement property or any portion thereof at private sale and without legal process for such price as Landlord may obtain and apply the proceeds of such sale against any (a) amounts due by Tenant to be carried out Landlord under the supervision this Lease and (b) any expenses incident to the reasonable satisfaction removal, storage and sale of such personal property. 9.6 Tenant shall pay to Landlord an amount equal to one and one-half percent (1.5%) of the Landlord or the cost to Tenant of all Alterations to cover Landlord’s surveyor overhead and taking into account expenses for plan review, engineering review, coordination, scheduling and supervision thereof, except that Tenant shall not be required to pay the obligation above amount for any non-structural Alterations to the extent they are within the limits set forth in Clause 3.7.1(a)Section 9.1 above and do not require Landlord’s prior consent. For purposes of payment of such sum, Tenant shall submit to Landlord copies of all bills, invoices and statements covering the costs of such charges, accompanied by payment to Landlord of the fee set forth in this Section. In addition, Tenant shall reimburse Landlord for all third-party costs actually incurred by Landlord in connection with any Alterations, including any non-structural Alterations that do not require Landlord’s prior consent. 9.7 Tenant shall require its contractors and subcontractors performing work on the Premises to name Landlord and its affiliates and any lender as additional insureds on their respective insurance policies.

Appears in 1 contract

Sources: Lease Agreement (Vireo Health International, Inc.)

Alterations. 3.9.1 Not Tenant shall have the right, at its expense, from time to time, to redecorate the Premises and to make any such nonstructural alterations and changes in such parts thereof as it shall deem expedient or additions tonecessary for its business purposes in an amount not to exceed $500,000, or affecting the structure or exterior of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit without Landlord’s consent but subject to the Landlord sufficient information prior written notice to enable Landlord. Other than a previously approved mezzanine platform, approximately 50,000 square feet to be constructed by Tenant, and the Landlord to assess New Construction, any nonstructural alteration the impact aggregate cost of which exceeds $500,000 and other structural changes by Tenant shall require the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the prior written consent of the Landlord to make any other alterations or additions to the Premises (but the erectionLandlord, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld withheld, conditioned or delayed); and (b) , and may be conditioned upon Landlord’s approval of the construction contractor, the bonding of the work, or such other requirements as Landlord may impose. For structural changes commenced by Tenant or any contractor made by or at the request of Tenant after receipt of Landlord’s reasonable requestapproval, the delivery Tenant shall become responsible for Landlord’s obligation under Article VI to the extent of any changes made by or at the request of Tenant. Any alterations or construction performed by Tenant shall be the obligation of and paid for by Tenant so that the Premises shall at all times be free of liens except as herein provided. Should any lien be filed as a result of alterations or construction performed by Tenant, Tenant agrees either to cause the same to be removed within sixty (60) days after the date of filing or to furnish Landlord with a surety bond securing Landlord against any payment which may thereafter be required to be paid in order to have such lien canceled or discharged of duty record. Any such bond shall be in the amount required to discharge such liens at law, but not less than the amount of care undertakings the lien, plus a reasonable amount in terms acceptable excess thereof to cover the Landlord by the contractors carrying out the alterations interest and additions and, as the case other anticipated costs and expenses which may be, by the consultants engaged be incurred in connection with their design or supervisionthe cancellation and discharge of any such lien. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).

Appears in 1 contract

Sources: Lease Agreement (Vitamin Shoppe, Inc.)

Alterations. 3.9.1 Not (a) During the Initial Term and any Renewal Term, Tenant shall not make structural or exterior alterations to the Premises without Landlord's prior written consent said consent not to be unreasonably withheld, delayed or conditioned, but Tenant shall have the right, without Landlord's consent to make nonstructural alterations to the interior of the Premises ("Alterations") provided same do not materially adversely affect the value of the Premises in Landlord's reasonable opinion. Landlord hereby consents to the Alterations shown on plans for the anechoic chamber prepared by Electro-Voice, Inc., dated January 14, 2000, and the internal remodeling plans dated March 1, 2000, initialed by the parties. In making any alterations Alterations, Tenant shall do the following: (i) Notify Landlord at least fifteen days prior to commencement of the Alterations; (ii) Comply with all applicable local, state or additions federal laws, regulations, codes or ordinances affecting such Alterations and the Premises including without limitation the Americans with Disability Act, as amended from time to time; (iii) Not suffer or permit any mechanic's lien or other lien to be filed against the Premises, or any portion thereof, by reason of work, labor, skill, services, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or anyone holding the Premises, or any portion thereof, through or under Tenant. If any such mechanic's lien or other lien shall at any time be filed against the Premises, or any portion thereof, Tenant shall cause the same to be discharged of record within thirty (30) days after the date of filing the same. If Tenant shall fail to discharge such mechanic's lien or liens or other lien within such period, then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or affecting by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future law for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all costs, fees and expenses in connection therewith (including reasonable attorney's fees of Landlord), together with interest thereon at the Maximum Rate of Interest set forth in Section 19 hereof, shall be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as rent as provided in Section 5(f). Tenant shall indemnify and defend Landlord against and save Landlord and the Premises, and any portion thereof, harmless from all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including, without limitation, reasonable attorney's fees resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic's lien or other lien. All materialmen, contractors, artisans, mechanics, laborers and any other person now or hereafter furnishing any labor, services, materials, supplies or equipment to Tenant with respect to the Premises, or any portion thereof, are hereby charged with notice that they must look exclusively to Tenant to obtain payment for the same. Notice is hereby given that Landlord shall not be liable for any labor, services, materials, supplies, skill, machinery, fixtures or equipment furnished or to be furnished to Tenant upon credit, and that no mechanic's lien or other lien for any such labor, services, materials, supplies, machinery, fixtures or equipment shall attach to or affect the estate or interest of Landlord in and to the Premises, or any portion thereof. In the event of the filing of a mechanic's lien, Tenant shall have the right to post security with Landlord as reasonably determined by Landlord, so that Tenant may dispute said lien; provided, however, in no event shall a foreclosure action be commenced on said lien without Tenant either (i) paying off said lien or (ii) complying with the statutory procedure such that the lien is removed from the Premises. (b) Tenant's trade fixtures, furnishings and equipment in the Premises, shall remain Tenant's property for all purposes, except as otherwise agreed in advance in writing by Tenant and Landlord. On or before the Expiration Date (or as appropriate the date the last Renewal Term expires), Tenant shall remove its trade fixtures, furniture and equipment from the Premises and surrender the Premises to Landlord in good order and condition, ordinary wear and tear and damage from the elements or other insured casualty excepted only. (c) Tenant has notified Landlord that it intends to construct an addition to the existing improvements on the Premises for purposes of adding a facility known as an "Anechoic Chamber" which will affect the structure or and exterior of the Premises or the appearance improvements. Landlord, subject to review and approval of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Premises Plans and Specifications for said "Anechoic Chamber" (but the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord which approval will not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery agrees that Tenant may make such 10 addition to the Landlord Premises, provided the quality of duty the construction of care undertakings in terms acceptable the improvements is similar to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination quality of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction construction of the Landlord or the Landlord’s surveyor Building and taking into account the obligation in Clause 3.7.1(a)architecturally compatible.

Appears in 1 contract

Sources: Lease Agreement (Telex Communications Inc)

Alterations. 3.9.1 Not (a) During the Initial Term and any Renewal Term, Tenant shall not make structural or exterior alterations to the Premises without Landlord's prior written consent said consent not to be unreasonably withheld, delayed or conditioned, but Tenant shall have the right, without Landlord's consent to make nonstructural alterations to the interior of the Premises ("Alterations") provided same do not materially adversely affect the value of the Premises in Landlord's reasonable opinion. Landlord hereby consents to the Alterations shown on plans for the anechoic chamber prepared by Electro-Voice, Inc., dated January 14, 2000, and the internal remodeling plans dated March 1, 2000, initialed by the parties. In making any alterations Alterations, Tenant shall do the following: (i) Notify Landlord at least fifteen days prior to commencement of the Alterations; (ii) Comply with all applicable local, state or additions federal laws, regulations, codes or ordinances affecting such Alterations and the Premises including without limitation the Americans with Disability Act, as amended from time to time; (iii) Not suffer or permit any mechanic's lien or other lien to be filed against the Premises, or any portion thereof, by reason of work, labor, skill, services, equipment or materials supplied or claimed to have been supplied to the Premises at the request of Tenant, or anyone holding the Premises, or any portion thereof, through or under Tenant. If any such mechanic's lien or other lien shall at any time be filed against the Premises, or any portion thereof, Tenant shall cause the same to be discharged of record within thirty (30) days after the date of filing the same. If Tenant shall fail to discharge such mechanic's lien or liens or other lien within such period, then, in addition to any other right or remedy of Landlord, Landlord may, but shall not be obligated to, discharge the same by paying to the claimant the amount claimed to be due or affecting by procuring the discharge of such lien as to the Premises by deposit in the court having jurisdiction of such lien, the foreclosure thereof or other proceedings with respect thereto, of a cash sum sufficient to secure the discharge of such lien, or in such other manner as is now or may in the future be provided by present or future law for the discharge of such lien as a lien against the Premises. Any amount paid by Landlord, or the value of any deposit so made by Landlord, together with all costs, fees and expenses in connection therewith (including reasonable attorney's fees of Landlord), together with interest thereon at the Maximum Rate of Interest set forth in Section 19 hereof, shall be repaid by Tenant to Landlord on demand by Landlord and if unpaid may be treated as rent as provided in Section 5(f). Tenant shall indemnify and defend Landlord against and save Landlord and the Premises, and any portion thereof, harmless from all losses, costs, damages, expenses, liabilities, suits, penalties, claims, demands and obligations, including, without limitation, reasonable attorney's fees resulting from the assertion, filing, foreclosure or other legal proceedings with respect to any such mechanic's lien or other lien. All materialmen, contractors, artisans, mechanics, laborers and any other person now or hereafter furnishing any labor, services, materials, supplies or equipment to Tenant with respect to the Premises, or any portion thereof, are hereby charged with notice that they must look exclusively to Tenant to obtain payment for the same. Notice is hereby given that Landlord shall not be liable for any labor, services, materials, supplies, skill, machinery, fixtures or equipment furnished or to be furnished to Tenant upon credit, and that no mechanic's lien or other lien for any such labor, services, materials, supplies, machinery, fixtures or equipment shall attach to or affect the estate or interest of Landlord in and to the Premises, or any portion thereof. In the event of the filing of a mechanic's lien, Tenant shall have the right to post security with Landlord as reasonably determined by Landlord, so that Tenant may dispute said lien; provided, however, in no event shall a foreclosure action be commenced on said lien without Tenant either (i) paying off said lien or (ii) complying with the statutory procedure such that the lien is removed from the Premises. (b) Tenant's trade fixtures, furnishings and equipment in the Premises, shall remain Tenant's property for all purposes, except as otherwise agreed in advance in writing by Tenant and Landlord. On or before the Expiration Date (or as appropriate the date the last Renewal Term expires), Tenant shall remove its trade fixtures, furniture and equipment from the Premises and surrender the Premises to Landlord in good order and condition, ordinary wear and tear and damage from the elements or other insured casualty excepted only. (c) Tenant has notified Landlord that it intends to construct an addition to the existing improvements on the Premises for purposes of adding a facility known as an "Anechoic Chamber" which will affect the structure or and exterior of the Premises or the appearance improvements. Landlord, subject to review and approval of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Premises Plans and Specifications for said "Anechoic Chamber" (but the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord which approval will not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery agrees that Tenant may make such addition to the Landlord Premises, provided the quality of duty the construction of care undertakings in terms acceptable the improvements is similar to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination quality of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction construction of the Landlord or the Landlord’s surveyor Building and taking into account the obligation in Clause 3.7.1(a)architecturally compatible.

Appears in 1 contract

Sources: Lease Agreement (Telex Communications International LTD)

Alterations. 3.9.1 Not to Tenant shall not make any alterations or additions toalterations, improvements, additions, installations, or affecting the structure changes of any nature in or exterior of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Premises (but the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations preceding, “Alterations”) unless (i) Tenant first obtains Landlord’s written consent, (ii) Tenant complies with all conditions which may be imposed by Landlord, including but not limited to Landlord’s selection of specific contractors or additions construction techniques and the requirements of the attached Exhibit “C”, and (iii) Tenant pays to Landlord the reasonable costs and expenses of Landlord for architectural, engineering, or other consultants which reasonably may be incurred by Landlord in determining whether to approve any such Alterations. At least 30 days prior to making any Alterations, Tenant shall submit to Landlord, in written form, proposed detailed plans of such Alterations. Tenant shall, prior to the commencement of any Alterations, at Tenant’s sole cost, (i) acquire (and deliver to Landlord a copy of) all required permits from the appropriate governmental agencies to make such Alterations (any conditions of which permit Tenant shall comply with, at Tenant’s sole cost, in a prompt and expeditious manner), (ii) provide Landlord with ten days’ prior written notice of the date the installation of the Alterations is to commence, so that Landlord can post and record an appropriate notice of non-responsibility, and (iii) obtain (and deliver to Landlord proof of) reasonably adequate workers compensation insurance with respect to any of Tenant’s employees installing or involved with such Alterations and cause any contractors so involved to additionally carry such statutorily required coverage (which insurance shall be maintained on an occurrence basis, and in force until completion of the Alterations). All Alterations (other than personal property which is not attached to the Premises) shall upon installation become the property of Landlord and shall remain on and be surrendered with the Premises permitted on the Expiration Date, except that Landlord may, at its election, require Tenant to remove any or all of the Alterations, by so notifying Tenant in writing on or about the Landlord under Clause 3.9.3 Expiration Date, in which event, Tenant shall, at its sole cost, on or before the Expiration Date, repair and restore the Premises to the condition of the Premises prior to the installation of the Alterations which are mechanical to be removed. Tenant shall pay all costs for Alterations and other construction done or engineering works caused to procure: be done by Tenant and Tenant shall keep the Premises free and clear of all mechanics’ and materialmen’s liens resulting from or relating to any Alterations or other construction. Tenant may, at its election, contest the correctness or validity of any such lien provided that (a) that they are carried out only immediately on demand by Landlord, Tenant procures and records a lien release bond, issued by a contractor approved by corporation satisfactory to Landlord and authorized to issue surety bonds in California, in an amount equal to 150 percent of the Landlord (such approval not to be unreasonably withheld amount of the claim of lien, which bond meets the requirements of California Civil Code Section 3143 or delayed); and any successor statute, and (b) Landlord may, at the its election, require Tenant to pay Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings attorneys’ fees and costs incurred in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged participating in connection with their design or supervisionsuch an action. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).

Appears in 1 contract

Sources: Standard Modified Gross Office Lease (Bakbone Software Inc)

Alterations. 3.9.1 Not Subtenant may, from time to make any alterations or additions totime, or affecting the structure or exterior of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not at its own cost and expense and without the consent of Sublandlord, make alterations, additions or improvements (collectively herein called "Alterations") of a non-structural nature to the Landlord interior of the Sublet Premises whose cost in any one instance is $25,000 or less, provided Subtenant gives Sublandlord fifteen (15) days prior written notice of any such Alterations. To the extent that Subtenant obtains plans and specifications for any such Alterations whose cost is $25,000 or less, Subtenant shall provide Sublandlord with copies of such plans and specifications for Sublandlord's information. If Subtenant desires to make any other alterations or additions non-structural Alterations to the Premises (but the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans interior of the partitions (or details Sublet Premises costing in excess of $25,000 in any one instance, Subtenant must first obtain the alteration or removal consent of partitioning) are deposited with the Sublandlord and Landlord thereto, which consent by Sublandlord shall not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery . Any non-structural Alterations to the Landlord interior of duty the Sublet Premises costing in excess of care undertakings $25,000 in terms acceptable any one instance shall include written plans and specifications for the Alterations. At the end of the Sublease Term, Subtenant may elect to remove or to leave any such Alterations, provided that Subtenant must give Sublandlord written notice of its election as to each Alteration no less than ten (10) months prior to the Landlord expiration of the Term. If Subtenant elects to remove any such Alterations, Subtenant's only responsibility upon removal is to repair any damage caused by the removal and not to restore the Sublet Premises. All Alterations shall be done by Sublandlord's designated contractors carrying out and engineers in accordance with the alterations terms and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination conditions of the tenancy created by this Prime Lease. Without limiting the foregoing, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises Subtenant shall obtain all necessary licenses and permits, shall perform all Alterations in an open plan configuration accordance with all stud laws, by-laws, rules, regulations, licenses and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a)permits.

Appears in 1 contract

Sources: Sublease (Microsoft Corp)

Alterations. 3.9.1 Not to Except for non-structural, non-exterior, non-building systems alterations costing less than $50,000 in the aggregate in any 12-month period, Tenant may make any no alterations or additions toimprovements to the Premises without the prior written consent of Landlord, which Landlord may not unreasonably withhold, condition or affecting delay; provided that irrespective of the structure cost of an alteration, any alteration that is structural, effects building systems or is to the exterior of the Premises shall required the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion. At the time that Landlord gives consent, Landlord will state whether Landlord will require Tenant to remove the alterations at the end of the Lease Term and to restore the Premises to their condition before Tenant made the alterations. Tenant shall not install any “through-the-wall” or “through-the-window” heaters or air-conditioners in the Premises. Tenant shall make any approved alterations in accordance with all applicable laws and regulations, with all required building permits, and with arrangements acceptable to Landlord to eliminate risk of mechanic’s or construction liens attaching to the Building or to the Premises. Tenant indemnifies Landlord against any cost or expense incurred by Landlord to investigate, contest, or satisfy any mechanic’s or construction lien on the Building or the appearance of the Premises as seen that results from the exterior. 3.9.2 To submit any alterations authorized or contracted for by Tenant. All alterations shall be made by Tenant at Tenant’s sole cost and expense, including any alterations required to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed Building that are required by an alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions Tenant makes to the Premises (but the erection, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence)Premises. 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing any alterations made by the Tenant to the Premises during the Term so as to yield up the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a).

Appears in 1 contract

Sources: Lease Agreement (Schmitt Industries Inc)

Alterations. 3.9.1 Not Tenant shall not, without the prior written consent of Landlord which shall not be unreasonably withheld so long as Tenant demonstrates financial assurance of its ability to restore the Premises to original condition, make any alterations or additions toalterations, or affecting the structure or exterior of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiencyimprovements, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Premises Premises, including, but not limited to, partitions, wall coverings, floor coverings, special lighting or equipment installations and structural changes (but collectively the erection"Alterations"). Notwithstanding anything else in this Section 10.2, alteration or removal by the Tenant of internal demountable partitioning, and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions may make non-structural changes to the Premises permitted (including roof penetrations) the cost of which is less than $50,000 per project without Landlord's consent provided Tenant gives Landlord a copy of as-built plans within thirty (30) days after completion. If Tenant desires to make any Alterations, the cost of which exceeds $50,000, Tenant shall first submit to Landlord plans and specifications and obtain Landlord's written approval, if required, prior to commencing any work. All Alterations, whether temporary or permanent in character, made by Landlord or Tenant in or upon the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by Premises shall become Landlord's property and shall remain upon the Landlord (such approval not to be unreasonably withheld or delayed); and (b) Premises at the termination of this Lease by lapse of time or otherwise, without compensation to Tenant (excepting only Tenant's movable office furniture, inventory, trade fixtures, and office and professional equipment). If Landlord’s reasonable request, the delivery 's consent is required to the Alterations, Landlord of duty of care undertakings in terms acceptable may require Tenant to remove the Landlord by Alterations at Tenant's cost upon the contractors carrying out the alterations and additions and, as the case may be, by the consultants engaged in connection with their design or supervision. 3.9.5 At the expiry or sooner termination of the tenancy created by this Lease, to the extent required by the Landlord to reinstate the Premises by removing and repair any alterations made by the Tenant damage caused to the Premises during as a result of any removal shall be paid for by Tenant; provided that Landlord has given Tenant notice of its intent to require Tenant to remove and restore any Alterations within seven (7) days of Landlord's receipt of the Term so as plans and specifications. Tenant shall promptly pay, when due, all costs of all Alterations, and upon completion, deliver to yield up Landlord, evidence of payment and waivers of all liens for labor, services, or materials. Tenant shall defend and hold Landlord and the Premises in an open plan configuration with harmless from all stud and demountable partitioning removed and with all damage due to such removal made goodcosts, such reinstatement to be carried out under the supervision and including reasonable attorney fees, damages, liens, claims of liens for labor, services, or materials relating to the reasonable satisfaction work. Tenant shall immediately give Landlord notice of any mechanics liens or foreclosure proceedings and Landlord shall be allowed, at its option, to participate in the defense of or otherwise defend any such claim at the expense of Tenant. At Landlord's request, Tenant shall bond over any contested mechanics liens at Tenant's expense. If Landlord incurs any expenses in the removal of trash or cleaning as a result of Tenant's contractors' work then Tenant agrees it shall reimburse Landlord within seven (7) days of billing. In any event, upon termination of this Lease, Tenant shall not be obligated to remove any item or work attached to the Building as of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a)Commencement Date.

Appears in 1 contract

Sources: Lease Agreement (Quantum Corp /De/)

Alterations. 3.9.1 Not to make any Except for non-structural, interior alterations or additions to, or affecting which cost less than Ten Thousand Dollars ($10,000) and in no way affect the structure or exterior systems of the Premises or the appearance of the Premises as seen from the exterior. 3.9.2 To submit Building other than to the Landlord sufficient information to enable the Landlord to assess the impact of the proposed alteration on the energy efficiency, Operational Rating or Asset Rating of the Premises or the Building. 3.9.3 Not without the consent of the Landlord to make any other alterations or additions to the Premises (but the erection, alteration or removal by the Tenant of internal demountable partitioning, a deminimus extent and consequential adjustments of ducting, ceiling tiles, light fittings and wiring, is authorised without such consent if the plans of the partitions (or details of the alteration or removal of partitioning) are deposited with the Landlord not less than 7 days before such works commence). 3.9.4 If any of the alterations or additions to the Premises permitted by the Landlord under Clause 3.9.3 are mechanical or engineering works to procure: (a) that they are carried out only by a contractor approved by the Landlord (such approval not to be unreasonably withheld or delayed); and (b) at the Landlord’s reasonable request, the delivery to the Landlord of duty of care undertakings in terms acceptable to the Landlord by the contractors carrying out except the alterations and construction to be performed by American Software, Inc. ("ASI") for Norfolk Southern Corporation pursuant to that certain letter agreement between ASI and Tenant, Tenant shall not make, suffer or permit to be made any alterations, additions andor improvements to or of the Demised Premises or any part thereof, as or attach any fixtures or equipment thereto, without first obtaining Landlord's written consent, which consent shall not be unreasonably withheld. Subject to Section 31, and any other specific sections of this Lease to the case may becontrary, by all such alterations, additions and improvements shall become Landlord's property at the consultants engaged in connection with their design expiration or supervision. 3.9.5 At the expiry or sooner earlier termination of the tenancy created Lease Term and shall remain on the Demised Premises without compensation to Tenant unless Landlord elects by this Leasenotice to Tenant at the time of approval of said alterations to have Tenant remove such alterations, additions and improvements, in which event notwithstanding any contrary provisions respecting such alterations, additions and improvements contained in Article 31 thereof, Tenant shall promptly restore, at its sole cost and expense, the Demised Premises to its condition prior to the extent required by installation of such alterations, additions and improvements, normal wear and tear excepted. Notwithstanding the Landlord to reinstate above, Tenant may remove trade-fixture items from the Demised Premises by removing provided that Tenant shall repair any alterations made by the Tenant damage to the Leased Premises during occasioned by such removal. All of Tenant's personal property on the Term so as to yield up Demised Premises shall remain the Premises in an open plan configuration with all stud and demountable partitioning removed and with all damage due to such removal made good, such reinstatement to be carried out under the supervision and to the reasonable satisfaction property of the Landlord or the Landlord’s surveyor and taking into account the obligation in Clause 3.7.1(a)Tenant.

Appears in 1 contract

Sources: Lease Agreement (Infocrossing Inc)