Common use of Alterations Clause in Contracts

Alterations. 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 electrical systems, do not adversely affect the Building's appearance or value, and the 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 Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to 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 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and 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. 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 not permit make no alterations in or additions to the Leased Premises unless (“Alterations”) without the prior written consent of Landlord, which consent may be withheld in Landlord’s reasonable discretion, and until the plans have been then only by contractors or mechanics approved by Landlord in writing, which writing and upon the 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, by Landlord in writing of fully detailed 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 electrical systems, do not adversely affect the Building's appearance or value, and the 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 dimensioned plans and specifications relating thereto. As a condition of such approval (orpertaining to the Alterations in question, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request 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. If Landlord, in approving any Alterations, specifies a reasonable commencement date therefor, Tenant shall not commence any work with respect to such Alterations prior to such date. Tenant hereby indemnifies, defends and agrees to hold Landlord free and harmless from all liens and claims of lien, and all other liability, claims and demands arising out of any work done or material supplied to the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed Premises by Tenant and restore the Leased Premises or at the end request of the Lease Term; otherwiseTenant in connection with any Alterations. If permitted Alterations are made, all such alterations they shall be made at Landlord's option Tenant’s sole cost and expense and shall be and become a part of the realty and 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 shall not be removed other Alterations installed 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 repair any damages to the Premises caused by such removal upon the expiration or better than the original construction earlier termination 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 lienTerm. If Landlord’s approval is not required in connection with an Alteration, Landlord may require removal of such Alteration, as aforesaid, at 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 time within thirty (30) days after filing. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys' fees in connection with any construction or alteration under this Section 7.03, not performed Tenant’s written request for a determination by Landlord as to whether such Alteration shall be removed upon the expiration or earlier termination of the Term. Any and all costs attributable to or related to the applicable building codes of the city in which the Building is located (or any other authority having jurisdiction over the Building) arising from 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 affiliateadministrative fee of two percent (2%). 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 any related liennot the 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. 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, 3.9.1 Not 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 Leased 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 which do not materially impact or the Building's . 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 electrical systems, do not adversely affect engineering works to procure: (a) that they are carried out only by a contractor approved by the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars Landlord ($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 not to be made by Tenant hereunder without Landlord's approvalunreasonably withheld or delayed), Landlord hereby agrees that, upon written request by Tenant, ; and (b) at the time that Tenant is contemplating alterationsLandlord’s reasonable request, 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 Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to 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 delivery to the Leased Premises, and nothing Landlord of duty of care undertakings in this Lease shall be construed to constitute a consent by Landlord terms acceptable to the creation of any lien. If any lien is filed against Landlord by the Leased Premises for work claimed to have been done for or material claimed to have been furnished to Tenantcontractors carrying out the alterations and additions and, Tenant shall cause such lien to be discharged of record within thirty (30) days after filing. Tenant shall indemnify Landlord from all costsas the case may be, losses, expenses and attorneys' fees 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 construction or alteration 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 this Section 7.03, not performed by the supervision and to the reasonable satisfaction of the Landlord or an affiliate, the Landlord’s surveyor and any related lientaking 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. (a) Tenant shall not permit alterations make or allow to be made any alterations, additions, or improvements in or to the Leased Premises unless and until the plans have been approved by Landlord in writing(collectively, “Alterations”) without first obtaining Landlord’s written consent, which approval as to interior non-consent shall be granted or denied in Landlord’s sole discretion. (b) ▇▇▇▇▇▇ agrees that all such work shall be done at Tenant’s sole cost and expense and in a good and workmanlike manner, that the structural alterations integrity of the Building shall not be unreasonably withheldimpaired, conditioned and that no liens shall attach to all or delayedany 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, Tenant shall have the right movable equipment, trade fixtures, personal property, furniture, or any other items that can be removed without Landlord's consent, and in compliance with all other provisions of this Section, to make any non-structural alterations material harm to the Leased Premises which do will remain Tenant’s property (collectively, “Tenant Owned Property”) and shall not materially impact become the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the cost property 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 but shall be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request removed by Tenant, at Tenant’s sole cost and expense, not later than the time Lease Expiration Date. Tenant shall repair at its sole cost and expense all damage caused to the Premises or the Building by the removal of any Alterations that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by remove or Tenant and restore the Leased Premises Owned Property. Landlord may remove any Tenant Owned Property or Alterations that Tenant is required but fails to remove at the end of the Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty Expiration Date 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 pay to Landlord the reasonable cost of quality equal to or better than the original construction of the Buildingremoval. 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 any construction or alteration ’s obligations under this Section 7.03, not performed by Landlord 8 shall survive the expiration or an affiliate, and any related lienearlier termination of this Lease.

Appears in 4 contracts

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

Alterations. Except as otherwise expressly set forth in this Section, Tenant shall not permit alterations in make or allow to the Leased Premises unless and until the plans have been approved by Landlord in writingbe made any structural, which approval as to interior non-structural or cosmetic alterations, additions, modifications, or improvements to the Premises (“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 requirement that upon demand by Landlord on expiration or earlier termination of this Lease, Tenant, at Tenant’s sole cost and expense, shall remove any such Alterations and restore the portion of the 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 earlier termination of the Lease. Notwithstanding anything to the contrary set forth in this Section 9.2, Tenant shall be allowed to make non-structural Alterations to the Premises without Landlord’s prior approval, provided such Alterations shall not exceed $5,000 in total cost including materials, design and construction costs; and, provided further that such alterations 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 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 such notice shall include a reasonable description of the work to be unreasonably withheld, conditioned or delayedcompleted. Notwithstanding the foregoing, Tenant Landlord shall have the right without Landlord's consentto specify the day(s) of the week and the time of day that any such work can be completed by Tenant; in 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 in compliance with all other provisions of this Section, to make any non-structural alterations times as the building is not open to the Leased Premises which do not materially impact public. In the Building's mechanical or electrical systemsevent Tenant desires to complete Alterations requiring Landlord’s approval, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives shall provide Landlord fifteen (15) days prior with written notice of any its intent to complete such alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect Alterations not less than 120 days prior to any alterations permitted the date on’ which Tenant intends 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 Lease Term; otherwise, all start such alterations and such notice shall at Landlord's option become include a part detailed scope of the realty work and the property of Landlord, anticipated start and end dates for construction. All such Alterations (a) shall equal or exceed the then-current standard for the Building and shall not be removed by Tenant. Tenant shall ensure that all alterations utilize only new, first or top-grade materials, (b) shall be made completed in accordance conformity with all applicable laws, ordinances, regulations and building codesrequirements, 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 a good such form and workmanlike manner 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 quality equal to any change, addition or better than the original construction of the Building. No person improvement, (e) shall be entitled 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 derived through or under Tenant for resulting from 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 TenantAlterations, Tenant shall cause such lien to be discharged released of record within thirty (30) days after filing. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys' fees in connection with any construction by payment of money or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienposting 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. Tenant shall not permit alterations make additions, alterations, changes or improvements in or to the Leased Premises unless or any part thereof (excluding trade fixtures and until typical office partitions) without the plans have been approved by Landlord in writingprior written consent of Landlord, which approval as to interior non-structural alterations consent shall not be unreasonably withheldwithheld with respect to alterations, conditioned changes or delayedimprovements which do not affect the structure, tenant improvements, or outward appearance of the Leased Premises. Notwithstanding In the foregoingevent that Landlord consents to such additions, Tenant alterations, changes or improvements, then all additions, alterations, changes or improvements shall have be constructed at Tenant’s sole expense and shall, upon completion thereof, become the right without property of Landlord's consent; provided, however, Landlord may, at its option, require Tenant, at Tenant’s sole cost and expense, to remove any such additions, alterations, changes or improvements at the expiration or sooner termination of this Lease, and in compliance with all other provisions of this Section, to make repair any non-structural alterations damages to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, caused by such removal provided that Landlord has informed 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, requirement 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 Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall not be removed keep the Leased Premises, Building, Project and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant. Tenant shall ensure that all alterations shall be made or at the direction of Tenant in accordance connection 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 Leased Premises, and nothing agrees to obtain the discharge of any lien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in this Lease the Project, Building, Leased Premises, or Park as a result thereof. Landlord hereby reserves the right at any time and from time to time, during the term hereof, to make any additions, alterations, changes or improvements (including without limitation, building additional stories) on, in, or to the Building and Project, and to build additional structures adjoining thereto, provided same does not unreasonably interfere with Tenant’s use of the Leased Premises. Any of Tenant’s alterations, additions, changes or improvements shall be construed made at such times and in such manner as not to constitute a consent unreasonably interfere with the occupation, use and enjoyment of the remainder of the Project 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienother tenants thereof.

Appears in 4 contracts

Sources: Lease Agreement (EverBank Financial Corp), Lease Agreement (EverBank Financial Corp), Lease Agreement (EverBank Financial Corp)

Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the 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 alterations any Alterations in or to the Leased Premises unless and until the plans have been approved by Landlord in writingwithout first obtaining Landlord’s consent, which approval as to interior non-structural alterations consent shall not be unreasonably withheld, conditioned . With respect to any Alterations made by or delayed. Notwithstanding on behalf of Tenant (whether or not the foregoingAlteration requires Landlord’s consent): (i) not less than 10 days 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 right without Landlord's consentAlteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all other provisions Laws and the plans and specifications 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, and of any supervision or inspection of the 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 termination of this SectionLease; 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, to make in which event Tenant will remove it, will repair any non-structural alterations resulting damage and will restore the Premises to the Leased Premises which do not materially impact 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 Building's mechanical Alterations at the expiration or electrical systemstermination of this Lease. Tenant may install its trade fixtures, do not adversely affect the Building's appearance or value, furniture and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) equipment in the aggregatePremises, provided that Tenant gives Landlord fifteen (15) days prior written notice the installation and removal of them will not affect 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 structural portion of the Lease Term; otherwiseProperty, all such alterations shall at Landlord's option become a part of any Building System or any other equipment or facilities serving the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to Building 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 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienoccupant.

Appears in 4 contracts

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

Alterations. (a) Except as hereinafter expressly provided, Tenant shall not make or permit alterations to be made any alterations, additions, changes or improvements in or to the Leased Premises unless 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 until the plans have been approved by every term, covenant and condition in this Lease and, with respect to such alterations, additions, changes or improvements, has provided Landlord in writing, which approval with such liability insurance policies and/or surety bonds as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayedLandlord may reasonably request). Notwithstanding the foregoing, Tenant shall not make or permit to be made any 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 or 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 improvements, until such time as Tenant provides Landlord with reasonable evidence of the approval of such alterations, additions, changes or 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 without Landlord's consent, and in compliance with all other provisions of this Section, to make any non-structural alterations to enter upon the Leased Premises which do not materially impact in a reasonable manner and at all reasonable times during the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the 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 course of any such alterations, along with copies additions, changes or improvements for the purpose of inspection and of finding out whether such work conforms to the approved plans and specifications relating thereto. As a condition of such approval and with the agreements herein contained. (ord) Any and all alterations, with respect to any alterations permitted to be additions, improvements and changes made by Tenant hereunder at any time and all governmental approvals therefor shall immediately be and become the property of Landlord without any payment therefor by Landlord's approval); provided, Landlord hereby agrees thathowever, upon written request 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 time expiration or earlier termination of this Lease, provided that Tenant any damage caused thereby is contemplating alterationsimmediately repaired by Tenant. (e) Tenant, Landlord at its own cost and expense, will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant cause any and restore the Leased Premises at the end all mechanics’ liens and perfections of the Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not same which may 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 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 paid and satisfied of record within thirty (30) days after filing. Landlord shall send to Tenant shall indemnify Landlord from all costswritten notice by registered mail of the filing of any notice thereof against the Premises or the owner, lossesfor or purporting to be for labor or materials alleged to be furnished or to be charged by or for Tenant at the Leased Premises, expenses or will bond such mechanics’ liens within said thirty (30) day period and attorneys' fees use its good faith efforts to have such liens discharged by an order of a court of competent jurisdiction as promptly as possible. (f) Any alterations, improvements or other work once begun must be prosecuted with reasonable diligence to completion and, subject to the provisions of Subsection 12(e), above, be paid for by Tenant in connection with any construction full, free and clear of liens or alteration under this Section 7.03, not performed by Landlord encumbrances against the Leased Premises or an affiliateLandlord, and any related lienmust be performed in all respects in accordance with law.

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. 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 addition, alteration or change involving an estimated cost up to but not permit alterations exceeding $750,000, reasonably adjusted for inflation every 5 Years in the 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 more than $750,000 being hereinafter called a “Substantial Alteration”) in or to the Leased Premises unless Premises, provided no Event of Default shall be continuing, subject, however, in all cases to the following: (a) 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 until 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 Tenant, and no such Substantial Alteration shall be made, except in accordance with detailed plans have been and specifications and cost estimates prepared and approved in writing by Landlord such architect or engineer and reasonably approved in writingwriting by Landlord, which such approval as not to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. Notwithstanding In addition to the foregoingitems mentioned in the preceding sentence, Tenant shall have the right without Landlord's consent, and in compliance with all other provisions of this Section, also provide to make any non-structural alterations Landlord evidence reasonably satisfactory to Landlord as to the Leased Premises which do not materially impact the Building's mechanical funds available to Tenant to complete such Substantial Alteration. (d) Any Alterations or electrical systems, do not adversely affect the Building's appearance or value, and the 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 Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations Substantial Alterations shall be made in accordance with all applicable laws, regulations reasonable dispatch (Unavoidable Delays excepted) 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 in compliance in all material furnished to the Leased Premises, respects with all applicable permits and nothing in this Lease shall be construed to constitute a consent by Landlord to the creation authorizations and buildings and zoning laws and with all other Legal Requirements 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienGovernmental Authority.

Appears in 3 contracts

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

Alterations. Tenant shall not permit alterations Any alterations, additions and improvements in or to upon the Leased Subleased 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 electrical systems, do not adversely affect the Building's appearance or value, and the 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)only after prior written consent by Sublessor, which consent shall not be withheld if Landlord hereby agrees that, upon written request by Tenant, at consents thereto. Upon 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 termination of the Lease Term; otherwiseterm hereof, all such alterations alterations, additions and improvements (except personal property, business and trade fixtures, machinery and equipment, furniture and movable partitions owned by Tenant) shall at Landlord's option become a be and remain part of the realty and the property of Landlord, Subleased Premises and shall not be removed by TenantTenant unless such removal is required by Sublessor, in which case Tenant shall remove the same and restore the Subleased Premises to the 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 shall ensure that covenants and agrees to indemnify Sublessor and Landlord against, and hold Sublessor and Landlord harmless from, all alterations shall be made in accordance with all applicable lawsliens, 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 whether for any labor or material furnished materials arising as the result of alterations, additions, repairs, or improvements to the Leased Premises, and nothing in Subleased Premises made by Tenant during the term of 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienSublease.

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. (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 substitutions and replacements for the Improvements (“Alterations”), provided that Tenant delivers a written statement identifying the 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 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 not permit alterations in or to the Leased Premises unless and until the plans have been approved by Landlord in writingfirst obtained Landlord’s written consent, which approval as to interior non-structural alterations consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant Landlord’s consent shall have the right without not be required for Alterations of a merely cosmetic nature. If Landlord's consent, consent is required under this Section 10 and in compliance Landlord has not provided Tenant with all other provisions of this Section, to make any non-structural alterations to the Leased Premises which do not materially impact the BuildingLandlord's mechanical approval or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars disapproval within twenty ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (1520) days prior written notice after Landlord's receipt of any such alterations, along with copies from Tenant of plans and specifications relating thereto. As a condition of and other reasonable information requested from Landlord, and such approval failure continues for ten (or, with respect to any alterations permitted to be made by Tenant hereunder without 10) days after Landlord's approval), Landlord hereby agrees that, upon receipt of written a second request by from Tenant, at the time that Tenant is contemplating alterations, Landlord will inform be deemed to have approved the request. Upon Landlord’s request, Tenant as 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 whether such proposed alterations will be use funds available in the TI Allowance account, all necessary permits and approvals required to perform the proposed Alteration. All such Alterations shall be removed by Tenant and restore the Leased Premises at the end of the Lease Term; otherwise, all such alterations shall at Landlord's option become a remain part of the realty and the property of Landlord, Landlord and shall not be removed by Tenantsubject to this Lease. Landlord agrees to execute such utility easements, building permit applications, zoning changes and other similar governmental applications as 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 may reasonably deem necessary 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 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 requisite in connection with any construction 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 alteration under this Section 7.03change the nature of the Premises when compared to Comparable Buildings. Tenant shall reimburse, not performed 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. (b) Notwithstanding the foregoing paragraph, Tenant may place upon the Premises any inventory, fixtures, machinery, equipment or an affiliateother improvements which can be removed without structural damage to the Premises (“Tenant’s Trade Property”) and may remove the same at any time during the Term of this Lease. Landlord agrees, within ten (10) Business Days of Tenant’s request and at Tenant’s expense, to execute a waiver or subordination of its statutory or contractual landlord’s lien to any related lienholder of 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 holder of such security interest, or such lessor, agrees in writing to repair any damage which may be done to the Premises as a result of a removal of any of Tenant’s Trade Property. Tenant shall promptly repair any damage to the Premises caused by its removal of any of Tenant’s Trade Property.

Appears in 3 contracts

Sources: Lease Agreement, Lease Agreement, Lease Agreement

Alterations. Tenant shall not permit alterations in or to the Leased Premises unless and until the plans have been approved by Landlord in writingnot, without on each occasion first obtaining Landlord’s prior written consent (which approval as to interior non-structural alterations consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding ), make any alterations, improvements or additions to the foregoingPremises, except that Tenant may, without the consent of Landlord, make minor improvements to the interior of the Premises provided that: (i) they do not impair the structural strength, operation or value of the Building, and (ii) Tenant shall have take all steps required or permitted by law to avoid the right without Landlord's consentimposition of any mechanics’ lien upon the Premises, Building and in compliance with all other provisions Land. All permanent alterations, improvements and additions, except for minor alterations and improvements, become part of this Section, to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the cost property of which does not exceed Forty Five Thousand Landlord without payment therefor by Landlord and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives shall be surrendered to 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 Lease Term; otherwisePROVIDED, HOWEVER, if so notified by Landlord, Tenant shall, prior to the end of the Term, remove all and any such alterations shall at Landlord's option become a part of and improvements made by Tenant after initial occupancy, or the realty and the property of parts thereof specified by Landlord, from the Premises and shall repair all damage caused by installation and removal; provided, further, if Tenant, in its request for approval of an alteration, clearly states in its request notice that it will not remove the alterations upon the expiration or sooner termination of this Lease, then if Landlord approves the request for consent without conditioning such approval on removing the alterations, then Tenant shall not be removed 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 end of the Term with respect to any specific improvements, partitions or fixtures. Tenant shall ensure that all alterations For purposes of this Section 14, “minor improvements” 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 defined as those improvements costing no more 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 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lien$50,000.

Appears in 2 contracts

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

Alterations. Except for non-structural Alterations that (i) do not exceed $5,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the 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 alterations any Alterations in or to the Leased Premises unless 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 the plans, specifications and until necessary permits for the plans Alteration, together with certificates evidencing that Tenant’s contractors and subcontractors have been approved by Landlord in writingadequate 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 as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. Notwithstanding (iii) the foregoingAlteration shall be constructed with new materials, Tenant shall have the right without Landlord's consentin a good and workmanlike manner, and in compliance with all other provisions Laws and the plans and specifications 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, and of any supervision or inspection of the 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 termination of this SectionLease; 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, to make in which event Tenant will remove it, will repair any non-structural alterations resulting damage and will restore the Premises to the Leased Premises which do not materially impact 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 Building's mechanical Alterations at the expiration or electrical systemstermination of this Lease. Tenant may install its trade fixtures, do not adversely affect the Building's appearance or value, furniture and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) equipment in the aggregatePremises, provided that Tenant gives Landlord fifteen (15) days prior written notice the installation and removal of them will not affect 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 structural portion of the Lease Term; otherwiseProperty, all such alterations shall at Landlord's option become a part of any Building System or any other equipment or facilities serving the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to Building 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 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienoccupant.

Appears in 2 contracts

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

Alterations. Tenant shall not permit alterations make no alterations. installations, changes or additions in or to the Leased Premises unless or the 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 until are within the plans have been general scope of the Tenant Improvements. Any Alterations approved by Landlord must be performed in accordance with the terms hereof, using only contractors or mechanics approved by Landlord in writing, which writing and upon the 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, by Landlord in writing of fully detailed 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 electrical systems, do not adversely affect the Building's appearance or value, and the 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 dimensioned plans and specifications relating thereto. As a condition of such approval (orpertaining to the Alterations in question, with respect to any alterations permitted to be made prepared and submitted 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 its sole cost and restore the Leased Premises at the end of the Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenantexpense. Tenant shall ensure that at its sole cost and expense obtain all alterations necessary approvals and permits pertaining to any Alterations approved by Landlord. Tenant shall cause all Alterations to be made in accordance with all applicable laws, regulations and building codes, performed in a good and workmanlike manner manner, in conformance with all applicable federal, state, county and of quality equal municipal laws, rules and regulations, pursuant 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 Leased Premisesa valid building permit, and nothing in this Lease shall be construed to constitute a consent by Landlord to the creation of any lienconformance with Landlord’s construction rules and regulations. If Landlord, in approving any lien is filed against the Leased Premises for work claimed to have been done for or material claimed to have been furnished to TenantAlterations, specifies a commencement date therefor, Tenant shall cause not commence any work with respect to such lien Alterations prior to be discharged of record within thirty (30) days after filingsuch date. Tenant shall indemnify hereby agrees to indemnify, defend, and hold Landlord free and harmless from all costsliens and claims of lien, lossesand all other liability, expenses claims and attorneys' fees demands arising out of any work done or material supplied to the Premises by or at the request of Tenant in connection with any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienAlterations.

Appears in 2 contracts

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

Alterations. Tenant shall not permit All improvements and alterations in or to the Leased Premises unless to be made by Tenant shall be installed at the cost and until the 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, writing by Landlord (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 In connection with all other provisions any request for an approval of this Section, to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the 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 Landlord may retain the time that services of an architect and/or engineer and Tenant is contemplating shall reimburse Landlord for the reasonable fees of such architect and/or engineer. All alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed 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 at to its original condition by the end date of termination of this Lease or upon earlier vacating of the Lease TermLeased Premises; otherwiseprovided, all however, that, if at such alterations time Landlord so elects, such alterations, additions, improvements and partitions shall at Landlord's option become a part of the realty and the property of LandlordLandlord as of the date of termination of this Lease or upon earlier vacating of the Leased Premises and title shall pass to Landlord under this Lease as by a ▇▇▇▇ 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, and shall not be removed additions or improvements proposed by Tenant. Tenant shall ensure that all alterations shall be made constructed in accordance with all applicable governmental laws, ordinances, rules and regulations and building codesTenant shall, in a good prior to construction, provide such assurances to Landlord, including but not limited to, waivers of lien, surety company performance bonds and workmanlike manner and personal guaranties of quality equal individuals of substance, as Landlord shall require to or better than the original construction assure payment of the Buildingcosts thereof and to protect Landlord against any loss from any mechanics', laborers', materialmen's or other liens. No person shall be entitled to any lien derived through or under Tenant for any labor or material furnished to As of 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 TenantEffective Date, Tenant shall cause such lien 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 discharged of record within paid solely by Tenant, and (ii) upon not less than thirty (30) days after filing. notice, Tenant shall indemnify 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 from all costsis installing exterior signage at the time it delivers notice to Tenant to remove its sign, lossesLandlord 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, expenses any remaining signs will be removed by Tenant at Tenant's sole expense and attorneys' fees in connection with shall remain the property of Tenant. Except as expressly set forth herein, Tenant shall have no right to install any construction signage on the Property or alteration under this Section 7.03, not performed by Landlord the interior or an affiliate, and any related lienexterior of the Building.

Appears in 2 contracts

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

Alterations. Tenant shall will not permit alterations in make any demolition, alteration, installation, improvement, expansion, reduction or decoration (each, an "Alteration") of or to any Leased Property or any part thereof, except in accordance with the Leased Premises unless following terms and until conditions: (a) The Alteration shall be undertaken in accordance with 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 applicable provisions of this SectionLease, to make any non-structural alterations to Landlord's Loan Documents, the Leased Premises which do 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 impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance (i) Primary Intended Use or value, and the cost (ii) fair market value 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 Property in question. (d) A Material Alteration shall be conducted under the end supervision of the Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, Qualified Architect or Engineer and shall not be removed undertaken until ten (10) Business Days after there shall have been delivered to Landlord, for information purposes only and not for approval by TenantLandlord, detailed plans and specifications and cost estimates therefor, prepared and approved in writing by such Qualified Architect or Engineer. Tenant shall ensure Such plans and specifications may be revised at any time and from time to time, provided that all alterations material revisions of such plans and specifications shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal delivered to or better Landlord for information purposes only. (e) Other 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 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 any construction Restoration, the Alteration may not, in and of itself, either during the Alteration or alteration under this Section 7.03upon completion, not performed materially adversely affect the Receipts derived from the Leased Property in question, taking into account the Percentage Rent requirements hereunder; provided that if, as reasonably determined by Landlord or an affiliateLandlord, such Alteration would materially adversely affect the Net Operating Income at such Leased Property (taking into account any amount then in any reserve account funded pursuant to any Cash Management Procedures and any related lienpermitted 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. Tenant shall not permit alterations in or Subject 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 foregoingapplicable provisions of this Lease, Tenant shall have the right without Landlord's consent, to construct additional improvements and in compliance with all other provisions of this Section, to make subsequent alterations, additions or other changes to any non-structural alterations improvements or fixtures existing from time to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or valuetime, and the cost of Premises shall constitute all such improvements as they exist from time to time. In connection with any action 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, may take with respect to any alterations permitted to be made by Tenant hereunder without LandlordTenant's approval)rights pursuant hereto, Landlord hereby agrees thatshall not be responsible for and Tenant shall pay all costs, upon written request expenses and liabilities arising out of or in any way connected with such improvements, alterations, additions or other changes made 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 including without limitation materialmens’ and restore the Leased Premises at the end of the Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to 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 Leased Premises, and nothing in this Lease shall be construed to constitute a consent by Landlord to the creation of any lienmechanic’s liens. If any lien or encumbrance (other than those permitted hereunder or liens otherwise authorized by Landlord in writing) is filed against the Leased Premises for work claimed to have been done for or material claimed to have been furnished to TenantPremises, Tenant shall cause such lien to be discharged of record within thirty (30) days after filingof 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 repairs whatsoever in or about the Premises, and Landlord shall not be liable or accountable for any damages to the Premises or any property located thereon. Tenant shall indemnify have the right at any time to demolish or substantially demolish improvements located upon the Premises. No such alteration or demolition shall have any impact on Tenant’s obligation to pay the Base Rent or and other sums required to be paid to Landlord from all costs, losses, expenses and attorneys' fees in connection with any construction or alteration under this Section 7.03Lease. In making improvements and alterations, Tenant shall not performed by be deemed Landlord's agent and shall hold Landlord harmless from any expense or an affiliatedamage Landlord may incur or suffer. During the term of this Lease, and any related lientitle to all improvements shall at all times be vested in Landlord.

Appears in 2 contracts

Sources: Land and Improvements Lease, Land and Improvements Lease

Alterations. Tenant shall not permit alterations No alteration, addition, improvement, or other change in or to the Leased Premises unless and until (hereinafter an “Alteration”) shall be made by Tenant except under the plans have been approved by following circumstances: (a) no Alteration shall be made without the prior written consent of Landlord in writingto the specific Alteration, which approval as to except usual nonstructural 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 that are wholly within the Leased Premises which do not materially impact the Building's mechanical or electrical systems, and that do not adversely affect the Building's appearance or value, any Building systems; (b) no Alteration shall be commenced until Tenant has first obtained and the cost paid for all required permits and authorizations of which does not exceed Forty Five Thousand and 00/100 Dollars all governmental authorities having jurisdiction; ($45,000.00c) 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 Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations Alteration shall be made in accordance with all applicable laws, regulations promptly and building codes, in a good and workmanlike manner and in compliance with all laws, ordinances, regulations, and requirements of quality equal 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 all times be free of liens and claims for work, 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 better than proceed unless Tenant gives evidence reasonably satisfactory to Landlord that such Alteration will be fully paid for upon completion; and (e) any Alteration shall immediately become and remain the original property of Landlord. Landlord shall have the right at its option to require Tenant to remove any Alteration and to restore the Leased Premises to the same condition as before the Alteration was made, so long as Landlord has expressly stated such removal requirement at the time of Landlord’s consent to the construction of such Alteration. Notwithstanding the Building. No person shall be entitled foregoing, Landlord hereby states that all Tenant Improvements are permitted to any lien derived through or under Tenant for any labor or material furnished to remain in the Leased Premises, and nothing in this Lease shall be construed to constitute a consent by Landlord to the creation without any removal obligation 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 upon termination of record within thirty (30) days after filing. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys' fees in connection with any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienlease.

Appears in 2 contracts

Sources: Office Lease Agreement (Root, Inc.), Office Lease Agreement (Root Stockholdings, Inc.)

Alterations. Except as provided in the immediately preceding subparagraph, Tenant shall not permit make no structural or material alterations in or additions to the Leased Premises unless ("Alterations") or Alterations having a cost in excess of sixty thousand dollars ($60,000.00) in any one instance without the prior written consent of Landlord, which consent shall not be withheld, delayed or conditioned, and until the plans have been then only by contractors or mechanics approved by Landlord in writing, writing (which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned delayed or delayedconditioned) 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. Notwithstanding anything to the foregoingcontrary contained herein, Tenant shall have the right without Landlord's consent, not be required to deliver plans and in compliance with all other provisions of this Section, specifications to make any Landlord for non-structural alterations to the Leased Premises which (i.e. alterations that do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance structure or valuethe 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 lien, and the cost of which does not exceed Forty Five Thousand all other liability, claims and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice demands arising out of any such alterationswork done or material supplied to the Premises by or at the request of Tenant in connection with any Alterations. If permitted Alterations are made, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to they shall be made by Tenant hereunder without at Tenant's sole cost and expense and shall be and become the property of Landlord's approval), Landlord hereby agrees that, upon written request by Tenant, at the time except that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to specialty Alterations may be removed by Tenant and restore the Leased Premises at the end of the Lease Term; otherwiseTerm (and Tenant shall repair any damages to the Premises caused by such removal) provided, all such alterations shall however, that Landlord may inform Tenant, if requested by Tenant at Landlord's option become a part the time of the realty making of such Alteration, that Landlord will require Tenant, at Tenant's expense, to remove any specialty Alteration at the end of the Term and to repair any damages to the property Premises caused by such removal. Any and all costs attributable to or related to the applicable building codes of Landlord, and shall not be removed by the city in which the Building is located (or any other authority having jurisdiction over the Building) arising from Tenant. Tenant shall ensure that all alterations 's improvements shall be made in accordance with all applicable lawspaid by Tenant at its sole cost and expense. With regard to repairs, regulations and building codesAlterations or any other work arising from or related to this Article 5, in a good and workmanlike manner and of quality equal to or better than the original construction of the Building. No person Landlord shall be entitled to any lien derived through or under 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 any labor or material furnished all third party out-of-pocket costs of Landlord. The construction of initial improvements to the Leased PremisesPremises shall be governed by the terms of the Tenant work letter, attached hereto as Exhibit C, and nothing in not the terms of this Lease Article 5. Landlord shall not be construed to constitute a consent by Landlord to the creation of due any lien. If any lien is filed against the Leased Premises for work claimed to have been done for review 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 management fee in connection with any the construction of Tenant's Work or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienTenant's move-in.

Appears in 2 contracts

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

Alterations. Tenant Except in the event of an emergency, Lessee shall not permit alterations in make or suffer to be made, any alterations, additions or utility installations ("an Alteration") on or about said Premises which violate any ordinance, statute law, rule or regulation (including without limitation the Americans With Disabilities Act). Further, any Alteration on 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 made without 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 electrical systems, do not adversely affect the Building's appearance or value, and the 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 consent of Lessor. Lessor's prior written consent shall not be necessary for emergency repairs. Unless otherwise agreed in writing by Lessor and Lessee, any such alterationsAlterations of said Premises, along with copies of plans except movable furniture and specifications relating thereto. As a condition of such approval (ortrade fixtures, 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, shall become 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 Lease Term; otherwise, all such alterations shall at Landlord's option become once a part of the realty and belong to Lessor. Lessor shall have the property right to increase the security deposit under paragraph 2 hereof in an amount reasonably calculated in good faith by Lessor to cover the cost to repair the altered portion of Landlordthe Premises to its original condition, and Lessee covenants to immediately remit to Lessor such increased security deposit. Lessee shall not be removed by Tenantfurnish Lessor with plans and specifications or other detailed information covering such work, and, upon Lessor's written request, furnish Lessor with a lien and completion bond to insure payment of the costs thereof. Tenant shall ensure that Any and all alterations costs of such Alterations, additions or installation shall be made borne and paid, on or before the due date, by Lessee. Upon the termination of this Lease for any reason, Lessee shall be required at Lessor's option (to be exercised at any time) to remove said Alterations from the Premises and to restore said Premises to their original condition at the sole cost of Lessee. Upon the failure of Lessee to restore the Premises to their original condition, Lessor may utilize the security deposit or any portion thereof to restore the Premises or correct any loss or damage to the Premises at the sole cost of Lessee. Notwithstanding the foregoing sentence, if Lessee anticipates that it would prefer to leave in accordance place as a part of the Premises any Alteration, then concurrently with all applicable lawsLessee's request for approval of such Alteration, regulations and building codesLessee shall request of Lessor that Lessor consent to such Alteration remaining as a part of the Premises upon the termination of this Lease. Lessor may give or withhold such consent, in whole or part, acting 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 Leased Premises, and nothing in this Lease shall be construed to constitute a consent by Landlord to the creation of any liencommercially reasonable manner. If any lien is filed against Lessor does not so consent then Lessee shall comply with 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 preceding provisions of record within thirty (30) days after filing. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys' fees in connection with any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienparagraph 7.

Appears in 2 contracts

Sources: Modified Net Industrial Building Lease (Decrane Aircraft Holdings Inc), Modified Net Industrial Building Lease (Decrane Holdings Co)

Alterations. Tenant shall not permit alterations make additions, alterations, changes or improvements in or to any structural components or the exterior of the Leased Premises unless and until or which reduce the plans have been approved by Landlord in writingvalue of the Leased Premises without the prior written consent of Landlord, which approval as to interior non-structural alterations consent shall not be unreasonably withheld. In the event that Landlord consents to such additions, conditioned alterations, changes or delayed. Notwithstanding improvements, then all additions, alterations, changes or improvements shall be constructed at Tenant’s sole expense and shall, upon completion thereof, become the foregoingproperty of Landlord; provided, Tenant shall have however, Landlord may, at its option, require Tenant, at Tenant’s sole cost and expense, to remove any such additions, alterations, changes or improvements at the right without Landlord's consentexpiration or sooner termination of this Lease, and in compliance with all other provisions of this Section, to make repair any non-structural alterations damages to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, caused by such removal provided that Landlord has informed 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, requirement 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 Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord’s approval. Tenant hereby agrees to indemnify and defend Landlord against, and shall not be removed keep the Leased Premises, Property and Park free from all mechanics’ liens and other such liens arising from any work performed, material furnished, or obligations incurred by Tenant. Tenant shall ensure that all alterations shall be made or at the direction of Tenant in accordance connection 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 Leased Premises, and nothing in this Lease shall be construed agrees to constitute a consent by Landlord to obtain the creation discharge of any lienlien which attaches as a result of such work immediately after such lien attaches or payment for the labor or material is due. If Notice is hereby given to all Tenant’s contractors, subcontractors, materialmen or suppliers that Landlord is not liable for any lien is filed against labor or materials furnished to Tenant on credit and no mechanics’ or other liens shall attach to or affect Landlord’s interest in the Leased Premises for work claimed to have been done for Premises, Property 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienPark as a result thereof.

Appears in 2 contracts

Sources: Lease Agreement (EverBank Financial Corp), Lease Agreement (EverBank Financial Corp)

Alterations. Except for aesthetic or cosmetic changes that are not readily visible from the exterior of the Leased Premises, Tenant shall not permit alterations in or to the Leased Premises unless and until Landlord has approved the plans have been approved by Landlord therefor 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 electrical systems, do not adversely affect the Building's appearance or value, and the 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 may require Tenant to remove 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 upon termination of the Lease Termthis Sublease, which Landlord will expressly state in writing when approving said plans; otherwise, all such alterations shall shall, at Landlord's option option, become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to 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 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 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 perform such alterations shall be subject to Landlord’s written consent, including any contingencies included therein. Prior to commencing any alterations performed by any contractor, Tenant or contractor shall: (a) obtain all permits, licenses, and approvals required for Tenant to perform such work; (b) deliver to Landlord: (i) copies of such permits, licenses, and approvals and (ii) evidence reasonably satisfactory to Landlord that Tenant and/or Tenant’s contractor has procured workers’ compensation, general liability, and personal and property damage insurance as Landlord may reasonably require; (c) cause any such work to be performed (i) in accordance with the plans approved by Landlord and (ii) in a good and workmanlike manner and in compliance with all applicable laws; (d) ensure that all contractors, subcontractors, laborers, and suppliers performing work or supplying materials are paid in full; and (e) during the performance of Tenant’s work, observe and perform all of its obligations under this Section 7.03, not performed by Landlord or an affiliate, and any related lienSublease.

Appears in 2 contracts

Sources: Sublease Agreement, Sublease Agreement

Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not permit alterations in make or suffer to be made any alterations, additions, or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or to the Leased Premises unless or any part thereof or the making of any improvements as required by Article 7, without the prior written consent of Landlord. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and until specifications for such alterations, additions and improvements. Landlord’s consent shall not be required (but notice to Landlord shall be required) with respect to alterations which (i) are not structural in nature, (ii) are not visible from the plans have been exterior of the Building, (iii) do not affect or require modification of the Building’s electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question. 6.2 In the event Landlord consents to the making of any such alteration, addition or improvement by Tenant, or to the extent that Landlord’s consent is not required for same, the same shall be made by using either Landlord’s contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. If Tenant shall employ any contractor other than Landlord’s contractor and such other contractor or any subcontractor of such other contractor 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 suffered by Landlord as a result of any dispute with any labor unions concerning the wage, hours, terms or conditions of the employment of any such labor. In any event Landlord may charge Tenant a construction management fee not to exceed three percent (3%) of the cost of such work if Landlord manages such construction, otherwise seventy-five one hundredths percent (.75%), to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in writingconnection with the proposed work and the design thereof, 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 electrical systems, do not adversely affect the Building's appearance or value, and the 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 Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to 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 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 amounts being due thirty (30) days after filingLandlord’s demand. 6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of the costs thereof, including but not limited to, notices of non-responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or other liens. Tenant shall indemnify Landlord from all costspay in addition to any sums due pursuant to Article 4, lossesany increase in real estate taxes attributable to any such alteration, expenses and attorneys' fees addition or improvement for so long, during the Term, as such increase is ascertainable; at Landlord’s election said sums shall be paid in connection with any construction or alteration the same way as sums due under this Section 7.03, not performed by Landlord or an affiliate, and any related lienArticle 4.

Appears in 2 contracts

Sources: Lease (Alnylam Pharmaceuticals, Inc.), Lease (Alnylam Pharmaceuticals, Inc.)

Alterations. Subsequent to the completion of any Landlord’s Work pursuant to Section 2, if any, Tenant shall not permit alterations in attach any fixtures, equipment or other items to the Leased Premises unless and until Premises, or paint or make any other additions, changes, alterations, repairs or improvements (collectively hereinafter “Alterations”) to the plans have been approved by Landlord in writingPremises, Building , Property, or Center without Landlord’s prior written consent, which approval as with respect to interior non-structural alterations shall Alterations to the Premises will not be unreasonably withheldwithheld so long as Tenant is not then in default of this Lease (beyond any applicable cure period). For any proposed work in excess of $5,000 or that involves any Alterations to the structure of the Building or the Systems and Equipment, Landlord may condition its consent on Tenant’s delivery to Landlord of a letter of credit or completion bond in the amount of 50% of the estimated cost of the Alterations, conditioned or delayedupon Tenant’s timely completion of the work and payment of all persons having lien rights on account of the work. 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 electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives If 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 consents to any alterations permitted to be made by Tenant hereunder without Landlord's approval)Alterations, 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 may post notices of the Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made nonresponsibility in accordance with all applicable lawslaw. Any Alterations so made shall remain on and be surrendered with the Premises upon expiration or earlier termination of this Lease, regulations and building codesexcept that Landlord may, in a good and workmanlike manner and within thirty (30) days before expiration 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 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 filingearlier 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 or expiration of this Lease, and Landlord shall make such identification simultaneous with its approval (if any) of the Alterations. If Landlord elects to require removal of Alterations, then at its own and sole cost Tenant shall indemnify restore the Premises to the condition prior to the installation of the alteration (reasonable wear and tear, condemnation and casualty damage excepted), before the last day of the term or 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 from consents to all costs, losses, expenses and attorneys' fees of Tenant’s Alterations to the Premises in connection with any construction or alteration under existence on the date of this Section 7.03, not performed by Landlord or an affiliate, and any related lienLease.

Appears in 2 contracts

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

Alterations. (a) Tenant shall not permit alterations make or suffer to be made any alterations, additions or improvements costing in excess of $50,000 per project (collectively, “Alterations”) in, on or to the Leased Premises unless and until or any part thereof without the plans have been approved by Landlord in writingprior written consent of Landlord, which approval as to interior non-structural alterations 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, then Landlord shall have the right to withhold consent to such Alteration at Landlord’s discretion. Any Alterations in, on or to the 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 without compensation to Tenant. In the 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 at least five (5) business days prior notice of commencement of any construction on the Premises. (b) Notwithstanding anything herein to the foregoingcontrary, Tenant shall have the right from time to time without Landlord's ’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 compliance with all connection therewith; and (iv) install and remove carpeting and 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 electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, floor coverings; 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 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 (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approvala), Landlord hereby agrees that, upon written request by above. (c) Tenant, at its expense and at any time and from time to time, may install in and remove from the time that 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 is contemplating alterations, Landlord will inform Tenant as to whether repairs any damage occasioned by such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; otherwise, all such alterations removal. Fixtures other than trade fixtures shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and Landlord at the expiration or earlier termination 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 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienLease.

Appears in 2 contracts

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

Alterations. Except for non-structural alterations and alterations that do not affect building HVAC, plumbing or other systems all of which not to exceed $25,000.00 per calendar year, Tenant shall not permit alterations in or to the Leased Premises unless and until Landlord has approved the plans have been approved by Landlord therefor 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 electrical systems, do not adversely affect the Building's appearance or value, and the 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 may require Tenant to remove 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 upon termination of the Lease Termthis Lease; otherwise, all such alterations shall at Landlord's ’s option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to 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 Leased Premises, and nothing in this Lease shall be construed to constitute a Landlord’s 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lien.

Appears in 2 contracts

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

Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not permit alterations in make or suffer to be made any alterations, additions, or improvements, including but not limited to, the attachment of any fixtures or equipment in, on, or to the Leased Premises unless or any part thereof or the making of any improvements as required by Article 7, without the prior written consent of Landlord, except that Landlord’s consent shall not be required for any interior, nonstructural alteration, addition, or improvement that does not exceed Fifteen Thousand Dollars ($15,000) in cost per project so long as (a) such alteration, addition, or improvement does not impact the base structural components or systems of the Building and until (b) such alteration, addition or improvement is not visible from the outside of the Building. When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans have been approved by Landlord in writingand specifications for such alterations, which approval as to interior non-structural alterations additions and improvements. Landlord’s consent shall not be unreasonably withheldwithheld with respect to alterations which (i) are not structural in nature, conditioned (ii) are not visible from the exterior of the Building (iii) do not affect or delayedrequire modification of the Buildings electrical, mechanical, plumbing, HVAC or other systems, and (iv) in aggregate do not cost more than $5.00 per rentable square foot of that portion of the Premises affected by the alterations in question. 6.2 Whether or not Landlord’s consent is required for the making of any such alteration, addition or improvement by Tenant, the same shall be made by using either Landlords contractor or a contractor reasonably approved by Landlord, in either event at Tenant’s sole cost and expense. Notwithstanding the foregoingIf Tenant shall employ any contactor other than Landlords contactor and such other contactor or any subcontractor of such other contactor shall employ any non-union labor or supplier, Tenant shall have 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 unions concerning the right without Landlord's consentwage, hours, terms or conditions of the employment of any such labor. Tenant may, at its option, engage Landlord to provide construction management services, and in compliance such event, Landlord may charge Tenant a construction management fee to cover its overhead as it relates to such proposed work, plus third-party costs actually incurred by Landlord in connection with the proposed work and the design thereof, with all other provisions such amounts being due ten (10) days after Landlords written demand. 6.3 All alterations, additions or improvements proposed by Tenant shall be constructed in accordance with all government laws, ordinances, rules and regulations, using Building standard materials where applicable, and Tenant shall, prior to construction, provide the additional insurance required under Article 11 in such case, and also all such assurances to Landlord as Landlord shall reasonably require to assure payment of this Sectionthe costs thereof including but not limited to, to make any notices of non-structural alterations responsibility, waivers of lien, surety company performance bonds and funded construction escrows and to protect Landlord and the Building and appurtenant land against any loss from any mechanic’s, materialmen’s or 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. At Tenant’s request upon Tenant’s application to Landlord for consent to the Leased Premises which do not materially impact making of an alteration, addition or improvement to the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the 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)Premises, Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform shall advise Tenant as to whether Landlord requires Tenant to remove such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end alteration, addition or improvement upon expiration of the Lease Term; otherwise. In no event shall Tenant be obligated to remove any alteration, all such alterations shall at Landlord's option become a part addition or improvement which exists upon the Premises on or before the execution of this Lease or any alteration, addition, or improvement which Landlord had not advised Tenant to remove upon expiration of the realty and the property of LandlordLease Term when consenting to such alteration, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable lawsaddition, 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 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienimprovement.

Appears in 2 contracts

Sources: Early Entry Agreement (Alder Biopharmaceuticals Inc), Early Entry Agreement (Alder Biopharmaceuticals Inc)

Alterations. Other than in connection with Tenant's Work, Tenant shall not permit make any structural alterations in any portion of the Premises, nor make any alterations in the storefront or to the Leased Premises unless and until exterior of the plans have been approved Premises, without Landlord's prior written consent, which consent may be withheld by Landlord in writingits sole discretion. Tenant shall not make any interior alterations affecting the common utility or common mechanical systems of the Project (including, without limitation electrical, plumbing or heating, ventilating and air conditioning systems), without first obtaining the written consent of Landlord, which approval as to interior non-structural alterations consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Landlord agrees that Tenant shall have may make interior, non-structural alterations which do not affect the right common utility or mechanical systems of the Project 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 electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that all such alterations comply with applicable codes and provided Tenant gives Landlord fifteen (15) days 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 terms of this Lease. At the expiration of the Lease or earlier termination of this Lease, unless non-removal by Tenant was agreed to by Landlord in connection with the Landlord's initial approval, Tenant shall promptly remove all alterations, additions and improvements and any other property placed in the Premises by Tenant and Tenant shall repair any damage caused by such removal. Tenant shall not be required to remove any alterations, additions and improvements unless, within thirty days prior to the expiration of the Term, Landlord advises Tenant that it desires for Tenant to remove such alterations, along with copies of plans additions or improvements and specifications relating thereto. As a condition of such approval (or, with respect to Tenant shall not in 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 event be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to or better than the original construction of the Building. No person shall be entitled to remove 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienstructural improvements.

Appears in 2 contracts

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

Alterations. Tenant shall in no event make or permit to be made any alteration, modification, substitution or other change of any nature to the mechanical, electrical, plumbing, HVAC and sprinkler systems within or serving the Premises. After completion of Tenant’s Improvements within the Premises, Tenant shall not make or permit alterations in any other improvements, alterations, fixed decorations, substitutions or modifications, structural or otherwise, to the Leased Premises unless or the 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 until the plans have been approved by Landlord in writing, which approval as to interior non-structural alterations wall coverings; but shall not be unreasonably withheld, conditioned or delayed. Notwithstanding include the foregoing, Tenant shall have initial Tenant’s Improvements placed within the right without Landlord's consent, and in compliance with all other provisions Premises pursuant to Subsection 5.1 of this Section, to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the 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 Lease. All Alterations shall be based on complete plans and specifications relating theretoprepared and submitted by Tenant to Landlord for approval, except in the instance of cosmetic changes, such as painting and carpeting, in which case Tenant shall provide Landlord with samples showing colors, styles, etc. As a condition of such approval (or, with respect to any alterations permitted to All Alterations shall be made by Tenant hereunder without Landlord's approval)Landlord at Tenant’s sole cost, Landlord hereby agrees that, upon written request payable by Tenant, at the time that Tenant is contemplating alterationsas Additional Rent, 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 Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to 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 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 filingreceipt of an invoice for same from Landlord, which cost shall include Landlord’s standard construction management fee. Tenant shall indemnify be responsible for the cost of any additional improvements within the Premises or the Common Area required by The Americans with Disabilities Act of 1990 as a result of Tenant’s Alterations. If Tenant makes any Alterations without the prior consent of Landlord, then, in addition to Landlord’s other remedies, Landlord may correct or remove such Alterations and Tenant shall pay the cost thereof, as Additional Rent, on demand. 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 all coststime to time. Tenant agrees to cooperate with Landlord to allow Landlord to exercise this right. All life safety systems installed by Tenant, lossesor on Tenant’s behalf, expenses must be at Tenant’s expense and attorneys' fees in connection must be compatible with any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienLandlord’s central monitoring systems.

Appears in 1 contract

Sources: Office Lease (Marpai, Inc.)

Alterations. Tenant shall not permit alterations in make or suffer any alteration, improvement or addition ("Tenant's Alterations") to the Leased Premises unless Premises, other than installation of Tenant's Fixtures as provided in Paragraph 7.5 of this Lease and until the plans have been approved all maintenance and repairs to be performed by Landlord Tenant as provided in writingParagraph 7.2 of this Lease, without obtaining Landlord's prior written consent, which approval as to interior non-structural alterations consent shall not be unreasonably withheld, conditioned delayed or delayed. Notwithstanding conditioned; provided, however, if such Tenant's Alterations shall cost less than $5,000 and do not affect the foregoingstructure of the Building or constitute a material modification to the systems of the Building, such as plumbing, HVAC or electric service, Tenant shall have the right may perform such Tenant's Alterations 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 electrical systems, do not adversely affect the Building's appearance or value, and the 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 Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made work is performed in accordance with any and all applicable laws, regulations rules, order and building codescodes pertaining to the performance of such work. Tenant's Alterations shall include, in a good and workmanlike manner and without limitation, any work by Tenant which affects the exterior of quality equal to the Premises or better than any structural, plumbing, electrical or mechanical component of the original construction of Premises or the Building. No person Any and all of Tenant's Alterations shall be entitled deemed to be part of the Premises for the purposes of Tenant's obligations hereunder to maintain and repair the Premises. Upon the expiration or earlier termination of this Lease, Tenant's Alterations shall become the property of the Landlord, which property Tenant shall surrender with the Premises unless Landlord, by 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 lien derived through or under Tenant for any labor or material furnished to the Leased Premisesdamage such removal causes, and nothing in this Lease shall be construed restore the Premises to constitute a consent by Landlord their condition prior to the creation installation 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 such 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lien's Alterations.

Appears in 1 contract

Sources: Lease Agreement (Simmons Co /Ga/)

Alterations. Except as otherwise required herein, Tenant shall not permit alterations in make any alterations, additions, remodeling, improvements, or work of any kind or nature (herein referred to collectively as "Alteration") of or to the Leased interior or the exterior of the Premises unless and until or cut or drill into the plans have been approved by Landlord Premises or install any awning, canopy, antenna, fixture, furniture, apparatus, equipment or device of any kind (herein referred to collectively as "Fixtures") in writingor upon the interior or the exterior of the Premises, without the prior written consent of Landlord, which consent Landlord may withhold in its sole and absolute discretion, except for the installation in the interior of the Premises of unattached, movable trade fixtures and furniture which may be installed without drilling, cutting or otherwise defacing the Premises (herein referred to as "Removable Trade Fixtures"). Removable Trade Fixtures and Fixtures (subject to obtaining Landlord's approval as to interior non-structural alterations of the installation thereof) installed by Tenant shall be new. In furtherance and not be unreasonably withheld, conditioned or delayed. Notwithstanding in limitation of the foregoing, Tenant shall have not make or permit to be made any alteration or change to or otherwise interfere or permit any interference with the right without Landlord's consentoperation of the Condenser Water System, HVAC System, the sprinkler system (if any) and any other Building systems which may now or hereafter be installed in the Premises. Tenant shall submit to Landlord for its review and approval, complete plans and specifications for any proposed Alteration at the time approval is sought, and in compliance with all other provisions of this Sectionif necessary, resubmit the same from time to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systemstime, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord within fifteen (15) days prior after receipt of written notice of any such alterationsdisapproval thereof from Landlord, along with copies of plans and specifications relating theretountil the same are approved by Landlord. As a condition of such approval (or, All work to be completed by Tenant with respect to any alterations permitted Alteration shall be completed in the manner set forth in this Lease. Anything contained herein to the contrary notwithstanding, if anything done or suffered to be made done by Tenant hereunder without Landlord's approval), Landlord hereby agrees thatin, upon written request by Tenantor about the Premises shall cause any damage to any such system, at the time that Tenant is contemplating alterationsshall promptly notify Landlord and shall, 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 Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of option, either repair such damage or pay to Landlord, upon demand and shall not be removed by Tenantas Additional Rent, the cost to Landlord of repairing the same. Tenant shall ensure that all alterations shall be made in accordance comply with all applicable lawsfederal, state, county and local laws and ordinances (including, without limitation, the ADA) and all rules and 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 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 governmental authority having jurisdiction over 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienPremises.

Appears in 1 contract

Sources: Office Lease (Elec Communications Corp)

Alterations. Tenant shall not permit alterations make any alterations, improvements, additions, installations, or changes of any nature in or to the Leased Premises (any of the 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 construction techniques, and until (iii) Tenant pays to Landlord the plans have been approved reasonable costs and expenses of Landlord for architectural, engineering, or other consultants which reasonably may be incurred by Landlord in writingdetermining whether to approve any such Alterations; provided, which approval as however, Tenant shall not be required to interior comply with the provisions of this sentence in the event such Alterations consist of interior, non-structural alterations shall not be unreasonably withheldcosting less than $25,000, conditioned or delayedin the aggregate. Notwithstanding the foregoingAt least 30 days prior to making any Alterations, Tenant shall have submit to Landlord, in written form, proposed detailed plans of such Alterations. Tenant shall, prior to the right without commencement of any Alterations, at Tenant's sole cost, (i) acquire (and deliver to Landlord a copy of) a permit from appropriate governmental agencies to make such Alterations (any conditions of which permit Tenant shall comply with, at Tenant's sole cost, in a prompt and expeditious manner), (ii) obtain and deliver to Landlord (unless this condition is waived in writing by Landlord's consent, ) a lien and completion bond in compliance with all other provisions an amount equal to 125 percent of this Sectionthe estimated cost of the proposed Alterations, to make insure Landlord against any non-structural alterations liability for mechanics' liens and to insure completion of the Leased Premises which do not materially impact work (provided, however, no such bond will be required if the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the estimated cost of which does not exceed Forty Five Thousand and 00/100 Dollars (the proposed Alterations is less than $45,000.00) 100,000, in the aggregate, provided that or if Landlord has mandated the particular contractor which Tenant gives is to use), (iii) provide Landlord fifteen (15) days with 10 days' prior written notice of any such alterationsthe date the installation of the Alterations is to commence, along with copies so that Landlord can post and record an appropriate notice of plans non-responsibility, and specifications relating thereto. As a condition of such approval (or, iv) obtain (and deliver to Landlord proof of) reasonably adequate workers compensation insurance with respect to any alterations permitted of Tenant's employees installing or involved with such Alterations (which insurance Tenant shall maintain in force until completion of the Alterations). All Alterations shall become the property of Landlord upon the expiration of the Lease and shall remain on and be surrendered with the Premises on the Expiration Date or earlier termination of this Lease, except that Landlord may, at its election, require Tenant to be made remove any or all of the Alterations, by so notifying Tenant hereunder without in writing on or before the Expiration Date or earlier termination of this Lease (except where Landlord's approval)prior consent to an Alteration has been obtained, in which event Landlord hereby agrees that, upon written request by Tenant, must notify Tenant at the time it grants its consent that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to remove such Alteration), 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 condition of the Premises prior to the installation of the Alterations which are to be removed. Tenant shall pay all costs for Alterations and other construction done or caused to be done by Tenant and Tenant shall keep the Premises free and clear of all mechanics' and materialmen's lien's resulting from or relating to any Alterations or other construction. Tenant may, at its election, contest the correctness or validity of any such lien provided that (a) immediately on demand by Landlord, Tenant procures and records a lien release bond, issued by a corporation satisfactory to Landlord and authorized to issue surety bonds in the state in which the Premises are located, in an amount equal to 125 percent of the amount of the claim of lien, which bond meets the requirements of California Civil Code Section 3143 or any successor statute, and (b) Landlord may, at its election, require Tenant to pay Landlord's attorneys' fees and costs in participating in such an action. Notwithstanding anything to the contrary contained in this Lease, Tenant's personal property and trade fixtures shall be and remain the property of Tenant at all times; provided, however, any such personal property and trade fixtures which are not removed by Tenant and restore the Leased Premises at the end of on or before the Lease Term; otherwiseis terminated/expired, all such alterations shall at Landlord's option become a part of the realty be and remain 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. 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lien.

Appears in 1 contract

Sources: Full Service Modified Gross Lease (Lightspan Partnership Inc)

Alterations. Tenant shall not permit alterations in make any alterations, improvements, or additions of or to the Leased Premises unless (collectively, "Alteration") without Landlord's advance written consent in each and until the plans have been approved by Landlord in writing, every instance which approval as to interior non-structural alterations consent shall not be unreasonably withheld, conditioned withheld or delayed. Notwithstanding In the foregoingevent Tenant desires to make any Alteration, Tenant shall have the right without Landlord's consent, and in compliance with all other provisions of this Section, first submit to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the 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 therefor and obtain 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 approval thereof prior to whether commencing any such proposed alterations will be required to be removed by Tenant work. Any such plans and restore the Leased Premises at the end of the Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations specifications shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to approved 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 Leased Premises, and nothing in this Lease shall be construed to constitute a consent disapproved 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 filingreceipt and if disapproved, Landlord shall state its reasons for such disapproval. Any contractor hired by Tenant shall indemnify Landlord from all costsmust be properly insured and, lossesif required, expenses licensed. Each and attorneys' fees every Alteration, whether temporary or permanent in connection with any construction or alteration under this Section 7.03character, not performed 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 affiliateAlteration 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 related liendamage caused by such removal and restore the Premises to the condition specified in Section 10 of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Harris Interactive Inc)

Alterations. (a) During the Initial Term and any Renewal Term, Tenant shall not permit make structural or exterior alterations in or to the Leased Premises unless and until the plans have been approved by Landlord in writing, which approval as without Landlord's prior written consent said consent not to interior non-structural alterations shall not be unreasonably withheld, conditioned delayed or delayed. Notwithstanding the foregoingconditioned, but Tenant shall have the right right, without Landlord's consent, and in compliance with all other provisions of this Section, consent to make any non-structural nonstructural alterations to the Leased interior of the Premises which ("Alterations") provided same do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Buildingvalue of the Premises in Landlord's appearance or valuereasonable 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 cost of which does not exceed Forty Five Thousand and 00/100 Dollars internal remodeling plans dated March 1, 2000, initialed by the parties. In making any Alterations, Tenant shall do the following: ($45,000.00i) in the aggregate, provided that Tenant gives Notify Landlord at least 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 commencement of the Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance Alterations; (ii) Comply with all applicable local, state or federal laws, regulations regulations, codes or ordinances affecting such Alterations and building codesthe Premises including without limitation the Americans with Disability Act, in a good and workmanlike manner and of quality equal as amended from time to time; (iii) Not suffer or better than the original construction of the Building. No person shall permit any mechanic's lien or other lien to 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 Premises, or any portion thereof, by reason of work, labor, skill, services, equipment or materials supplied or claimed to have been done for supplied to the Premises at the request of Tenant, or material claimed to have been furnished to 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 such lien the same to be discharged of record within thirty (30) days after filingthe 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 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 from all costs, losses, expenses against and attorneys' fees in connection with any construction or alteration under this Section 7.03, not performed by save Landlord or an affiliateand the Premises, and any related 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 and exterior of the improvements. Landlord, subject to review and approval of the Plans and Specifications for said "Anechoic Chamber" (which approval will not be unreasonably withheld or delayed) agrees that Tenant may make such 10 addition to the Premises, provided the quality of the construction of the improvements is similar to the quality of the construction of the Building and architecturally compatible.

Appears in 1 contract

Sources: Lease Agreement (Telex Communications Inc)

Alterations. (a) During the Initial Term and any Renewal Term, Tenant shall not permit make structural or exterior alterations in or to the Leased Premises unless and until the plans have been approved by Landlord in writing, which approval as without Landlord's prior written consent said consent not to interior non-structural alterations shall not be unreasonably withheld, conditioned delayed or delayed. Notwithstanding the foregoingconditioned, but Tenant shall have the right right, without Landlord's consent, and in compliance with all other provisions of this Section, consent to make any non-structural nonstructural alterations to the Leased interior of the Premises which ("Alterations") provided same do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Buildingvalue of the Premises in Landlord's appearance or valuereasonable 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 cost of which does not exceed Forty Five Thousand and 00/100 Dollars internal remodeling plans dated March 1, 2000, initialed by the parties. In making any Alterations, Tenant shall do the following: ($45,000.00i) in the aggregate, provided that Tenant gives Notify Landlord at least 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 commencement of the Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance Alterations; (ii) Comply with all applicable local, state or federal laws, regulations regulations, codes or ordinances affecting such Alterations and building codesthe Premises including without limitation the Americans with Disability Act, in a good and workmanlike manner and of quality equal as amended from time to time; (iii) Not suffer or better than the original construction of the Building. No person shall permit any mechanic's lien or other lien to 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 Premises, or any portion thereof, by reason of work, labor, skill, services, equipment or materials supplied or claimed to have been done for supplied to the Premises at the request of Tenant, or material claimed to have been furnished to 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 such lien the same to be discharged of record within thirty (30) days after filingthe 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 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 from all costs, losses, expenses against and attorneys' fees in connection with any construction or alteration under this Section 7.03, not performed by save Landlord or an affiliateand the Premises, and any related 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 and exterior of the improvements. Landlord, subject to review and approval of the Plans and Specifications for said "Anechoic Chamber" (which approval will not be unreasonably withheld or delayed) agrees that Tenant may make such addition to the Premises, provided the quality of the construction of the improvements is similar to the quality of the construction of the Building and architecturally compatible.

Appears in 1 contract

Sources: Lease Agreement (Telex Communications International LTD)

Alterations. Tenant shall not permit alterations in make any alterations, improvements, or additions of or to the Leased Premises unless (collectively, "Alteration") without Landlord's advance written consent in each and until the plans have been approved by Landlord in writingevery instance, which approval as to interior non-structural alterations consent shall not be unreasonably withheld; provided, conditioned however, that Landlord may, in its sole and absolute discretion, withhold its consent to any Alteration that affects the structure of the Building or delayedany of the Building's systems. Notwithstanding the foregoing, Tenant shall have the right may make minor non-structural, non-permanent decorations (specifically excluding painting or carpeting) without Landlord's prior consent, and in compliance with all other provisions of this Section, . In the event Tenant desires to make any non-structural alterations 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 Leased Premises which do 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 materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars later than ninety ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (1590) days prior written notice 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 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 removal and restore the Leased Premises at the end of the Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to 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 Leased Premises, and nothing condition specified in Section 10 of 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienLease.

Appears in 1 contract

Sources: Lease Agreement (Genencor International Inc)

Alterations. With the exception of Tenant’s Work (as defined herein), Tenant shall not permit alterations in make, or cause to be made, any alterations, additions or improvements to the Leased Premises unless Property (all of the foregoing being referred to as an “Alteration”) without delivering to Landlord the proposed plans and until specifications for the plans have been approved by Landlord in writingAlteration and obtaining the prior written approval of Landlord, 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, be allowed to make any non-structural alterations to the Leased Premises which that do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance ’s utility systems up to $50,000 or value, and less in any single year to the 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 Property without obtaining Landlord’s prior written notice of any such alterations, along with copies of plans and specifications relating theretoapproval. 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 Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations Any Alteration shall be made in accordance with all applicable laws, regulations at Tenant’s sole cost and building codes, expense and in a good and workmanlike manner and of quality equal to or better than in accordance with 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 Laws relating to the Leased PremisesAlteration, any insurance policies and underwriting requirements and reasonable rules issued by Landlord in the future with respect to construction, and nothing in this Lease shall be construed to constitute a consent by Landlord to the creation of free from any lien. If any lien is filed against the Leased Premises claim or claims 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 filingconstruction liens. Tenant shall indemnify and hold Landlord harmless from and against any and all costsclaims, lossesliens, costs and expenses on account of the Alteration. Tenant shall provide Landlord with evidence of insurance in amounts and attorneys' fees in connection coverage reasonably satisfactory to Landlord, naming Landlord as an additional insured for all work associated with the Alteration. All Alterations shall become Landlord’s property, upon termination of this Lease. However, as a condition to consent to the Alteration, Landlord, at the time Landlord provides its consent to such Alteration, may require that the Alteration be removed by Tenant at the termination of this Lease, and that the Property be returned to the condition that existed prior to the Alteration (any construction or alteration under this Section 7.03, not performed such Alterations designated by Landlord or an affiliatefor removal in its written approval, and being “Required Removables”). If Landlord does not designate any related lienRequired Removables in its notice of approval of such Alterations, then Tenant shall not be required to remove such Alterations.

Appears in 1 contract

Sources: Lease (SANUWAVE Health, Inc.)

Alterations. Tenant shall will not permit alterations in make any alterations, renovations, improvements or other installations in, on or to the Leased Premises unless and until or any part thereof that would alter or change any of the plans have been approved by Landlord in writingstructural components or aspects of the Premises (“Structural Alterations”) without Landlord’s prior written approval thereof, which approval as to interior non-structural alterations shall Landlord will not be unreasonably withheldwithhold, conditioned condition or delayed. Notwithstanding the foregoingdelay; provided, Tenant shall have the right without however, that Landlord may condition 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 electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided ’s approval on Tenant’s agreement 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 alterationsexpiration or termination of this Lease, Landlord will inform Tenant as at Tenant’s cost, remove all Structural Alterations, repair all damage to whether the Premises caused by the installation or removal of such proposed alterations will be required to be removed by Tenant Structural Alteration and restore the Leased Premises at the end of the Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be structural components removed by Tenant. Tenant shall ensure that all have the right to make any other alterations without obtaining the consent of Landlord but shall be made make them in a good and workmanlike manner in accordance with all applicable laws, regulations rules and building codescodes and all other valid requirements of appropriate governmental authorities. Unless Landlord at the time of approval shall require removal thereof, in all Structural Alterations shall become a good and workmanlike manner and of quality equal to or better than the original construction part of the BuildingImprovements and the property of Landlord upon expiration or other termination of this Lease. No person shall be entitled to any lien derived through or under Tenant for any labor or material furnished All non-structural alterations to the Leased PremisesPremises shall become the property of Landlord at the expiration or other termination of the Lease; provided, however, that Landlord at Landlord’s option may require Tenant at Tenant’s cost to remove some or all non-structural alterations and nothing to restore and repair any damage caused by such removal. Upon Tenant’s written request at any time not more than six (6) months before the expiration of the Term, Landlord shall notify Tenant in this Lease shall be construed writing of whether Landlord elects to constitute a consent cause the removal by Landlord to the creation Tenant of any lien. If any lien is filed against the Leased Premises for work claimed to have been done for some or material claimed to have been furnished to all of 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lien’s non-structural alterations.

Appears in 1 contract

Sources: Lease Agreement (Boston Gear LLC)

Alterations. 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 Except for non-structural alterations costing less than $5,000, Tenant shall make no alterations, additions or improvements to the Premises without the prior written consent of Landlord, which in the case of non-structural alterations costing more than $5,000.00 shall not be unreasonably withheld, conditioned withheld or delayed. Notwithstanding , but in the foregoing, Tenant shall have the right without case of structural alterations is to be given or withheld in Landlord's consent’s reasonable discretion, 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 electrical systems, do not adversely affect the Building's appearance or value, and the 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 Lease Term; otherwise, all case such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall only be made in accordance with all applicable lawscomplete construction documents approved in advance by Landlord. All alterations, regulations additions and building codesimprovements, in a good and workmanlike manner and of quality equal to whether or better than the original construction of the Building. No person not requiring Landlord’s prior written consent, shall be entitled to done only by contractors approved in advance by Landlord. Tenant shall obtain all necessary permits before undertaking any lien derived through such alterations, additions or under improvements and shall carry such insurance and obtain such payment. performance and ▇▇▇▇ ▇▇▇▇▇ as Landlord shall reasonably require. Tenant for shall furnish Landlord with plans of any labor completed alterations, additions or material furnished improvements. Any alterations, additions and improvements to the Leased Premises, except movable furniture and nothing in this Lease trade fixtures, shall belong to Landlord. All alterations, additions and improvements to the Premises shall be construed to constitute a consent by Landlord to the creation of any lienat Tenant’s sole cost. If any mechanic’s lien (which term shall include all similar liens relating to the furnishing of labor and materials) is filed against the Leased Premises for work Premises, which is claimed to have been done for or material claimed to have been furnished be attributable to Tenant, its agents, employees or contractors, Tenant shall cause give immediate notice of such lien to be discharged of record Landlord and shall discharge the same by payment or filing any necessary bond within thirty (30) 10 days after filingTenant has notice (from any source) of such lien. Landlord’s approval of the construction documents shall signify Landlord’s consent to the work shown thereon only, and Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys' fees in connection with be solely responsible for any construction errors or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienomissions contained therein.

Appears in 1 contract

Sources: Lease (Ikos Systems Inc)

Alterations. Tenant Lessee shall not permit alterations in make any alterations, additions or improvements to the Leased Premises unless ("Alterations") without the prior written consent of Lessor. The term "Alterations" shall not include the installation of shelves, movable partitions, Lessee's equipment, wiring and until cabling that do not affect structural components of the plans have been approved by Landlord in writingBuilding, and trade fixtures which approval as to interior non-may be performed without damaging existing improvements or the structural alterations integrity of the Premises or Building, and Lessor's consent shall not be unreasonably withheld, conditioned or delayedrequired for Lessee's installation of those items. Notwithstanding the foregoing, Tenant Lessee shall have the right without Landlordcomplete all Alterations at Lessee's consent, and expense 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 electrical systems, do not adversely affect the Building's appearance or value, applicable laws and the 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 accordance with copies of plans and specifications relating theretoapproved by Lessor, and using contractors approved by Lessor. As a condition Lessor shall be deemed the owner of such approval (orall Alterations, with respect without compensation to any alterations permitted to be made by Tenant hereunder without Landlord's approval)Lessee, 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 except for those which Lessor requires to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; otherwise, term. Lessee shall remove all such alterations shall at Landlord's option become a part Alterations prior to the end of the realty and Lease term (including, without limitation, Alterations that were constructed under the property Prior Lease as defined in Section 35.3 that Lessor requests to be removed up to a maximum cost for such removal of Landlord$20,000) unless Lessor conditioned its consent upon Lessee leaving a specified Alteration at the Premises, and in which case Lessee shall not be removed by Tenantremove such Alteration. Tenant Lessee, at its sole expense, 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 immediately repair any lien derived through or under Tenant for any labor or material furnished damage to the Leased Premises, Premises caused by removal of Alterations. Lessor hereby approves the Alternations described on EXHIBIT D attached hereto and nothing in incorporated herein by this Lease shall be construed to constitute a consent by Landlord to the creation reference and requires removal of any lien. If any lien is filed against the Leased Premises those designated for work claimed to have been done for or material claimed to have been furnished to Tenant, Tenant shall cause removal on such lien to be discharged of record within thirty (30) days after filing. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys' fees in connection with any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienExhibit.

Appears in 1 contract

Sources: Lease Agreement (Getty Images Inc)

Alterations. Tenant shall not permit alterations at any time during the Term of this Lease make any openings in or other alteration or improvement to the Leased roof or exterior walls of the Building or make any alteration, addition or improvement to the Premises unless and until or any portion thereof (hereinafter collectively referred to as "Alterations") without in each instance, the plans have been approved by Landlord in writingprior written consent of Landlord; provided, which approval as to interior non-structural alterations shall not be unreasonably withheldhowever, conditioned or delayed. Notwithstanding upon notice to, but without the foregoingrequirement of the written consent of Landlord, Tenant shall have the right without Landlord's consent, and in compliance with all other provisions of this Section, to make any Alterations to the interior of the Premises where same are non-structural alterations structural, do not require openings in or other alteration or improvement to the Leased Premises which do not materially impact roof, exterior walls or other structural components of the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or valueany Building system, and do not exceed FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00) in the cost of aggregate in any twelve (12)-month period. In the event Tenant requests Landlord's consent to make any Alteration which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) involve openings in or other alterations or improvements to the aggregateroof, provided that Landlord shall not unreasonably withhold its consent to the Alteration. No Alterations to the Premises for which Landlord's consent is required shall be commenced by Tenant gives until Tenant has furnished Landlord fifteen (15) days prior written notice of any such alterationswith a satisfactory certificate or certificates from an insurance company acceptable to Landlord, along with copies of plans and specifications relating theretoevidencing insurance coverage required under Section 9.2 hereof. As a condition of such approval (or, with respect to any alterations permitted to be made Any Alterations 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 Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, done in a good and workmanlike manner and of quality equal to or better than the original construction of the Buildingin compliance with any Legal Requirements. 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 Upon completion 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 TenantAlteration by Tenant hereunder, Tenant shall cause furnish Landlord with a copy of the "as built" plans covering such lien construction. Tenant, at its sole cost and expense, will make all Alterations on the Premises which may be necessary by the act or neglect of any other person or corporation (public or private), except Landlord, its agents, employees or contractors. Before commencing any Alterations, involving an estimated cost of more than FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00): (a) plans and specifications therefor, prepared by a licensed architect, shall be submitted to and approved by Landlord (such approval shall not be discharged of record within thirty unreasonably withheld or delayed); (30b) days after filing. Tenant shall indemnify furnish to Landlord from all costsan estimate of the cost of the proposed work, losses, expenses certified by the architect who prepared such plans and attorneys' fees in connection with any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lien.specifications;

Appears in 1 contract

Sources: Industrial Building Lease (Factory Card Outlet Corp)

Alterations. Tenant shall not permit make any structural alterations in or to the Leased Premises unless premises, or any part thereof, without prior written consent of Landlord in each instance first had and until obtained. If Tenant shall desire to make such alterations, plans for the plans have been same shall first be submitted to and approved by Landlord Landlord, and all work and installations shall be performed by Tenant at its own expense in writingaccordance with approved plans. Tenant agrees that all such work shall be done in a good and workmanlike manner, which approval as to interior non-that the structural alterations integrity of the building shall not be unreasonably withheldimpaired, conditioned or delayedand that no liens shall attach to the premises by reason thereof. Notwithstanding the foregoingTenant agrees to obtain, Tenant shall have the right at Tenant's expense, all permits required for such alterations. Tenant, may, without Landlord's consent, and in compliance with all other provisions of this Section, to make any and all interior, non-structural alterations repairs, replacements, alterations, additions, improvements or changes to the Leased Premises premises which do not materially impact the Building's mechanical Tenant may deem necessary or electrical systemsappropriate. Any alterations, do not adversely affect the Building's appearance additions or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) improvements installed or placed by or for Tenant in the aggregatepremises (except for movable furniture, provided other personally, tailor shop equipment, light fixtures, trade fixtures and any other property that belongs to 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 which may be removed without substantial alteration or damage to any alterations permitted to be made by Tenant hereunder without Landlord's approvalthe premises), Landlord hereby agrees thatregardless of when made, upon written request by Tenantmay, at the time that Tenant is contemplating alterationstermination of this Lease, 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 option of the Lease Term; otherwiseLandlord, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, 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 remain upon 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 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienpremises.

Appears in 1 contract

Sources: Lease (Bank Jos a Clothiers Inc /De/)

Alterations. Tenant shall will not make or permit alterations alterations, improvements or additions in or to the Leased Premises unless and until the plans have been approved by Landlord in writing(collectively "Alterations") without Landlord's prior, written consent, which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned delayed or delayedconditioned. Notwithstanding the foregoing, Tenant shall have be allowed to make Alterations to the right Premises with estimated costs not to exceed $25,000 without Landlord's such consent, provided only that such Alterations do not effect the exterior or structural portions of the Premises, do not adversely effect the building systems and are made in compliance with all other Laws. Additionally, Landlord hereby consents to construction of the Tenant Improvements, subject to the provisions of this SectionExhibit C. Tenant's request for any required consent shall be in writing, accompanied by proposed plans and specifications. With respect to any proposed Alterations with a estimated cost in excess of the Security Deposit then held by Landlord, Landlord may require Tenant to provide Landlord, at Tenant's cost and expense, a payment and performance bond, in an amount equal to the estimated cost of such Alterations in excess of the Security Deposit then held by Landlord, to make insure Landlord against any non-structural alterations liability for any mechanic's and materialmen's liens and to insure completion of the work. Alterations will be performed at Tenant's cost and expense. Any and all plans must be submitted to Landlord for approval, and building permits must be obtained prior to commencement of any construction remodeling. All alterations, additions and improvements constructed by Tenant shall remain the property of Tenant during the Lease Term and may be further altered or removed during the term of this Lease, subject to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the 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, provisions herein with respect to any alterations permitted Alterations. Subject to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by TenantParagraph 23, 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 expiration or sooner termination of the Lease Term; otherwise, all such alterations alterations, additions, or improvements shall at Landlord's option become be surrendered to Landlord as a part of the realty and shall then become Landlord's property. Tenant will promptly notify Landlord of the property value thereof for insurance and tax purposes. Notwithstanding the foregoing, Tenant shall be entitled to remove, in addition to its furniture, trade fixtures, equipment and other personal property, the following items: operating room lighting, laboratory benches and casework. Should Tenant make any Alterations in violation of Landlordsuch approval or the requirements of this ▇▇▇▇▇▇▇▇▇ ▇▇.▇, ▇▇▇▇▇▇▇▇ may, at any time during the Term, either remove any part or all of the same on Tenant's behalf and shall not be removed by at Tenant's expense, or require that Tenant do so. Tenant shall ensure that all alterations give Landlord written notice not less than ten (10) days prior to the commencement of any work in the Premises by or on behalf of Tenant, and Landlord shall have the right to post notices of non- responsibility in or on the Premises or the Building as provided by law. All Alterations, repairs and replacements by Tenant shall be made made, constructed and installed in accordance with all applicable laws, rules and ordinances (and Tenant shall perform all work necessary to comply fully with all laws, ordinances and regulations necessitated by the Alterations, whether structural or non-structural, within or without the Premises) and building codesthe requirements of any insurance carrier, and shall be of a quality and class at least equal to the original work, performed in a good and workmanlike manner and using grades of materials of a quality equal that is not less than that currently installed within the Premises. Tenant shall ensure that all work is performed in a manner that does not obstruct access to or better than through the original construction Building or its common areas and that does not interfere either with other tenants' use of their premises or with any other work being undertaken in the Building. 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 TenantBefore construction begins, Tenant shall deliver to Landlord reasonable evidence that damage to, or destruction of, the Alterations during construction will be covered either by the policies that Tenant is required to carry under Paragraph 14 or by a policy of builder's insurance in an amount reasonably acceptable to Landlord. If Landlord requires Tenant to provide builder's "all-risk" insurance for the proposed Alterations, Tenant shall provide to Landlord a copy of the policy, any endorsements, and an original certificate of insurance that complies with Paragraph 14. Tenant shall cause each contractor and subcontractor to maintain all workers' compensation insurance required by law and liability insurance (including property damage) in amounts reasonably required by Landlord. Tenant shall provide evidence of insurance to Landlord before construction begins Tenant will provide Landlord the opportunity to monitor all work. Tenant shall provide Landlord with permit drawings, job cards, as built sepia drawings (but only for work with a cost in excess of $25,000) and temporary certificates of occupancy for all Alterations promptly upon their completion. Should Tenant make any Alterations without Landlord's prior written approval as required herein, or in violation of such lien approval or the requirements of this ▇▇▇▇▇▇▇▇▇ ▇▇.▇, ▇▇▇▇▇▇▇▇ may, at any time during the Term, either remove any part or all of the same on Tenant's behalf and at Tenant's expense, or require that Tenant do so. If during the term of this Lease, any Alteration, whether structural or otherwise to be discharged all or any portion of record within thirty the Premises or Building is required by Law (30including, but not limited to, alterations required by the Americans with Disabilities Act of 1990 or any amendments thereto or any regulations prorogated thereunder (collectively the "ADA") solely because of (i) Tenant's unique use or occupancy of the Premises or change of use or occupancy of the Premises, (ii) Tenant's application for any permit or governmental approval, (iii) Tenant's construction or installation of any leasehold improvements, trade fixtures or Alterations, (iv) any violation by Tenant of any Law (including any requirement of the ADA), (v) any special use of the Premises or any part thereof by Tenant or any subtenant or assignee of Tenant (including, but not limited to any use for a facility which constitutes, or if open to the public would generally constitute a "place of public accommodation" under the ADA requirements), or (vi) any special needs of the employees of Tenant or any assignee or subtenant of Tenant, then Tenant shall promptly make the same at its sole cost and expense. Within ten (10) days after filing. receipt, Tenant shall indemnify notify Landlord from all costsin writing and provide Landlord with copies of (i) any notices alleging any violation of any Law relating to the Premises or Tenant's occupancy or use of the Premises, losses, expenses and attorneys' fees including any notices alleging violation of the Project or the ADA to any portion of the Project or the Premises; (ii) any claims made or threatened in connection writing regarding non-compliance with the ADA or any construction Law relating to the Project or alteration under this Section 7.03, not performed by Landlord the Premises; or an affiliate, and (iii) any related liengovernmental or regulatory actions or investigations instituted or threatened regarding non-compliance with the ADA or any Law relating to any portion of the Project or the Premises.

Appears in 1 contract

Sources: Lease (Intuitive Surgical Inc)

Alterations. 17.1 Tenant shall not permit alterations make no alterations, additions or improvements (hereinafter in this section, “improvements”) in or to the Leased Premises unless and until the plans have been approved by Landlord in writingPremises, which approval as to other than interior non-structural alterations alterations, additions or improvements costing less than Fifty Thousand Dollars ($50,000) (“Permitted Alterations”), without notice to Landlord. For any alteration not a Permitted Alteration, Tenant shall deliver notice to Landlord, with plans and specifications and working drawings for the improvements. 17.2 The improvements shall be constructed only by licensed contractors. Any such contractor must have in force a general liability insurance policy of not less than $3,000,000, property damage insurance, and other insurance or at such higher limits as Landlord may reasonably require, which policy of insurance shall name Landlord, Landlord’s property manager and lender, as an additional insured. Except for the negligence or willful misconduct of Landlord’s Agents (as hereinafter defined), each contractor, and Tenant with respect to any activity of each 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 arising out of or in connection with the presence on the Premises 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 so long as Landlord does not interfere with or hinder any of Tenant’s use or occupancy of the Premises, or the work of construction. 17.3 Tenant agrees that any work by Tenant shall be accomplished in such a manner as to 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), conditioned or delayed. Notwithstanding the foregoing, Tenant shall have the right without use an experienced and qualified contractor approved in writing by Landlord's consent, and in compliance comply with all of the other provisions of this SectionArticle 17, to make any non-structural alterations to the Leased Premises which do not materially impact (ii) an acceptable number of spare Lines and space for additional Lines shall be maintained for existing and future occupants of the Building's mechanical , 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 electrical systems, do not adversely affect the Building's appearance or value, and the 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 Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlordradiation, and shall not be removed surrounded by Tenant. Tenant a protective conduit reasonably acceptable to Landlord, (iv) any new or existing Lines servicing the Premises shall ensure that all alterations shall be made in accordance comply with all applicable lawsgovernmental laws and regulations, 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 building codesrepair any damage in connection with such removal, and (vi) Tenant shall pay all costs in a good and workmanlike manner and of quality equal to or better than connection therewith. Upon the original construction expiration 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 TenantTerm, Tenant shall cause such lien to be discharged of record within thirty (30) days after filing. Tenant shall indemnify Landlord from leave all costs, losses, expenses and attorneys' fees in connection with any construction or alteration under this Section 7.03, not performed Lines installed by Landlord or an affiliate, and any related lienTenant.

Appears in 1 contract

Sources: Lease (Ligand Pharmaceuticals Inc)

Alterations. (a) After initially opening the Premises for business, Tenant shall not permit alterations in make or cause to be made to the Leased Premises unless 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 until 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 have been and specifications with respect thereto, approved in writing by Landlord in writing, before the commencement of work which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned delayed or delayed. Notwithstanding the foregoing, conditioned. (c) Tenant shall have the right without Landlord's consent, and in compliance provide Landlord 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 electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars less than ten ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (1510) days prior written notice of the commencement of any such alterations, along Alterations in the Premises and Landlord shall have the right to enter upon the Premises to post customary notices of non-responsibility with copies of plans and specifications relating respect 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 alterationsits cost, Landlord will inform Tenant as to whether such proposed alterations will be shall obtain all required to be removed by Tenant governmental permits and restore the Leased Premises at the end of the Lease Term; otherwise, approvals for all Alterations and all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations Alterations shall be made performed strictly in accordance with all applicable laws, ordinances, rules or regulations and building codesof any public authority, in a good and workmanlike manner and of quality equal diligently prosecuted 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 completion to the Leased Premises, and nothing in this Lease end that the Premises shall at all times be construed to constitute a consent by Landlord to complete unit except during the creation period of any lienwork. If any lien is filed against Alterations made by or on behalf of Tenant require Landlord to make any alterations or improvements to any part of the Leased Premises for work claimed Project in order to have been done for comply with any applicable laws, ordinances or material claimed to have been furnished to Tenantrules or regulations of any public authority, Tenant shall cause pay all reasonable costs and expenses incurred by Landlord in connection with such lien 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 discharged the property of record within Landlord upon installation thereof. Within thirty (30) days after filingthe completion of any non-Cosmetic Alterations, Tenant shall deliver to Landlord a set of "as built" plans depicting the Alterations as actually constructed or 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 of the Premises or to the use made thereof by Tenant, shall be at the sole cost of Tenant regardless of whether the work is performed by Landlord or Tenant. (d) In no event shall Landlord's interest in the Premises or the Project be subject to any lien filed by any contractor or other lien claimant relating to improvements or alterations made by Tenant. Tenant shall indemnify Landlord from all costs, losses, expenses post customary signs of non-responsibility in the Premises stating the Landlord's interest in the Premises and attorneys' fees the Project is not subject to having a lien placed against it in connection with any construction such alterations or alteration under this Section 7.03, not performed by Landlord or an affiliateimprovements, and any related lienif Tenant fails to do so Landlord shall have the right to enter upon the Premises to post customary notices of non-responsibility with respect thereto. Tenant will indemnify and save harmless Landlord from and against all mechanics' liens or claims by reason of such alterations or additions which may be made by Tenant on the Premises.

Appears in 1 contract

Sources: Lease Agreement (Mitesco, Inc.)

Alterations. Tenant may make certain alterations to the New Premises (the "ALTERATIONS"). If Tenant shall make any Alterations, it shall do so in accordance with the terms and provisions of the Lease, including, but not permit alterations in or to limited to, Section 10 of the Leased Premises unless and until Original Lease. If Tenant makes such Alterations, upon completion of 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 foregoingAlterations, Tenant shall have the right without furnish Landlord with full and final waivers of liens and contractors' affidavits and statements, in such form as may be required by Landlord, Landlord's consent, title insurance company 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 electrical systems, do not adversely affect the Building's appearance or value, and the 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)construction or permanent lender, Landlord hereby agrees thatif any, upon written request by Tenant, at from all parties performing labor or supplying materials or services in connection with the time Alterations showing that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by Tenant all of said parties have been compensated in full and restore waiving all liens in connection with the Leased Premises at the end of the Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by TenantBuilding. Tenant shall ensure that all alterations shall be made in accordance submit to Landlord a detailed breakdown of Tenant's total construction costs, together with all applicable lawssuch evidence of payment as is reasonably satisfactory to Landlord. So long as an event of default has not occurred under the Lease, 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 Leased Premisesas amended hereby, and nothing in this Lease shall be construed Tenant has submitted to constitute a consent by Landlord to the creation detailed breakdown 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's total construction costs, Tenant shall cause such lien to be discharged of record within thirty (30) days after filingof 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 thereof to the cost of the Alterations ("LANDLORD'S CONTRIBUTION"). If the cost of the Alterations exceeds Landlord's Contribution, Tenant shall indemnify 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 from all costs, losses, expenses and attorneys' fees in connection with any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienfor such unused portion of the Landlord's Contribution.

Appears in 1 contract

Sources: Lease (Hanover Capital Mortgage Holdings Inc)

Alterations. 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 consentright, at its own cost and in compliance with all other provisions of this Sectionexpense, to make any non-structural alterations alterations, installations and changes (hereinafter collectively called “Alterations”) in, on and to the Leased Premises which do not materially impact the Building's mechanical as it shall deem expedient or electrical systems, do not adversely affect the Building's appearance or value, and the 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 necessary for its business purposes without Landlord’s prior written notice consent if such Alterations are not “Structural Alterations.” For purposes of this Lease, a Structural Alteration is an Alteration that affects the structural integrity of the Premises, pierces the roof membrane or floor slab, or affects the mechanical, electrical or plumbing systems of the building. Tenant may not make any Structural Alterations unless it has first obtained Landlord’s written consent thereto and to the name of the contractor undertaking such alterationsStructural Alterations, along with copies which consent Landlord shall not unreasonably withhold or delay. If Landlord fails to give or deny its consent within 20 days after Landlord’ s receipt 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)Tenant’s written request therefor, 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 Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, deemed to have given its consent. All Alterations shall be performed 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 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 filingaccordance with all applicable laws. Tenant shall indemnify notify Landlord from all costs, losses, expenses and attorneys' fees in connection with prior to beginning any construction to enable Landlord to post on or alteration under about the Premises notices of non-responsibility. Landlord may condition its consent to any Alteration, which would interfere with future use of the Property if not removed at the termination of this Section 7.03, not performed by Landlord Lease on Tenant’s agreement to remove such Alteration at that time pursuant to Article 17 hereof. Tenant shall otherwise have the option to remove any or an affiliate, all Alterations and any related liensignage during the Lease Term or upon termination of this Lease.

Appears in 1 contract

Sources: Triple Net Lease Agreement (Verilink Corp)

Alterations. Tenant Lessee agrees not to make, perform or conduct or cause to be made, performed or conducted any major construction, alterations or renovation to any Private Improvements or Ancillary Improvements to or on the Amended Leased Property, without the prior written consent of the General Manager and without obtaining such building permits, other permits and licenses as required by law. Lessee shall not permit alterations barricade and secure any unsafe area pending such construction, alteration or renovation. Lessee shall keep the Amended Leased Property, the Private Improvements and the Ancillary Improvements and any other improvements free and clear of any and all claims attaching to real property, liens or encumbrances (hereinafter referred to as "liens" or "encumbrances") in any way arising out of any construction, alteration, renovation or to the Leased Premises unless use by Lessee and until the plans have been approved by Landlord will remove any such claims, liens or encumbrances in writinga timely manner. Any construction, which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned renovation 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 improvements on the Amended Leased Premises which do not materially impact the Building's mechanical or electrical systemsProperty, do not adversely affect the Building's appearance or valueother than those constituting what would be defined by law as personal property, and the 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 Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, Amended Leased Property upon completion and shall not be removed, but shall remain with the Amended Leased Property at the termination, non-renewal, cancellation or expiration of this Amended and Restated Lease. Notwithstanding the preceding sentence, any equipment or personal property owned by Lessee which are not permanently attached or affixed to any real property and which can be removed without damaging the real property, shall remain the property of Lessee and may be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable lawsLessee, 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 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienif timely.

Appears in 1 contract

Sources: Lease Agreement

Alterations. Tenant shall not permit alterations in or to not, without the Leased Premises unless and until the plans have been approved by prior written consent of Landlord in writing, which approval as to interior non-structural alterations shall not be unreasonably withheldwithheld so long as Tenant demonstrates financial assurance of its ability to restore the Premises to original condition, conditioned make any alterations, improvements, or delayedadditions to the Premises, including, but not limited to, partitions, wall coverings, floor coverings, special lighting or equipment installations and structural changes (collectively the "Alterations"). Notwithstanding the foregoinganything else in this Section 10.2, Tenant shall have the right without Landlord's consent, and in compliance with all other provisions of this Section, to may make any non-structural alterations changes to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and (including roof penetrations) the cost of which does not exceed Forty Five Thousand and 00/100 Dollars (is less than $45,000.00) in the aggregate, 50,000 per project without Landlord's consent provided that Tenant gives Landlord fifteen (15) days prior written notice a copy of any such alterations, along with copies of as-built 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 Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to 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 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 filingcompletion. 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 Premises shall become Landlord's property and shall remain upon the Premises at the termination of this Lease by lapse of time or otherwise, without compensation to Tenant (excepting only Tenant's movable office furniture, inventory, trade fixtures, and office and professional equipment). If Landlord's consent is required to the Alterations, Landlord may require Tenant to remove the Alterations at Tenant's cost upon the termination of this Lease, and repair any damage caused to the Premises 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 plans and specifications. Tenant shall indemnify promptly pay, when due, all costs of all Alterations, and upon completion, deliver to Landlord, evidence of payment and waivers of all liens for labor, services, or materials. Tenant shall defend and hold Landlord and the Premises harmless from all costs, lossesincluding reasonable attorney fees, damages, liens, claims of liens for labor, services, or materials relating to the work. Tenant shall immediately give Landlord notice of any mechanics liens or foreclosure proceedings and 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 and attorneysin the removal of trash or cleaning as a result of Tenant's contractors' fees in connection with work then Tenant agrees it shall reimburse Landlord within seven (7) days of billing. In any construction event, upon termination of this Lease, Tenant shall not be obligated to remove any item or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienwork attached to the Building as of the Commencement Date.

Appears in 1 contract

Sources: Lease Agreement (Quantum Corp /De/)

Alterations. Tenant shall not permit Any alterations in or improvements that Sublessee desires to make to the Leased Premises unless shall be made by Sublessee at its sole cost and until the plans 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 writingthe 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 any part of the Term hereof regulating the use by Sublessee of the Premises or the alterations or improvements constructed for or by Sublessee therein. Upon termination of this Sublease, Sublessee shall be responsible for the cost of removing any alterations or improvements which approval as were installed for or by Sublessee in the Premises, to interior non-structural alterations the extent the same are required to be removed pursuant to the terms of the Lease; provided, however, that Sublessee 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, required to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the 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 remove any alterations permitted that the Landlord has confirmed in its written consent 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 this Sublease as described in Section 4 below will inform Tenant as to whether such proposed alterations will not be required to be removed by Tenant and restore the Leased Premises at the end upon termination of the Lease Term; otherwise, all such Lease. Sublessor acknowledges that it has approved the Sublessee's plans for alterations shall at Landlord's option become a part of the realty attached hereto as Exhibit D-1 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 general conditions for 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 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lientenant improvements attached hereto as Exhibit D-2.

Appears in 1 contract

Sources: Sublease Agreement (Corixa Corp)

Alterations. 23.1 Tenant shall will not permit alterations make, install or erect in or to the Leased Premises unless any installations, alterations, additions or partitions without submitting drawings and until specifications therefor to the plans have been approved by Landlord and obtaining the Landlord’s prior written consent in writingeach instance. Furthermore, which approval the Tenant will obtain the Landlord’s prior written consent to any change or changes in such drawings or specifications submitted as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoingaforesaid, Tenant shall will pay the reasonable cost to the Landlord of 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 all mechanic’s liens and Landlord will have no liability for the right without 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 the Building by the Landlord's consent, its contractors or subcontractors. The Tenant will submit to the Landlord’s supervision over construction, will provide Landlord upon request with financial assurances prior to the commencement of alterations, and promptly pay to the Landlord’s or the Tenant’s subcontractors as the case may be, when due, the cost of all such work and of all materials, labor and services involved therein and of all decoration and all changes in compliance with all the Building, its equipment or services necessitated thereby. The Tenant covenants that the Tenant will not suffer or permit during the Term hereof any mechanic’s or other provisions liens for work, labor, services or materials ordered by the Tenant or for the cost of this Sectionwhich the Tenant may be in any way obligated, to make any non-structural alterations attach to the Leased Premises which do not materially impact or to the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, Building and the cost of which does not exceed Forty Five Thousand that whenever and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (15) days prior written notice of so often as 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 liens will inform Tenant as to whether such proposed alterations attach or claims therefor will be required to be removed by filed, the Tenant and restore the Leased Premises at the end of the Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to 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 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lien.will within

Appears in 1 contract

Sources: Office Lease (M Wave Inc)

Alterations. Tenant shall not permit alterations in make any alteration, addition or improvement to the Leased Premises unless and until or any portion thereof (collectively “Alterations”) without in each instance, the plans have been approved by prior written consent of Landlord in writing, which approval as to interior non-structural alterations consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding 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 foregoing, Tenant property of Landlord and shall have remain upon and be surrendered with the right without Landlord's consent, and in compliance with all other provisions Premises as a part thereof at the termination of this SectionLease, to make or at Landlord’s option, any non-structural alterations to or all of the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the 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 Alterations must be removed by Tenant and restore the Leased Premises must be restored to its original condition. Landlord agrees that upon request from Tenant at the end time Tenant seeks consent from Landlord of an Alteration, Landlord shall elect whether or not the Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty Alterations must be removed by Tenant and the property Premises restored to its original condition. Tenant shall not do any act which shall in any way encumber the title of Landlord, Landlord in and to the Premises 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 permit the Premises to or better than the original construction of the Building. No person shall be entitled become subject to any mechanics’, laborers’ or materialmen’s lien derived through or under Tenant for any on account of 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 Tenant 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 work of any construction character performed or alteration under this Section 7.03, not claimed to have been performed on the Premises by Landlord or an affiliate, and any related lienat the direction of sufferance of Tenant.

Appears in 1 contract

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

Alterations. Tenant No alterations, additions or improvements shall not permit alterations in or be made to the Leased Premises unless Building or any part thereof by or on behalf of Tenant without first submitting a detailed description thereof to Landlord and until the plans have been approved by Landlord in writing, obtaining Landlord’s written approval which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. Notwithstanding 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 foregoingalterations, Tenant shall have the right without Landlord's consent, and in compliance with all other provisions of this Section, to make any additions or improvements are non-structural alterations in nature and do not affect any of the 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 Leased Premises Building (other than trade fixtures such as moveable walls and cubicles) shall become the property of Landlord and remain at the Building or, at Landlord’s option, after written notice to Tenant, any or all of the foregoing which do not materially impact may be designated by Landlord at the Building's mechanical time Landlord’s approval is requested or electrical systemsconcerning a Permitted Alteration upon Tenant’s request in writing, do not adversely affect the Building's appearance or value, and shall be removed at the cost of which does not exceed Forty Five Thousand Tenant before the expiration or sooner termination of this Lease and 00/100 Dollars ($45,000.00) in such event Tenant shall repair all damage to 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 theretoBuilding caused by the installation or removal. As a condition of such approval (or, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval)However, Landlord hereby agrees that, upon written request by Tenant, at acknowledges that none of the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to 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 restore shall repair all damage to the Leased Premises at Building caused by the end installation or removal of such Direct Tenant Work. Except as set forth in this Lease, Tenant shall not erect or place, or cause or allow to be erected or placed, any sign, advertising matter, lettering, stand, booth, showcase or other article or matter in or upon the Building which is visible from the exterior of the Lease Term; otherwiseBuilding, all such alterations shall at Landlord's option become a part without the prior written consent of the realty and the property of Landlord, and Landlord which shall not be removed by Tenantunreasonably withheld. 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 not place weights anywhere beyond the original construction safe carrying capacity 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienstructure.

Appears in 1 contract

Sources: Lease Agreement (MEDecision, Inc.)

Alterations. Tenant may make alterations, improvements, additions, installations, or changes to the Premises (any of the preceding, “Alterations”) only if: (i) Tenant first obtains Landlord’s written 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 construction techniques (and Tenant shall not permit alterations in retain, under a fixed fee or guaranteed-maximum price construction contract an experienced and licensed contractor reasonably acceptable to Landlord to perform the Leased Premises unless Alterations), and until (iii) Tenant pays to Landlord the plans have been approved reasonable costs and expenses of Landlord for architectural, engineering, or other consultants which reasonably may be incurred by Landlord in writing, which approval as determining whether to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayedapprove any such Alterations. Notwithstanding To compensate Landlord for its review of and involvement in the foregoingAlterations (including Tenant’s Work), Tenant shall have pay Landlord an administrative fee in the right without 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 administrative fee relating to Tenant’s Work. Tenant shall, before commencing any Alterations, at Tenant’s sole cost, (i) acquire (and deliver to Landlord a copy of) a permit from appropriate governmental agencies to make such Alterations (any conditions of which permit Tenant shall comply with, at Tenant’s sole cost, in a prompt and expeditious manner), (ii) obtain and deliver to Landlord (unless this condition is waived in writing by Landlord's consent, ) a lien and in compliance with all other provisions of this Sectioncompletion bond for the proposed Alterations, to make insure Landlord against any non-structural alterations liability for mechanics’ liens and to insure completion of the Leased Premises which do not materially impact the Building's mechanical work, or electrical systemsother security or reasonable evidence and assurance of payment reasonably acceptable to Landlord, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00iii) in the aggregate, provided that Tenant gives provide Landlord fifteen (15) days with 10 days’ prior written notice of any such alterationsthe date the installation of the Alterations is to commence to expressly remind Landlord to post and record an appropriate notice of non-responsibility, along with copies of plans and specifications relating thereto. As a condition of such approval (or, iv) obtain (and deliver to Landlord proof of) reasonably adequate workers compensation insurance with respect to any alterations permitted of Tenant’s employees installing or involved with such Alterations (which insurance Tenant shall maintain in force until completion of the Alterations). All Alterations shall upon installation become the property of Landlord and shall remain on and be surrendered with the Premises on termination of this Lease, except that Landlord may, at its election, require Tenant to remove any or all of the Alterations, by so notifying Tenant in writing 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 condition of the Premises prior to the installation of the Alterations which are to be made by removed. 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 shall pay all costs for Alterations and other construction done or caused to be removed done by Tenant and restore the Leased Premises at the end of the Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that keep the Premises free and clear of all alterations shall be made in accordance with all applicable laws, regulations mechanics’ and building codes, in a good and workmanlike manner and of quality equal to materialmen’s lien’s resulting from or better than the original construction of the Building. No person shall be entitled relating to any lien derived through Alterations or under Tenant for any labor other construction. “Alterations” do not include trade fixtures, furniture 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienequipment.

Appears in 1 contract

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

Alterations. Tenant shall not permit alterations in make any alterations, additions or improvements to the Leased Premises unless and until or Property without the plans have been approved by prior written consent of Landlord in writing, which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoingaforesaid, 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 disturb the structural integrity and support provided by the roof, exterior walls or subfloors. All such trade fixtures shall have the right without be constructed and/or installed by contractors approved by Landlord's consent, in a good and workmanlike manner, and in compliance with all other provisions applicable governmental and quasi-governmental laws, ordinances and regulations, as well as all requirements of Landlord's insurance carrier. Upon the expiration or earlier termination of this SectionLease, Tenant shall remove all alterations, additions or improvements installed by Tenant within the Premises; and, upon such removal, Tenant shall restore the Premises to make any non-structural alterations a condition substantially similar to that condition when received by Tenant. However, notwithstanding the Leased Premises aforesaid, upon Landlord's written election which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars shall be made within sixty ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (1560) days prior written notice to the termination of any this Lease, such alterations, along with copies of plans additions and specifications relating theretoimprovements shall revert to Landlord and shall remain within the Premises. As a condition of such approval (or, with respect In no event shall Landlord have any right to any alterations permitted to be made by Tenant hereunder without Landlordof Tenant's approval)trade fixtures; and, Landlord hereby agrees that, upon written request by Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant except as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to 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 Leased Premises, and nothing otherwise set forth 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 TenantLease, Tenant shall cause may remove such lien to be discharged trade fixtures upon the termination of record within thirty (30) days after filing. this Lease, provided Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys' fees in connection with repairs any construction or alteration under this Section 7.03, not performed damage caused by Landlord or an affiliate, and any related liensuch removal.

Appears in 1 contract

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

Alterations. Prior to making or permitting to be made any alterations, additions or improvements (“Alterations”) to the Premises or any part thereof, Tenant shall not permit alterations in or first submit a detailed description thereof to the Leased Premises unless Landlord and until the plans have been approved by Landlord in writingobtain Landlord’s written approval, which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant Landlord’s approval shall not be required (but prior notice to Landlord describing the proposed Alterations must be provided) for (a) painting, (b) carpet refurbishment, or (c) Alterations that: do not exceed $75,000 in the aggregate; and (i) are not visible from the exterior of the Premises; (ii) do not affect any Building system or the structural elements of the Building; (iii) do not require material penetrations into the floor, ceiling or walls; and (iv) do not require material work within the walls, below the floor or above the ceiling. For any Alterations, Landlord, at Landlord’s option, shall have the right without Landlord's consentto provide construction management for and on behalf of Tenant, and in compliance with all other provisions at Tenant’s sole expense, constituting five percent (5%) of this Sectionthe Alteration’s total cost. All alterations, to make any non-structural alterations additions or improvements made by Tenant subsequent to the Leased Tenant Improvements and all fixtures attached to the Premises shall become the property of Landlord and remain at the Premises or, at Landlord’s option, after written notice to Tenant upon providing approval to said Alterations, any or all of the foregoing which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and may be designated by Landlord shall be removed at the cost of which does Tenant before the expiration or sooner termination of this Lease and in such event Tenant shall repair all damage to the Premises caused by the installation or removal. Notwithstanding anything in this Lease, unless otherwise requested by Landlord in writing, Tenant shall remove all Direct Tenant Work (defined at Article 8(l) hereof) and shall repair all damage to the Premises caused by the installation or removal of such Direct Tenant Work. Subject to Article 16(a)(ix) below, Tenant shall not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) erect or place, or cause or allow to be erected or placed, any sign, advertising matter, lettering, stand, booth, showcase or other article or matter in or upon the aggregatePremises and/or the Building, provided that Tenant gives Landlord fifteen (15) days without the 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 Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property consent of Landlord, and which consent shall not be removed by Tenant. Tenant shall ensure unreasonably withheld, conditioned or delayed; provided, however, that all alterations shall Landlord’s consent may be made withheld in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and its sole discretion for any such improvement which would be on the exterior of quality equal to the Building or better than the original construction visible from outside 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 not place weights anywhere beyond the safe carrying capacity of record within thirty (30) days after filing. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys' fees in connection with any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienthe structure.

Appears in 1 contract

Sources: Lease Agreement (Auxilium Pharmaceuticals Inc)

Alterations. Tenant shall not permit alterations in Subtenant may, from time to time, at its own cost and expense and without the consent of Sublandlord, make alterations, additions or to the Leased Premises unless and until the plans have been approved by Landlord in writing, which approval as to interior improvements (collectively herein called "Alterations") of a 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 nature to the Leased interior of the Sublet Premises which do not materially impact the Building's mechanical whose cost in any one instance is $25,000 or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregateless, provided that Tenant Subtenant gives Landlord Sublandlord fifteen (15) days prior written notice of any such alterationsAlterations. To the extent that Subtenant obtains plans and specifications for any such Alterations whose cost is $25,000 or less, along Subtenant shall provide Sublandlord with copies of such plans and specifications relating for Sublandlord's information. If Subtenant desires to make any non-structural Alterations to the interior of the Sublet Premises costing in excess of $25,000 in any one instance, Subtenant must first obtain the consent of Sublandlord and Landlord thereto, which consent by Sublandlord shall not be unreasonably withheld or delayed. As a condition Any non-structural Alterations to the interior of such approval (or, with respect to the Sublet Premises costing in excess of $25,000 in any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon one instance shall include written request by Tenant, at plans and specifications for 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 Alterations. At the end of the Lease Sublease Term; otherwise, all Subtenant may elect to remove or to leave any such alterations shall at Landlord's option become a part 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 expiration of the realty 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 property of Landlord, and shall not be removed by TenantSublet Premises. Tenant shall ensure that all alterations All Alterations shall be made done by Sublandlord's designated contractors and engineers in accordance with the terms and conditions of the Prime Lease. Without limiting the foregoing, Subtenant shall obtain all necessary licenses and permits, shall perform all Alterations in accordance with all applicable laws, regulations by-laws, rules, regulations, licenses 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 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienpermits.

Appears in 1 contract

Sources: Sublease (Microsoft Corp)

Alterations. Except for non-structural, non-exterior, non-building systems alterations costing less than $50,000 in the aggregate in any 12-month period, Tenant shall not permit may make no alterations in or improvements to the Leased Premises unless and until without the plans have been approved by Landlord in writingprior written consent of Landlord, which approval as to interior non-structural alterations shall Landlord may not be unreasonably withheldwithhold, conditioned condition or delayed. Notwithstanding the foregoing, Tenant shall have the right without Landlord's consent, and in compliance with all other provisions delay; provided that irrespective of this Section, to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in an alteration, any alteration that is structural, effects building systems or is to the aggregate, provided that Tenant gives Landlord fifteen (15) days exterior of the Premises shall required the prior written notice consent of any such alterationsLandlord, along with copies of plans and specifications relating theretowhich consent may be withheld in Landlord’s sole discretion. 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 At the time that Tenant is contemplating alterationsLandlord gives consent, Landlord will inform state whether Landlord will require Tenant as to whether such proposed remove the alterations will be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; otherwise, all such alterations shall at Landlord's option become a part of Term and to restore the realty and Premises to their condition before Tenant made the property of Landlord, and shall not be removed by Tenantalterations. Tenant shall ensure that all not install any “through-the-wall” or “through-the-window” heaters or air-conditioners in the Premises. Tenant shall make any approved alterations shall be made in accordance with all applicable lawslaws and regulations, regulations with all required building permits, and building codes, in a good and workmanlike manner and with arrangements acceptable to Landlord to eliminate risk of quality equal to mechanic’s 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 liens attaching to the Leased Building or to the Premises, and nothing in this Lease shall be construed to constitute a consent . Tenant indemnifies Landlord against any cost or expense incurred by Landlord to investigate, contest, or satisfy any mechanic’s or construction lien on the creation of Building or the Premises that results from any lienalterations authorized or contracted for by Tenant. If All alterations shall be made by Tenant at Tenant’s sole cost and expense, including any lien is filed against alterations required to the Leased Premises for work claimed Building that are required by an alteration Tenant makes 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienthe Premises.

Appears in 1 contract

Sources: Lease Agreement (Schmitt Industries Inc)

Alterations. Tenant shall will not make or permit alterations in or to be made any ----------- alterations, improvements and additions to the Leased Premises unless or any part thereof except by and until with the plans have been approved by Landlord in writingprior written consent of Landlord, which approval as to interior non-structural alterations consent shall not be unreasonably withheld. All alterations, conditioned or delayed. Notwithstanding the foregoing, Tenant shall have the right without Landlord's consent, improvements and in compliance with all other provisions of this Section, to make any non-structural alterations additions to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the 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 Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations laws and building codes, in a good and workmanlike manner and of quality equal shall at once when made or installed be deemed 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 have attached to the Leased Premises, freehold and nothing to have become the property of Landlord and except as provided in section 12 of this Lease shall remain for the benefit of Landlord at the end of the term of this Lease or other expiration of this Lease in as good order and condition as they were when installed, reasonable wear and tear and damage by insured casualty excepted; provided, however, if at the time of such alterations, the parties hereto agreed that such alterations were to be construed to constitute a consent by Landlord to removed at the creation termination of any lien. If any lien is filed against this Lease, Tenant shall at Tenant's sole cost and expense promptly remove the alterations, improvements and additions which were placed in the Leased Premises for work claimed by Tenant and which are designated in said notice and repair any damage occasioned by such removal and restore the Leased Premises to have been done for the condition in which they were prior to such alterations, improvements or material claimed to have been furnished to additions, reasonable wear excepted, and in default thereof Landlord may effect said removals and repairs at Tenant's expense. In the event of making such alterations, improvements and additions as herein provided, Tenant shall cause such lien to be discharged of record within thirty (30) days after filing. Tenant shall further will indemnify and save harmless Landlord from all costsreasonable expense, lossesliens, expenses claims or damages or injuries to either persons or property arising out of, or resulting from the undertaking, making or removal of said alterations, additions and attorneys' fees in connection with any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienimprovements.

Appears in 1 contract

Sources: Lease Agreement (CDW Holding Corp)

Alterations. 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 anything contained herein to the foregoingcontrary, Tenant shall have the right without Landlord's ’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 ’s mechanical or electrical systems, do not adversely affect the Building's ’s appearance or value, and the aggregate cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.005,000.00) per alteration in the aggregate, provided that Tenant gives Landlord fifteen (15) business 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 may require Tenant to remove 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 upon termination of the Lease Termthis Lease; otherwise, all such alterations shall at Landlord's ’s option become a part of the realty and the property of Landlord, and shall not be 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 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lien.

Appears in 1 contract

Sources: Lease Agreement (Eschelon Telecom Inc)

Alterations. Except as provided in the immediately preceding subparagraph, and except for non-structural and non-Building system alterations not in excess of Seventy-Five Thousand Dollars ($75,000) in any Lease Year, Tenant shall not permit make no alterations in or additions to the Leased Premises unless ("Alterations") without the prior written consent of Landlord, which consent may be withheld in Landlord's reasonable discretion, and until the plans have been then only by contractors or mechanics approved by Landlord in writing, which writing and upon the 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, by Landlord in writing of fully detailed 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 electrical systems, do not adversely affect the Building's appearance or value, and the 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 dimensioned plans and specifications relating thereto. As a condition of such approval (orpertaining to the Alterations in question, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request 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. If Landlord, in approving any Alterations, specifies a reasonable commencement date therefor, Tenant shall not commence any work with respect to such Alterations prior to such date. Tenant hereby indemnifies, defends and agrees to hold Landlord free and harmless from all liens and claims of lien, and all other liability, claims and demands arising out of any work done or material supplied to the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed Premises by Tenant and restore the Leased Premises or at the end request of the Lease Term; otherwiseTenant in connection with any Alterations. If permitted Alterations are made, all such alterations they shall be made at LandlordTenant's option sole cost and expense and shall be and become a part of the realty and 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 shall not be removed other Alterations installed 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 repair any damages to the Premises caused by such removal upon the expiration or better than the original construction earlier termination 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 lienTerm. If Landlord's approval is not required in connection with an Alteration, Landlord may require removal of such Alteration, as aforesaid, at 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 time within thirty (30) days after filing. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys' fees in connection with any construction or alteration under this Section 7.03, not performed Tenant's written request for a determination by Landlord as to whether such Alteration shall be removed upon the expiration or earlier termination of the Term. Any and all costs attributable to or related to the applicable building codes of the city in which the Building is located (or any other authority having jurisdiction over the Building) arising from 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 affiliateadministrative fee of two percent (2%). 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 any related liennot the terms of this Article 5.

Appears in 1 contract

Sources: Lease (Alnylam Pharmaceuticals Inc)

Alterations. Landlord shall construct all of the Lease Improvements and Tenant Improvements, as defined in Exhibit “C”. Landlord shall pay an amount not to exceed Two Million Three Hundred and Sixty-Three Thousand Two Hundred Fifty and No/100 Dollars ($2,363,250.00) for the Tenant Improvements (the "Landlord Cap"). Tenant shall pay the cost of the Tenant Improvements in excess of the Landlord Cap, if any. Any costs of the Tenant Improvements over the Landlord Cap will, at the request of Tenant, up to One Million Five Hundred and Seventy-Five Thousand Five Hundred and No/100 Dollars ($1,575,500.00), be funded by Landlord and the amount shall be amortized over the Term at an interest rate of 0% per annum and such amortization amount shall be included by Tenant as a payment to Landlord along with the monthly Basic Rent payment (the "TI Deferred Payment"). The Lease Improvements and Tenant Improvements shall be performed by Landlord in accordance with Exhibit "C" attached hereto. Tenant will not make or permit alterations anyone to make any material alterations, decorations, additions or improvements, structural or otherwise, in or to the Leased Premises unless and until or the plans have been approved by Complex, without the prior written consent of Landlord in writing("Alterations"), which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned delayed, denied, or delayedconditioned. Notwithstanding All of such Alterations must conform to all applicable rules and regulations established from time to time by the foregoingUnderwriters' Association of the local area and conform to all applicable requirements of the Federal, Tenant shall have the right without Landlord's state and local governments, including any requirements or approvals set forth in Section 50 of this Lease. When granting its consent, and in compliance with all other provisions of this SectionLandlord may impose any conditions it deems reasonably appropriate, to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systemsincluding, do not adversely affect the Building's appearance or valuewithout limitation, and the 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 approval of plans and specifications relating thereto. As a condition specifications, selection of such approval (orcontractor and obtaining of specified insurance, 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 provided 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 Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made foregoing conditions are reasonable 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 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related liennature.

Appears in 1 contract

Sources: Lease (Heat Biologics, Inc.)

Alterations. Except as otherwise provided in Article 5.B. above and Exhibit B attached hereto, Tenant shall not permit make no alterations in or additions to the Leased Premises unless (“Alterations”) without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion as to Alterations which adversely affect or impair the structural integrity of or the efficient and until proper operation of the plans have been operating systems of the Building, and which consent shall not be unreasonably withheld, delayed or conditioned as to all other Alterations. Any Alterations shall only be performed by contractors or mechanics approved by Landlord in writingwriting (which approval shall not be unreasonably withheld, conditioned or delayed), and only upon the approval by Landlord in writing of fully detailed and dimensioned plans and specifications pertaining to the Alterations in question (to the extent such plans and/or specifications would customarily be prepared for work of such nature), to be prepared and submitted by Tenant, at its sole cost and expense, which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoingTenant shall, at its sole cost and expense, obtain all necessary approvals and permits pertaining to any Alterations approved by Landlord. Tenant shall have the right without Landlord's consenthereby indemnifies, defends and agrees to hold Landlord free and harmless from all liens and claims of lien, and in compliance with all other provisions liability, claims and demands arising out of this Section, to make any non-structural alterations work done or material supplied to the Leased Premises which do not materially impact by or at the Building's mechanical request of Tenant in connection with any Alterations. If permitted Alterations are made by, on behalf of, or electrical systemsat the request of, do not adversely affect the Building's appearance or valueTenant, and the 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 they shall be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by at Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will ’s sole cost and expense and shall be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and 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 Premises caused by such removal. Unless Landlord notifies Tenant in writing of such removal obligation at the time of Landlord’s approval of the plans and specifications therefor in accordance with the terms and conditions of Exhibit B attached hereto, Tenant shall not be removed by required to remove any alterations or improvements made to prepare the Premises for Tenant. ’s initial occupancy; provided, however, that Landlord agrees that Tenant shall ensure that not be obligated to remove any of the improvements conceptually shown on the space plan hereto as Exhibit B-1, subject to the terms and conditions of Exhibit B attached hereto. Any and all alterations costs attributable to or related to the applicable building codes of the City of Boston (or any other authority having jurisdiction over the Building) arising from Tenant’s plans, specifications, improvements, Alterations or otherwise shall be made in accordance with all applicable lawspaid by Tenant at its sole cost and expense. With regard to repairs, regulations and building codesAlterations or any other work arising from or related to this Article 5, in a good and workmanlike manner and of quality equal to or better than the original construction of the Building. No person Landlord shall be entitled to any lien derived through or under Tenant for any labor or material furnished receive a commercially reasonable administrative/supervision fee, not to exceed three percent (3%) of the Leased Premises, and nothing in this Lease shall be construed to constitute a consent by Landlord to the creation so-called “hard” costs of any lien. If any lien is filed against the Leased Premises such work, to compensate Landlord 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 costs and expenses arising from all costs, losses, expenses Landlord’s review and attorneys' fees in connection with any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienapproval processes.

Appears in 1 contract

Sources: Office Lease (Keryx Biopharmaceuticals Inc)

Alterations. Tenant Subtenant shall not permit alterations make any Alterations in or to all or any part of the Leased Subleased Premises unless and until without the plans have been approved by Landlord in writingconsent of Sublandlord, which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. Notwithstanding All Alterations shall be subject to the foregoing, Tenant shall have approval of Prime Landlord to the right extent required under the terms of the Prime Lease. If any Alterations are made by or on behalf of Subtenant without Prime Landlord's ’s and Sublandlord’s consent, then Subtenant shall, upon request of Prime Landlord or Sublandlord, remove said Alterations, repair all damage resulting from such removal and in compliance with all other provisions of this Section, to make any non-structural alterations restore the Subleased Premises to the Leased Premises which do not materially impact condition existing immediately prior to installation of such Alterations ordinary wear and tear excepted, or Prime Landlord or Sublandlord may remove the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or valuesame, and may (but shall not be obligated to) correct, repair and restore the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in Subleased Premises to the aggregate, provided that Tenant gives Landlord fifteen (15) days condition existing immediately prior written notice of any such alterations, along with copies of plans and specifications relating thereto. As a condition to installation of such approval (orAlterations and any damage arising from such removal, the costs of the foregoing work to be promptly reimbursed by Subtenant within 30 days after receipt of an invoice or other actual documentation as Sublease Additional Rent. Notwithstanding anything to the contrary, in no event shall Subtenant have any obligation to remove any Alterations, Lines or improvements made prior to the Commencement Date by Sublandlord or any other person and Subtenant shall not assume any restoration obligations of Sublandlord with respect to such Alterations, Lines or improvements. Furthermore, notwithstanding anything to the contrary, in no event shall Subtenant be required to remove any alterations permitted to be Alterations except those Alterations made by Tenant hereunder without Landlord's approval)or on behalf of Subtenant, 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 and which are required to be removed by Tenant pursuant to the terms and restore the Leased Premises at the end conditions of the Master Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to 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 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienSublease.

Appears in 1 contract

Sources: Sublease Agreement (Senti Biosciences, Inc.)

Alterations. 6.1 Except for those, if any, specifically provided for in Article 42 hereof or in Exhibit B to this Lease, Tenant shall not permit alterations in make or suffer to be made any alterations, additions, or improvements, including, but not limited to, the attachment of any fixtures or equipment in, on, or to the Leased Premises or any part thereof or the making of any improvements as required by Article 7, without the prior written consent of Landlord, which, in connection with improvements as required by Articles 7 and 42 hereof, shall be reasonably and promptly given. When applying for such consent, Tenant shall, if reasonably requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. 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 Landlord's contractor, if competitively priced (unless Landlord agrees otherwise) at Tenant's sole cost and until the plans have been approved by Landlord in writing, which approval as to interior expense. If Tenant shall employ any contractor other than Landlord's contractor and such other contractor or any subcontractor of such other contractor shall employ any non-structural alterations shall not be unreasonably withheld, conditioned union labor or delayed. Notwithstanding the foregoingsupplier, Tenant shall have be responsible for any and all delays, damages and extra costs suffered by Landlord as a result of any dispute with any labor unions concerning the right without Landlord's consentwage, and in compliance with all other provisions hours, terms or conditions of this Section, to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the 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 employment of any such labor. In any event Landlord may charge Tenant a reasonable charge to cover its overhead as it relates to such proposed work; provided such charge is disclosed to Tenant in Landlord's consent to such work. 6.3 All alterations, along additions or improvements proposed by Tenant shall be constructed in accordance with copies 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 assurances, to Landlord, including but not limited to, waivers of plans lien, surety company performance bonds and specifications relating theretopersonal guaranties of individuals of substance 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. As a condition of such approval (or, with respect Tenant shall pay in addition to any alterations permitted sums due pursuant to be made by Tenant hereunder without 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 approval)election said sums shall be paid in the same way as sums due under Article 4. 6.4 All alterations, Landlord hereby agrees thatadditions, upon written request and improvements in, on, or to the Premises made or installed by Tenant, at including carpeting, shall be and remain the time that property of Tenant is contemplating alterationsduring the Term but, Landlord will inform Tenant as excepting furniture, furnishings, movable partitions of less than full height from floor to whether such proposed alterations will be required to be removed by Tenant ceiling and restore the Leased Premises at the end of the Lease Term; otherwiseother trade fixtures, all such alterations shall at Landlord's option become a part of the realty and belong to Landlord without compensation to Tenant upon the property expiration or sooner termination of the Term, at which time title shall pass to Landlord under this Lease as -------- Initials -4- by a bill of sale, unless Landlord elects otherwise. Upon such election by ▇▇▇dlord, Tenant shall upon demand by Landlord, at Tenant's sole cost and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance expense, forthwith and with all applicable lawsdue diligence remove any such alterations, regulations and building codes, in a good and workmanlike manner and of quality equal to additions 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 Leased Premises, and nothing in this Lease shall be construed to constitute a consent improvements which are designated 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 Tenantbe removed, and Tenant shall cause such lien forthwith and with all due diligence, at its sole cost and expense, repair and restore the Premises to be discharged of record within thirty (30) days after filing. Tenant shall indemnify Landlord from all coststheir original condition, losses, expenses reasonable wear and attorneys' fees in connection with any construction tear and damage by fire or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienother casualty excepted.

Appears in 1 contract

Sources: Lease (Gamestop Corp)

Alterations. Tenant shall not make or permit alterations any Alterations without the prior written consent of Landlord, which consent may be granted or withheld in or Landlord's sole discretion. Landlord may impose any reasonable conditions to its consent, including, without limitation, (i) delivery to Landlord of written and unconditional waivers of mechanic's and materialmen's liens as to the Leased Premises unless Premises, the Building and until 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 of the plans have been approved and specifications and Tenant's contractor(s) with respect to the Alterations, (iii) supervision 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 consentrepresentative at Tenant's expense of the Alterations and (iv) delivery to Landlord of payment and performance bonds naming Landlord and Mortgagee as obligees. The Alterations shall conform to the requirements of Landlord's and Tenant's insurers and of the Federal, state and local governments having jurisdiction over the Premises, shall be performed in compliance accordance with all other the terms and provisions of this Section, to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the 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 Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner befitting a first class office building and of quality equal to shall not adversely affect the value, utility or better than the original construction character 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 the Alterations are not performed as herein required, Landlord shall have the right, at Landlord's option, to halt any lien is filed against further Alterations, or to require Tenant to perform the Leased Alterations as herein required or to require Tenant to return the Premises for work claimed to have been done for its condition before such Alterations. Subject to Section 13.4 herein, all Alterations and fixtures, whether temporary or material claimed to have been furnished permanent in character, made in or upon the Premises either by Tenant or Landlord, will immediately become Landlord's property and, at the end of the Term will remain on the Premises without compensation 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lien.

Appears in 1 contract

Sources: Deed of Lease (Qorus Com Inc)

Alterations. 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 consentto make improvements, additions, alterations and in compliance with all other provisions modifications to the Premises ("Alteration") from and after the Commencement Date of this SectionLease with the consent of Landlord, which consent shall not be unreasonably withheld and shall be deemed given if not reasonably withheld by Landlord in a writing delivered to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that Tenant gives Landlord within fifteen (15) days prior after delivery to Landlord of Tenant's request for Landlord's consent; provided however, that Tenant shall not be required to obtain Landlord's consent to any Alteration does not affect structure of the Building and costs Five Thousand Dollars ($5,000) or less. All Alterations shall be constructed in accordance with applicable Laws and at Tenant's own expense. Subject to paragraph 8.D, Tenant will indemnify and defend Landlord from all liens, claims or damages caused by Tenant's construction of Alterations to the Premises. All Alterations shall remain the property of Tenant during the Lease Term and may be removed from the Premises at any time. Landlord shall have no lien or other interest whatsoever in any such Alteration or on any equipment, trade fixtures or personal property installed in the Premises by Tenant at its cost (collectively "Tenant's Property"); and within ten (10) days following receipt of a written notice request, Landlord shall execute documents in reasonable form to evidence such waiver by Landlord of any such alterationsright, along with copies title, fine, or interest in the Tenant's Property located in the Premises. Tenant shall restore all damage to the Premises caused by any removal of plans and specifications relating theretoTenant's Property. As Within ten (10) days following 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 shall inform Tenant as whether it reserves the right to whether such proposed alterations will be required to be removed any Alteration installed by Tenant and restore removed from the Leased Premises at the end by Tenant upon termination of the Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to 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 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienLease.

Appears in 1 contract

Sources: Lease (Amnis Systems Inc)

Alterations. Tenant shall not permit alterations in No alterations, additions or improvements (hereinafter ----------- "Alterations") to the Leased Premises unless and until shall be made by 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 Tenant without written consent of 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 electrical systems, do not adversely affect the Building's appearance or value, and the 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 nonstructural Alterations Landlord agrees not to unreasonably withhold, condition or delay such consent. All work done in connection with any alterations permitted to be made by Tenant hereunder without Alterations, following Landlord's approval)approval thereof, 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 Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made done in a good and workmanlike manner, in accordance with all applicable laws, regulations with all permits and building codes, in a good approvals therefor obtained by Tenant and workmanlike manner and of quality equal to or better than the original construction of the Buildingperformed by contractors approved by Landlord. No person Any such contractor shall be entitled required to any lien derived through or under provide a certificate of comprehensive general liability and property damage insurance in the amount of $1,000,000.00, naming Landlord as an additional insured. Any Alterations made by the Tenant for any labor or material furnished to the Leased Premises, and nothing in this Lease after such consent 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliategiven, and any related liennon-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 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 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 wiring and cabling installed in the Premises shall remain upon the termination of the Lease and shall become Landlord's property.

Appears in 1 contract

Sources: Sublease Agreement (Mothernature Com Inc)

Alterations. Except as provided in the Tenant Work Letter, Tenant shall not permit make no alterations in or additions to the Leased Premises unless (“Alterations”) without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion, and until the plans have been then only by contractors or mechanics approved by Landlord in writing, which writing and upon the 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, by Landlord in writing of fully detailed 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 electrical systems, do not adversely affect the Building's appearance or value, and the 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 dimensioned plans and specifications relating thereto. As a condition of such approval (orpertaining to the Alterations in question, with respect to any alterations permitted to be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request prepared and submitted by Tenant, at the time its sole cost and expense. Tenant shall, at its sole cost and expense, obtain all necessary approvals and permits pertaining to any Alterations approved by Landlord, and Tenant agrees that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed any cabling or wiring installed by Tenant and restore the Leased Premises (or at the end direction of) Tenant shall meet the requirements of all applicable laws, statutes, ordinances, regulations and codes. If Landlord, in approving any Alterations, specifies a commencement date therefor, Tenant shall not commence any work with respect to such Alterations prior to such date. Tenant hereby indemnifies, defends and agrees to hold Landlord free and harmless from all liens and claims of lien, and all other liability, claims and demands arising out of any work done or material supplied to the Lease Term; otherwisePremises by or at the request of Tenant in connection with any Alterations. If permitted Alterations are made, all such alterations they shall be made at Landlord's option Tenant’s sole cost and expense and shall be and become a part of the realty and 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 shall not be removed other Alterations installed 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 repair any lien derived through or under Tenant for any labor or material furnished damages to the Leased Premises, and nothing in Premises caused by such removal. Upon the expiration or earlier termination of 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 TenantLease, Tenant shall cause remove all cabling and wiring installed by (or at the direction of) Tenant during the term of this Lease, and shall repair any damages to the Premises caused by such lien removal at Tenant’s sole cost and expense, unless Landlord delivers written notice to be discharged of record within Tenant (given at least thirty (30) days after filingprior to the 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 indemnify 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 costsoverhead, lossesgeneral conditions, fees and other costs and expenses and attorneys' arising from Landlord’s involvement with such work. If Landlord performs any Alterations on behalf of the Tenant, any administrative or management fees in connection 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 construction administrative or alteration under this Section 7.03, management fees paid to Landlord shall not performed by Landlord or an affiliate, and any related lienexceed three percent (3%) of the direct costs of the Alterations.

Appears in 1 contract

Sources: Office Lease (Medivation, Inc.)

Alterations. Tenant shall not permit alterations in make, or suffer to be made, any alterations, improvements or additions in, on, about or to the Leased Premises unless and until or the plans have been approved by Landlord in writingBuilding A Exclusive Areas or any part thereof, without the prior written consent of Landlord, which approval as to interior consent will not be unreasonably withheld or delayed; and without a valid building permit issued by the appropriate governmental authority. The foregoing notwithstanding, Landlord's consent shall not be required for non-structural alterations shall not be unreasonably withheldalterations, conditioned improvements 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 additions (which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Buildingbasic building systems of Building A or involve roof or wall penetrations) costing not more that $100,000 annually. The preceding sentence notwithstanding, whether or not Landlord's appearance or valueconsent is required, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars Tenant agrees to give Landlord at least five ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (155) days prior written notice prior to commencing any work of improvement in, on or about the Premises (a) for which a building permit is required, and/or (b) which is to be performed by a third party contractor or subcontractor and which is estimated to cost or will cost in excess of $25,000. Within ten (10) days after Tenant's written request, Landlord shall advise Tenant as to whether Landlord will require any proposed alterations, improvements or additions to be removed or surrendered at the expiration (or earlier termination) of the Term. In the absence of any such request by Tenant, Landlord shall give Tenant written notice, not less than ninety (90) days prior to the expiration of the Term, of any alterations, additions or improvements Landlord requires to be removed. Failure of Landlord to respond timely to Tenant's request or, otherwise to give timely notice of the alterations, additions or improvements Landlord requires to be removed at the expiration of the Term, shall constitute Landlord's consent to the surrender of such alterations, improvements or additions, excluding any non-structural alterations, improvements or additions which Tenant elects to remove, provided that Tenant repairs all damage to the Premises caused by such removal. Unless Landlord requires that Tenant remove any such alterations, along improvement or addition, any alteration, addition or improvement to the Premises, except movable furniture and trade fixtures, shall become the property of Landlord upon termination of the Lease and shall remain upon and be surrendered with copies the Premises at the termination of plans this Lease. Without limiting the generality of the foregoing, all heating, lighting, electrical (including all wiring, conduit, outlets, drops, buss ducts, main and specifications relating thereto. As a condition of such approval (orsubpanels), with respect to any alterations permitted to air conditioning, partitioning [except for modular demountables, which may be removed], drapery, and carpet installations made by Tenant hereunder without Landlord's approval)regardless of how affixed to the Premises, Landlord hereby agrees thattogether with all other additions, upon written request by Tenant, at the time alterations and improvements 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 Lease Term; otherwise, all such alterations shall at Landlord's option have become a an integral part of the realty Building, shall be and become the property of Landlordthe Landlord upon termination of the Lease, and shall not be removed deemed trade fixtures, and shall remain upon and be surrendered with the Premises at the termination of this Lease. If, during the term hereof, any alteration, addition or change of any sort to all or any portion of the Premises or the Building A Exclusive Areas is required by law, regulation, ordinance or order of any public agency as a result of (i) Tenant's negligence or willful misconduct, (ii) Tenant's particular use of the Premises (including, without limitation, any change of use of the Premises by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws), regulations (iii) any alterations, additions or improvements to the Premises by or for Tenant, or (iv) Tenant's applications for governmental approvals or permits, rather than due to the use and building codes, in a good and workmanlike manner and of quality equal to or better than the original construction occupancy of the Building. No person shall be entitled to any lien derived through Premises in general 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 Tenantother reason, Tenant shall cause promptly make the same at its sole cost and expense. If during the term hereof, any alteration, addition, or change to the Premises (except as provided in the previous sentence) or to the Common Area is required by law, regulation, ordinance or order of any public agency, Landlord shall make the same and no portion of the cost of such lien to alteration, addition or change shall be discharged of record within thirty (30) days after filinga Common Area Charge or borne by the Tenant. It is expressly understood and agreed that Tenant shall indemnify Landlord from all costsnot be required to make any alterations, lossesimprovement or addition to the Premises which is required by any law, expenses regulation, ordinance or order except and attorneys' fees only to the extent that such requirement applies because of the specific activities conducted by Tenant at the Premises, including without limitation, the negligence or willful misconduct of Tenant, the particular use or any change in connection with use of the Premises by Tenant, any construction alterations, additions or alteration under this Section 7.03improvements to the Premises by or for Tenant, not performed or any application by Landlord Tenant for governmental approvals or an affiliate, and any related lienpermits.

Appears in 1 contract

Sources: Lease Agreement (Western Digital Corp)

Alterations. Tenant shall not permit alterations in or Subject to the Leased Premises unless and until the plans have been approved by Landlord in writingwritten approval of Landlord, 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 alterations, improvements or additions to the Leased Demised Premises which do for the purpose of conducting its business, provided such alterations, improvements or additions, are made in accordance with the required local ordinances and public authorities having jurisdiction thereof, that the value of the Demised Premises be not diminished thereby, that the structure not be weakened or impaired, that the same be performed in a good workmanlike manner, that the exterior appearance of the buildings not be materially impact the Building's mechanical or electrical systemschanged, do not adversely affect the Building's appearance or value, and that Tenant shall bear the cost of which does the same and shall not exceed Forty Five Thousand permit mechanic's liens to be placed against the Demised Premises. Any and 00/100 Dollars all such alterations, physical additions or improvements made to the Demised Premises shall, at the option of Landlord, become at once its property and shall be surrendered to Landlord upon the termination of this Lease, by lapse of time or otherwise, unless Landlord shall by prior written notice to Tenant at least ninety ($45,000.00) in the aggregate, provided that Tenant gives Landlord fifteen (1590) days prior written notice to the termination date of this Lease, demand of Tenant the removal of any such alterations, along with copies of plans physical additions or improvements, in which circumstances, such removal shall be promptly made at Tenant's expense, and specifications relating theretoTenant shall repair all damage caused thereby. As a condition of such approval (orThis provision, with respect however, shall not apply to any alterations permitted to be made by Tenant hereunder without Landlord's approval)fixtures, Landlord hereby agrees that, upon written request equipment or goods installed by Tenant, all of which shall be and remain the property of Tenant and may at the any 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 it, but any damage to the Leased Demised Premises at the end caused by such removal of the Lease Term; otherwisefixtures, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed equipment or goods installed 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 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 repaired at 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lien's expense.

Appears in 1 contract

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

Alterations. Tenant shall not permit alterations in make any alterations, additions or improvements (collectively, “Alterations”) to the Leased Premises unless and until without Landlord’s prior written consent, except that no consent shall be required for minor or cosmetic modifications to the plans have been approved by Landlord in writinginterior of the Building, which approval as to interior provided any such modification is non-structural alterations shall and does 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 affect the Building's ’s mechanical or electrical systemssystems or services. Landlord agrees not to withhold unreasonably its consent to any Alterations for which its consent is required. Tenant shall provide to Landlord for its approval plans and specifications with respect to any Alteration, do not adversely affect which requires Landlord’s consent. If Landlord consents to any Alterations to the Building's appearance or valuePremises, such Alterations shall be performed in a good and workmanlike manner at Tenant’s expense, and such Alterations shall be performed in accordance with the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, provided that applicable laws. Tenant gives shall give Landlord fifteen (15) days prior written notice of before commencing any such alterationspermitted Alterations. Tenant shall be responsible for any Alterations, along with copies of plans and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted additions or improvements required by law to be made by Tenant hereunder without Landlord's approval)Landlord to or in the Building as a result of Tenant’s proposed alterations. All fixtures, Landlord hereby agrees that, upon written request equipment or alterations of whatsoever nature as shall have been installed on the Premises by Tenant, at the time that Tenant is contemplating alterationsexpiration or termination of this Lease or any renewal or extension thereof, 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 Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not may be removed by Tenant, at its sole discretion; provided, however, that Tenant shall at its own cost and expense repair any damages to the Premises resulting from the removal of said equipment, accessories or alterations. 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 keep 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 Leased Premises, and nothing in this Lease shall be construed to constitute a consent by Landlord to the creation Premises free from claims arising out of any lien. If work performed on Tenant’s behalf and shall not affect any lien is filed against interest of Landlord in 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienPremises.

Appears in 1 contract

Sources: Lease Agreement (Avago Technologies LTD)

Alterations. Except for cosmetic and non-structural alterations costing lees than $25,000.00 in any consecutive twelve (12) month period, such as recarpeting, repainting, and the installation of built-in fixtures which do not involve any Building systems, Tenant shall not permit alterations in or to the Leased Premises unless and until Landlord has approved the plans have been approved by Landlord therefor 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 electrical systems, do not adversely affect the Building's appearance or value, and the 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)and provided so stated therein, Landlord hereby agrees that, upon written request by Tenant, at may require Tenant to remove 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 upon termination of the Lease Termthis Lease; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to 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 Leased Premises, and nothing in this Lease shall be construed to constitute a Landlord’s 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, alteration- and any related lien. Tenant agrees that at Landlord’s option, Landlord or a subsidiary or affiliate of Landlord, who shall receive a fee as Landlord’s construction manager or general contractor, shall perform or cause to be performed all work on any alterations to the Leased Premises.

Appears in 1 contract

Sources: Industrial Lease (Alynx, Co.)

Alterations. During the Term, Tenant may, from time to time, at Tenant’s sole cost and expense, make alterations, replacements, changes, additions and improvements in and to the Premises (the “Alterations”); provided that Tenant first obtains the written consent of Landlord (which consent may be withheld for any reason or for no reason) and any Mortgagee to the extent required under the Mortgage Documents. If Landlord shall fail to respond in writing to Tenant with respect to such request within ten (10) business days after Landlord receipt thereof, Tenant may, but shall not be obligated to, deliver to Landlord a second such written request, within twenty (20) business days after the first request, marked “SECOND TENANT REQUEST FOR LANDLORD APPROVAL” at the top of the first page of such request and in the subject line of any cover letter from Tenant accompanying such request. Landlord’s failure to respond in writing to Tenant with respect to any such second request within five (5) business days following Landlord’s receipt such second notice shall be a deemed approval of such proposed Alteration; however, Tenant shall still be required to receive any Mortgagee’s written consent to the extent required under any Mortgage Documents. Such Alterations shall comply with all applicable Laws and must be performed in accordance with the terms and conditions of any Mortgage Documents. Notwithstanding anything to the contrary contained in this Lease, Tenant shall not permit alterations in or be required to obtain Landlord’s prior approval (but shall be required to receive any Mortgagee’s approval to the Leased Premises unless extent provided under any Mortgage Documents) with respect to Alterations (A) that will not (i) affect (except to a diminimus extent) the structural integrity or structural components of the Building or (ii) adversely affect (except to a diminimus extent) the mechanical, electrical, sprinkler, heating, ventilating, air-conditioning (“HVAC”), sanitary and until other service systems of the plans have been approved by Landlord Premises; (B) except as otherwise provided in writingclause (A), which approval as that are to the interior non-structural alterations of the Building; and (C) shall not be unreasonably withheldconform with all other requirements of this Lease. Additionally, conditioned or delayed. Notwithstanding the foregoingbefore proceeding with any Alterations, Tenant shall have (X) at Tenant’s expense, obtain all necessary governmental permits and certificates for the right without commencement and prosecution of Alterations; (Y) submit to Landlord working drawings, plans and specifications and all permits for the proposed Alterations; and (Z) cause those contractors engaged to perform the Alterations to deliver to Landlord certificates of insurance (in a form reasonably acceptable to Landlord's consent, ) evidencing policies of commercial general liability insurance and in compliance with all other provisions of this Section, to make workers’ compensation insurance. After obtaining Landlord’s and any non-structural alterations Mortgagee’s approval to the Leased Premises which do not materially impact Alterations (to the Building's mechanical or electrical systemsextent required), do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars Tenant shall give Landlord at least five ($45,000.005) in the aggregate, provided that Tenant gives Landlord fifteen (15) days business days’ prior written notice of the commencement of any Alterations at the Premises, and Landlord may elect to record and post notices of non-responsibility at the Premises. Together with its request for approval, or notification to Landlord, of any proposed Alterations, Tenant may request that Landlord irrevocably specify whether Landlord shall require such alterations, along with copies proposed Alteration to be removed prior to the termination of plans and specifications relating theretothe Term. As a condition of such approval (or, If Landlord shall fail to respond in writing to Tenant with respect to any alterations permitted to be made by such request within ten (10) business days after Landlord’s receipt thereof, Tenant hereunder without Landlord's approval)may, 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 Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and but shall not be removed by obligated to, deliver to Landlord a second such written request, within twenty (20) business days after giving the first request, marked “SECOND TENANT REQUEST FOR LANDLORD APPROVAL” at the top of the first page of such request and in the subject line of any cover letter from Tenant accompanying such request. If landlord fails to respond in writing to Tenant within five (5) business days of Tenant. Tenant shall ensure that all alterations ’s second request therefor, Landlord shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and deemed to have agreed that Landlord shall not require removal of quality equal such proposed Alteration prior to or better than the original construction termination 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienTerm hereof.

Appears in 1 contract

Sources: Lease Agreement (Paramount Acquisition Corp)

Alterations. (a) Tenant shall not permit alterations in make any alterations, additions or modifications to the Leased Premises unless and until without the plans have been approved by prior written consent of Landlord in writing, (which approval as to interior non-structural alterations consent shall not be unreasonably withheld), conditioned except for installation of unattached, movable trade fixtures in the Facility which may be installed without drilling, cutting or delayedotherwise defacing any part of the Premises. Notwithstanding All alterations, additions and modifications made to the foregoingPremises by Tenant other than unattached, movable trade fixtures shall remain upon the Premises and become the property of Landlord upon the expiration or termination of this Lease, unless Landlord requests their removal, in which event Tenant, at Tenant's expense, shall remove the same and restore the Premises to their original condition as of the Commencement Date. If Tenant fails to repair any damage to the Premises caused by any removal of any alterations, additions or modifications to the Premises, then Landlord shall have the right without right, but not the obligation, to repair any such damage to the Premises and thereafter Tenant will be obligated to reimburse Landlord for the reasonable costs of repairing such damage. All plumbing or electrical wiring connections exposed as a result of the removal of any alterations, additions or modifications shall be capped by Tenant in a safe and workmanlike manner. (b) Notwithstanding anything contained in paragraph (a) above to the contrary, before approving any alterations, additions or modifications for which Landlord's consentconsent is required, Landlord may require Tenant to furnish it with (i) plans and in compliance specifications detailing the work to be completed, (ii) the names and addresses of the contractors to complete such work and copies of the contracts entered into with such contractors, (iii) all other provisions permits necessary for the construction of this Section, to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the 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 additions or modifications, and (iv) evidence of any insurance reasonably requested by Landlord in connection with copies of plans such alterations, additions and specifications relating thereto. As a condition of such approval modifications, which insurance shall name Landlord and any Fee Mortgagee as additional insured. (or, with respect to any alterations permitted to be made c) All construction work done by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, within or 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 Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, performed in a good and workmanlike manner manner, in compliance with all governmental requirements, and the requirements of quality equal any contract, mortgage, or deed of trust to which Landlord may be a party. (d) Tenant agrees that all improvements, alterations, repairs or better than other work performed upon the original construction Premises under any provision of this Lease including, without limitation, any venting, opening, sealing, water proofing or any altering of the Building. No person roof of the Facility shall be entitled performed under the direction of a general contractor approved by Landlord in advance and that when completed Tenant shall furnish to any lien derived through Landlord a certificate from such contractor stating that all such alterations approved by Landlord have been completed in accordance with plans and specifications previously approved by Landlord. Without limiting the foregoing, the plans and drawings for installation or under Tenant for any labor revision of mechanical, electrical or material furnished to the Leased Premises, and nothing in this Lease plumbing systems shall be construed to constitute a consent designed by an engineer approved by Landlord to the creation of any lien. If any lien is filed against the Leased Premises for in advance, such design 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 filingdone at Tenant's expense. Tenant shall defend (with counsel reasonably acceptable to Landlord), indemnify and hold Landlord and any Fee Mortgagee harmless from and against all claims, liens, costs, losses, damages and expenses and attorneys' fees that may arise out of or in connection with any construction changes, additions, alterations or alteration under this Section 7.03, not performed modifications made to the Premises by Landlord or an affiliate, and any related lienTenant.

Appears in 1 contract

Sources: Lease Agreement (Residential Healthcare Properties Inc)

Alterations. Tenant shall not permit alterations in make any alterations, additions or improvements to the Leased Premises, except as provided in this Lease, or change locks on exterior doors, or change any plumbing or wiring without the 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 unless and until without the plans have been approved by prior written consent of Landlord. Such consent or approval of 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 keep posted on the right without Premises, and shall personally serve upon contractors and subcontractors, a notice stating that 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 electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) interest 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 Development shall not be subject to any alterations permitted 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 be made by Tenant hereunder without Landlord's approval). Any such work including wall covering, Landlord hereby agrees thatpaneling and built-in cabinet work, upon written request by Tenantbut excepting movable furniture and trade fixtures, 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 Lease Term; otherwise, all such alterations shall at Landlord's option once become a part of the realty and belong to Landlord and shall be surrendered with the property Premises. Upon the expiration of the term hereof, Tenant shall, upon written demand by Landlord, at Tenant's sole cost and shall not be removed expense, remove any alterations, additions, or improvements made 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 Leased Premises, and nothing in this Lease shall be construed to constitute a consent designated 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliateremoved, and Tenant shall, at its sole cost and expense, repair any related liendamage to the Premises caused by such removal.

Appears in 1 contract

Sources: Lease (Infe Human Resources Inc)

Alterations. Tenant Lessee shall not permit alterations make no alterations, installations, additions or improvements (hereinafter collectively called "ALTERATIONS") in or to the Leased Demised Premises unless and until or the plans have been approved Building (other than Immaterial Alterations, hereinafter defined) without Lessor's prior written consent. Consent by Landlord in writing, which approval as Lessor to interior non-structural alterations Lessee's 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, except that as to make any non-structural alterations Alterations made subsequent to the Leased Premises Rent Commencement Date, Lessor may withhold its consent for any reason with regard to requested Alterations (other than Immaterial Alterations) by Lessee which do not materially impact (i) affect the structure of the Building or the mechanical, plumbing or electrical systems of the Building, or (ii) could cause the imposition of additional costs or obligations on Lessor (which are not reimbursed or reimbursable by Lessee to Lessor's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the 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 theretoreasonable satisfaction). As a condition of such approval (or, Except with respect to any alterations permitted Immaterial Alterations (hereinafter defined), Lessee, at its sole cost and expense, shall provide Lessor with a copy of the original or revised full-floor mechanical and electrical plans for the floor or floors on which the Alterations are to be made, revised by the Building architect and engineers to show Lessee's proposed Alterations. If any Alterations are made by Tenant hereunder without Landlord's approvalthe prior written consent of Lessor (where such consent is required), Landlord hereby agrees that, upon written request by Tenant, at Lessor may correct or remove 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 Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlordsame, and Lessee shall not be removed liable for any and all expenses incurred by TenantLessor in the performance of this work. Tenant shall ensure that all alterations All Alterations shall be made (i) at Lessee's sole expense, (ii) at such times and in such manner as Lessor may reasonably designate, (iii) in a good, workmanlike, first class and prompt manner, (iv) using new materials only, (v) in accordance with all applicable laws, regulations legal requirements and building codes, in a good and workmanlike manner and the requirements of quality equal to or better than the original construction of any insurance company insuring the Building, (vi) in accordance with Lessor's reasonable Construction Rules and (vii) only by such contractors or mechanics as are approved in writing by Lessor in accordance with the next following sentence. No person Approval of contractors or mechanics by Lessor, which approval may not be unreasonably withheld, shall be entitled to any lien derived through based upon the contractors or under Tenant for any labor or material furnished to the Leased Premisesmechanics being properly licensed, their financial posture, experience and nothing in this Lease shall be construed to constitute a consent by Landlord to the creation of any lienpast job performance. 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lien.An "

Appears in 1 contract

Sources: Office Lease (Charles River Associates Inc)

Alterations. Landlord agrees to perform at Landlord's cost and ----------- expense those improvements described as Landlord's Work on Exhibit B attached hereto as and by this reference made a part hereof. All alterations, additions, improvements and partitions erected by Tenant shall not permit alterations in or to be and remain the Leased Premises unless and until property of Tenant during 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 term of this SectionLease and Tenant shall, to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systemsunless Landlord otherwise elects as hereinafter provided, do not adversely affect the Building's appearance or value, and the 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 remove all alterations, along with copies of plans additions, improvements and specifications relating thereto. As a condition of such approval (or, with respect to any alterations permitted to be made partitions erected 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 tenant and restore the Leased Premises to its original condition by the date of termination of this Lease or upon an earlier date on which Tenant shall have vacated the Leased Premises; provided, however, that, if at the end of the Lease Term; otherwisesuch time Landlord so elects, all such alterations shall at in Landlord's option sole discretion, such alterations, additions, improvements and partitions shall become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Landlord as of the date of termination of this Lease or upon an earlier date on which Tenant shall ensure that all alterations have vacated the Leased Premises and title shall pass to Landlord under this Lease as by a ▇▇▇▇ of sale. All such alterations, removals and restoration shall be made in accordance with all applicable laws, regulations and building codes, accomplished in a good and workmanlike manner and of quality equal by contractors approved in writing by Landlord so as not to damage the primary structure or better than the original construction structural qualities of the Building. No person shall be entitled Tenant shall, prior to any lien derived through construction, provide such assurances to Landlord, including but not limited to, waivers of lien, surety company performance bonds, letters of credit and personal guaranties of individuals of substance, as Landlord, in its sole discretion, shall require to assure payment of the costs thereof and to protect Landlord against any loss from, or under Tenant for any labor or material furnished to the Leased Premisesencumbrance of, 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 by any mechanics', laborers', materialmen's 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienother liens.

Appears in 1 contract

Sources: Lease Agreement (Britesmile Inc)

Alterations. (A) For the purposes of this Section, "Alterations" shall mean any alterations, additions, decorations, or improvements to the Premises or the Building. 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 alterations in or to any other Alterations without the Leased Premises unless and until the plans have been approved by Landlord in writingprior written consent of Landlord, which approval as to interior non-structural alterations consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant shall have the right without If Landlord's consentconsent is required to an Alteration, Landlord may impose any reasonable conditions to the performance of the Alterations, including without limitation, (i) delivery to Landlord of written and unconditional waivers from all contractors of mechanic's and materialmen's liens as to the Premises, 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 compliance the Alterations, (ii) prior approval, which approval shall not be unreasonably withheld, conditioned or delayed, of the plans and specifications and Tenant's contractor(s) with all other respect to the Alterations, (iii) supervision of the 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 not Landlord's consent is required, shall conform to the requirements of Landlord's and Tenant's insurers and of the Federal, state and local governments having jurisdiction over the Premises, shall be performed in accordance with the terms and provisions of this Section, to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the 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 Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner befitting a first class office building and of quality equal to shall not adversely affect the value, utility or better than the original construction character of the BuildingPremises. 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 Should permits of any lien. If any lien is filed against kind and nature be required by Federal, state or local government(s) having jurisdiction over the Leased Premises for work claimed to have been done for or material claimed to have been furnished to TenantPremises, Tenant shall cause be responsible for securing the permits and the cost of same and furnishing copies of such lien permits to be discharged of record within thirty (30) days after filing. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys' fees in connection with any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienLandlord.

Appears in 1 contract

Sources: Deed of Lease (Careerbuilder Inc)

Alterations. 9.1. Tenant shall not permit alterations make any alterations, additions or improvements in or to the Leased Premises unless and until or engage in any construction, demolition, reconstruction, renovation or other work (whether major or minor) of any kind in, at or serving the plans have been approved by Landlord in writingPremises (“Alterations”), which approval as to interior without obtaining Landlord’s prior written consent, except Tenant may make non-structural alterations shall 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 be unreasonably withheld, conditioned exceed One Hundred Twenty Thousand Dollars ($120,000.00) per occurrence or delayedan aggregate amount of Three Hundred Thousand Dollars ($300,000.00) annually. Notwithstanding the foregoing, Tenant shall will not do anything that could have a material adverse effect on 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 Building or electrical life safety systems, do not adversely affect the Building's appearance or value, and the 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 without obtaining Landlord’s prior written notice of any consent. Any such alterationsimprovements, along with copies of plans excepting movable furniture, trade fixtures and specifications relating thereto. As a condition of such approval (orequipment, 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 Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of belong to Landlord, . All alterations and shall not be removed by Tenant. Tenant shall ensure that all alterations improvements shall be made in accordance with all applicable lawsproperly permitted and installed at Tenant’s sole cost, regulations and building codesby a licensed contractor, in a good and workmanlike manner manner, and in conformity with all Applicable Laws. Any alterations that Tenant shall desire to make and which require the consent of quality equal to or better than the original construction of the Building. No person Landlord shall be entitled presented to any lien derived through or under Landlord in written form with detailed plans. Tenant for any labor or material furnished to shall: (i) acquire all applicable governmental permits; (ii) furnish Landlord with copies of both the Leased Premises, permits 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 plans and specifications at least thirty (30) days after filingbefore 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 commencing any 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 indemnify pay, when due, all claims for labor or 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 costsClaims of any kind or nature that arise before, lossesduring 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 caused by Tenant’s removal of any property from the Premises. During any such restoration period, 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 earlier termination of this Lease. 9.4. The Premises plus any Alterations, Tenant Improvements, attached equipment, decorations, fixtures and attorneys' fees trade fixtures; movable casework and related appliances; and other additions and improvements attached to or built into the Premises made by either of the 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 installation, Landlord elects otherwise in writing) at all times remain the property of Landlord, shall remain in the Premises 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 Commencement Date, subject to Landlord’s written consent) constitute Tenant’s property and shall be removed by Tenant upon the expiration or earlier termination of the Lease. 9.5. If Tenant shall fail to remove any of its property from the Premises prior to the 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 Tenant for loss thereof or damage thereto, and Tenant shall pay Landlord, upon demand, any costs and expenses incurred due to such removal and storage or Landlord may, at its sole option and without notice to Tenant, sell such 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 Landlord under this Lease and (b) any expenses incident to the 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 cost to Tenant of all Alterations to cover Landlord’s overhead and expenses for plan review, engineering review, coordination, scheduling and supervision thereof, except that Tenant shall not be required to pay the above amount for any non-structural Alterations to the extent they are within the limits set forth in 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 construction or alteration under this Section 7.03Alterations, including any non-structural Alterations that do not performed by require Landlord’s prior consent. 9.7. Tenant shall require its contractors and subcontractors performing work on the Premises to name Landlord or an affiliate, and its affiliates and any related lienlender as additional insureds on their respective insurance policies.

Appears in 1 contract

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

Alterations. Tenant shall will not permit make or suffer to be made any alterations in or additions to the Leased Premises unless Tenant has obtained the advance written permission of Landlord. The permission, if given, will be subject to the express condition that no liens of mechanics, materialmen, suppliers, laborers, architects, artisans, contractors, subcontractors, or any other lien of any kind will be created or imposed upon the Premises, or any part. Tenant, if requested by Landlord, will furnish Landlord with plans and until specifications, names and addresses of contractors, copies of contracts, necessary permits and indemnification in form and amount satisfactory to Landlord and waivers of lien against any and all claims, costs, damages, liabilities and expenses which may arise in connection with the plans have been approved by alterations or additions. Whether or not Tenant furnishes 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 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 right without alterations or additions. Before beginning any work in connection with alterations or additions, Tenant, if requested by Landlord's consent, 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 compliance any way with all other provisions the additions or alterations. Tenant will pay the cost of this Section, to make any non-structural the alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and additions and the cost of which does not exceed Forty Five Thousand decorating the Premises occasioned by the alterations 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 theretoadditions. As a condition of such approval (or, with respect to Upon completing any alterations permitted to be made by Tenant hereunder without Landlord's approval)or additions, 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 if requested by Tenant and restore the Leased Premises at the end of the Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to 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 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lien.will furnish

Appears in 1 contract

Sources: Lease (Fulcrum Direct Inc)

Alterations. Tenant shall not permit alterations LICENSEE may install certain facilities as follows (collectively, “Permitted Facilities”): (1) Temporary improvements reasonably necessary in or to connection with the Leased Premises unless Activities, including fencing, pavement and until the plans have been 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 Landlord in writing, which approval CITY. Except 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 electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregate, expressly 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, above with respect to the Permitted Facilities, LICENSEE shall not make 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 additions, improvements or other 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 other changes on or with respect to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at ▇▇▇▇▇▇▇ Lot for which the end consent of the Lease Term; otherwise, all CITY has been secured are hereinafter collectively referred to as the “Alterations.” All such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations Alterations shall be made in accordance with all applicable laws, regulations and building codesLaws, in a good and workmanlike manner manner, and at the sole cost and expense of quality equal to or better than the original construction LICENSEE. Upon termination of the Buildingthis License, at CITY’s request, LICENSEE shall remove all Alterations, if any. No person compensation shall be entitled owed to LICENSEE in any lien derived through or under Tenant event for any labor or material furnished Alterations made by LICENSEE to the Leased Premises, and nothing in this Lease ▇▇▇▇▇▇▇ Lot. Any damage caused by the installation or removal of Alterations shall be construed repaired by Licensee at its sole cost and expense, as reasonably required to constitute a consent by Landlord restore the ▇▇▇▇▇▇▇ Lot to substantially the creation same condition as it was in on the date 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienAgreement.

Appears in 1 contract

Sources: License Agreement

Alterations. Tenant shall not make or permit alterations any Alterations in, on or about the Premises, except for nonstructural Alterations not exceeding Five Thousand Dollars ($5,000.00) in or cost per calendar year, without the prior written consent of Landlord, and according to the Leased Premises unless plans and until the plans have been specifications approved in writing by Landlord in writingLandlord, which approval as to interior non-structural alterations consent shall not be unreasonably withheld. With regard to Alterations not requiring Landlord’s consent, conditioned or delayedTenant shall provide Landlord copies of all plans and specifications therefor prior to the construction thereof. Notwithstanding the foregoing, foregoing Tenant shall have not, without the right without prior written consent of Landlord's consent, make any: (i) Alterations to the structure or exterior of the Building; (ii) Alterations to and penetrations of the roof of the Building; and (iii) Alterations visible from outside the Premises, to which Landlord may withhold Landlord’s consent on wholly aesthetic grounds. All Alterations shall be installed at Tenant’s sole expense, 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 electrical systems, do not adversely affect the Building's appearance or value, applicable laws and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) in the aggregateCC&Rs, provided that Tenant gives Landlord fifteen (15) days prior written notice of any such alterationsby a licensed contractor, 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 Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, done in a good and workmanlike manner conforming in quality and of quality equal to or better than design with the original construction Premises existing as of the BuildingCommencement Date, and shall not diminish the value of either the Building or the Premises. No person All Alterations made by Tenant shall be entitled 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 maintenance and repair of any and all Alterations made by it to the Premises. Tenant shall give Landlord 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 Landlord to post and record a Notice of Nonresponsibility or other notice deemed proper before the commencement of any such work. Landlord, at Landlord’s option exercisable at the time of giving its consent to any lien derived through Alterations if such consent is required, or under Tenant for exercisable at any labor or material furnished time prior to the Leased Premises, and nothing in this Lease shall be construed to constitute a expiration or earlier termination of the Term if no consent by Landlord 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 creation expiration or earlier termination 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 TenantTerm, Tenant shall cause so remove such lien to be discharged of record within thirty (30) days after filing. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys' fees in connection with any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienAlterations.

Appears in 1 contract

Sources: Lease (Brooks Automation Inc)

Alterations. Tenant shall not permit alterations in No alterations, installations, additions or improvements will be made 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 delayedTenant without Landlord’s prior written approval. Notwithstanding the foregoing, Tenant shall have the right without Landlord's consent, and in compliance with all other provisions of this Section, Landlord will not unreasonably withhold its consent to Tenant’s request to make any interior non-structural alterations to the Leased Premises which do not materially impact the Building's affect any mechanical or electrical systemsutility systems located in, do not adversely affect or serving, the Building's appearance Leased Premises. Tenant shall deliver to Landlord “as-built” plans or valuedrawings of such alterations promptly after the alterations have been completed. All installations, alterations, additions and improvements, whether by Landlord, Tenant or any other person (except only sign panels and movable trade fixtures installed at Tenant’s cost) shall become, when made, a part of Landlord’s real estate, and on termination of the 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 Lease Term shall be surrendered 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 Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenantin good condition. Tenant shall ensure not have the right to remove sign boxes. Tenant shall defend, indemnify and save Landlord harmless from and against all claims for injury, loss or damage to person or property caused by or resulting from doing any work. For any work 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 involves penetration of the Building. No person shall be entitled to any lien derived through roof surface or under Tenant for any labor or material furnished alterations 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 Tenantsprinkler system, Tenant shall cause such lien employ Landlord’s contractor. The maintenance of any portion of the roof affected by Tenant’s work will be Tenant’s responsibility, including repair of areas of the Shopping Center that might be affected due to be discharged of record within thirty (30) days after filing. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys' fees in connection with any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienwater penetration through Tenant’s roof work.

Appears in 1 contract

Sources: Shopping Center Lease (Howard Bancorp Inc)

Alterations. Except for non-structural Alterations that (i) do not exceed $25,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not affect any Building System or the structural strength of the Building, (iv) do not require penetrations into the 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 alterations any Alterations in or to the Leased Premises unless and until the plans have been approved by Landlord in writingwithout first obtaining Landlord’s consent, which approval as to interior non-structural alterations consent shall not be unreasonably withheld, conditioned . With respect to any Alterations made by or delayed. Notwithstanding on behalf of Tenant (whether or not the foregoingAlteration requires Landlord’s consent): (i) not less than 10 days 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 and any other associated or affiliated entity as their interests may appear as additional insureds, (ii) the right without Landlord's consentAlteration shall be constructed with new materials, in a good and workmanlike manner, and in compliance with all other provisions 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 sustainability and energy efficiency, 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 termination of this SectionLease; 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, to make in which event Tenant will remove it, will repair any non-structural alterations resulting damage and will restore the Premises to the Leased Premises which do not materially impact 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 Building's mechanical Alterations at the expiration or electrical systemstermination of this Lease. Tenant may install its trade fixtures, do not adversely affect the Building's appearance or value, furniture and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) equipment in the aggregatePremises, provided that Tenant gives Landlord fifteen (15) days prior written notice the installation and removal of them will not affect 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 structural portion of the Lease Term; otherwiseProperty, all such alterations shall at Landlord's option become a part of roofing system, any Building System or any other equipment or facilities serving the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to Building 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 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienoccupant.

Appears in 1 contract

Sources: Lease Agreement (CENNTRO ELECTRIC GROUP LTD)

Alterations. Except as provided in the immediately preceding subparagraph, Tenant shall not permit make no alterations in or additions of more than $20,000.00 per occurrence to the Leased Premises unless and until (“Alterations”) without the plans have been approved by Landlord in writingprior written consent of Landlord, which approval consent may be withheld in Landlord’s sole discretion as to interior non-alterations which adversely effect or impair the structural alterations shall not be unreasonably withheld, conditioned integrity of or delayedthe 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 Premises but only if such work is not structural in nature and does not involve Building, mechanical, HVAC or electrical or communication systems. Tenant shall have the right without shall, at its sole cost and expense, obtain all necessary approvals and permits pertaining to any Alterations approved by Landlord's consent. Tenant hereby indemnifies, defends and agrees to hold Landlord free and harmless from all liens and claims of lien, and in compliance with all other provisions liability, claims and demands arising out of this Section, to make any non-structural alterations work done or material supplied to the Leased Premises which do not materially impact by or at the Building's mechanical or electrical systemsrequest of Tenant in connection with any Alterations. If permitted Alterations are made, do not adversely affect the Building's appearance or value, and the 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 they shall be made at Tenant’s sole cost and expense and, unless otherwise agreed by Tenant hereunder without Landlord's approval)the parties in writing prior to such Alterations being made, 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 shall be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and 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 Premises caused by such removal. Any and all costs directly attributable to or related to compliance with 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 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 removed by entitled to receive an administrative/supervision fee (which fee shall vary depending upon whether or not Tenant orders the work directly from Landlord) sufficient to compensate Landlord for all overhead, general conditions, fees and other costs and expenses arising from Landlord’s involvement with such work. The construction of Tenant. Tenant shall ensure that all alterations ’s Work 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 governed by the original construction terms 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 Premiseswork letter, attached hereto as Exhibit C, and nothing in not the terms of 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienArticle 5.

Appears in 1 contract

Sources: Office Lease (TRX Inc/Ga)

Alterations. 6.1 Except for those, if any, specifically provided for in Exhibit B to this Lease, Tenant shall not permit alterations in make or suffer to be made any alterations, additions, or improvements, including, the attachment of any fixtures or equipment in, on, or to the Leased Premises unless and until or any part thereof or the plans have been approved making of any improvements as required by Landlord in writingArticle 7 (“Alterations”), without the prior written consent of Landlord, which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoingWhen applying for such consent, Tenant shall have shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements, if applicable. 6.2 In the right without Landlord's consent, and in compliance with all other provisions of this Section, to make any non-structural alterations event Landlord consents to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the 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 making of any such alterationsalteration, along with copies of plans and specifications relating thereto. As a condition of such approval (oraddition or improvement by Tenant, with respect to any alterations permitted to the same shall be made by Tenant hereunder without using Tenant’s contractors (subject to Landlord's ’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 hereby agrees thatharmless from any and all delays, upon written request 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 employment of any such labor. 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 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 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 made or installed by Tenant, at including carpeting, shall be and remain the time that property of Tenant is contemplating alterationsduring the Term but, Landlord will inform Tenant as to whether such proposed alterations will be required to 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 by Tenant from the Premises and restore the Leased Building at Tenant’s expense and the Premises at the end of the Lease Term; otherwiserestored to its original condition, all such alterations and any remaining improvements, shall at Landlord's option become a part of the realty and belong to Landlord without compensation to Tenant upon the property expiration or sooner termination of the Term, at which time title shall pass to Landlord under this Lease as by a ▇▇▇▇ of sale, unless Landlord elects otherwise. Upon such election by Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance upon demand by Landlord, at Tenant’s sole cost and expense, forthwith and with all applicable lawsdue diligence remove any such alterations, regulations and building codesadditions or improvements, 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 including 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 which are designated 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 Tenantbe removed, and Tenant shall cause such lien forthwith and with all due diligence, at its sole cost and expense, repair and restore the Premises and the Building to be discharged of record within thirty (30) days after filing. Tenant shall indemnify Landlord from all coststheir original condition, losses, expenses reasonable wear and attorneys' fees in connection with any construction tear and damage by fire or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienother casualty excepted.

Appears in 1 contract

Sources: Lease (Neutral Tandem Inc)

Alterations. Tenant shall not permit alterations in or to the Leased Premises unless and until the plans have been approved by Landlord in writingnot, 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 L▇▇▇▇▇▇▇’s prior written consent, and which consent L▇▇▇▇▇▇▇’s may grant or withhold in compliance with all other provisions of this SectionLandlord’s sole and absolute discretion, to make any non-alterations, additions, or improvements whatsoever (including, but not limited to, structural alterations to the Leased Premises which do not materially impact the Building's mechanical alterations, additions or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00improvements) in or about 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 Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to 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 Leased Premises, and nothing will not do anything to or 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 this Lease shall be construed to constitute a consent by Landlord to the creation writing of its approval of any lien. If any lien is filed against the Leased Premises for work claimed to have been done for Tenant requested alteration, addition, or material claimed to have been furnished to Tenant, Tenant shall cause such lien to be discharged of record improvement within thirty (30) days after filingof the date of Landlord’s receipt of such request, Landlord shall be deemed to have elected to deny its consent to the applicable Tenant requested alteration, addition or improvement. All alterations, additions or improvements of a permanent nature made or installed by Tenant to the Premises shall indemnify become the property of Landlord from all costsat the expiration or earlier termination of this Lease. Landlord reserves the right to require Tenant, lossesat Tenant’s sole cost and expense, expenses to remove any alterations, improvements or additions made to the Premises by Tenant and attorneys' fees in connection with to repair and restore the Premises to their condition prior to such alteration, 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 construction proposed Tenant alteration, addition or alteration improvement and, it required, such administrative fee shall constitute Additional Rent under this Section 7.03, not performed by Landlord or an affiliate, and any related lienLease.

Appears in 1 contract

Sources: Lease Agreement (Caring Brands, Inc.)

Alterations. Except as provided in Article 5.C. above, Tenant shall not permit make no alterations in or additions to the Leased Premises unless (“Alterations”) without the prior written consent of Landlord, 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 until do not affect or impact the plans have been 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 writingwriting (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 as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoingTenant shall, at its sole cost and expense, obtain all necessary approvals and permits pertaining to any Alterations approved by Landlord. Tenant shall have the right without Landlord's consenthereby indemnifies, defends and agrees to hold Landlord free and harmless from all liens and claims of lien, and in compliance with all other provisions liability, claims and demands arising out of this Section, to make any non-structural alterations work done or material supplied to the Leased Premises which do not materially impact by or at the Building's mechanical or electrical systemsrequest of Tenant in connection with any Alterations. If permitted Alterations are made, do not adversely affect the Building's appearance or value, and the 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 they shall be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request by at Tenant, at the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will ’s sole cost and expense and shall be required to be removed by Tenant and restore the Leased Premises at the end of the Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and 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 shall not be removed other Alterations installed by Tenant, and to repair any damages to the * Confidential treatment requested; certain information omitted and filed separately with the SEC. Tenant shall ensure that Premises caused by such removal. Any and all costs attributable to or related to the applicable building codes of the city in which the Building is located (or any other authority having jurisdiction over the Building) arising from Tenant’s plans, specifications, improvements, alterations or otherwise shall be made in accordance with all applicable lawspaid by Tenant at its sole cost and expense. With regard to repairs, regulations and building codesAlterations or any other work arising from or related to this Article 5.D., in a good and workmanlike manner and of quality equal to or better than the original construction of the Building. No person Landlord shall be entitled to any lien derived through receive an administrative/supervision fee not to exceed [*] percent ([*]%) if smaller than $[*] and [*] percent ([*]%) above $[*] (which fee shall vary depending upon whether or under not Tenant orders the work directly from Landlord) sufficient to compensate Landlord for any labor or material furnished to 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 Leased Premisesterms and conditions of Exhibit B, and nothing in not the terms of 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lien.Article 5.D.

Appears in 1 contract

Sources: Office Lease (Salix Pharmaceuticals LTD)

Alterations. 8.1 Except as shown on Exhibit D, Tenant shall not permit alterations make any alterations, additions or improvements in or to the Leased Premises unless and until the plans have been approved by Landlord in writingor any part thereof, or attach any fixtures or equipment thereto, without Landlord's prior written consent which approval as to interior non-structural alterations consent shall not be unreasonably withheld, conditioned withheld or delayed. Notwithstanding the foregoingpreceding sentence, Tenant shall have the right may make alterations, additions or improvements without Landlord's consent, and in compliance with all other provisions of this Section, to make any non-structural alterations to consent if the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the total cost of which does not exceed Forty those alterations, additions or improvements is no more than Five Thousand and 00/100 Dollars ($45,000.005,000.00) per occurrence and the alterations, additions or improvements will not affect in any way the aggregatestructural, provided that exterior or roof elements of the Building or the elevator, mechanical, electrical, plumbing or life safety systems of the Building. Tenant gives Landlord fifteen (15) days shall give prior written notice of any such allowed alterations, along with copies of plans additions or improvements to Landlord. All alterations, additions and specifications relating thereto. As a condition of such approval (or, with respect improvements in or to any alterations permitted the Premises to which Landlord consents shall be made by Landlord at Tenant's sole cost and expense. Tenant hereunder without Landlord's approval), shall give written notice to Landlord hereby agrees that, upon written request by Tenant, at of the time that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations date on which construction of any work will be required commenced at least five (5) days prior to be removed by that date. Tenant and restore shall keep the Leased Premises at the end of the Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property Building free from mechanics' liens and all other liens arising out of Landlordany work performed, and shall not be removed labor supplied, materials furnished or other obligations incurred by Tenant. Tenant shall ensure that promptly and fully pay and discharge 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 claims on which 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 could be based or shall provide a bond or other adequate security therefor. Landlord shall have the right to post and keep posted on the Premises any notices that may be provided by law or which Landlord may deem to be discharged proper for the protection of record within Landlord, the Premises and the Building from liens, and, upon thirty (30) days days' prior written notice to Tenant, to take any other action Landlord deems necessary to remove or discharge liens or encumbrances at the expense of Tenant. 8.2 All alterations, additions, fixtures and improvements shall become part of the Building and Landlord's property. All movable furniture, equipment, trade fixtures, computers, office machines and other personal property shall remain the property of Tenant. Upon termination of this Lease, Tenant shall, at Tenant's expense, remove all such movable furniture, equipment, trade fixtures, computers, office machines and other personal property from the Building and repair all damage caused by the removal. Termination of this Lease shall not affect the obligations of Tenant pursuant to this paragraph 8.2 to be performed after filing. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys' fees in connection with any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lientermination.

Appears in 1 contract

Sources: Commercial Lease (Petopia Com Inc)

Alterations. Tenant shall not permit alterations in Any alterations, additions, or improvements made to the Leased Premises unless 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 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 until the plans have been approved by completion of such Alterations as Landlord may deem appropriate in Landlord's sole and absolute discretion. Any request for approval shall be in writing, which approval 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 interior 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-structural alterations 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 unreasonably withheldremoved by Tenant at any time during the Term, conditioned or delayedand shall remain upon and be surrendered with the Premises as a part thereof. 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 electrical systems, do not adversely affect the Building's appearance or value, and the 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 Tenantmay, at the time its approval of any such Installation is requested, notify Tenant that Landlord requires that Tenant is contemplating alterations, Landlord will inform Tenant as to whether remove such proposed alterations will be required to be removed by Tenant and restore Installation upon the Leased Premises at the end expiration or earlier termination of the Lease Term; otherwise, 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 alterations shall at Landlord's option become a part connections behind the walls of the realty Premises and repairing any holes. During any restoration period beyond the property expiration or earlier termination of Landlordthe Term, and Tenant shall not be removed pay Rent to Landlord as provided herein as if said space were otherwise occupied by Tenant. If Landlord is requested by Tenant shall ensure that all alterations shall be made or any lender, lessor or other person or entity claiming an interest in accordance with all applicable lawsany of Tenant Property to waive any lien Landlord may have against any of Tenant’s Property, regulations and building codesLandlord consents to such waiver, in a good and workmanlike manner and of quality equal to or better than the original construction of the Building. No person then Landlord shall be entitled to any lien derived through or under Tenant be paid as administrative rent a fee of $1,000 per occurrence for any labor or material furnished to the Leased Premises, its time and nothing effort in this Lease shall be construed to constitute preparing and negotiating such a consent by Landlord to the creation waiver 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lien.#4262661_v3

Appears in 1 contract

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

Alterations. Subsequent to the completion of any Landlord’s Work pursuant to Section 2, Tenant shall not permit alterations in attach any fixtures, equipment or other items to the Leased Premises, or paint or make any other additions, changes, alterations, repairs or improvements (collectively hereinafter “alterations”) to the Premises, Building or Property without Landlord’s prior written consent, which with respect to alterations to the Premises unless will not be unreasonably withheld so long as Tenant is not then, nor has been, in default of this Lease (beyond any applicable cure period). If Landlord consents to any alteration, Landlord may post notices of nonresponsibility in accordance with Law. Any alterations so made shall remain on and until be surrendered with the Premises upon expiration or earlier termination of this Lease, except that Landlord may, within thirty (30) days before or thirty (30) days after expiration or earlier termination hereof elect to require Tenant to remove any or all alterations at Tenant’s sole costs and expense. At the time Tenant submits plans have been approved 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 or expiration of this Lease, and Landlord shall make such identification simultaneous with its approval (if any) of the alterations. If Landlord elects to require removal of alterations, then at its own and sole cost Tenant shall restore the Premises to the condition designated by Landlord in writingits election, which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. Notwithstanding before 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 electrical systems, do not adversely affect the Building's appearance or value, and the 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 last day of the Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to term 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 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 costsnotice of its election is given, losses, expenses and attorneys' fees in connection with any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienwhichever is later.

Appears in 1 contract

Sources: Office Lease (Visualant Inc)

Alterations. Tenant LESSEE shall not permit make structural alterations in or additions of any kind to the Leased Premises unless and until the plans have been approved by Landlord leased premises, but may make nonstructural alterations provided LESSOR consents thereto in writing, which approval as to interior non-structural alterations consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, Tenant Lessee may make nonstructural alterations, which cost less than $10,000.00 without Lessor's consent. All such allowed alterations shall be at LESSEE's expense and shall conform to LESSOR's construction specifications. LESSOR shall respond to LESSEE's request for consent within three (3) days of the request. If LESSOR provides any services or maintenance for LESSEE in connection with such alterations or otherwise under this lease, any just invoice will be promptly paid. LESSEE shall not permit any mechanics' liens, or similar liens, to remit upon the leased premises in connection with work of any character performed or claimed to have been performed at the direction of LESSEE and shall cause any such lien to be released or removed forthwith without cost to LESSOR. Any alterations or additions shall become part of the leased premises and the property of LESSOR. LESSEE shall have the right without Landlord's consent, and in compliance with all other provisions of this Section, to make remove same provided that any non-structural alterations resultant damage is restored or repaired prior to the Leased Premises which do not materially impact the Buildingtermination hereof. LESSEE's mechanical or electrical systems, do not adversely affect the Building's appearance or value, trade fixtures and the 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 Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and equipment are the property of Landlord, and shall not be removed LESSEE as set forth in Exhibit A. Any alterations completed by Tenant. Tenant shall ensure that all alterations LESSOR shall be made in accordance with all applicable lawsLESSOR's "building standard" unless noted otherwise. LESSOR shall have the right at any time to change the arrangement of parking areas, regulations and building codesstairs, in a good and workmanlike manner and of quality equal to walkways or better than the original construction other common areas of the Building. No person shall be entitled to any lien derived through 100 building of which the leased premises are a part provided such changes do not affect access or under Tenant for any labor or material furnished to use of 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienleased premises.

Appears in 1 contract

Sources: Lease Agreement (Ultratech Stepper Inc)

Alterations. Tenant shall will not make or permit alterations anyone to make any alterations, decorations, additions, or improvements, structural or otherwise, in or to the Leased Premises unless demised premises or the Building ("Alterations") without the prior written consent of Landlord; provided, however, that Landlord's consent shall not be required for non-structural Alterations which cost less than $25,000 to perform. All Alterations permitted by Landlord must conform to all rules, regulations, and until requirements of the plans have been approved federal, state, and municipal governments, and conform harmoniously with the Building's design and interior decoration. Tenant shall and does hereby indemnify and hold Landlord harmless from and against any and all expenses, liens, claims, or damages to person or property which may or might arise by reason of the making of any Alterations. If any Alteration is made without the prior written consent of Landlord, Landlord may correct or remove the same, and Tenant shall be liable for any and all expenses incurred by Landlord in writingthe performance of this work. All Alterations made by either party shall, 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 at Landlord's consentelection, immediately become the property of Landlord and in compliance shall remain upon and be surrendered 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 electrical systems, do not adversely affect the Building's appearance or value, and the 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 demised premises 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 part thereof at the end of the Lease Term; otherwiseterm hereof without disturbance, all such alterations shall at Landlord's option become a part of the realty and the property of Landlordmolestation, and shall not or injury. Should Landlord elect that any Alterations installed by Tenant 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 upon the expiration or termination 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 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 TenantLease, Tenant shall cause such lien remove the same at Tenant's sole cost and expense and if Tenant fails to be discharged of record within thirty (30) days after filing. remove the same, Landlord may remove the same at Tenant's expense and Tenant shall indemnify reimburse Landlord from all costs, losses, expenses and attorneys' fees in connection for the cost of such removal together with any construction or alteration under this Section 7.03, not performed and all damages which Landlord may sustain by Landlord or an affiliate, and any related lienreason of such default by Tenant.

Appears in 1 contract

Sources: Office Lease (Radio One Inc)

Alterations. Except for non-structural Alterations that (i) do not exceed $50,000 in the aggregate, (ii) are not visible from the exterior of the Premises, (iii) do not adversely affect any Building System or the structural strength of the Building, and (iv) do not require penetrations into the floor, roof or load-bearing or demising walls, Tenant shall not make or permit alterations any Alterations in or to the Leased Premises unless and until the plans have been approved by Landlord in writingwithout first obtaining Landlord's consent, which approval as to interior non-structural alterations consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoingWith respect to any Alterations that do not require Landlord's consent, Tenant shall have nonetheless provide written notice thereof to Landlord, describing in reasonable detail the right without nature of the 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 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 electrical systems, do not adversely affect the Building's appearance or value, Laws and the 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 (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 approval (or, with respect to any alterations permitted to be made construction. Any Alteration by Tenant hereunder 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 Property and become the property of Landlord's approval), unless such Alteration required the consent of Landlord hereby agrees that, upon written request by Tenantand, at the time that Tenant is contemplating alterationssuch consent was given, Landlord will inform gave notice to Tenant as to whether that such proposed alterations will be required to Alteration must be removed by upon the expiration or termination of this Lease, in which event Tenant will remove it, will repair any resulting damage and will restore the Leased Premises at to the end 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 Lease Term; otherwiseProperty, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal to any Building System or better than the original construction of any other equipment or facilities serving 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 any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lien.

Appears in 1 contract

Sources: Lease Agreement (Intest Corp)

Alterations. (a) Tenant shall not permit alterations make or allow to be made any alterations, additions, or improvements in or to the Leased Premises unless and until the plans have been approved by Landlord in writing(collectively, “Alterations”) without first obtaining Landlord’s written consent, which approval as to interior non-consent shall be granted or 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 alterations integrity of the Building shall not be unreasonably withheldimpaired, conditioned and that no liens shall attach to all or delayedany 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, Tenant shall have the right movable equipment, trade fixtures, personal property, furniture, or any other items that can be removed without Landlord's consent, and in compliance with all other provisions of this Section, to make any non-structural alterations material harm to the Leased Premises which do will remain Tenant’s property (collectively, “Tenant Owned Property”) and shall not materially impact become the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the cost property 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 but shall be made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request removed by Tenant, at Tenant’s sole cost and expense, not later than the time Lease Expiration Date. Tenant shall repair at its sole cost and expense all damage caused to the Premises or the Building by the removal of any Alterations that Tenant is contemplating alterations, Landlord will inform Tenant as to whether such proposed alterations will be required to be removed by remove or Tenant and restore the Leased Premises Owned Property. Landlord may remove any Tenant Owned Property or Alterations that Tenant is required but fails to remove at the end of the Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty Expiration Date 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 pay to Landlord the reasonable cost of quality equal to or better than the original construction of the Buildingremoval. 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 any construction or alteration ’s obligations under this Section 7.03, not performed by Landlord 8 shall survive the expiration or an affiliate, and any related lienearlier termination of this Lease.

Appears in 1 contract

Sources: Lease Agreement (Greenland Technologies Holding Corp.)

Alterations. Tenant shall not permit Sublessee's right to make alterations in or to the Leased Sublease ----------- Premises unless 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 until improvements to the plans have been approved Sublease Premises made by Landlord Sublessee, (ii) restore the Sublease Premises to their condition prior to making such alterations, additions and improvements; and (iii) repair all damage caused in writingremoving such alterations, which 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 as of Sublessor and Master Lessor to interior non-structural any such proposed alterations shall not be unreasonably withheldor improvements. Provided, conditioned or delayed. Notwithstanding the foregoinghowever, Tenant Sublessee shall have the right without Landlord's consent, and in compliance with all other provisions of this Section, to make any non-structural interior nonstructural alterations to the Leased Sublease Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Twenty-Five Thousand and 00/100 Dollars ($45,000.0025,000) in the aggregatecost annually, without obtaining Sublessor's prior consent; and, provided that Tenant gives Landlord fifteen (15) days prior written notice further, if Master Lessor requires removal 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 Lease Term; otherwise, all such alterations shall at Landlord's option become a part term of the realty Sublease and/or the Master Lease pursuant to the terms of the Master Lease, Sublessee shall perform or shall bear the cost of performing any such removal and the property of Landlordassociated restoration, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations indemnify and building codes, in a good and workmanlike manner and hold Sublessor harmless 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 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, lossesexpenses, expenses claims and attorneys' fees liabilities arising out of or in connection with any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related liensuch removal and/or restoration.

Appears in 1 contract

Sources: Sublease (Extreme Networks Inc)

Alterations. Tenant shall not permit alterations in make any alterations, additions or improvements to the Leased Premises unless and until (whether or not the plans have been approved by Landlord same may be structural in writing, nature) without Landlord's prior written consent which approval as to interior non-structural alterations shall will not be unreasonably withheldwithheld and then only at times and by contractors or mechanics approved by Landlord. All alterations, conditioned additions 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 improvements made by either party hereto to the Leased Premises which do not materially impact Premises, except movable office furniture and moveable equipment installed at Tenant's expense, shall become the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, property of Landlord and the cost of which does not exceed Forty Five Thousand remain upon 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 be surrendered 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 expiration of the Lease Term; otherwise, term hereof and all such alterations shall at Landlord's option become a part property remaining in the Leased Premises after the last day of the realty and the property term 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 Leased Premises, and nothing in this Lease shall conclusively be construed to constitute a consent deemed abandoned by Tenant or may be removed and stored by Landlord, at Tenant's cost. Notwithstanding the above, 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 may by written notice to Tenant, Tenant shall cause such lien to be discharged of record within given thirty (30) days after filingprior 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 indemnify Landlord from all costsbe allowed to make non-material alterations, lossesadditions, expenses 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 term of "non-material" shall mean any alteration, addition, or improvement which does not affect the structure of the building (including its building systems) or the demise premises and attorneys' fees in connection with any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienwhich costs less than Five Thousand ($5,000.00) dollars.

Appears in 1 contract

Sources: Lease Agreement (Syntel Inc)

Alterations. Notwithstanding anything to the contrary contained in the Lease, Tenant shall not permit alterations in or to the Leased Premises unless and until the plans and the contractor have been approved by Landlord in writing; provided, which approval as however, that Tenant shall have the right to interior make alterations to the Leased Premises without obtaining Landlord’s prior written consent provided that (i) such alterations do not exceed Twenty Thousand Dollars ($20,000.00) in cost in any one instance and Fifty Thousand Dollars ($50,000.00) in cost in the aggregate during the Lease Term; (ii) such alterations are non-structural in nature; and (iii) Tenant provides Landlord with prior written notice of its intention to make such alterations shall not be unreasonably withheldstating in reasonable detail the nature, conditioned or delayedextent and estimated cost of such alterations together with the plans and specifications for the same. Notwithstanding Without limiting the foregoing, at such time, if at all, as Tenant’s alterations made without obtaining Landlord’s consent reach the $50,000.00 aggregate cost threshold referenced above, Tenant shall have the right without Landlord's consent, and in compliance with all other provisions of this Section, to make any non-structural additional alterations to the Leased Premises which without obtaining ▇▇▇▇▇▇▇▇’s prior written consent only if clauses (ii) and (iii) above are satisfied and such alterations do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or value, and the cost of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.005,000.00) in cost in the aggregate, provided that aggregate during any subsequent six (6) month period. Upon the expiration or any earlier termination of the Lease Tenant gives Landlord fifteen (15) days prior written notice of shall have no obligation hereunder to remove any such alterationsalterations unless, 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, x) at the time that Tenant is contemplating alterationsLandlord consents to such alteration, Landlord will inform expressly requires such removal, or (y) if Landlord’s consent is not required, Landlord notifies Tenant as to whether such proposed alterations will be required to be removed by Tenant and restore the Leased Premises at the end in writing promptly following Landlord’s receipt of the Lease Term; otherwise, all such alterations shall at Landlord's option become a part of the realty and the property of Landlord, and shall not be removed by Tenant. Tenant shall ensure that all alterations shall be made in accordance with all applicable laws, regulations and building codes, in a good and workmanlike manner and of quality equal notice required pursuant 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 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 clause (30ii) days after filing. Tenant shall indemnify Landlord from all costs, losses, expenses and attorneys' fees in connection with any construction or alteration under this Section 7.03, not performed by Landlord or an affiliate, and any related lienabove.

Appears in 1 contract

Sources: Office Lease (TRX Inc/Ga)

Alterations. 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 permit alterations in make or suffer to be made any alterations, additions, or improvements in, on, or to the Leased Premises unless and until or any part thereof or the plans have been approved making of any improvements as required by Landlord in writingArticle 7, without the prior written consent of Landlord, which approval as to interior non-structural alterations shall not be unreasonably withheld, conditioned or delayed. Notwithstanding When applying for such consent, Tenant shall, if requested by Landlord, furnish complete plans and specifications for such alterations, additions and improvements. To the foregoingextent 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 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 have be responsible for and hold Landlord harmless from any and all delays, damages and extra costs directly suffered by Landlord as a result of any dispute with any labor unions employed at the right without Landlord's consentBuilding concerning the wage, hours, terms or conditions of the employment of any such labor resulting from Tenant’s direct or indirect employment of such non-union labor or supplier at the Building. 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 in compliance with also all other provisions such assurances to Landlord, including but not limited to, reasonable and customary waivers of this Section, to make any non-structural alterations to the Leased Premises which do not materially impact the Building's mechanical or electrical systems, do not adversely affect the Building's appearance or valuelien, and the cost if such alteration, addition or improvement is in excess of which does not exceed Forty Five Thousand and 00/100 Dollars ($45,000.00) 100,000 in the aggregate, provided that 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 gives Landlord fifteen (15) days prior written notice of shall as Additional Rent pay in addition to any sums due pursuant to Article 4, any increase in Taxes attributable directly 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, along with copies of plans additions, and specifications relating thereto. As a condition of such approval (orimprovements in, with respect on, or to any alterations permitted to be the Premises made by Tenant hereunder without Landlord's approval), Landlord hereby agrees that, upon written request or installed by Tenant, at including carpeting, shall be and remain the time that property of Tenant is contemplating alterationsduring the Term but, Landlord will inform Tenant as excepting furniture, furnishings, movable partitions of less than full height from floor to whether such proposed alterations will be required to be removed by Tenant ceiling and restore the Leased Premises at the end of the Lease Term; otherwiseother trade fixtures, all such alterations shall at Landlord's option become a part of the realty and belong to Landlord without compensation to Tenant upon 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 expiration or better than the original construction sooner termination of the Building. No person Term, at which time title shall be entitled pass to any lien derived through or Landlord under Tenant for any labor or material furnished to the Leased Premises, and nothing in this Lease shall be construed as by a ▇▇▇▇ of sale, unless Landlord communicates 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 filingthe 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 indemnify Landlord from all costsupon the expiration or sooner termination of this Lease, lossesat Tenant's sole cost and expense, expenses and attorneys' fees in connection with remove any construction such alterations, additions or alteration under this Section 7.03, not performed improvements which are designated by Landlord or an affiliateto be removed, and any related lienTenant 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 contrary set forth in Section 6.1 above, Tenant shall have the right, without the consent of Landlord, to make alterations 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.

Appears in 1 contract

Sources: Lease Agreement (Strongbridge Biopharma PLC)